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Monday, July 06, 2009
Bruce Bialosky :: Townhall.com Columnist
Where Will They Stop?
by Bruce Bialosky
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As I sit down on the 4th of July to write this week’s column, I am deeply humbled by what the founding fathers of this country have created for us. Yet every day we are giving away our freedoms by electing people who willingly usurp our rights for what they say is “the common good.” The latest instance is the taking of unused gift cards by state legislatures.

Some of you may be aware that states have previously established the right to confiscate unclaimed bank accounts. There was a rationalization that if the account was unclaimed, somehow it should become the state’s property as opposed to the bank’s property. This included safe deposit boxes, which soon provided a fountain of horror stories. People came forth who had innocently maintained their safe deposit boxes at banks without ever moving their residence. They would find out that states, in their never-ending thirst for funds, had sold their heirloom jewelry or stock certificates.

The state governments have now extended this taking of personal property to gift cards. The explosion in use of gift cards has been a fascinating cultural phenomenon. Annually $65 billion of the cards are sold. Americans have gotten sick of receiving useless gifts for Christmas, birthdays or graduation. Some of us are just lazy about gift giving, so the advent of gift cards has been a panacea. No more do people have to receive mystery gifts or stand in line to return an ugly tie or a third Crockpot. Gift cards are all about personal choice -- a basic American value.

Leave it to our elected officials to put the kibosh on personal freedom. Just because someone gets a gift card does not mean they run to the store to use it the very next day. An estimated $6.8 billion in gift cards per year go unused. However, some of us make sure that doesn’t happen. In my house, when one of my kids gets a gift card, it goes in my nightstand drawer and I drive them crazy until it is used. Often I will buy it from them so I make sure it is used. The last thing we want to happen is for the card to get lost or go unused and lose the value of someone’s generous gift.

Some of these gift cards have expiration dates. At first glance, that would seem to be ridiculous. The retailer has to keep track of these cards in their computer system. It seems reasonable that after a period of time they would be considered lost if unused. The period of time may be up for debate, but a reasonable consumer would not expect the cards to be held open indefinitely.

The question then becomes, what happens to the unused cards? To state legislators, this is seen as their money. After all, they can come up with some contrived rationale for raising fees, taxes or taking property to suit almost any situation. Regardless of the fact that this is a transaction between a retailer and a consumer, the state apparatchiks see this as abandoned property and thus theirs.

Some of you may think this is a left-wing attempt to continue expanding governments intervention into our lives. You need to know that there are plenty of red states that have gotten into this game. Georgia, Utah, Wyoming and Idaho join Washington and Pennsylvania as the worst offenders. These states take 100% of the face value of the unused cards into their bottomless pits. At least some of the other states only take 60% of the face value, crediting the retailers with having costs involved. There are only 9 states, a mix of red and blue ones, who have kept their hands off for now. It is easy to see their elected officials falling into the “me too” argument instead of standing by the principles of personal freedom that built this country. Time will tell in that regard.

Some states are even thinking of extending their taking of personal property to unexpired cards. Texas, which already steals monies into the state fund for expired cards, had a bill pass their House authorizing extension of this horrible law to unexpired cards. That is right – Texas.

The states cover up their stealing of personal property by saying they are actually attempting to return the property to the consumers. Yeah, right. How do you track a card to someone who may have paid cash and then given the card as a gift to then sell it to someone like me? The truth is even if their efforts were real they would barely succeed.

The obvious answer to protect consumers from this abusive extension of government is for them to use the cards in a timely manner. Now that elected officials have extended their rationale for stealing of personal property to gift cards, what will be their next target? New York transferred $691 million this year into its coffers from its residents’ personal property under its various taking laws. Yet, it still had a deficit of $7.4 billion.

On this wonderful weekend where we are celebrating the most historic change in personal freedom for mankind – the Declaration of Independence – this issue may seem like a small infringement. If you believe so, that is a problem. That is why this cancer continues to grow. Where will they go next and when will they stop? That is up to us all.

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About The Author
Bruce Bialosky is the founder of the Republican Jewish Coalition of California and a former Presidential appointee.
Here's to one time...
...where we have the power to MAKE them stop!

The anti-Cap & Trade petition just made it to the number-one slot on iPetitions! Imagine the number of signers!

I think we may have a good chance for a victory here, much like with E-Verify and the Fence...

"GOOOOOOOOOOOOOOOOOALLLLL!!!"

A Republic, if you can keep it....
I can only assume that the American public is either asleep, apathetic or clueless.
Nothing else could explain how we go along like lemmings as our rights are daily usurped, our constitution revised, and controls of almost every aspect of our lives grows exponentially.

banks and
A long time ago I had a small savings account I did nothin with and the bank sent a letter warning they could keep the money if there was no action - Lilly that was a long time before Bush. You really can't blame him for everything. Unlike Obama, he never claimed to be god.

However, before WWII, many of Germany's Jews deposited their money in Swiss banks. Most of them were killed, although usually there would be an heir if anyone knew to look - or cared to look.

Eventually some Jews tried to claim their property but the banks played dumb. It wasn't until a great scandal and finally pressure made the banks quit playing dumb. I don't know if everyone got their property, but the whole affair stank.

It is probably a good idea to have some sort of safeguard on the banks.

There also used to be published lists from the government state, I think, giving not the amount, but listing the owners of unclaimed property. I would think a state would have to do that.

I briefly heard in passing about the takeover bill, but did not know it was Texas. Was there a mention of safeguards at all?

Where will they stop?
Simple.
when this country is under the complete control of the Liberals, Socialists, Statists and Demoncrats have complete control of this country.
Then all these idealogs will begin fighting amonst themselves for power offering entitlement programs to the fools who elect them at outrageious costs to everyone. Tehn we'll become another has-been country that has digressed to just another bannana republic with little values other than money and power.
And we'll have no one else to blame but ourselves with thoughts of self-preservasion and loss of all values both moral and fiscal.
Unless REAL CHANGE is made, we're doomed.

Bernie Made Off would be Proud
The Government has 99 trillion in debt obligations

There are 20 million government workers not paying taxes.

There are 30 million people on welfare.

There are 7-10 million dead beat males that go in and out of prison.

There are 7-10 million government workers that are doing the job the dead beat dads should be doing for free.

So the government needs lots of money to keep this ponzi scam going.

It Never Stops!
Whether the gift card harvest by State Governments is "Much to do about nothing" or not an accepted accounting practice, it is nothing short of Government Confiscation of Private Property with out due process of law. Every one who reads Bruce's piece and who sees this action as going beyond the authority that we the people extend to each of them on our behalf should take immediate action by voicing their contempt to every elected official they can uncover in thier part of their State.

If we don't stand against this type of tyranny, we can only expect more of the same. I am sure the best is yet to come.

Where will they stop?
Exactly where we make them stop.

Even God is satisfied with ten percent of our substance. Government is never satisfied. It doesn't know the meaning of _mine_, _enough_, and _no_. It will take openly, trumpeting the good that it can do with the extra dollar no one misses, and it will take discreetly. It will take honestly and dishonestly. It will take humbly and arrogantly, with permission and without. It will take for good reasons and bad reasons and no reason. It will take everything unless we prevent it.

Much ado about nothing

So, those thingies ... gift cards, you call them ... they are like same as cash, right?

Now, can anybody here, please, pretty please, explain why in the world would you give somebody *almost* cash that comes with strings attached, that requires you to go somewhere in traffic and waste your time only to pay cash for something that is *almost* like cash? What's wrong with giving cash in a nice envelope?

You know what, this Government grab on that money ... just consider it DOUBLE tax on stupidity. First, for buying a gift card in the first place. Second, for allowing Government to confiscate it. Now learn from it so it won't happen the next time.

barb
That flies in the face of accounting rules. Regardless of the intentions, Texas has no business just taking cards, be they expired or from a bankrupt company. Gift cards are low level unsecured liabilities and like any other liability, they get put in line when the company goes bankrupt and if there's anything left after liquidation, the card holder can get something from it.

Same goes with expired cards. Gift cards constitute a private contract. I buy a future dated sale today and the terms state I must use the funds in X timeframe and if those funds are not used, the card costs are rolled into assets as a gain on the forgiveness of debt. What authority does Texas have to butt in on private contracts and dictate terms? It has none.

Furthermore, none of that money goes back to the regular folk. The legititmate owner, the one that bought it, is the only one that truly has any "rights" to that value, assuming they didn't contract otherwise to return the value back to the issuer. Those who may otherwise get it haven't earned it in any way and most who do tend to be connected individuals. The entire thing smacks of illigitimacy.

Texas does a lot of things right, low taxes, no personal income taxes, low spending levels, the willingness to cut spending when tax revneus drop, but things like taking gift card money needs to be nipped in the bud before it expands to other things.

States do not have any rights to unclaimed property, no matter how many laws they decide to pass on the matter.

Have Some Sense
About five years ago, when we had a Republican president, I got a call from a bank where I had a money market account that I wasn't going in and out of---I had just deposited some money and left it there. The call was to inform me that if there was no action on my account in (some period of time, I think they said two years), the bank would confiscate my money. So after that I made a point of depositing a few bucks once in a while in that account so it wouldn't be "dead". I assumed this was a bank rule. It did not occur to me to blame the bank's policy on President Bush even though I loathed him.

As for the unused credit cards that fizzle, here's a novel idea: pay attention to the information printed on the cards and redeem them on time. Why is it the fault of amazon.com or Wal-Mart or Obama or whoever if you forget to use the card? There's such a thing as personal responsibility (which I thought was supposed to be a Conservative specialty).

JD's Handsome Son
"Standing idly by, reciting the constitution, talking about our founding fathers, calling talk radio, and otherwise shaking our fists at the sky are wastes of time."

You are right. This is why I have stated before that conservatives need to lose their aversion to violence because, eventually, this is all going to blow.

Our leaders are ignoring the Constitution and taking what they want because no one fights back. As long as we don't fight back, they continue to take, and take and take.

If we mounted any REAL resistance, and I don't mean Tea Parties, they would call out the military and you would see what the governors of the "Free World" are all about. We would be lying in the streets the same as those in Iran, and our leaders would be telling everyone not to join in with the "radical extremists".

When we have all had enough and people are willing to do what they must, then we might see a change, but until then, there will be no stopping them.

where will they stop?
okay, here's the scoop on all this. the state of texas takes the money from expired gift cards, gives it to the state comptroller who then puts it into a seperate fund to hold for texas residents. they probably invest it in overnight funds through the federal reserve and get interest on it, but the money is NEVER part of our general accounting funds to be used to cover anything in our budget.

this was done in order to thwart companies' trying to take back money that doesn't belong to them. in other words, it was a way around the expiration date on the card. it was a good thing. the bill, hr1007, that did NOT pass in the state senate this session that would have allowed them to collect funds from unexpired cards was to do the same thing. if a business went bankrupt, they wouldn't be able to keep the funds from unexpired cards that were held for at least 3 years. because of the way the bill was written, the senate failed to pass it.

the article says the house passed it, but it failed to say it didn't pass in the senate. it was misleading. it also failed to explain that it was done to protect consumers not to screw them.

THE LOVE OF MONEY IS THE ROOT
Every morning I wake up thinking, what will be on the news today? (It's all just a nightmare, right?) But no, more to come... Creatively sniffing out every possible source, the apparatchiks will stop at NOTHING! Power grabbers, lovers of money...mine, mine, mine! Virtuous Servants of the People, my a**!!! It is rape, it is looting, it is OUT OF CONTROL INSANITY! No, it's not just a sickness, it's evil. Blinders on, they have one Obsession, bring the most prosperous, generous, powerful nation down in the process? - no big deal.

Neal
"What is the answer?...That whenever any Form of Government becomes destructive, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

What's with you inbreeds and not Knowing When to Capitalize Something? ((*Gotta Put First Things First*))!!!

And yes Neal, the ((*Answer*)) to Obama Administration is to "alter or abolish it." What right-thinking hick could think otherwise?

IN AMERICA, JULY 4, 2009


The analogies are endless…

Yes, the analogies are endless and I love them because they are true reflections of the virtues of what is GOOD and the non-virtues of what is BAD. In politics, as in sports the GOOD and BAD come into clear focus in the extremes. Yet, in politics the playing field is manipulated from outside by those with a self-serving desire for influence and power that has corrupted our institutions to the point of no return; unless WE THE PEOPLE make sure that the playing field is not manipulated.

The question is…How do we accomplish this? (1) Your VOTE…does count…yet your vote is easily manipulated by those with the self-serving desire for influence and power. (2) Your right to petition governments at all levels…yet this right has been severely restricted by those same self-serving individuals and groups.

What is the answer?...That whenever any Form of Government becomes destructive, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

http://incongress.blogtownhall.com/


GOP's Secret Weapon
Read one of the best blogs on the internet for your true stimulation. This black conservative tells it like it is! He is FUNNY and spot on!

http://theblacksphere.net/site/the-blog/ You will be HOOKED! And get his book!!

Leave it to our elected officials . . .
" . . . to put the kibosh on personal freedom."

That's exactly the problem: We've "left it to" elected officials, rather than standing for and demanding our freedoms be protected.

We've allowed our nations to become complacent, illiterate and ignorant.

The charade now of representative government, dominated by Obama and his fellow ideologues, won't stop until those who do not support this usurpation rise and stop them.

The fascists apparently do not understand anything short of in-their-face, perhaps physical, rejection of them and their politics.

If America continues to surrender from its seated position on its hindquarters, then we deserve what we'll get--regardless of whether we voted for Obama and the current majority.

Or even those Republicans and/or conservatives who appear to be in-name-only.

yuh know what Bruce
Since you expect me to just fall in line and believe you, because you didn't offer any links to actual examples of this confiscation law, I spent time looking.

http://www.ejmcpa.com/custom11.html

I agree with you, but I'm wondering how this jives with current laws that protect the consumer?

http://www.consumersunion.org/pub/core_financial_services/0 03889.html

You've left a lot of dead-air in your article. It's a shame.

Statist ....
As Levin says these are statists. I have just begun to fight them. Please learn about who they are & what they are ding - or trying to do! Come join those of us who want to save our Great country! This is a war for our Republic. And the statist have no rules except win by whatever means necessary; lies, tricks, misinformation, out-right theft, etc.. I fear we must fight fire with fire to win our country back!

Another Crack In Our American Foundation
Alright,Already! I have watched,listened,and read between the lines...30+ years ago,as a
young teen in "revolutionizing" California...
I could feel, and paid attention to all information,good, bad & indifferent! I knew the
America,built on the individual strengths of a people who may/may not had much materially, even less in the limited education area; but whom were wealthy with foresight to give America her foundation of respectful,productive & all inclusive documents for the simple purpose of offering sets of everyday guidelines.Believing a 'Civilized" New World must have an American Standard of Responsibility, to his Family,His Neighbor, His Community,His expanded
Representation of Himself! His County,State and
Finally His Nation's President!Because no matter his origins,His voice,his very integrity was to be always heard thru Representation! Oh how our
Constitution,Bill of Rights, Etc...have been manipulated,re-constructed,and just downright,blatantly dissected and rewritten over with a multitude of self-serving laws! So, yes!
I must admit,as "Our" government,takes our rights as individuals away daily,it only sadly stands to reason,they feel its their Due to seek out and take whatever,whenever they want! My Heart is torn,pained... feels as tho with each new Atrocity it hears,our grand history has been sealed,and the "future" of indoctrined,self-serving,"We need another Program", let the Government be responsible for everything in life...Society; has,unfortunately,allowed for our New Societies of the Future. I fear more each day, They bring about a world that appears everyday to shadow, G.O.Wells,or was it H.G.Wells,..."1984"Fiction, allowing,for the New World Standard Of Life...and not one shot shall be heard!...And, our Great Nation of Individaul's Hopes,Dreams,Passionate Convictions and Ideals...will not even be mentioned in the "History Archives." Unless...

It's only FREEDOM...Big Deal!
If you want to get inside the head of liberals, read this black conservative's blog! He roasts them daily! http://www.theblacksphere.net You will be HOOKED! This blog is HYSTERICAL and spot on!

An open door
Look at the various state constitutions and the U.S. one. Are there taxation limitations? NO! Some states have some partial road blocks. But legislatures are nothing if not inventive when it comes to schemes like the one written about here.
The founders, having relied upon natural restraint, so they believed, so we've been told, that in effect left the door wide open to confiscatory taxation. Believing as they did that an election to throw the bums out would bring in a new crop of representatives that would make confiscatory schemes null and void.
It isn't working. It has never worked except to the extent that the confiscation operates on a wratcheting principle, so it seems.
I keep hounding on the point that we are going to have to make a choice, the options, both of which are very dangerous are nevertheless inevitable if we are to remain free in any sense of the word. We either undertake the uncertainties and dangers of a convention or we're going to wind up shooting.

They Have Rights To It
Where will they stop? No where. There's nothing, and no one, stopping them.

Why should they? They have every right to all that we own and they should take it all if no one's going to stop them.

Standing idly by, reciting the constitution, talking about our founding fathers, calling talk radio, and otherwise shaking our fists at the sky are wastes of time. Who cares if we're mad? We still reelect them regardless of how they mistreat us.

You judge people by their actions, not their words. If the people are to disinteresed in their property and their freedoms so that they allow them to be taken, then they have no right to them.

Nature's rules are that the strongest species survive because they have, and use, the power to conquer and take from the weaker species. This is proper and is to ensure that the weaker creatures die off so as not to waste valuable resources.

Conservatives sit on their fat rear ends, too lazy to fight for themselves, and so they must be rendered extinct. If they really cared about the world they would peacefully turn over all their stuff to ACORN right now so that our politicians wouldn't have to spend so much of their time trying to find clever ways to cheat us out of it.

After they've given up all their stuff, law-abiding conservatives should put on Nike shoes, warm-up suits, and go off to some resort and drink coolaid like those Heaven's Gate cult members did 10 years ago so they could ride the comet. At least they went out peacefully.

In defense of gift cards
For years we exchanged gifts with our little family. My wife was the shopper, (I went along to carry the packages) Now I am 72 and she is 70. Last year due to ill health and a trip to the hospital for her, we could not go and shop for gifts, so----- we gave gift cards. I felt guilty at having to give what I considered a non personal gift, but then there were few althernatives.
Our children are mature enough to understand, but that still doesn't solve a conscience problem.
Gift cards are not all bad, but they do rob you of the glint of happiness seen in the eyes of the receiver when they are surprised at your giving them something that made their day.

None dare call it communism
This, like inheritance taxes, reveal the true mindset of our politicians: there is no such thing as private property; everything belongs to the state. They and only they will decide how much of whatever you used to think belonged to you they will allow you to have. Under Obama this is getting drastically worse. Is this the America you thought you knew?

Read the Federalist Papers.

If you read the Federalist papers you see our founding fathers were very concerned about an over-reaching Federal Government.

They put safeguards in place to protect us.

The only way to overide the safeguards is to change the constitution by a 2/3rd vote.

Liberals have found this hurdle too steep so have chosen to just redefine the words of the Consitution to mean whatever they need it to mean to accomplish a particualar outcome.

The original intent of the Federal Courts was to protect the States from an over-reaching Federal Government.

Today we see the Federal Courts being used to impose the Federal Rule on the States.

Throw A Gray Wig On My Blonde Hair

I am a fiscally-conservative CONSTITUTIONALIST without party affiliation.

Also, I am a laissez-faire Capitalist Pig, which would make me a member of the original "Party of NO"!

Take Nagin, but keep Jindal here.

Yes, it is strange that a "Frenchie" has blonde hair, but so does my mother. Ain't nothing artificial about it.
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