What does the law do?

Basically, it’s California’s way of trying to circumvent a federal law regarding collecting sales tax in a state where a business has a physical presence, be it a store front, a warehouse, distribution center, mailbox, what have you. The new law includes affiliate marketers in California as having a physical presence. California law makers would have you believe that it would increase tax revenue at a time when the state is heavily in debt and the base tax rate reverted from 8.25% back to 7.25%.

What will it really do?

The lawmakers either ignored, or failed to realize, the fact that those same affiliate marketers the law relies on are the same ones who pay income tax to the state on the commissions they earn from affiliate marketing – from companies like Amazon.com. The enactment of this law will also require businesses to be able to track the different state, county and city tax rates around the country and charge buyers accordingly.

And…

Additionally, California is forcing tax collection onto companies that are not even in California, as long as they have an affiliate program. Owners, employees and representatives (besides affiliates) of those companies do not get to vote, nor enjoy any benefits of their tax collection. They don’t drive on our roads, they don’t use our emergency services, and they sure as hell didn’t get a say in the matter.

What happened?

Simply put, Amazon.com dropped 25,000 California-based affiliates from their affiliate program in order to continue to avoid collecting sales tax from California residents. Just like what they did in Illinois and Colorado! Some numbers were crunched on CalWatchDog… In 2009 California received $124 million in income taxes from affiliates.

So, instead of the up to $500 million Skinner says might be collected, it might be just $152 million. And notice the key word “static.” That means the estimate assumes Amazon won’t fire its affiliates; and the affiliates won’t be hurt and many of the shut down, or move to more accommodating states.

Let’s do the math: If only $152 million is collected, but $124 million in income taxes are lost (as Runner says), then the net would be just $26 million. That’s less than $1 per Californian.

What does that mean?

California will not be getting any of the sales tax they so desperately wanted from Amazon.com sales. California will no longer be getting income tax revenue from commissions that would have been derived from sales sent to Amazon.com. Companies and individual affiliate marketers will leave California, taking with them their income taxes, sales taxes and any revenue that the state could have generated off of them and/or their businesses.

So, who’s behind this?

It’s not just California lawmakers that are responsible for this, and I’m not going to place the blame on voters. There was a large lobbying effort by big box retailers like Wal-Mart Stores Inc., Target Corp., Best Buy Co. and Barnes & Noble Inc. Note that these stores also have affiliate programs, but because they already have a physical presence in presumably every state, they already have the mechanisms in place to collect sales tax. They’re looking to thin the herd.

How do you really feel?

I fought over this issue a couple years ago and succumbed to the idea that it was just a matter of time. I still have a glimmer of hope that it can be removed/reverted and we can go back to business as normal. Some California lawmakers cannot possibly be so blind as to not see that this is a lose-lose situation. We may eventually get to a point where the federal law is rewritten to address the diversity and complexity of the Internet age. Until then, we all lose out with laws like this.

We asked for change and, while Obama may not have everything to do with it, I feel that the following recent news items wouldn’t have happened if Bush were still in office… (and other good news)

A review of how well the US thwarts spies and malicious hackers has been started by President Barack Obama.

Obama Reviewing Ban On Photos Of Flag-Draped Coffins

Obama orders review of cybersecurity

Obama On Investigating Bush: I’m Looking Forward But “Nobody’s Above The Law”

It was Texas evangelicals that funded the effort to kill the Palin ‘troopergate’ probe

Sen. Leahy proposes truth commission to investigate abuses during Bush administration

Obama doesn’t pre-screen audience for town hall meeting…

Obama’s Unscreened Town Hall Audience Is Clean Break From Bush’s Supporters-Only Public Events

Ann Coulter Under Investigation for Voter Fraud

Angry senator: “We have a bunch of idiots on Wall Street that are kicking sand in the face of the American taxpayer,” “They don’t get it. These people are idiots. You can’t use taxpayer money to pay out 18 billion dollars in bonuses.”

House GOP member to Rush Limbaugh: “Back off”

Google Maps: Cheney’s Veil Lifted From Vice President’s Residence

Obama Acknowledges Non-Believers In Speech

The White House Website: Today Vs. When Bush Took Office

“Freedom to Travel to Cuba Act” was introduced in the House on February 4th, which could end the 46-year ban on travel to Cuba

KBR to Plead Guilty to Massive Cheney-Era Bribery Scheme

Obama Pulls A Major Coup!

Kucinich to hold hearings on wasted bailout money | Kucinich told CNN’s Carol Costello that he plans Congressional hearings to examine waste by banks that have taken federal bailout money.

Obama supports changing the rules to let judges modify first mortgages to prevent home foreclosures.

“Change You Can Download” – Wikileaks Releases 6,780 Congressional Research Services Reports

Court ordered coal utilities to stop spewing mercury into the air. Bush administration allied with companies to appeal to Supreme Court. Obama administration just withdrew from the lawsuit, and asked court to drop it.

Todd Palin Found in Contempt of the Alaska State Senate. Todd, and nine Palin aides are in contempt for failing to show up when ordered by subpoena to testify in the Legislature’s “Troopergate” investigation of Gov. Sarah Palin

On the other hand…

Just so people don’t think I am completely biased, here are some news items that I’m not happy about – some involving choices by the Obama Administration

New Administration Backs Bush Secrecy Policy

Bush faithful rewarded with $3,000 a day jobs

The Obama administration seemed to surprise a panel of federal appeals judges on Monday by pressing ahead with an argument for preserving state secrets originally developed by the Bush administration.

Obama fails his first test on civil liberties and accountability — resoundingly and disgracefully

Obama DOJ to secrecy-case judge: “Obama… had actively reviewed this case and vetted the Bush positions and decisively opted to embrace the same positions.”

Obama breaking his pledge to post bills on the Internet for public discussion a full five days before signing them. This seems like a pretty easy promise to keep. So why isn’t he keeping it?

Republicans continue to warn us that too many social programs will make us like Europe. All 13 nations in Western Europe have higher life expectancy, lower infant mortality, and less violent crime than we do; and all but two have less poverty.

You can blame Pelosi for Democrats’ stumbles

Obama’s Charm Isn’t Working Wonders Abroad

McCain, who wants to throw money at Iraq until the sun burns out, calls stimulus ‘generational theft’

Toward a More Orwelian America! Cities plan to use stimulus to add or expand SWAT teams, give cops bigger guns, add red light and surveillance cameras.

60% of Republicans have a favorable view of Rush Limbaugh. What are they thinking?

Heres the list of what got cut from the stimulus bill. Spoiler: Schools are apparently pork to the GOP

[youtube]http://www.youtube.com/watch?v=Y8ivS4N6Dak[/youtube]

No more feeling as though we are living a real-life version of a suspense movie with an evil mastermind, bald, dressed in black, sitting in a wheelchair, plotting our demise. By the way, did you see Dick Cheney at the Inauguration?

One of the most moving parts of the Inauguration yesterday was the size of the crowd, estimated to be between 1.5 and 4 million people in attendance. Simply amazing. I wish I could have been there, aside from the sub-freezing temperatures!

And, perhaps the second most touching sight of the day was when the Bush clan boarded the Marine 1 helicopter and lifted off, while Barack and Michelle Obama and Joe and Jill Biden looked on. I enjoyed Biden’s flippant salute as if to say, now GTFO!

So, here we are. The day after the big day. The Bush Administration has been escorted off the premisis and the Obamas woke up in their new home. I look forward to seeing what’s next for President Obama, now that he’s in the Oval Office.

]]> http://drivelocity.com/politics/no-44-president-obama/feed/ 8 http://drivelocity.com/politics/today-we-welcome-change/ http://drivelocity.com/politics/today-we-welcome-change/#comments Tue, 20 Jan 2009 16:46:38 +0000 drivelocity http://drivelocity.com/?p=491 Inspiration comes in many forms. There is no question that, today, most of us are inspired by what has happened to our political landscape. Change is long overdue. Change has been coming. Change is here. We hope.

So, what is Bush to do? Check out Top 10 Post Presidency Career Choices for George W. Bush

An important issue for me, in light of recent admissions by Cheney, is that of war crimes and the prosecution thereof. If you search Change.org for questions regarding war crimes, you can find (and vote on) questions such as the ones below.

“Will you appoint a Special Prosecutor – ideally Patrick Fitzgerald – to independently investigate the gravest crimes of the Bush Administration, including torture and warrantless wiretapping?” (21, 287 up votes)

“Will you appoint a Special Prosecutor (ideally Patrick Fitzgerald) to independently investigate the gravest crimes of the Bush Administration, including torture and warrantless wiretapping?” (6,093 up votes)

“Will Obama investigate members of the former administration for potential war crimes, and if evidence is found how will he address it?” (3,697 up votes)

“After WWII the US became a force for bringing war criminals to open trials for their crimes. Now that Cheney has admitted ordering torture are we going to regain our moral leadership by bringing this administration to justice? The world is watching.” (1,288 up votes)

“What is your position on investigating members of the Bush administration, including President Bush and Vice president Cheney, for war crimes? What will you do to re-establish the rule of law?” (806 up votes)

“The Senate has determined that war crimes were committed by members of the Bush administration. When will the rule of law be restored and prosecutions begin?” (661 up votes)

“It’s common knowledge that the Bush administration committed war crimes, with torture and rendition flights. Will you examine the evidence and prosecute the people responsible?” (691 up votes)

“Will President Obama appoint a special prosecutor, hopefully Fitzgerald, to investigate Cheney’s involvement with war crimes and prosecute if Cheney is guilty ?” (607 up votes)

While there may be more important issues that we are currently facing and that will affect us more directly in the new year, thankfully, more people have voted in favor of the questions above. Unfortunately, it may be likely that, unless we apply pressure, those in the Bush Administration who were involved in the war crimes will not be prosecuted. The President-Elect has provided a useful tool to show how important this issue is.

So, how does this issue stack up against other important topics including the economy, national security, education, health care and the environment? Let’s take a look at the leading questions from each section, and the current number of up votes, and compare those to the war crimes questions.

“I’m concerned about the banks who received tax payers money and have had no accountability. Will this be corrected after President elect Obaham is in office?” (17,791 up votes)

“Our current war on drugs is failing America. Billions of dollars are spent on a losing campaign. Our prisons are overflowing with people that don’t deserve to be there. What is the government going to do in an effort to fix this major problem?” (6,680 up votes)

“I know many teachers that are familiar with the “No Child Left Behind Act”. They think while the intention of the act was good it falls FAR short of its’ intended goals. How will you improve or change this act?” (4,419 up votes)

“In all other 1st world countries, there’s a minimal level of universal healthcare for all citizens. What will your adminstration do to provide truly universal, affordable healthcare for all US citizens, regardless of employment status?” (11,007 up votes)

“Will transit and intercity rail projects be a major component of the infrastructure stimulus package, rather than focusing on highway projects?” (6,864 up votes)

“How will the Obama Administration encourage the future generations of Americans to become the worlds leading scientists and engineers?” (3,636 up votes)

The other issues are vastly important to the citizens of the United States and do, also, affect the rest of the world. However, we need to set an example by showing the world that we are not complacent and that our new leaders do have the balls to stand up and do the right thing. Bush, Cheney, et. al. are not above the law.

[youtube]http://www.youtube.com/watch?v=bWpQKCgAEP8[/youtube]

Not only does Vice President Dick Cheney admit that they would have invaded Iraq regardless of Saddam Hussein’s possession of, intention of having, or possibility of creating weapons of mass destruction, Cheney states that he knew about and supported the torture method known as Waterboarding of prisoners of war.

You may be thinking, I already knew Cheney had a hand in this, but for him to actually publicly admit it is something else. There should now be no issue in having him tried and convicted of war crimes. I fear that he may be pardoned in the U.S., but find solace in that he could be tried under international law.

So, what’s the holdup?

To no suprise to most of us, Barack Obama has been named Time’s Person of the Year. Unlike some others *ahem* Bush *ahem* Obama is deserving of this title for the many positive things he has brought to the table and inspired in many of us. At the time of this post well over 70% of those who voted in the poll on Time.com agree. It is a little sad to note that the majority of voters in Alaska and Idaho do not agree. I think it’s a fair assumption that they are greater fans of Sarah Palin, who is close to being at the top of the list.

While I feel Obama is right for this recognition, I’m not sure I can say the same for several of the runners-up, who include Treasury Secretary Henry Paulson who has helped make a cluster fuck out of the economic crisis, Sarah Palin who is responsible for much of the huge partisan divide and made a mockery of her nomination for the Office of the Vice President, Zhang Yimou who was only in the news for a few weeks associated with the Olympics and the computer generated fireworks, Lehman Bros CEO Richard Fuld, Jr. whose multi million dollar homes were bought and paid for by the financial crisis and who deserved the punch in the face, Robert Mugabe who buys his wife expensive shoes while starving his country’s citizens and is responsible for the 80% unemployment rate in Zimbabwe, and, of course, George W. Bush. Has Bush even been around in the past year? I know he’s pretty much phoning it in at this point, but does Time really need to include the current President? I really don’t like the infamous runners-up who have done nothing more than ruin whatever they touch and yet somehow profit off of others’ losses.

At least some of the other runners-up do include such positive influences as Michael Phelps who won a record eight gold medals, Dara Torres who is the Olympic swimmer that is also a 41 year old mother, Craig Venter who is a geneticist that wrote a new organism’s genome from scratch, Stephanie Meyer who is the next author (Twilight) experiencing great popularity after J.K. Rowling, and Tina Fey who brought back SNL from the grave (during the election) for her impersonation of Sarah Palin on top of having her own hit show, a hit movie and a huge book deal.

Check out CNN.com for more on this incident.

President-elect Barack Obama has chosen Steven Chu, a nobel prize winning physicist who runs the Lawrence Berkeley National Labaratory, as his Energy Secretary. Not a politician. Not a lawyer. Not a businessman. A scientist!

Selected to help Chu with the huge task of energy reform is Carol Browner as the “Climate Czar.” Browner was the Administrator of the Environmental Protection Agency during the Clinton Administration.

I can’t wait to see how they take on the oil companies and other special interests. Hopefully Chu will be able to help accomplish Obama’s planned 2.5 million new jobs by 2011. Many of those jobs are purported to be in the fields associated with helping to update the country’s infrastructure, energy efficiency, and implementing more environmentally friendly technologies, including alternative energy sources.