The first of these decisions, by the unelected bureaucrats of the State Dept. of Taxation and Finance, includes a new registration and fees for businesses to be able to collect sales tax for the state.  You read that right.  The State still requires a sales tax to be assessed at cash registers across the state — money which goes directly to the State coffers — but now, retailers have to pay for the priviledge.  Par for the course, T&F offers not so much an explanation for this monstrosity of authoritarianism, as a “justification:”

Department spokesman Thomas M. Bergin said the department estimates there are 600,000 active businesses. The $50 fee therefore would generate about $30 million for the state.  

“We have never gone through these filers to see who’s here and who’s not,” Mr. Bergin said. “But it also will raise revenue that the state is badly in need of.”

In addition to weeding out defunct businesses, the recertification process could help the department find businesses that owe sales taxes.

In other words, the over-paid bureaucrats at T&F are incapable of actually doing their jobs, so they are charging these businesses in order to be able to make record of retailers they have failed to keep track of.  The Government hacks suck at their jobs and the people who perform a service for them (charging and sending sales taxes) have to foot the bill to cover.  That Jamie Woodward, the acting commissioner of that department, still has a job, is astounding.  Not particularly surprising, but troubling, nonetheless.

I should not have to explain why charging small businesses an additional fifty bucks per quarter (or cycle) is a bad idea in an already troubled economy.  I try to avoid explaining common sense — I also refuse to pepper my blog with warnings not to drink Drano or stare directly into the lens of a 5,000-candle-power projector.  I’m sure, if you stare at the above sentences long enough, you’ll be able to muddle through.  Unless you happen to work for the state.

Alas, the state’s assault on small businesses didn’t start there, and it doesn’t end there.  Not by a long shot.

Another recent development involves everyone’s favorite scapegoat, TOBACCO(!!!!!!!!!!)(cue Snidley Whiplash theme).  As has been pointed out by this blog before, New York State under “governor” Paterson seems to have found itself a cash cow in the less-than-healthy lifestyles of many New Yorkers.  So long as the State is careful only to go after the unpopular minorities of society (like the smokers and the fatties), they figure people won’t mind (or won’t notice) that their freedoms are being eroded.

This time around, though, the State is going after tobacco retailers (and therefore, smokers) in a more roundabout way.  Rather than hitting cigs with another tax, they’re jacking the price of the tobacco license.   A lot.   Where it once cost retailers $100 to get a license to sell tobacco, it will now cost a minimum of $1000.  That’s right.  A 1000% fee increase, at a minimum.  True, my memory can be short, but I can’t think of another fee increase that massive over a single year.

And who’s going to get hurt by this?  Big business?  Not likely.  Big Tobacco?  Probably not.  Small business and the consumer are going to take the hit, again. 

So, good ole Greg & Molly’s out on Route 11, who does a pretty good business in general, but has been suffering in the downturned economy like everyone else, now has to come up with another $1000 a year (or more) and another $50 a cycle.  They can probably deal with it, and maybe even manage to come back out of it a stronger business. 

Folks who haven’t been around as long, who are perhaps still struggling… well, they’re SOL.  Honest folks, in general, who are just trying to make their own way.  But then, it is becoming more and more clear that “making our own way” is exactly what New York State doesn’t want to see happening.  And as they kill off the businesses, finances and dreams of their constituents, the elected officials of New York State will soon find that they haven’t the revenue left to keep operating.  And with no more smokers, fatties, rich folk or small business owners left, who do you suppose they’ll have to shake down next?

Thank you for selling out your constituents, and your countrymen, by supporting the Cap & Trade bill.  A bill which you, like your colleagues, could never have had the time to read before the vote.  A bill which even 44 Democrats crossed the aisle to prevent because even they understood that the mandates contained in the bill would be disastrous for business, for our economy, and for both workers and consumers.

Congressman, this is the second letter I’ve written you inre your failure to read a bad bill, and your willingness to vote for it anyway.

Mr. Congressman, if I get a response, I suspect that response will be, much like the one I got for the above-mentioned letter, a form letter extolling what you view as the virtues of this legislation — or at least, the fact that they included your own amendment.  Kindly allow me to rebut in advance:

So?

Mr. Congressman, if you’ll allow me to be so blunt, neither I, your constituents, nor indeed most thinking Americans, could give two shits whether your amendment prevents acid rain, saves the whales or turns corn starch into dandelion-excreting fuel alternatives.  And why don’t we care?  Because the REST of the bill, Mr. Congressman, presents us with far more pressing problems.  Problems like how we plan on feeding our families, or driving to work.

There’s this thing that should be taken into account, sir, before agreeing to pass legislation.  A thing upon which the lives and livelihoods of your countrymen depend far more than bad science and mandates.  It’s called Economics.  Perhaps, at some point during your career as a Legislator, you’ve heard of it?

As relates to the Cap & Trade bill you so cavalierly signed, it works like this:Producers’ costs go up, as demanded by following the C&T mandates.  That cost is passed on to Consumers.  (Consumers, just so we’re clear here, are your basic taxpayers.  Folks, like those in your state of New York who have less money every year thanks to tax and fee increases).  Consumers have to make choices about what they buy, because they can no longer afford to buy everything they otherwise would.  Thanks to the price increases.  So… producers must find ways to cut costs.  How?  By cutting production.  Which means cutting personnel.  Which means — have you figured it out yet? — unemployment goes up.  And with Cap&Trade, we’re not talking about a percentage point here.  We’re talking about an astronomic increase in good, taxpaying men and women who suddenly don’t have a means of supporting their families.

All thanks to you and seven other turncoat Republicans.

I hope the fact that those of your constituents you sold out don’t have the option of voting you out of office helps you sleep at night. 

Yours, sincerely

Paterson, and certain members of the State Legislature, have not heard the loud calls by their constituents to cut more spending, to stop spending money we don’t have, and then charging the taxpayers for the overage.

This isn’t a Conservative or Liberal thing, a Democrat or Republican thing: this is a common sense thing.  If the money isn’t there, we can’t spend it.  New York — and New Yorkers — are out of money. 

For more information, go to marchonalbany.com. 

More information from Nancy Foster, who organized the St. Lawrence Co. Tea Party Event in March:

As you know, the March on Albany is June 16 from noon to 3 PM.   The legislature will be in session on June 16.  If we are going to have any impact on the direction our legislators are going, we need to show up in large numbers and make a stand together.  We need to let them know that this spending and taxing madness has to stop.  If it does not stop, there will be consequences in 2010.  Please join us; together we can make a difference!!! 

If you are in the St. Lawrence County area and interested in taking a chartered bus to Albany, please e-mail Nancy Foster at nlfoster@twcny.rr.com  The cost to take a chartered bus is $1,876.  The cost per person will depend on how many people we have.  The bus has 56 seats.  If we fill each seat, the cost will be $33.50 round trip per person.  If we only have 30 people, then the cost would be $62.50 per person round trip, etc.  Tentatively, the bus is scheduled to leave from the Lowe’s parking lot in Ogdensburg at 7 am.  We would probably get back to Ogdensburg about 8 PM. 

Please let me know ASAP if you are interested and able to join us as I need to confirm the trip with the bus company this week.

Paterson’s is an administration marked by an amateur draft budget, rookie mistakes giving way to complete about-faces on policy and a tax program that is sending at least some of the wealthiest taxpayers out of the state.

New York’s string of liberal policies has driven businesses out of the state.  Unemployment keeps going up.  The state is trying to come back from a massive budget deficit.  So far the response in Albany has been to cut some spending, often in areas where that spending shouldn’t be cut, and to raise the taxes and fees on an already deeply overtaxed population.

Can this all be reversed?  Can New York State get back onto the road to prosperity?  With the right leadership, I believe we can.

Studies are showing that while high-tax states like California and New York are facing enormous budget deficits, low-tax states are managing to get by very well.  In short, those states which are weathering the current economic storm are doing so by governing exactly the opposite of how Paterson is.  There is a path to prosperity in New York; we simply need a leader with a proven executive track record to take us down it.

I think that leader could well be Rudy Giuliani.  Giuliani’s fiscal discipline, tax cutting and real-world reforms made him a successful — if not always popular — mayor, even before the events of 9-11.

It’s true, Rudy is flawed.  He’s made mistakes.  He’s not as Conservative as many of us would like him to be (But then, this is New York; who is?).  He’s raised some eyebrows with both political and personal decisions.  Of course, those mistakes and decisions happened mostly nine years ago or more, but they exist, and it would be naive to think they won’t be exploited.  But in the meantime, he has also proven himself to have exactly the skill set of which New York now finds itself desperately in need.  The ability to make the necessary cuts to the budget, the ability to make sound decisions on tax policy that will pay for necessary services without overburdening the population.  The strength of will to get it done.

At this stage in the game, this is as close as you’ll get from me to a full-blown endorsement.  I haven’t found a better overall potential candidate, and New York could certainly do a hell of a lot worse.  I join with those at DraftRudy.com in telling the former mayor it is time for somebody to take the reigns of this out-of-control government in Albany.  Join the race, Rudy.  The iron is hot; the time to strike is now.

Along with millions of other Americans we were absolutely appalled that our government representatives voted on the $787 billion dollar American Recovery and Investment Act of 2009 (stimulus bill) without personally reading the legislation in its entirety. We have since learned that it is not uncommon for our elected officials to vote on bills they have not personally read. Instead, they rely on staff recommendations and committee reports. No matter how dire our circumstances seem to be, members of Congress cannot abdicate their responsibility to their staff or committees.

The American public has become increasingly frustrated with a government whose rhetoric does not match its actions. We were promised transparency but have gotten a maze of convoluted trails that seem to be contrived to bar the public from following how, where, and when our tax dollars are being spent.

Not only is legislation rarely open for public scrutiny before it is voted on, it is written in legal language and references volumes of material not provided to the public when they are able to view a bill.

Although President Obama promised he would “…not sign any non-emergency bill without giving the American public an opportunity to review and comment on the White House website for five days” that has not happened. Government is losing the trust of the American people. You can help ebb that trend by authoring and supporting a bill that will guarantee, except in cases of extreme national security emergencies:

1.  The distribution of all legislation to the members of Congress seven days prior to a vote on said legislation.

2. The posting of all legislation, including references, to an internet site accessible to the public at the same time it is distributed to the members of Congress. Such posting shall also include a straightforward summary of the major points of the bill.

3. No last minute additions or changes shall be made to pending legislation without providing members of Congress and the public an additional seven days for review of the proposed additions or changes.

4. Most Americans view the practice of inserting identity free earmarks in the dead of night as unacceptable cowardly acts unworthy of our government representatives. All legislation must mandate author identification of all earmarks.

The American taxpayer needs reassurance that our government representatives are working on their behalf. Authoring and supporting a bill which includes the above components would be a very positive step in regaining an ebbing trust.

Given Obama’s own promises while on the campaign trail, and an out-of-control Congress, this is common sense legislation that every New Yorker — and every American — should not merely request of their representatives, but demand.  It is high time we remind our legislators who they work for.  They don’t work for the President, and they don’t work for the DNC, or George Soros, or Moveon.org.  They work for us.  For Americans.  Americans who are sick of the mountains of waste and debt being laid at the feet of our children.

The concepts contained in this letter are not partisan in nature.  Every Legislative session, whether run by Republicans or Democrats, ought to follow the rules outlined here.   And every voter – whether Republican, Democrat, Green or Libertarian — should expect nothing less from their representatives.

Remember, we’re not asking for anything that wasn’t promised by Candidate Obama before his election.  It’s time to hold our leaders accountable.  Call your represetatives, and demand this legislation.

Senator Gillibrand’s Albany District Office:   (518) 431-0120

Senator Schumer’s Albany Office:  (518) 431-4070,

Congressman McHugh’s Watertown Office:  (315) 782-3150.

But, says Paterson, that is no longer the way of Albany.

“We will now have a pay -as-you-go philosophy in Albany,” said Paterson. “You pass a bill and it costs us money, you also have to show how we’ll pay for it. If not, we cannot do it at this time.”

I would echo the NY Republican leadership here, that Paterson’s new order flies in the face of his own actions:

But Republicans say the governor’s mandate relief announcement is counter to what his budget actually does. They say by passing measures like the Rockefeller Drug Law reforms, which pushes more costs down to counties, and by eliminating programs such as the STAR rebate checks, New Yorkers are hurting now more than ever

But, even if that were not the case, I am not convinced the new Executive Order actually solves any problems.

My wife and I have a policy where we never buy something we don’t have the cash for.  If we can’t afford it today, we don’t get it.  We own debit cards, and not a single credit card between us.  This ensures our policy sticks, in the face of temptation.  We are forced to recognize that buying one thing means not having money available for something else.  In general, not only is this sound financial policy for families, but also for business and, yes, governments.

The problem is, for too long, states like New York have tended to act as though the taxpayer is a limitless source of income.  Need to pay for something?  Put it on the taxpayer.  Paterson addresses a part of this tendency: Albany’s traditional policy of pushing the cost of new mandates onto homeowners.  In and of itself, this seems like a good start.  In reality, it treats a symptom of the greater disease, and with potential side effects that are just as bad as the symptom.  It’s like treating a tension headache with a medicine that causes ulcers.  It neither addresses the tension at the root of the headache nor provides the patient with real relief.  It just shifts the burden.

Putting taxpayers on the hook at a hundred bucks a year for some mandate takes that money from the taxpayer.  Whether it comes through property tax, income tax, or some new usage fee is beside the point.  Unlike the government, the average taxpayer does not have an income source that can give out more when he lives beyond his means.  And, in the case of usage fees, which seem to be Paterson’s modus operandi, what that means is that where such fees are attached, services are used less.  Which means, ultimately, the money will come from somewhere else anyway.

Certain people, who either haven’t bothered to educate themselves about the truth, or are being deliberately obtuse, have painted the Tea Parties of this month as mere “anti-tax” rallies by people who want government services, but don’t want to pay for them.  It may make for a good soundbite, but this clear nonsense obfuscates reality.  What we want is responsible government.  We want government who realizes that we don’t work in order to fund state programs, but to provide for our families and to live our lives.  We want Albany — and Washington — to understand that government is meant to be peripheral, not central, to our daily lives.  And, that said, we want them to start using our money — that’s our money, not theirs — more wisely.

We don’t want empty words from Paterson, finally making the suggestion that Albany behave as though they understand they actually have to pay for the things they put into law.  We want action that shows that Albany understands the citizens of New York simply can’t send all their money to the State Capitol to fund every pet project that comes along.

Personally, I’d like to see an extended moratorium on all new spending.  But I’m not holding my breath.

I’d settle for a State — and national — government that looked for real areas to cut spending.  A lot of spending.  Not these drop-in-the-bucket cuts like those suggested by Obama for Washington and Paterson for Albany, but real examinations of current spending, followed up with real reductions in beaurocracy and spending. 

What we, the taxpayers, would settle for, is a government that stopped talking up fiscal responsibility, and started acting like it was a priority.

Though the proponants of the bill claim money taken through these fees will go to artists, the reality is that very few newer artists actually own the copyrights to their songs.  The biggest group of artists to benefit from these bills will, in fact, be those with enough clout to own their own copyrights — most of whom are already filthy rich.  The main copyright holders in this industry are, in fact, record labels.  And, of those new artists who do own their own copyrights, such a fee would actually be a detriment — if broadcasters have to pay for the “privelidge” of promoting these bands and songs on air, we’re certainly not very likely to waste that time on untried artists. 
So what these bills will actually do is keep money in the hands of the rich, by taking it out of the pockets of radio broadcasters, including small, local and independent stations.  In other words, we would be looking at a situation where large corporations prosper at the expense of small business — by federal law.  And let’s face it, local radio is already in some trouble.  Year after year it becomes harder for independent stations to compete with large corporate entities like Citadel or Radio 1.  Under a free market system, these smaller stations find ways to keep operating.  They make cuts where necessary, they gain favor of local businesses… and those that don’t exactly thrive are at least surviving.  These bills would be inconvenient for corporate radio.  They could very well spell the end for many smaller stations.
But, the arguement goes, don’t these artists and copyright holders deserve to be paid?  After all, the songwriters are being paid by the stations, so why not the other copyright owners?  Well, because, put simply, artists and record companies are being paid because of what the stations do.  They are paid in sales.  Songwriters, many of whom do not enjoy the noteriety of recording artists, don’t get concert receipts, or promotion deals.  They get paid primarily through the airplay and performance of their songs.  Recording artists, on the other hand, get paid for showing up and smiling at the camera.  These “other” copyright holders get paid through merchandise and other things.  All of which is made possible by the songwriters, but are peripheral to specific songs.  And, of course, you have the fact that many artists write their own songs, which means they are already paid for them through the current system.
But back to the value of radio to the industry, for a minute.  As I said above, in a sense, these other copyright holders are indeed paid by radio stations, through free publicity.  It’s true, a radio station benefits financially through playing these songs.  I would argue, artists and record companies benefit even more.  In fact, as a broadcaster, allow me this moment to address the artists and companies pushing for this legislation:

We give you free publicity.  We do interviews with you, and specials about your upcoming releases.  If it wasn’t for radio, nobody would care who you are — and they certainly wouldn’t pay obscene amounts of their hard-earned cash for your concert tickets and CDs.  You would be a random name on a random CD cover (if you were lucky) that might sell a few thousand copies.  You are rich because we play your music.  Playing your music gets the public interested in your CDs, and in your concert tickets.  That gigantic house?  The limos and car collections?  The throngs of screaming fans?  Yeah.  We did that.  You’re welcome.
Now that that’s out of my system, a final thought on the proposed legislation: why is Government even being involved?  This is a symbiotic market relationship.  Now government has to tell us what we have to pay for, who we have to pay, and how much?  Where is that responsibility in the Constitution?  Not only does the government not have the responsibility to make these kinds of decisions regarding the free market, I would argue, they don’t have the right.
So, what can be done?  first, go to noperformancetax.org and learn more about this legislation, and the efforts to stop it.  Call your local legislature to tell them not to destroy local radio by imposing this fee.  And, fellow North Country residents, call or write Rep. John McHugh to thank him personally for co-sponsoring H. Con. Res 49, a Congressional resolution committing them to the opposition of this so-called “Performance Rights Act.”

As I pulled into Canton and started looking for a parking spot, I stopped at a red light that put me just across the road from the protesters facing Main Street.  My window down, one attendee yelled, “Hey, honk if you support us.”  I smiled and honked, and avoided the temptation to grab my own gigantic signs to wave back at them as the a protester yelled, “we’re here for you, too!”

Amen to that.

Once on the line, I handed one of my two signs off to another protester, and was immediately struck by the overall friendliness of the crowd.   Here we were, serious as a heart attack and mad as hell over taxation, runaway spending, and the wholesale bankrupting of generations of our offspring — but it was more like talking politics with old friends over coffee.

As car after car drove by and honked (more than one of our signs invited them to “Honk if you love Capitalism” or “Honk if you hate runaway spending”), it was just not possible to be dejected by the one or two passers by who were clearly against us, or the nearly complete lack of media coverage (to my knowledge, two local radio stations actually covered the event, mine included).   Indeed, though there were fewer of us than at many Tea Party events, we knew that for a place like Canton, NY to get 100-150 people in a crowd in the middle of a work day meant that something important was happening.

Among the protesters, retirees and veterans (each of whom was thanked for his service, and by more than one person), families, working men and women, and even college students.  One group of students surprised me, actually — and provided a lesson I shouldn’t have to be taught: first impressions aren’t everything.  As this group of four or five students began crossing the street, I noticed the flipflops and folded signs, their young ages — and the t-shirt with the permanent-marker legend, “Save the Trees,” — and I thought, well, here we go.  It’s the counter protest.  Then, as they continued walking by, I saw the back of that shirt: “Stop Printing Money.”

Knowing the next generation cares, too, is a good feeling.

Nancy Foster, the local GOP Chair who organized the event, took note of the distances traveled by some supporters in her correspondence with me:

Thank you for coming out today to support the Canton Tea Party.  There were over 150 men, women, and children in attendance from the North County:  Brasher, Canton, Chateaugay, Churubusco, Clifton, Cranberry Lake, DeKalb, Hammond, Herman, Lisbon, Louisville, Madrid, Malone, Massena, Norwood, Ogdensburg, Oswegatchie, Parishville, Pierrepont, Potsdam, and Winthrop (hope I did not skip any).  The signs were amazing and the respect shown for the democratic process was a great lesson for the children in attendance.  I must admit, every time I think about the support we got from passing traffic, I smile. …

Many of those in attendance, including my husband & I, had never before participated in a protest of any type. It is our hope that our state and federal representatives recognize that this national grassroots effort cannot be ignored.

It’s true, for many of us — in protests around the country — this was indeed our first time out.   In truth, the “progressives” of Move On and other organizations seem to have cornered the market on such activities.  It’s an unfortunate but understandable fact of life: Conservatives tend to have jobs, and don’t get government grants to carry signs.

But we came out anyway.  We took our lunch hours, or took days off, and we came out to send this message.  It is not okay to steal from our children, which is exactly what the government is doing with their absurd fiscal policy.  This is government run amok, and it cannot continue.

Yesterday morning, as I was preparing a signs, my son, Trey noted that one of them had a giant letter “T.”  Since he assumes anything with a “T” on it must belong to him, he asked, “Daddy, is that for me?”

And, you know what?  It was.

Listen, people.  Your children aren’t going to bankrupt themselves.  And, frankly, there is only so much the government can do — even the government under Barack Obama.  Sure, the man can perform miracles, but you have got to do your part, too.

Now, in his benevolence, Obama is still trying to help, through increased business taxes, which will of course be passed on to you.  But you’re an important part of this equation.  Pay your taxes — it is, after all the patriotic thing to do.  And, for God’s sake, stop squirrelling away your money.  The President has shown the way to nickel and dime your kids out of prosperity, and it is time we learn from his example.  So drop those remaining dollars on iPods, DVD collections — whatever.

The Obama administration has worked hard to get money into the hands of people who need it least; it is up to you, now, to do your part.

(Cross-posted at RedState)

Now, let’s forget, for the moment, that Obama’s so-called “stimulus” package, um, isn’t.  Let’s forget that you don’t put the nation in debt in order to stimulate economic wellbeing.  Let us pretend, as Obama and the Legislative democrats are doing, that tossing money at states (to the detriment of our childrens’ economic future) is indeed the right move to make.  Even so, shouldn’t discussions about where, and how much money should be spent, have already happened?  Shouldn’t the government, since they’re evidently going to try playing the investment game, have some ideas already in mind before they start shelling out money?

And – since we’re going down the road of what questions the government should have asked and when — shouldn’t the government, perhaps, have asked whether those investments should even be made?  Or, since many Americans gave answers to that question without being asked by government anyway, shouldn’t the government, perhaps, have even pretended to listen?

But they didn’t.  They knew what they wanted to do, and, without regard to consequence or even a moderate view of economic reality, they went ahead and did it.  And now, in standard Democrat Party fashon, they want to have their cake, and eat it too.  They want to be able to pass these tax and spending increases, all the while claiming to not like them.  All the while claiming to be listening to the cries of their constituency.  This, like the AIG bonus tax, is nothing other than Democrats trying to cover their collective ass — and should be taken as nothing else.

Gillibrand’s acknowledgement of “concerns about government spending in the face of mounting budget deficits” sound suspiciously like talking points coming out of most politicians who voted for this thing — and ring just as hollow.

But, says Gillibrand, now that the money’s been spent, it’s time to decide how to use it.

“With a national unemployment rate of five percent and a local unemployment rate at eleven percent, we’ve got a lot of work to do. And so by coming here, I can listen to all our community leaders, our business leaders, our leaders in education and health care and hear directly from them what the problems are and also what their ideas are for the best solutions,” said Gillibrand.

It just seems like a conversation that should have happened a couple months ago, rather than now, after Obama and Company has already sold our future to foreign powers.