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License and Registration United States
By Kenneth C. Greene, Attorney
Segment 8

Oklahoma, Oregon, Pennsylvania, Rhode Island and South Carolina

 (A State-by-State Analysis of License Requirements for Lenders and Brokers

Previous states covered Alabama through Ohio (1)

36. OKLAHOMA: No license is required for persons or companies making or brokering commercial loans. Beginning on August 1, 2020, no person shall engage in the business of making small loans (as defined in this act cited below), unless the person is licensed by the Department of Consumer Credit as provided by this act. A person shall be deemed to be engaged in the business of making small loans in this state if the person regularly makes loans for a fee or induces a consumer, while located in this state, to enter into a small loan in this state through the use of facsimile, telephone, Internet or other means. A separate license shall be required for each location from which the business of making small loans is conducted. Oklahoma Statute: Title 59 O.S. §3150.2 (A)(2019)Oklahoma has some fairly stringent protective rules and regulations for its resident consumers, even those who do business with out-of-state lenders but, since most, if not all, of you are primarily focused on commercial borrowers, I will not go into those laws here. If anyone is further interested in the consumer side of things, here is the relevant statute.

Oklahoma Consumer Credit Code (1969)
https://www.oscn.net/applications/oscn/index.asp?level=1&ftdb=STOKSTA4#Part1-ShortTitleandOtherGeneralProvisons

37. OREGON: No consumer finance license is required for business loans, commercial loans, purchase money loans, or retail installment sales contracts. Any person who makes a loan to an Oregon consumer which is for $50,000 or less, with a term of more than 60 days and at an interest rate greater than 12%, is required to have a consumer finance license. Anyone who acts as an agent, broker or facilitator in which, for a fee or consideration from a person that makes a consumer finance loan to an Oregon consumer, is also required to have a consumer finance license. No license is required for business purpose loans, commercial loans, purchase money loan or retail installment sales contracts.

38. PENNSYLVANIA: No license required of commercial lenders and brokers. Mortgage lenders and brokers and consumer loan brokers do need to be licensed. Consumer lenders and brokers shall be registered with the Department of Banking pursuant to regulations promulgated by the Department. PA. Credit Services Act, P.L.1144, No. 150, Section 8 (1992).

Pennsylvania Credit Service Act (1992)
https://www.legis.state.pa.us/CFDOCS/LEGIS/LI/uconsCheck.cfm

Note the prohibition against advance fees found in Section 3.

Pennsylvania has also grappled with a relatively new issue, called the “True Lender Rule”.  Certain companies had elected to hide behind the shield of exempt banks and other exempt institutions by entering into “partnership agreements” to avail themselves of an exemption for which they would not ordinarily qualify. In 2016, a federal court found in favor of a borrower whose loan exceeded the Pennsylvania usury cap, rejecting the lender’s argument that its “partnership” with First Bank of Delaware afforded it free rein to charge excessive interest rates. The Court disagreed.  Commonwealth of Pennsylvania v. Think Finance, Inc. Civil Action No. 14-cv-7139 (January 14, 2016).

But the battle is far from over. This law is the subject of continuing fierce debate. In the Think Finance case, the Office of the Comptroller of the Currency (a federal agency that oversees banks) has intervened in an amicus curiae (friend of the court) capacity attempting to convince the court to reverse course. This issue is also being litigated and legislated elsewhere. More on that perhaps in a future article.

39. RHODE ISLAND: No license is required for commercial lenders or brokers. A license is required for mortgage and consumer lending, as well as “small loans” under $5000. RI Gen. Laws § 19-14.2 et seq. (1995)

         Loan brokers do need licenses, but the exceptions render this requirement more or less moot in the commercial sector. Exceptions include, inter alia:

• Regulated institutions and banks or credit unions organized under the laws of the United States;
• Loans to corporations, joint ventures, partnerships, limited liability companies or other business entities;
• Loans over twenty-five thousand dollars ($25,000) in amount to individuals for business or commercial, as opposed to personal, family or household purposes.
• Loans principally secured by accounts receivable and/or business inventory

40. SOUTH CAROLINA: Nor do you need a license to make commercial loans in South Carolina. You do, once again, need a license to make “supervised loans”. A “supervised loan” is defined as “a consumer loan in which the rate of the loan finance charge exceeds twelve percent per year as determined according to the provisions on the loan finance charge for consumer loans”. South Carolina Consumer Protections Code §§ 37-3-501 and 301. (2010)

You do not need a license to broker loans, but there are specific laws governing the conduct of brokers. For instance, no loan broker may “assess or collect an advance fee from a borrower to provide services as a loan broker. South Carolina Consumer Protections Code § 34-36-20. (1992) The Department of Consumer Affairs would appear to have oversight akin to the California Department of Financial Innovation and Protection, even though it is labelled a “consumer” agency. That includes the power to investigate, examine, audit, and issue injunctions to any broker found to have violated the loan broker laws. This seems anomalous to me, so if any reader has any additional information to shed further light on this issue, please let us know.

South Carolina Loan Broker Law (1992)
https://www.scstatehouse.gov/code/t34c036.php

You also need a license to make or broker real estate mortgages. In a unique twist, in South Carolina, if a real estate mortgage is being used to secure real property as part of the commercial loan, an attorney licensed to practice law in South Carolina must handle the loan closing.
South Carolina also has a Consumer Protection Code. S.C. Consumer Protection Code §37. These laws only apply to consumer credit transactions made in South Carolina, but there are various definitions (see below) as to what constitutes “made in South Carolina”

South Carolina Consumer Protection Code (1962)
https://www.scstatehouse.gov/code/t37c001.php

The state also has a Consumer Finance Law but it applies only to loans of $7500 or less. SC Code § 34-29-20(a) (1962)

In our next (and penultimate) article on this subject, we continue with South Dakota, Tennessee, Texas, Utah and Vermont

 (1)
Segment 1 - 06/28/21
Alabama, Alaska, Arizona, Arkansas, California
https://leasingnews.org/PDF/Alabama_California.pdf
Segment 2 – 07/06/21
Colorado, Connecticut, Delaware, Florida and Georgia
https://leasingnews.org/PDF/segment2.pdf
Segment 3 - 07/12/21
Hawaii, Idaho, Illinois, Indiana and Iowa
https://leasingnews.org/PDF/segment3_2021.pdf
Segment 4 - 07/19/21
Kansas, Kentucky, Louisiana, Maine and Maryland
https://leasingnews.org/PDF/Segment4.pdf
Segment 5 - 07/26/21
Massachusetts, Michigan, Minnesota, Mississippi and Missouri
https://leasingnews.org/PDF/segment5.pdf
Segment 6 - 08/02/21
Montana, Nebraska, Nevada, New Hampshire, and New Jersey
https://leasingnews.org/archives/Aug2021/08_02.htm#license
Segment 7 - 08/09/21
New Mexico, New York, North Carolina, North Dakota and Ohio
https://leasingnews.org/archives/Aug2021/08_09.htm#license

Ken Greene
Law Office of Kenneth Charles Greene
5743 Corsa Avenue Suite 208
Westlake Village, California 91362
Tel: 818.575.9095
Fax: 805.435.7464
ken@kengreenelaw.com
Alternate: kengreenelaw@outlook.com
https://leasingnews.org/Advisory%20Board/Greene_Law.htm

This article is presented by the Law Office of Kenneth Charles Greene. All copyrightable text, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this presentation are the property of the Law Office of Kenneth Charles Greene. All rights reserved. Permission is granted to download and reprint materials from this article for the purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials from this article, whether in electronic or hard copy form, without the express prior written permission of Kenneth C. Greene, is strictly prohibited. The materials available from this article are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to these materials does not create an attorney-client relationship between the Law Office of Kenneth Charles Greene and the user or viewer. The opinions expressed herein are the opinions of the individual author.

Help Wanted Ads

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Renewing Corporate Culture in the New Normal
Wheeler Business Consulting

Scott Wheeler, CLFP

Companies throughout the commercial equipment finance and leasing industry are taking steps to reaffirm their corporate cultures.

Over the past year, companies adjusted to maximize their productivity throughout the pandemic. They worked from home, had virtual meetings, and instituted hybrid in-office work schedules. Many have stated that the new normal will include (some, most, all) staff working remotely indefinitely. Everyone seems to be onboard with the new arrangements. Employees have been recruited, hired, and trained without ever meeting any co-workers in person.

The preliminary results have been mostly positive. However, for every action there are reactions. Every change has unintended consequences. Industry leaders have taken notice that the new normal has deterred spontaneous collaboration before and after scheduled meetings. Some employees have become disconnected from the company's fabric, especially newer employees. Seasoned employees have lost some of their sense of teamwork; they feel as if they have become disconnected from other departments and activities.

I recently interviewed a middle manager that has been working with a remote sales staff for several years (prior to the pandemic). Her sales staff didn't miss a beat throughout the pandemic. However, now with the company's entire personnel working remotely on a routine basis, her sales staff is being strained. The home office (mainland) has been fragmented. The entire organization is working remotely (islands) and the company is losing its past identity. Production is up (because the market is robust); but company morale is down. A long-term employee just left the company for a slight increase in pay and stated that it didn't matter if she was working for company A or B, she was still just working in her home office doing the exact same functions. The employee had lost her connection to her employer. This may be the unintended consequence of remote working – a lost sense of belonging.

I have witnessed several organizations taking proactive steps to reaffirm their corporate structures.

• A company allows flexible schedules with employees having the ability to work both remotely and in-person. However, they require most employees to be in-person at least 10 workdays a month. The company has two days a month that all employees must be in-person. These days include team building activities at the end of the day which often flows into fun evening events.
• A company has pre-scheduled days every month whereby sales and operations have group in-person meetings to discuss joint successes and challenges.
• A company has established quarterly company-wide retreats starting in the second quarter of 2021. These two-day events include internal and external training sessions. It includes an awards ceremony for top employees and multiple opportunities for employees to share ideas with top management. The first meeting in June was highly successful in re-connecting the staff and reaffirming the goals, strategies, and objectives of the company.
• Many companies are, and have been for many months, fully back to in-person routines. These companies have also had to adjust and offer additional employee enhancement because the job market is strong, and employees want flexibility. A fully in-person company has instituted several career enhancement opportunities for their entire staff. The management is closely monitoring the individual needs of its staff and has offered flexibility to those that require special accommodations. Most of its staff is 100% in-person every day because they cherish the camaraderie that allows them to personally succeed.

Change is good and the new normal will require different degrees of changes by different organizations. However, companies must ensure that their corporate cultures, principles, strategies, and goals are never sacrificed. Corporate cultures allow organizations to flourish and to be sustainable for the long term.

Scott A. Wheeler, CLFP
Wheeler Business Consulting
Comments, questions and suggestions are welcome.
Phone: 410-877-0428
email: scott@wheelerbusinessconsulting.com
Wheeler Business Consulting works with banks, independents, captives, origination companies, and investors in the equipment leasing and finance arena. We provide training, strategic planning, and acquisition services. Scott Wheeler is available to discuss your long-term strategy, to assist your staff to maximize outcomes, and to better position your organization in the market.

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Trailer Makers Struggle to Meet High Demand
                  By Deborah Lockridge, Truckinginfo.com

Dry and refrigerated van orders remained paltry in July, as OEMs are booked full for 2021 and not entering orders yet for 2022, according to FTR.

Trailer makers continue to struggle to increase production rates to meet high demand in the face of supply chain, staffing, and material shortage issues.

Don Ake, FTR Vice President of Commercial Vehicles, said, “Fleets are desperate for new dry vans to compensate for the shortage of new trucks and drivers in the current tight capacity environment.

“There is a growing amount of freight to be moved and the industry continues to struggle to deliver it on time. Spot loads and rates remain elevated. The semiconductor shortage is limiting Class 8 production and the driver shortage has been exacerbated by the aftereffects of the pandemic.”

Against that background, however, material and component supplies, as well as staffing issues, continue to generate headwinds for trailer makers, according to ACT Research. Initial reports indicate that OEMs were unable to increase daily production rates in July, it reported.

“OEMs continue to struggle hiring factory workers,” said FTR’s Ake. “Suppliers are struggling to keep pace due to a shortage of manpower and imported parts and components. The supply chain is still experiencing disruptions and bottlenecks.”

Some improvement in production is expected this year, with some indications that staffing challenges may be easing slightly, but there also are indications some supplies will be restricted into next year.

Frank Maly, ACT Research Director of Commercial Vehicle Transportation Analysis, remarked, "Pricing and availability of components and materials are resulting in higher trailer prices and a build-up of red-tag units, with the volume of these units expected to continue growing during the upcoming months," said.

Concerns about future availability and pricing are major factors in the unwillingness of OEMs to accept future orders, Maly said, causing uncertainty about when 2022 order books will officially open.

Top Ten Leasing News
August 9 to August 13

(Top stories opened by readers)

(1) To the Women Who Are Labeled...
Placard
https://leasingnews.org/archives/Aug2021/08_11.htm#placard

(2) Update: Most Influential Lawyers
in Equipment Finance and Leasing
https://leasingnews.org/archives/Aug2021/08_09.htm#update

(3) Update: Will the Pending Conferences to Be Held in     
September and October Become Virtual, Postponed, or Cancelled?
https://leasingnews.org/archives/Aug2021/08_09.htm#update2

(4) New Hires/Promotions in the Leasing Business
and Related Industries
https://leasingnews.org/archives/Aug2021/08_13.htm#hires

(5) License and Registration United States
    By Kenneth C. Greene, Attorney
      Segment 7
New Mexico, New York, North Carolina, North Dakota and Ohio.
https://leasingnews.org/archives/Aug2021/08_09.htm#license

(6) What the Heck Do I Do with My LinkedIn?
FinTech #102 by Alex Vasilakos
https://leasingnews.org/archives/Aug2021/08_11.htm#what

(7) Sixth Call for California Commercial Financing
Disclosure Regulations "Modification"
https://leasingnews.org/archives/Aug2021/08_11.htm

(8) Commercial Alternative Finance Company List
    Updated
https://leasingnews.org/archives/Aug2021/08_11.htm#updated

(9) AACFB Goes Hybrid 2021 Annual Conference
September 8 – 10, Nashville, Tennessee
https://leasingnews.org/archives/Aug2021/08_13.htm#aacfb

(10) Simmons Bank Taps TCF Execs to Lead
Commercial Finance Unit
https://www.arkansasbusiness.com/article/136841/simmons-bank-taps-tcf-exec-to-lead-commercial-finance-unit

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Back Office Companies
Updated

Advance Property Tax Compliance	Haws Consulting Group
Barrett Management Corp.	JDR Solutions
ECS Financial Services	LeaseDimensions, Inc.
RPC Property Tax Advisors, LLC	Madison Capital, LLC
GreatAmerica Portfolio Services Group LLC	Orion First Financial, LLC
Group 88 Systems, Inc.	Vervent

Full List:
https://leasingnews.org/Ag_leasing/backoffice.htm

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##### Press Release ############################

The Economy and Markets are Bullish and are Ignoring
“Consumer Sentiment” Surveys

SAN FRANCISCO, –The preliminary August consumer sentiment shows a decline of 13.5% to 70.2, the lowest level in a decade. Yet, the level of credit Cards charges and Other consumer loans at Banks is the highest it has been all year, and stands at $768.5 billion in the first week of August according to the Federal Reserve Bank of St. Louis. According to the Theory of Money Anxiety, such a drop in financial confidence would have caused a decrease in consumer borrowing and spending, and an increase in savings.

Investors are also numb to soft-data surveys such as the Survey of Consumers by the University of Michigan. While the Michigan survey reported the worse consumer sentiment in a decade, the Dow and the S&P 500 set fresh records on Thursday August 12. The Dow Jones Industrial Average (.DJI) rose 14.88 points, or 0.04%, to 35,499.85, the S&P 500 (SPX) gained 13.13 points, or 0.30%, to 4,460.83.

Consumers and investors are now familiar with one of the key principles in behavioral economics – what people do and what people say they do are two different things. Therefore, they disregard consumer sentiment and confidence that are based on subjective surveys, and use hard-data financial confidence indices that are based on actual financial behavior such as the Money Anxiety Index (MIX).

The Money Anxiety Index is a scientific predictor of financial confidence, which is featured in the study “Dynamics of Yield Gravity and the Money Anxiety Index, “and published in the Journal of Applied Business and Economics. The index is based on the Theory of Money Anxiety, which shows that fluctuations in the level of money anxiety impact financial-risk tolerance. When money anxiety is elevated, people are more risk averse and vice versa.

The predictive properties of MIX are also being use to project prices and returns of ETF. The Scientifically Predictable Top Five ETF is a monthly projection of price and return with the highest level of statistical confidence. The projection features the price increase of each of the five ETF for the coming 30 days, as well as the projected rate of return. Additionally, each ETF price projection contains an upper and lower level limit, which indicates how high or how low the price can go in the event of an unusual economic of financial event.

The monthly projection contains all the statistical analysis pertaining to each of the featured ETF, thus no additional research and analysis are needed. Additionally, repositioning of the ETF is done only once a month, and in some cases, when the price and return trend continues, no repositioning needs to take place. The average repositioning is about 30 minutes each month. Scientifically Predictable is available for monthly subscription and can be canceled at any time. A video featuring the scientific framework of the model is provided on the home page.

About Analyticom LLC
Analyticom LLC is a behavioral economics firm specializing in predictive models of financial behavior. The company is a pioneer in the development and application of the Money Anxiety Theory, which impacts consumer consumption, making up about 70 percent of the U.S. economy, and the equity market, where American households own $29 trillion worth of equities—more than 58 percent of the U.S. equity market.

Dr. Dan Geller
Behavioral Economics
for Financial modeling
Scientifically
Predictable
drgeller@analyticom.com
www.scientificallypredictable.com
415-891-3093

### Press Release ############################

Canario, Pressa/Mixed Breed
Houston, Texas  Adopt-a-Dog

Cherub (Cherry)

ID: HPA-A-9852
Female
Age: 4 year, 10 months
78 lbs.
Location: Foster Home

Cherub is a sweet girl who has lots of love and kisses to give you. She responds to her nickname, Cherry. She is quiet in her kennel and sleeps entirely through the night. She also walks well on a leash, but can get overexcited at another dog close by. She has lived in foster homes with big and small dogs and is friendly with them all. Cherub is relatively quiet except for barking when a package arrives; she'd be a great replacement for a doorbell.

She has been tested with children (8 years old) and was great. She has PLENTY of love and attention to offer multiple people in a household. However, she is known to jump up for attention so we recommend she be in a home with older children or kids who are familiar and comfortable with big dog behavior. She loves nothing more than being with her people. She wants to kiss and cuddle as much as possible and will climb all over you for attention without any shame. Cherub has the eyes and the heart of an angel and is ready to be someone's giant baby for the rest of her life!

Houston Pets Alive
2800 Antoine Dr #2854,
Houston, TX 77092
(832) 786-9310
https://www.houstonpetsalive.org/

How to Adopt:
https://www.houstonpetsalive.org/find-dogs/#sl_embed&page=shelterluv_wrap_1601325966061%2Fembed%2Fanimal%2FHPA-A-9852

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National Alliance of Commercial Loan Brokers Conference
October 26th - 28th, 2021, Caesars Palace, Las Vegas, NV

 
Don't miss your opportunity to experience the only conference in the nation where commercial loan brokers and lenders converge over three days to gain valuable and profitable relationships.

Founded by industry leader Kris Roglieri, the NACLB was created to serve the growing industry of commercial loan and mortgage brokers. It is dedicated to serving the commercial loan and mortgage broker community and the banks and lenders who rely on brokers for deal flow. The NACLB aims to educate the industry's professionals on best practices and the ever-changing landscape in the commercial finance industry.

Last year, there were over $53 million in terms sheets generated by the lenders that sponsored the NACLB. Attending is an opportunity to meet the top lenders and service providers that cater to the brokerage community.

This year there are at least 900 commercial loan brokers expected to attend.

We are the nation’s only conference that brings together commercial lenders and commercial loan brokers. These professional loan brokers are responsible for over a billion dollars in funding. 2019’s event had over 900 brokers that attended and this year’s attendance is expected to bring many more.

Aside from custom breakout sessions with industry leaders, networking sessions, and marketing seminars --- we'll be celebrating with cocktail events AND a poker tournament hosted by various sponsors to this year's NACLB Conference and Expo.

Broker Attendee
Early Bird Pricing - $499
(Discount ends on September 30th, 2021)
Regular Pricing - $799
Additional Attendee - $199

Lender Attendee
Event Pass Only - $799
Additional Attendee - $399

Service Provider Attendee
Event Pass Only - $950
Additional Attendee - $450

Register:
https://www.naclb.org/registration-2021/

Caesars Palace Rates
https://book.passkey.com/gt/218108301?gtid=5bba483e0f70e7b718e2875bed87278b

News Briefs---

Chicago hotels lose 10,000 room nights in two weeks
    as delta variant prompts some travelers to postpone trips
https://www.chicagotribune.com/business/ct-biz-delta-variant-covid-19-travel-20210813-e2dt6uv4bnh6ldnox4vrjibxsu-.com/2021/08/06/for-raiders-icon-tom-flores-the-hall-of-fame-wait-is-over-2/

The lambda variant, a new, little-understood version
of the coronavirus, has arrived in Dallas
https://www.dallasnews.com/news/2021/08/13/a-new-little-understood-coronavirus-variant-has-arrived-in-dallas/

Bay Area restaurateurs feared backlash for requiring  
    vaccinations.   In reality, it's been totally fine
https://www.sfchronicle.com/food/restaurants/article/Bay-Area-restaurateurs-feared-backlash-for-16382565.php

Pfizer, Moderna seen reaping billions from
COVID-19 vaccine booster market
https://www.reuters.com/business/healthcare-pharmaceuticals/pfizer-moderna-seen-reaping-billions-covid-19-vaccine-booster-market-2021-08-13/

Celebrity-backed Landis' Rent-to-Own Homeownership
Program Launches in Cincinnati
https://www.cincinnati.com/story/news/2021/08/12/jay-z-backed-landis-aims-turn-cincinnati-renters-into-homeowners/5550783001/

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You May Have Missed---

When in Tokyo, Forget Everything You Know about
    7-Elevens and Convenience Stores — Anthony Bourdain
https://www.latimes.com/sports/olympics/story/2021-08-07/7-elevens-convenience-stores-tokyo-japan-olympics

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Sports Briefs---

49ers fall to the Chiefs 19-16;
Niners rookies have impressive showings
https://www.ninersnation.com/2021/8/14/22625228/49e

MLB pitcher Tyler Gilbert throws a no-hitter
in his first career big league start
https://www.cnn.com/2021/08/14/sport/no-hitter-mlb-tyler-gilbert-first-start-spt/index.html

Seahawks QB Geno Smith suffered concussion against Raiders
https://www.theredzone.org/Blog-Description/EntryId/17128/Seahawks-QB-Geno-Smith-suffered-concussion-against-Raiders

Hall of Fame inductees Tom Flores, John Lynch and Charles   
    Woodson display range of emotions on their big night
https://www.eastbaytimes.com/2021/08/08/hall-of-fame-inductees-tom-flores-john-lynch-and-charles-woodson-display-range-of-emotions-on-their-big-night/

For Raiders icon Tom Flores, the Hall of Fame wait is over
https://www.eastbaytimes.com/2021/08/06/for-raiders-icon-tom-flores-the-hall-of-fame-wait-is-over-2/

Hollywood ending as White Sox top Yankees
at ‘Field of Dreams’ site in Iowa
https://www.pressdemocrat.com/article/sports/hollywood-ending-as-white-sox-top-yankees-at-field-of-dreams-site-in-iowa/

Former 49ers QB receives standing ovation
at Giants game at Oracle Park
https://www.sfgate.com/49ers/article/Alex-Smith-receives-standing-ovation-at-Oracle-16387174.php

Mom Bomb ker-plunk! LaMonte Wade Jr. says
thanks for a lifetime of coaching and love
https://www.sfchronicle.com/sports/ostler/article/Mom-Bomb-ker-plunk-LaMonte-Wade-Jr-says-thanks-16358586.php

Bill Belichick is sporting a new ring
— but not the Super Bowl kind
https://www.bostonglobe.com/2021/08/13/lifestyle/bill-belichick-is-sporting-new-ring-not-super-bowl-kind/?p1=HP_Feed_ContentQuery

49ers to sign ex-Seahawks LB Mychal Kendricks
https://www.theredzone.org/Blog-Description/EntryId/17123/49ers-to-sign-ex-Seahawks-LB-Mychal-Kendricks

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California Nuts Briefs---

California Mega-church Offers ‘Religious Exemption’
    to Covid Vaccine in Public Instagram Post
https://www.sacbee.com/news/coronavirus/article253485334.html

California justices won't limit governor's emergency powers
https://www.northbaybusinessjournal.com/article/news/california-justices-wont-limit-governors-emergency-powers/

North Bay hospitals again face delaying
elective procedures as coronavirus cases surge
https://www.northbaybusinessjournal.com/article/industrynews/north-bay-hospitals-again-face-delaying-elective-procedures/

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“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

A Tale of Two Vineyards in Paso Robles
  By Eric Asimov
https://www.nytimes.com/2021/08/12/dining/drinks/paso-robles-wine-climate-change.html

Lighter Crops May Lead to More Balanced Market
https://www.winebusiness.com/news/?go=getArticle&dataId=250083

What Climate Change Might Do to Your Favorite Wine
https://www.wsj.com/articles/what-climate-change-might-do-to-your-favorite-wine-11628778962

This pinot noir pairs well with a savory summer tart
https://www.pressdemocrat.com/article/lifestyle/this-pinor-noir-pairs-well-with-a-savory-summer-tart/

Free Wine App
https://www.nataliemaclean.com/mobileapp/

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

This Day in History

     1691 – Yorktown, VA was founded, named for the ancient city of York in Yorkshire, Northern England, as a port on the York River for English colonists to export tobacco to Europe. The lawyer Thomas Ballard was the principal founder of the city along with Joseph Ring.  It was called "York" until after the American Revolutionary War, when the name "Yorktown" came into common use.  The town reached the height of its development around 1750, when it had 250 to 300 buildings and a population of almost 2,000 people. It was the base of British General Cornwallis during the 1781 siege, which was the last major battle of the Revolutionary War, resulting in his surrender to Gen. George Washington.
    1777 – The Battle of Bennington was a major victor for the Colonial Army, primarily because the battle was delayed by rain.  The rain delayed British reinforcements, and allowed the Vermont Militia to arrive in time, enabling the Americans to win a victory by defeating two enemy forces, one at a time.
http://darter.ocps.net/classroom/revolution/benn.htm
http://www.matmice.com/home/hockey
http://www.virtualvermont.com/history/benbattle.html
http://www.revolutionaryday.com/usroute7/bennington/
    1780 - In the Battle of Camden, S.C., American forces under Gen. Horatio Gates were defeated by the British under Gen. Charles Cornwallis.   Baron Johann de Kalb, a Prussian officer who was commissioned a general in the Continental Army, was mortally wounded in the battle.  Gates suffered disastrous losses.  Nearly 1,000 Americans killed and another 1,000 captured by the British. British losses about 325.  One of America's worst defeats in the war.  General Washington replaced Gates with Nathaniel Greene, who is credited with brilliance in turning the war situation around as outlined on his birthday, August 7.
http://www.multied.com/Bio/RevoltBIOS/KalbJohann.html
http://home.sprintmail.com/~robtmarj/thecollinsfamily.html
http://www.co.dekalb.ga.us/history.htm
    1812 - A mass meeting in NYC denounces the War of 1812.
    1812 - Brigadier General William Hull surrendered Detroit to British forces under General Isaac Brock, making no attempt to defend the city though the attacking force was smaller than his own. Hull was court-martialed two years later for yielding without resistance.
http://www.factmonster.com/ce6/people/A0824487.html
http://www.cr.nps.gov/museum/exhibits/revwar/image_gal/indeimg/hullgen.html
    1829 - Taking the country by storm, Robert Hung of Boston, MA, brought the Siamese twins Chang and Eng into the United States. They were born on April 15, 1811, in Bangesau, Siam, of a Chinese father and a Siamese mother. They were joined at the waist by a cartilaginous band about four inches long and eight inches in circumference. They grew to be about 5 feet 2 inches in height, and, since they faced in the same direction, could walk, run, and swim. They were exhibited throughout the United States and later in Europe. They were married in April, 1843 to two sisters, Sarah and Adelaide Yates. Chang had 10 children and Eng nine children.   They died within three hours of each other on January 17, 1874.  The name “Siamese twins,” meaning twins whose bodies are connected in any of a variety of ways, is derived from them.
http://engandchang.twinstuff.com/
http://bullseyedesigns.com/sideshow/people/twins/chang_eng.htm
    1841 - President John Tyler vetoed a bill which called for the re-establishment of the Second Bank of the United States. Enraged Whig Party members rioted outside the White House in the most violent demonstration on White House grounds in U.S. history.  Tyler became president with the death of William Henry Harrison.  This was the first test of the Constitutional succession and his acclimation of the title of president riled many who thought he should take the title of acting or interim president.  He also was resolute in his decisions and rather than acceding to the majority, chose to take their counsel and decide on his own.  Many believe this protest was a result of continuing acrimony rather than the subject of the veto itself.  He initially sought election to a full term as president, but after failing to gain the support of either Whigs or Democrats, he withdrew. When the Civil War began in 1861, Tyler sided with the Confederate government, and won election to the Confederate House shortly before his death. Although some have praised Tyler's political resolve, his presidency is generally held in low esteem by historians. He is considered an obscure president, with little presence in American cultural memory 
    1861 - Several newspapers in the Union states were brought to court for alleged pro-Confederate sympathies, including the Brooklyn Eagle, the New York Journal of Commerce, and the New York Daily News.  On August 19, an editor for the Essex County Democrat in Haverhill, Massachusetts was tarred and feathered for his Southern leanings expressed in the newspaper.
    1861 – President Lincoln issued orders forbidding Union states from trading with the Confederacy.
    1862 – Amos Alonzo Stagg (d. 1965) was born in West Orange, NJ.  Athlete and college coach in multiple sports, primarily football. He served as the head football coach at the International Young Men's Christian Association Training School (now called Springfield College) (1890–1891), the University of Chicago (1892–1932), and the College of the Pacific (1933–1946), compiling a career college football record of 314–199–35. His Chicago Maroons teams of 1905 and 1913 have been recognized as national champions. He was also the head basketball coach for one season at the University of Chicago (1920–1921), and the head baseball coach there for 19 seasons (1893–1905, 1907–1913). 
    1881 - WILLIAMS, MOSES, Medal of Honor
Rank and organization: First Sergeant, Company I, 9th U.S. Cavalry. Place and date: At foothills of the Cuchillo Negro Mountains, N. Mex., 16 August 1881. Entered service at New Orleans, LA.  Birth: Carrollton, LA. Date of issue: 12 November 1896. Citation: Rallied a detachment, skillfully conducted a running fight of 3 or 4 hours, and by his coolness, bravery, and unflinching devotion to duty in standing by his commanding officer in an exposed position under a heavy fire from a large party of Indians saved the lives of at least 3 of his comrades. 
    1894 – George Meany (d. 1980) was born in Harlem, NYC.  A labor union leader for 57 years, he was the key figure in the creation of the AFL-CIO and served as the AFL-CIO's first president, from 1955 to 1979.  Meany, the son of a union plumber, became a plumber himself at a young age, as well. He became a full-time union official 12 years later. As an officer of the AFL, he represented the AFL on the National War Labor Board during World War II. He served as president of the AFL from 1952 to 1955.  He proposed its merger with the CIO in 1952 and led the negotiations until the merger was completed in 1955. He then served as president of the merged AFL-CIO for the next 24 years.  Meany had a reputation for integrity and consistent opposition to corruption in the labor movement and strong anti-communism. He was the best-known union leader in the United States in the mid-20th century.
    1904 – Construction began on the Grand Central terminal in NYC.  The original Grand Central Depot was opened in 1871 to serve the New York Central and Hudson River Railroad, the New York and Harlem Railroad, and the New York and New Haven Railroad together in one large station.  A 1902 crash killed 15 people, causing the chief engineer of the New York Central to propose the replacement of the steam trains with electrified service.  The terminal cost $35 million and the railroad's board of directors, including Cornelius Vanderbilt, William K, Vanderbilt, William Rockefeller and J.P. Morgan, approved the project on June 30, 1903.  New York Central set up a design competition to decide the firms who would design the new terminal and construction began.  The new terminal opened on February 2, 1913.
    1909 - A dry spell began in San Bernardino County of southern California that lasted until the 6th of May in 1912, a stretch of 994 days! Another dry spell, lasting 767 days, then began in October of 1912.  
http://www.arjazz.org/artists/hof/1995/95_al_hibbler.html
    1915 - Birthday of singer Al Hibbler (d. 2001), Tyro, MS.
    1916 – Altapass, NC was deluged with 22.22 inches of rain in 24 hours to establish a state record
    1920 – Cleveland Indians shortstop Ray Chapman was hit in the head with a pitch thrown by Yankees pitcher Carl Mays and died 12 hours later. He remains the only Major League Baseball player to have died from an injury received during an MLB game.  His death led to Major League Baseball establishing a rule requiring umpires to replace the ball whenever it became dirty and it was partially the reason the spitball was banned after the 1920 season.  Chapman's death was also one of the examples used to emphasize the need for wearing batting helmets, although the rule was not adopted until over 30 years later. 
    1922 - Louis Lomax (d. 1970), author, born Valdosta, GA.  
http://www.alan-lomax.com/about_bio.html
    1923 – Carnegie Steel Corporation implemented the eight-hour workday for its employees. 
    1924 – Fess Parker (d. 2010) was born in Ft. Worth, TX. A film and television actor, he was best known for his portrayals of Davy Crockett in the Disney 1954–1955 TV miniseries, and as Daniel Boone in an NBC miniseries from 1964 to 1970. He became a well-known wine maker in Santa Barbara, California.
    1926 - Birthday of pianist Mal Waldron (d. 2002), New York City.
http://www.enjarecords.com/mal-waldron.htm
http://www.jazzinbelgium.org/guest/waldron.htm
    1929 - Pianist Bill Evans (d. 1980) birthday, Plainfield, NJ. 
http://www.downbeat.com/artists/window.asp?action=new&aid=50&aname=Bill+Evans
http://members.aol.com/gsonjazz/evans/be-home.htm
http://www.billevans.org/BBS/index.asp
    1930 - The first color sound cartoon, “Fiddlesticks,” was made by Ub Iwerks.  This was the first animated sound cartoon that was photographed in two-strip Technicolor and was Iwerks’ first cartoon since he departed from Walt Disney’s studio.  Iwerks was considered by many to be Walt Disney's oldest friend, and spent most of his career with Disney. The two met in 1919 and would eventually start their own commercial art business together. While working for the Kansas City Film Ad Company, Disney decided to take up work in animation, and Iwerks soon joined him.  He was responsible for the distinctive style of the earliest Disney animated cartoons and was also responsible for designing Mickey Mouse.  Eventually, Iwerks and Disney had a falling-out; their friendship and working partnership were severed when Iwerks accepted a contract with Disney competitor Pat Powers to leave Disney and start an animation studio under his own name.
    1931 - Birthday of Eydie Gorme (d. 2008), born Edith Gormezano in Manhattan.  A pop vocalist, she was a popular nightclub and recording star. She often appeared with her husband Steve Lawrence, but she maintained a much better separate recording career that kept her near the top of the charts for a long, long time. The duo had a TV show (1959).
    1936 - Jesse Owens leaves Berlin Olympics with four gold medals.    
    1938 - Benny Goodman and his band, and a quartet, brought jazz to Carnegie Hall in New York City. When asked how long an intermission he wanted, Benny said, "I don't know. How much does Toscanini get?"
    1942 - For Columbia Records, Kay Kyser and the band recorded "A Zoot Suit," about the problems associated with wearing the garish, fashion.
    1944 - General Dwight Eisenhower was appointed Commander-in-Chief of the Allied Expeditionary Force and asked to plan the launch of a second front in Western Europe.
    1950 - Nat “King” Cole with the Stan Kenton Band, records “Orange Colored Sky,” Los Angeles.
    1950 - Birthday of drummer Alvin Queen, The Bronx.
    1951 - Top Hits
“Too Young” - Nat King Cole
“Come on-a My House” - Rosemary Clooney
“My Truly, Truly Fair” - Guy Mitchell
“Hey, Good Lookin'” - Hank Williams
    1952 - SHUCK, WILLIAM E., JR., MEDAL of HONOR
Rank and organization: Staff Sergeant, U.S. Marine Corps, Company G, 3d Battalion, 7th Marines, 1st Marine Division (Rein.). Place and date: Korea, 3 July 1952. Entered service at: Cumberland, Md. Born. 16 August 1926, Cumberland, Md. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as a squad leader of Company G, in action against enemy aggressor forces. When his platoon was subjected to a devastating barrage of enemy small-arms, grenade, artillery, and mortar fire during an assault against strongly fortified hill positions well forward of the main line of resistance, S/Sgt. Shuck, although painfully wounded, refused medical attention and continued to lead his machine gun squad in the attack. Unhesitatingly assuming command of a rifle squad when the leader became a casualty, he skillfully organized the 2 squads into an attacking force and led 2 more daring assaults upon the hostile positions. Wounded a second time, he steadfastly refused evacuation and remained in the foremost position under heavy fire until assured that all dead and wounded were evacuated. Mortally wounded by an enemy sniper bullet while voluntarily assisting in the removal of the last casualty, S/Sgt. Shuck, by his fortitude and great personal valor in the face of overwhelming odds, served to inspire all who observed him. His unyielding courage throughout reflects the highest credit upon himself and the U.S. Naval Service. He gallantly gave his life for his country.
    1953 - Birthday of Kathie Lee Gifford, born Kathryn Lee Epstein in Paris, France.  U.S. TV personality who starred for many years in the hit daytime show “Live with Regis & Kathie Lee.” She retired from the show in 2000 to concentrate on her acting and singing but returned to television in 2008 as co-host with Hoda Kotb in the fourth hour of “Today.” She recently retired again.
    1953 - Birthday of singer James “JT” Taylor, Laurens, South Carolina.
    1954 – The first issue of “Sports Illustrated” appeared on newsstands.  There was no large-base, general, weekly sports magazine with a national following on actual active events. It was then that Time magazine patriarch Henry Luce began considering whether his company should attempt to fill that gap. It was not profitable (and would not be so for 12 years) and not particularly well run at first, but Luce's timing was good. The popularity of spectator sports in the United States was about to explode, and that popularity came to be driven largely by three things: economic prosperity, television, and Sports Illustrated. 
    1958 - Birthday of Madonna Louise Veronica Ciccone, known popularly as “Madonna,” born Bay City, MI.  Having sold more than 300 million records worldwide, Madonna is recognized as the best-selling female recording artist of all-time by Guinness World Records. The Recording Industry Association of America (RIAA) listed her as the best-selling female rock artist of the 20th century and the second-highest female artist in the US with 64.5 million album units. Madonna is the highest-grossing solo touring artist of all-time, earning $1.31 billion from her concerts since 1990. Madonna was ranked at number one on VH1’s list of 100 Greatest Women in Music and number two (behind only The Beatles) on Billboard’s Greatest hot 100 Artists of All Time.
    1952 - Baritone saxophonist Gerry Mulligan, with Chet Baker, cuts first piano less quarter, Los Angeles (Pacific Jazz is born!!!)
    1957 - Buddy Holly and The Crickets, still being billed by the band name only, begin a six-night engagement at Harlem's famed Apollo Theater, the first white rock act to play the venue. Although crowds boo a little at first -- many, including the venue, assumed they'd be seeing R&B vocal group, The Crickets -- by the third night of the engagement Buddy's energy and songs have won them over.  This is a memorable scene in the 1978 movie “The Buddy Holly Story.”
    1957 - Ricky Nelson releases "Be-Bop Baby."
    1957 - The Everly Brothers release "Wake Up Little Susie," which becomes their number one big hit, although banned by many radio stations as it is about a couple who fall asleep in his car at the movies and awake
at 4am, well after her 10PM curfew. 
    1959 - Top Hits
“A Big Hunk o' Love” - Elvis Presley
“My Heart is an Open Book” - Carl Dobkins, Jr.
“There Goes My Baby” - The Drifters
“Waterloo” - Stonewall Jackson
    1961 - Mickey Mantle signed the contract that made him the American League's highest paid baseball player. "The Mick" played the 1961 season for $75,000. In the National League, Willie Mays, made more money than any other baseball player with a contract for $85,000.
    1962 - Two years and four days after joining, Pete Best was fired from The Beatles by manager Brian Epstein, who was told by record producer George Martin that he wanted to use a more experienced session drummer on the band's recordings.  Incredibly, Epstein then asks Best to fulfill his commitment and play the group's show that night in Cheshire's Riverpark Ballroom, but when he doesn't show, the group is ready with a replacement: Johnny Hutchinson of fellow Merseybeat group, The Big Three. John, Paul and George had long admired the work of Rory Storm and The Hurricanes' drummer Ringo Starr, who jumped at the chance to join them. Fans will react badly to the news, pummeling the group at their next few shows, sending petitions to local papers, and shouting "Pete Best forever, Ringo never!" at the Cavern. After his dismissal, Pete Best would never have any further communication with his former mates. 
    1962 - The first single by Little Stevie Wonder, "I Call It Pretty Music" was released. Marvin Gaye played drums on the track that failed to gain much attention. Twelve-year-old Stevie would have his first hit a year later with "Fingertips Pt. 2." 
    1962 - Peter, Paul and Mary released their first US Top 10 hit, "If I Had a Hammer," written by Pete Seger and Lee Hays.    
    1964 - In New York City, "Hello Dolly!" starring Carol Channing opened at the St. James Theatre. A musical adaptation of Thornton Wilder's play, "The Matchmaker," the show, was called the "possible hit of the season" by critics. "Hello Dolly!" played for 2,844 performances, before returning to in the 1990s with, again star, Carol Channing.
    1965 - Reportedly, the San Francisco Giants continued to pay Willie Mays $105,000 a year. In exchange, he gave them a .317 batting average, a slugging percentage of .645, and 52 home runs, winning the NL MVP award.
    1967 - Top Hits
“Light My Fire” - The Doors
“All You Need is Love” - The Beatles
“Pleasant Valley Sunday” - The Monkees
“I'll Never Find Another You” - Sonny James
    1968 - The Jackson Five perform their first official live gig, opening for Diana Ross and the Supremes at the (Great Western) Forum in Los Angeles. 
    1969 - The second day of three for The Woodstock Music and Art Fair on Max Yasgur's farm in Bethel, New York. Over 400,000 attend, most without tickets, which prompts officials to say the festival is open and free. Those up on stage include Jimi Hendrix, Santana, Sly and the Family Stone, the Who, the Grateful Dead, Joan Baez, Janis Joplin, Joe Cocker, Canned Heat, Crosby, Still Nash & Young and the Jefferson Airplane among others. Things that helped make Woodstock a unique event included, but were not limited to, rampant drug use, not enough food, and sanitation, three deaths, two births and four miscarriages. 
    1975 - Top Hits
“Jive Talkin'” - Bee Gees
“One of These Nights” - Eagles
“Someone Saved My Life Tonight” - Elton John
“Wasted Days and Wasted Nights” - Freddy Fender
    1976 - A&M Records released the album, "Frampton Comes Alive." The double LP soon reached the top spot of the album charts for a 17 week stay. Its first year out, it sold 19 million copies.
    1977 - TCB (Taking Care of Business):  Elvis Presley leaves Earth, as he was pronounced dead at the Memphis Baptist Hospital at 3:30pm, Eastern time, at the age of 42.  In the first “Men in Black,” we see him leave our planet.  Here it is the anniversary of his death is an occasion for pilgrimages by admirers to Graceland, his home and gravesite at Memphis, Tennessee. (official site for “live” coverage and movies: http://www.elvis-presley.com). After an examination of the body, it is revealed that Presley's body contained butabarbital, codeine, morphine, pentobarbital, Placidyl, Quaalude, Valium and Valmid. Amidst mounting pressure in 1994, the Presley autopsy was reopened. Coroner Dr. Joseph Davis declared, "There is nothing in any of the data that supports a death from drugs. In fact, everything points to a sudden, violent heart attack.  Whether or not combined drug intoxication was in fact the cause, there is little doubt that polypharmacy contributed significantly to Presley's premature death.”  It had been five years since the King had a US Top Ten hit with the number 2 song, "Burning Love." His last US number 1 was 1969's "Suspicious Minds." He left an estate valued at $4.9 million that continues to earn millions annually, decades after his death.    
    1979 - The biggest single of the summer is The Knack's "My Sharona," which goes gold. The success of the group is the gimmick of Beatle-esque posturing which the group treats as tongue-in-cheek. The Knack disbands less than two years later.
    1983 - Paul Simon and actress Carrie Fisher get married. They would divorce in 1985
    1983 - Top Hits
“Every Breath You Take” - The Police
“Sweet Dreams (Are Made of This)” - Eurythmics
“She Works Hard for the Money” - Donna Summer
“He's a Heartache (Looking for a Place to Happen)” - Janie Fricke
    1984 - The U.S. Jaycees voted to admit women to full membership in the organization.
    1984 - At the 11th annual American Music Awards, Michael Jackson received eight awards, including favorite pop and soul male vocalist, pop and soul album winner for "Thriller", pop and soul video winner for "Beat It" and best pop song for "Billie Jean".
    1985 - Madonna and actor Sean Penn get married in Malibu, as helicopters with photographers hovered overhead. They would divorce in 1989
    1985 - Hugh Hefner took the staples out of "Playboy" magazine, ending its 30-year tradition of stapling centerfold models in the bellybutton. The decision made the centerfold more difficult to remove it.
    1984 - Los Angles federal jury acquits auto maker John Z DeLorean on cocaine charges.
http://www.dead-or-alive.org/dead.nsf/dnames-nf/DeLorean+John
http://www.dmcnews.com/biblio.html
http://babbtechnology.com/thecar/index.htm
    1986 - Madonna's "True Blue," album goes #1 for 5 weeks & her single "Papa Don't Preach," goes #1 for 2 weeks
    1988 - IBM introduces software for artificial intelligence.
    1991 - Top Hits
“(Everything I Do) I Do It for You” - Bryan Adams
“P.A.S.S.I.O.N.” - Rhythm Syndicate
“Every Heartbeat” - Amy Grant
“She's in Love with the Boy” - Trisha Yearwood 
    1999 - Top Hits
“Genie In A Bottle” - Christina Aguilera
“Bills, Bills, Bills” – Destiny’s Child
“Tell Me It’s Real” - K-Ci
“Summer Girls” - LFO
    2001 - After piloting the team 13 games above .500 in spite of numerous injuries to key players, manager Jimmy Williams is fired by the Red Sox. The ousted skipper is replaced by the club's well respected pitching coach, Joe Kerrigan.
    2001 - Barry Bonds' second home run of the game and 53rd of the season breaks the franchise record established by his godfather, Willie Mays. With his first homer, the left fielder eclipses the National League record for home runs by a left-handed batter established in 1947 by another Giant, Johnny Mize.
    2002 - After four days of delaying the decision, the executive board of the Major League Players' Association votes 57-0 to set an August 30 strike date. All eight previous negotiations since 1972 have resulted in work stoppages in the national pastime.
    2003 - The USPS unveils a new commemorative postage stamp of recently-deceased composer Henry Mancini, famous for the Pink Panther theme and several other film works.
    2008 - The Trump International Hotel and Tower in Chicago topped off at 1,389 feet, at the time becoming the world's highest residence above ground-level.
    2009 - With his 3-for-4 performance in the Yankees' 10-3 loss in Seattle, Derek Jeter passes Luis Aparicio for most hits ever compiled by a Major League shortstop. The Yankees captain, collecting career hits #2,673 and #2,674 his first two at-bats, surpasses the Hall of Famer's total, who spent his 18-year career, ending in 1973, with the White Sox, Orioles, and Red Sox.
    2014 - Continued riots in Ferguson, Missouri over the shooting death of teenager Michael Brown by a police officer have resulted in the announcement of a state of emergency and a curfew by Governor Jay Nixon.
    2016 - Wildfire breaks out in San Bernardino County, California, engulfing 15,000 acres, prompting evacuation of 82,000 people.
    2018 – Pope Francis and the Vatican issue a statement in support of the 300 victims of “predator priests” in Pennsylvania.