California Affiliate Marketers: Urgent Action Needed-Affiliate Nexus Referendum Under Threat

1 replies
Hi guys,

Looks like we could do with some urgent help from California affiliate marketers who care to help. Below is an email I got today. Let me know if you have questions.
The bottom line is that, if this new legislation passes in the coming days, it will repeal the affiliate nexus law passed in July 2011 BUT will RE-ENACT ALL of it with enhanced 'urgency' provisions. They are seeking a 2/3 majority (so bi-partisan support) and if this is achieved, the affiliate nexus law with all the updates will go into effect WITHOUT the option to be repealed by a referendum anymore. So us California affiliates will stand No chance of getting back in business with our lost affiliate partners unless we move outside of CA.
Thanks for your help and for taking action:

Good Morning "GetBackInBusiness.org [1]" Coalition Partners: YOUR ACTION IS NEEDED NOW! As you may have heard from news media reports there is a contingent of Legislators at the Capitol who have performed what is known as a 'gut and amend' to AB 155 (Calderon). What this means is that language that was originally in the legislation has now been removed and new legislative language has been added. THIS IS A SERIOUS THREAT TO OUR EFFORTS TO SUPPORT THE REFERENDUM TO OVERTURN ABX1 28. _(The affiliate nexus tax legislation signed into law by the Governor as part of the budget process.)_ The new language will repeal ABX1 28 -- subverting our referendum efforts to overturn the new law. In essence by eliminating ABX1 28 our efforts to overturn the law could become moot. While that may sound encouraging, it is anything but, and in fact even more threatening to our industry. The amended legislation adds back in all the issues we have been fighting against for the past few years regarding the attempt to implement a nexus tax law. In order to bypass legislative deadlines and rules the amended bill AB 155 has what is known as an 'urgency clause' put in it. Any such legislation does require a 2/3 votes of the Legislature, takes effect immediately and CAN'T BE SUBJECT TO A BALLOT REFERENDUM. We need your help now to communicate with your elected officials your strong opposition to this type of policy making. We need to make sure the Republican Caucus knows our concerns so this vote becomes a non-starter for them. PLEASE GO TO:
Take Action » getbackinbusiness.org


AND USE THE 'CLICK HERE TO SEND YOUR LEGISLATORS A LETTER' LINK That will take you to a program allowing you to directly submit comments (pre-prepared, with room for your personal comments, as well) to you Assembly Member and Senator. We will also carbon copy some additional Senators; these are members who we believe need to receive some added focus in educating the negative impact this newly amended legislation will have. We know this is a lot to ask in a shot amount of time, but it is critical we connect with these Legislators as soon as possible. Your letters will be immediately emailed to your Legislator and we will also deliver hard copies to their offices. The Legislative Session concludes next Friday, so we time is of the essence. If you have any questions, please feel free to contact Shelly Sullivan at
ssullivan@onemain.com [2] Thank you for your help. We know your time is valuable and really appreciate your help in defeating AB 155 so we can continue with the referendum process to overturn ABX1 28.
#action #affiliate #california #marketers #neededaffiliate #nexus #referendum #threat #urgent
  • Profile picture of the author kindsvater
    If it passes the ensuing court battle will be interesting. There is obviously no urgency - except to bypass the voter's ability to pass referendum.

    I believe the only changes from the current law is that right now anyone with more than $500,000 in California sales must collect the sales tax.

    The new "urgent" law changes the amount to $1,000,000.

    The bill says the "emergency" for the change is to "lessen the burden at the earliest possible time on small businesses that are otherwise required to collect use tax"

    Not much of an emergency.

    In any event, since the remainder of the law remains exactly the same - such as the affiliate nexus issue - the law could still be subject to referendum.

    The only part possibly not subject to referendum is application of the law to anyone selling more than $500,000 and less than $1,000,000 in the state.

    But who knows what a court would decide.

    .
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