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July 31st, 2008, 10:14 AM #1Time to Act is NOW!!!
Just a heads up that if you haven't called you assembly Representative the time to do it is now. The reason being that Gov. Paterson is calling in the state legislature for an emergency economic session on Tuesday August 29th which is less than a month away. The way to get this tax law repealed in the near future is to get it to pass in the state assembly.
From what I was told there was probably going to be a special session after the November elections for something to do with the housing taxes but seeing how they are going to be called to session in Aug I would have to wonder if they won't handle that vote while they are there. If that is the case January 2009 would be the earliest they would most likely meet again and please feel free to correct any of this post if it's wrong.
* Let your assembly rep know how much this tax is effecting your lively hood along with thousands of other New York affiliates earnings because we are being dropped by merchants.
* Let them know that what they think will be extra taxes for the state in the tune of $50,000,000 will not be 50 million for the fact that merchants are dropping NY affiliates so they won't be collecting taxes for NY.
* Let them know that they will be losing income tax money from affiliates that this law is effecting because our income will be decreasing.
* Ask them how much it is costing them and will continue to cost New York state to fight the lawsuits that are going on right now such as the Amazon lawsuit! Thus cutting into their projected 50 million that they think they will raise in new taxes.
* Ask them how much it is going to cost them when they ask abc merchant who didn't drop New York affiliates for their taxes and they refuse to pay.
* Ask them how much money it is going to cost to keep track of the thousands of merchants that do business online to see if they are paying taxes.
* Tell them about the Boy Scouts (Sorry I missed that part of the meeting so someone else that went to Albany will have to explain it).
I know there are more points to bring up that I am missing so please list them here.
For those of you in the New York City area you really have your work cut out for you. This might sound like flaming towards NYC but my word it isn't meant to be, it's indeed fact.
Every vote that was cast against repealing this in the NYS Senate was from a senator from the NYC area if I did my research right. In other words the vote to repeal the tax passed in the senate with a vote of 44 - 18. All of the 18 senators that voted NAY were from the NYC or surrounding areas of course I may be wrong not being familiar with a couple of the areas.
Kevin has the full vote listed at http://forum.abestweb.com/showthread.php?t=107901 with how all the senators voted. Like I said if your from the NYC area you have your work cut out for you.
Let them know why they should sponsor the bill that needs to pass the Assembly in order to have a chance at being repealed. IMO and it's only an opinion it could only help them politacally by them being able to say helped online shoppers by stopping another tax that NY wanted to impose on the hard working families of NY. By them being able to say that they repealed a bad bill that took money away from hard working NY affiliates. To me which ever assembly member that takes this on has nothing to lose. In other words they need a reason or as my assemblyman told me, he needs a justification for sponsoring the bill.
The bad news is that the special session is being called to find a way to close a 5 billion deficit so the timing definitely isn't on our side IMO.
Feel free to correct any of this post that is wrong and DOOOO contact you assembly rep and try to get them to sponsor the bill that is just sitting around on a table somewhere int the Ways and Means.
One other point is that as we all learned in Albany that there is fix to this on the merchants side to accept NY affiliates back to their programs the real and final answer still is to get this repealed.
Below is a link to Gov Paterson's address to NYS where he mentioned the special session for August 29th and just click my sig to find the contact info for your assembly member.
July 31st, 2008, 10:47 AM #2Tell them about the Boy Scouts (Sorry I missed that part of the meeting so someone else that went to Albany will have to explain it).
In order to get this thing through the Supreme Court eventually, NY realized that it had to prove there were "boots on the ground" doing sales. It's the ONLY way nexus can be presumed without any grey area.
So, the rider that hurts the Boy Scouts and other non-profits is this:
If you, as a person and a New York resident, say in print (except on your website), by word of mouth, or in person, that "my organization will receive a donation/commission if you shop for stuff at Amazon through my organizations website", you have 100% generated the presumption of a tax nexus in New York.
The backdrop is that New York "presumes" that if anyone is being paid a commission, they will make EVERY effort to make sales (they must not know the B2B sales reps I know.) As such, it's PRESUMED that you are doing these offline efforts on behalf of the merchant until you prove otherwise.
It's well known that charities do in fact make every effort to fund raise, making this even more difficult for a merchant to rebut it.
The real shame is that New York and other states have stopped funding these not for profits, and asked them to generate income on their own. Then they turn around in this case and cut them off at the knees.
July 31st, 2008, 11:42 AM #3
Yes Packy, we do need to keep moving! Thanks!
Right now, in my opinion, forget about how the Senate voted. Move on the members of the Ways & Means Committee in the Assembly. They are the ones that will move on the bill and get it back to the Assembly for vote. It passed Senate so now work on assembly. (Remember that even if it passes the Assembly it will then have to get by Paterson.)
Here is the list of the members of the Ways & Means Committee:
Link to committee listing : http://assembly.state.ny.us/comm/?sec=mem&id=41
Ways and Means
Herman D. Farrell, Jr.
Jeffrion L. Aubry
William A. Barclay
Daniel J. Burling
Kevin A. Cahill
Vivian E. Cook
Clifford W. Crouch
RoAnn M. Destito
Ruben Diaz, Jr.
David F. Gantt
Deborah J. Glick
Brian M. Kolb
Ivan C. Lafayette
Joseph R. Lentol
John J. McEneny
Joseph D. Morelle
William L. Parment
N. Nick Perry
J. Gary Pretlow
Fred W. Thiele, Jr.
Helene E. Weinstein
If you go to the above linked page there is a clickable link to each of the Assembly members websites, there you will find contact information. Click & contact them - ALL OF THEM! Use copy and paste, it'll go quick. Doesn't matter where you live, the Committee works for all of us. If your Assemblyperson is on the committee give them extra attention, request a meeting or make a phone call.
After you're done there, move on to contacting the Assembly persons from your area- find them here: http://assembly.state.ny.us/mem/ This is where we concentrate on those from our own areas but you needn't limit yourself. Use either web to contact or call or write. Have family and friends do the same.
If anyone has trouble knowing what to write, just ask and we can get a letter put together quickly.
July 31st, 2008, 02:58 PM #4
I sent an email to Karen who was at the meeting in Albany asking her how to best approach this. She worked as an aide in the State Senate and has first hand knowledge of the procedures.
I thought I recalled her telling me to concentrate on Assembly but I could be wrong. I haven't come to that part in the tapes from the meeting and I'm not even sure it's on there. We might have just been talking outside the meeting. I will definitely post back as soon as I hear.
Thanks again for your work and insight into this Packy. All of us together, we make a great team!
July 31st, 2008, 03:04 PM #5
July 31st, 2008, 09:23 PM #6
Thanks for clearing the Boy Scout and charity part of it up for me. That helped a ton I was having a hard part grasping it and I know it also effects Karen who Mellie mentioned and I'm sure many others.
You are right as to the Senate is pretty much out of it now and the assembly and ways and means members that you posted are the important ones right now. The senate did their job and passed the repeal. The only reason I even brought them into this post was to make a point about how all the Nay votes in the Senate were from the NYC area and that there are quite a few in the assembly also. Lots as a matter of fact. In fairness, There were also several Senators from the NYC area that voted in favor of repealing the law.
You are right that the people, people being us, all of us and like you mentioned who ever we can get be it family and friends need to contact the assembly and better yet members of the ways and means to get them to see our side. I think your dead on Mellie
August 1st, 2008, 12:37 PM #7
I heard back from Karen.
She says to work on the Assembly members from our area as well as those on the Ways and Means committee. We have to use the fact that we are constituents in need. Ask for their help, explain the impact the law has had on us as individuals. If you have friends and family members in NY have them contact their Assembly members and do the same. We have to make the issue real for the politicians. They have to see the impact this has had on thousands of NewYorkers, New Yorkers who are small business owners, tax payers and VOTERS!
I looked a little further into the Senate and their passing of the bill. We are going to use the Senate for information in working to motivate the Assembly. I have a list of those on the Rules committee. Karen is going see if she can help or solicit help from people she knows. I am going to be in contact with my Senator, who voted for the repeal and sits on the Rules committee, to see if he can give me inside scoop. We're hoping that we can get a list of those in the Assembly that can assist us.
Here is a list of those that sat on the Rules committee. If your Senator is listed here let me know so I can give you a couple avenues to persue with them. (If you're not sure who your Senator is check http://www.senate.state.ny.us/senate...ators?OpenForm )
Rule Comm- Connor, Duane, Farley, Hannon, Hassell-Thompson, Johnson O, Krueger, Larkin, LaValle, Libous, Maltese, Montgomery, Padavan, Sabini, Saland, Schneiderman, Serrano, Seward, Skelos, Smith, Stachowski, Trunzo, Volker
August 4th, 2008, 09:39 PM #8
Another heads up. Even though the Governor said he was calling the members back on the 29th in his speech to the state I've read a couple of places now about them meeting on August 19th. I'll try calling one of my reps tomorrow to see if I can find out the date unless someone else knows when the special session is.
August 5th, 2008, 08:19 AM #9
The press release indicates Aug 19
I also came across a very interesting release, the first quarter update, lots of graphs
August 5th, 2008, 09:37 AM #10
Good find Only two weeks to get someone to sponsor the bill and then to try to get it to the floor for a vote when they meet The PDF file with the graphs were interesting.
I wonder if it wouldn't be a bad idea for someone to put a video together at the summit directed toward the NY assembly with the thousands of people in the background, about what the New York tax is doing to affiliates... I think it would get the message across of just how big the business is to those members who don't even have a clue as to what affiliate marketing is?????
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