Monday, January 28, 2019

Lex Anteinternet: The National Retail Fairness Act advances. Picking up opposition.

I guess I shouldn't be too surprised.

We ran this item last week:
Lex Anteinternet: The National Retail Fairness Act advances.: The Tribune attempted to report on a bill gaining traction in the Legislature this morning that's quite interesting. I say attempted, ...
At that time, the bill was advancing rapidly, suggesting that the movers in the legislature liked the bill and wanted to get it passed.

Well, not everyone does, this bill in the form of an editorial from one Joe Rinzel.

Now that in and of itself is significant.   Rinzel isn't your next door neighbor.  He's head of a national organization entitled Americans for a Modern Economy and associated with another called Employers for Renewable Energy).  Americans for a Modern Economy states, about itself,

Our Mission

Americans for a Modern Economy is committed to ensuring that local, state and federal policies reflect changing technologies that are reshaping the way consumers, businesses and communities operate in the 21st century economy.
We work with consumer advocates, businesses, think tanks, economic experts and others to raise awareness and inform discussions about the current and future policy challenges of new technology. We serve as a resource for lawmakers to help them develop modern policy solutions that benefit all Americans by expanding consumer freedom, allowing businesses to best serve their customers and preserving free market competition.
Now, I've never heard about it before, but let's start right there with the claim that it wishes to preserve "free market competition".  In order to preserve it, it'd be necessary to have it.  But because of the structure of  the American Capitalist economic system, we don't have one.  We have a mixed state supported one, as corporations are by their very nature corporate entities that have been created by state action.

Now, don't get me wrong, I'm not advocating for Socialism (not by a long shot), but I 'm advocating for truth and knowledge, and the often claimed American belief that we have a "free market system" isn't wholly correct but only partially so.  As corporations are natural creatures roaming the economic prairie in a state of nature, but a partnership converted into a "person" at law by operation of the state, they're a state supported entity.

Indeed, at least in law schools, or at least in the musty dawn of time when I went to law school, the creation of corporations was regarded as an act of legal genius by economies then converting from mercantilism to large scale global capitalism.  We like to think, of course, of the global economy coming into existence last Thursday or something, but that's very far from true.  Really old corporations, like The Hudson's Bay Company, came into existence long, long ago with gobal competition in mind. 

And incorporating your small business, or creating a limited liability company, is for most business entities a really, really good idea.  

But let's not be naive either.  The development of corporations has created a system in which corporations have the advantage over individuals (the real kind, i.e., people) and over partnerships, as they shield what would have been partners from individual liability, save for their own. That wouldn't have been the only way to go about that in terms of legal development (but it probably is the best way it could have developed for societal reasons), but its a fact.  And that aids economy of scale.  I.e., it promotes businesses getting big at the disadvantage of the small.

Again, I'm not saying which is good or bad, but what this does mean is that in some sectors of the economy, such as retail, large corporations have an enormous advantage over the small.  Call it the Walmart effect if you will, but this is why, over time, Big Box stores have eliminated lots of local business.  And most people feel that's bad.  As its done that, it's also converted the retail sector from one where individual shopkeepers could make middle class livings from their families into one in which those same families are likely struggling to stay afloat economically or have simply given up and been driven into other occupations.

It also means, as the proponents of this bill know, that these big corporations don't contribute as much economically, in some ways, to their local communities. And, moreover, as they're national, and not local, they've already featured the cost of taxation into the prices of what they offer on the shelf.  In other words, Walmart isn't going to retab anything anywhere if Wyoming starts taxing its income.  It's already built the cost of taxation into the shelf price.

Well, Rinzell warns otherwise, starting off his alarming piece with:
While Wyoming has a storied history as a leader in ranching and agriculture, it is now working to become a pioneer in robotics, artificial intelligence and machine learning that will propel the state’s economy into the 21st century and benefit consumers and businesses alike. But a bill rushed through the state House threatens to undermine the state’s status as an innovation hub and could rein in the next generation of Wyoming’s economic growth.
Hmmm, why would that be true, we might ask.  If a Wyoming corporation is going national, would it actually be the case that the small amount of whatever it sells in the least populous state in the union is going to impact its bottom line, if its taxed?  Particularly if its going to be taxed elsewhere?

We might take a page from the coal severance tax that funded Wyoming's education for decades.  This exact same argument was made about it.  Pass the tax, and the mines will not develop, and it'll be a disaster.

It wasn't.

House Bill 220 seeks to replace some of that severance money that the collapse of coal has brought about. The money would go to education.  The small amount of tax added isn't going to effect the bottom line of any corporation that pays it. They've already figured that into the bottom line.  Basically, Wyoming would just be giving money away by not passing the bill.

Which doesn't mean that drawing the opposition of this national group isn't remarkable.  It is.  But it's remarkable for that reason.  The bill, which won't impact any national corporation of the type its aimed at, is so adverse, apparently, to the goals of a group that bills itself as for a "modern economy" that it actually has addressed it in a local paper, and when doing so  it was clear that the author had done some research about the state he's not from and doesn't live in.

Which gets us back, I suppose, to the question that Wendell Berry asked so long ago.  "What are people for?"  There's pretty good evidence that the economy needs some tweaking for most people at this point of some sort.  Perhaps not radically so, but perhaps so.  Just barrelling along in the direction we're heading, modern or not, should at least cause some reflection.

Some Gave All: French War Memorial, Reconnaissante France.

Some Gave All: French War Memorial, Reconnaissante France.:

Saturday, January 26, 2019



French War Memorial, Reconnaissante France.



French war memorial in  Reconnaissante France.  Like many of these memorials, this one had the names of the World War Two war dead added following the Second World War.





MKTH photographs.

Mark ups at the State Liquor Warehouse.

Regulating booze profit mark up at the State Liquor Warehouse?

Why?

Has this been a problem?

If it is, it's likely due to the costs of operating Wyoming's very odd system of liquor regulation and it might just be a better idea to completely overhaul it.


2019
STATE OF WYOMING
19LSO-0440



HOUSE BILL NO. HB0162


Alcoholic liquors markup amount.

Sponsored by: Representative(s) Connolly, Eyre, Furphy, Paxton and Zwonitzer and Senator(s) Rothfuss


A BILL

for

AN ACT relating to alcoholic liquors; increasing the maximum profit to the state from alcoholic liquor sales from the Wyoming liquor division; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 122303(a) is amended to read:

122303.  Purchase and sale of alcoholic liquors; shortages.

(a)  The Wyoming liquor division shall purchase and sell alcoholic liquors to qualified licensees within the state including, at the discretion of the division, any retail distributors or permittees operating within any military post or national park located within the boundaries of the state of Wyoming.  Except as provided in subsection (c) of this section, sales shall be made at prices sufficient to return the cost of merchandise and all expenses of operation together with a profit, not to exceed seventeen and sixtenths percent (17.6%) twenty and sixtenths percent (20.6%) above the cost of the merchandise.

Section 2.  This act is effective July 1, 2019.


1
HB0162

You're never as good as everyone tells you when you win, and you're never as bad as they say when you lose.

You're never as good as everyone tells you when you win, and you're never as bad as they say when you lose.

Lou Holtz, 1937-, American football coach

Sunday, January 27, 2019

The Blessed Fruits of Secularism

Yep.

Homeless children in hospital emergency department up 29%


Wouldn't have happened in a poorer. . . and less secular Ireland.

The price we pay to be rich, modern, hip and cool.

Lex Anteinternet: The Year in Review | Catholic Answers (Mid Week At Work) And also the Orthodox Schism

Easter (Greek) Orthodox Church in Cheyenne, Wyoming.  This new Greek Orthodox Church's sign simply indicates its "Orthodox Christian", but now there's a schism in the Eastern Orthodox world.

I linked this in earlier here on this blog:
Lex Anteinternet: The Year in Review | Catholic Answers (Mid Week At...: The Year in Review | Catholic Answers Really fascinating economic discussion starting at 20:00. I've been posting some topics on Dis...
I did that due to the interesting discussion on Distributist economic principles, but there's a discussion starting at about 10:00 on the schism that's developed in Eastern Orthodox world this past year that's quite interesting.

Russian Orthodox Cathedral in Denver.

It's been hard to get news on that topic, and this approaches it in a fashion I had not heard before with information I had not previously heard.

Ukrainian Catholic (not Orthodox) Church in Belfield North Dakota.  This church wouldn't be par tof that schism, of course, but it does reflect the schism of 1054 when the Apostolic Churches experienced the Great Schism which remains yet to be fully healed.

Blog Mirror: With the British Army in Flanders: The Dead Donkeys; The Myth of the ‘Château Generals’

The Dead Donkeys: The Myth of the ‘Château Generals’ Part One – 1914






A Bill update.

So, what's passed and what's dead in the Legislature?

Well, that'd be a long list, so we're only going to do a select few that we've mentioned or should have mentioned, but the list is interesting, hopefully.


HB 14, which supposedly set Wyoming on Daylight Saving Time year around has passed its second reading.

Except it doesn't do that actually.

The Bill is set out below, but what it actually does is put us on Central time year around, apparently.  The bill is set out below.  That'd basically be the same, of course, as being on daylight savings time year around.

But wait. . . three neighboring states would have to do the same thing or nothing becomes of it.  So. . . unless half our neighboring states take the same action. . . .

The National Guard Museum, a former armory, in Cheyenne.

HB 39, has been introduced, which proposes to convert the National Guard Museum in Cheyenne to a state facility. That would be a good move.


HB 60, the Underage Marriage bill, which we discussed here earlier, failed.  I'm not surprised, I didn't think it would pass.

Oddly, coincident with this bill, underage marriages have become a big topic.  The New York Times ran an expose on the topic and it came up in Congress within the last couple of weeks.  The reason is that certain North African and Central Asian cultures practice it frequently, in the context of adult men marrying very young teenage girls, and they've been importing the same into the US with the US approving of it.

Why this is a surprise is beyond me, but its probably because in our heart of hearts we like to believe that everyone is "just like us". That's not so at all.  Women having equal rights is unique to Christian cultures and those heavily influenced by them.  In our own culture, as we've already addressed here, it was Christianity that wiped out child marriages and boosted the marriage age.  There's a certain "d'oh" element to this just being figured out.


HB 76, the Wyoming Beer Freedom Act, bit the dust.   There will be no free beer.

Um, actually, that act, which is below, amended the existing liquor laws to allow for 24 hour malt beverage permits to microbreweries.  I.e, they could get a permit to sell off premises for a 24 hour period.

I don't know why this failed.  It was a good idea.

keep-it-public-files_main-graphic

HB 99, which would established a Wyoming Public Lands Day, passed its second reading.  That day, which is really being followed by the outdoor community, would make the fourth Saturday of September that day. I'm hoping it passes.


HB122, a bill that would have authorized common citizens to sue the state for declaratory judgment on statutes, failed.

I had a mixed view on this, but I'm not surprised that this bill, which is one of the various ones backed by the very, very, conservative in the State House, failed.



SF65, which would have provided for open primaries (non partisan), failed.

I knew this would fail and earlier predicted that, but its too bad.  This would have been a good, democratic, reform.



2019
STATE OF WYOMING
19LSO-0152



HOUSE BILL NO. HB0014


Mountain daylight time.

Sponsored by: Representative(s) Laursen, Blackburn, Lindholm, Olsen and Sommers and Senator(s) Case, Driskill, Gierau and Von Flatern


A BILL

for

AN ACT relating to legal time; requiring an application for the state to transfer time zones as specified; establishing a new uniform state time; making legislative findings; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

(a)  The legislature finds that:

(i)  The federal Standard Time Act of 1918, P.L. 65-106, 40 Stat. 450, established standard time zones for the United States bounded by designated meridian lines, including the zone designated as United States standard mountain time in which the state of Wyoming is placed, and the standard time zone designations have since become geographic names of regional identity;

(ii)  The federal Uniform Time Act of 1966, 15 U.S.C. 260 et seq., was enacted by Congress to promote the adoption and observance of uniform time within the standard time zones of the United States. It established an annual advancement from standard time in March of each year, commonly called "daylight saving time," and annual return to standard time approximately eight (8) months later;

(iii)  The federal Uniform Time Act of 1966 authorizes a state that is entirely situated within one (1) time zone, as the state of Wyoming is, to exempt itself from the change to daylight saving time as long as it does so uniformly as an entire state;

(iv)  The residents and businesses of the state of Wyoming have become more habituated to the eight (8) months of daylight saving time per year than the four (4) months of standard time per year; and

(v)  The biannual change of time between mountain standard time and mountain daylight time is disruptive to commerce and to the daily schedules of the residents of the state of Wyoming.

Section 2.

(a)  Upon the enactment of law similar to this act that authorizes an application for the same time zone change in at least three (3) states contiguous to Wyoming, the governor shall apply to the United States secretary of transportation for the state of Wyoming to be transferred to the zone designated as United States standard central time by the federal Standard Time Act of 1918.

(b)  Upon approval of a transfer to the zone designated as United States standard central time by the United States secretary of transportation, the uniform time within the state of Wyoming shall be coordinated universal time offset by six (6) hours throughout the year.

(c)  Upon approval of a transfer to the zone designated as United States standard central time by the United States secretary of transportation, the uniform time within the state of Wyoming shall be known as mountain daylight saving time unless the contiguous states applying for a time zone change uniformly select another name for the uniform time.

Section 3. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.



2019
STATE OF WYOMING
19LSO-0015
ENGROSSED



HOUSE BILL NO. HB0039


National guard museum.

Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee


A BILL

for

AN ACT relating to defense forces and affairs; designating the historic Wyoming national guard armory as a museum; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 1914112 is created to read:

1914112.  Description and declaration of Wyoming national guard museum.

The lands in Laramie county, Wyoming, described as follows are hereby declared to be the Wyoming national guard museum to be managed by the military department: All of Block 8, Replat of Airport Addition to the City of Cheyenne, Wyoming, as shown by the Replat of said Airport Addition on file and of record in the office of the County Clerk and Ex-Officio Register of Deeds, in and for said Laramie County, said replat being filed on October 1, 1935, as No. 287212; LESS the Southerly ten (10) feet of said Block 8, Replat of Airport Addition quitclaimed to the City of Cheyenne by the Wyoming Army National Guard, as filed June 15, 1995, in Book 1400, Page 461, in the records of said Clerk of Laramie County, Wyoming.

Section 2.  This act is effective July 1, 2019.


2019
STATE OF WYOMING
19LSO-0466



HOUSE BILL NO. HB0076


Wyoming Beer Freedom Act.

Sponsored by: Representative(s) Pelkey, Barlow, Blake, Lindholm and Pownall and Senator(s) Rothfuss


A BILL

for

AN ACT relating to alcoholic beverages; authorizing appropriate licensing authorities to issue twenty-four hour malt beverage permits to microbreweries; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 124103(a)(vi) and (b) and 124412(b)(iii)(E), (F) and by creating a new subparagraph (G) are amended to read:

124103.  Restrictions upon license or permit applicants and holders; license limitation per person.

(a)  A license or permit authorized by this title shall not be held by, issued or transferred to:

(vi)  A manufacturer of alcoholic beverages or wholesaler of malt beverages, except for twentyfour (24) hour malt beverage permits issued to a microbrewery pursuant to W.S. 124502;

(b)  Except as provided in W.S. 124301(e) and 124412(b)(iii)(G), no licensing authority shall issue more than one (1) license or permit to any one (1) person.

124412.  Microbrewery and winery permits; authorized; conditions; dual permits and licenses; satellite winery permits; direct shipment of wine; fees.

(b)  The local licensing authority:

(iii)  May approve the dual holding of a microbrewery permit or winery permit and one (1) of the following:

(E)  A winery permit as provided under paragraph (a)(ii) of this section; or

(F)  Subject to subsection (e) of this section, a bar and grill liquor license as provided in W.S. 124413;. or

(G)  A twentyfour (24) hour malt beverage permit issued to a microbrewery pursuant to W.S. 124502.

Section 2.  This act is effective July 1, 2019.



2019
STATE OF WYOMING
19LSO-0023



HOUSE BILL NO. HB0099


Wyoming public lands day.

Sponsored by: Representative(s) Schwartz, Brown, Roscoe, Sommers and Stith and Senator(s) Coe, Dockstader, Gierau and Nethercott


A BILL

for

AN ACT relating to state holidays and observances; providing for a public lands day; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 84113 is created to read:

84113.  Public lands day.

(a)  In tribute to the importance of public lands in the state and in recognition of the value of public lands to the state's economy, open spaces, wildlife and recreational opportunities, the fourth Saturday in September of each year is designated as "public lands day" and appropriate observance may be held by the public and in all public schools of the state.

(b)  The governor, not later than September 1 of each year, shall issue a proclamation requesting the proper observance of "Public Lands Day."

(c)  This section shall not affect commercial paper, the making or execution of written agreements or judicial proceedings, or authorize public schools, business or state and local government offices to close.

Section 2.  This act is effective July 1, 2019.