(click image for larger view)

 

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License and Registration United States
By Kenneth C. Greene, Attorney
Segment 10

Virginia, Washington, West Virginia, Wisconsin, Wyoming, Washington, D.C. and Puerto Rico

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

Previous states covered Alabama through Vermont (1)

46. VIRGINIA: No license is necessary for a commercial lender, broker or lessor in Virginia. Mortgage lenders and brokers need licenses. Code of Virginia Chapter 16§6.2-1601. (2010) Consumer lenders need licenses as well.  Consumer Finance Companies Act (Va. Code Ann. §§ 6.2-1500 to 1543). (2020); Regulations of the Virginia State Corporation Commission (VSCC), Bureau of Financial Institutions (BFI), 10 Virginia Administrative Code 5-60-20 to 5-60-60. (2021).

The latest Virginia consumer protection laws reformed the Consumer Finance Companies Act. Here is the link to a fact sheet about the statute:

Virginia Fairness In Lending Act
https://www.pewtrusts.org/en/research-and-analysis/fact-sheets/2020/10/virginia-fairness-in-lending-act-of-2020-reforms-small-credit (2020)

47. WASHINGTON: Nor does the State of Washington require a license for commercial lenders, lessors or brokers. Residential mortgage brokers must be licensed under RCW Chapter 19.146. (2006)

The Consumer Loan Act contains licensing requirements applicable to consumer lenders other than banks, savings institutions and credit unions. RCW Chapter 31.04.(2015)Exempt from the Consumer Loan Act is “any person making a loan primarily for business, commercial, or agricultural purposes unless the loan is secured by a lien on the borrower's primary dwelling.”RCW Chapter 31.04.025(2)(e) (2015)

Washington Consumer Loan Act
https://app.leg.wa.gov/rcw/default.aspx?cite=31.04 (2015)

48. WEST VIRGINIA: West Virginia does not require a license for commercial lenders, lessors or brokers. A mortgage broker and mortgage lender license is required of any entity which, for a fee, commission or other consideration, negotiates, arranges, originates or processes any West Virginia mortgage loan. West Virginia Safe Mortgage Licensing Act §31-17A-16 (2020).
West Virginia has a unique set of rules for what they call Fintech

Regulatory Sandbox Registration. A FinTech sandbox is an environment that innovators and testers can use to mimic the characteristics exhibited by the production environment on a real-time basis to help simulate responses from all the systems an application interfaces with. A company planning to enter the West Virginia Fintech Regulatory Sandbox Program to offer an innovative financial product or service in West Virginia must apply through NMLS. Companies registering through NMLS with the West Virginia Division of Financial Institutions must agree to abide by NMLS requirements, including attesting to the accuracy of the information submitted, agreeing to keep it updated through NMLS, and annually renewing the registration through the NMLS Streamlined Renewal Process.

The West Virginia Fintech Regulatory Sandbox Program
https://code.wvlegislature.gov/31A-8G-1/ (2020)

This is by and large a consumer-oriented statute. The license authorizes the following activities:

- Consumer loan lending/ First mortgage lending/ Mortgage loan modification/ Second mortgage lending/ Manufactured housing financing-lender/ Bill Paying/ Check Cashing/ Electronic money transmitting/Foreign currency dealing/ exchanging/ Issuing and/or selling drafts/ Issuing money orders/ Issuing prepaid access/stored value/ Issuing traveler’s checks/ Selling money orders/Selling prepaid access/stored value/Selling traveler’s checks/Transporting currency/virtual currency exchanging and trading services/ First mortgage servicing/Master servicing/Reverse mortgage servicing/Subordinate lien mortgage servicing.

Although this is a consumer program, it would not surprise me to see more states adopt Fintech based programs in either the consumer or the commercial space. It’s the wave of the future, probably a welcome invitation to tech innovators.

49. WISCONSIN: Wisconsin does not require a license for commercial lenders, lessors or brokers. Mortgage brokers need licenses. In addition, a Loan Company License  is required of any company, partnership or sole proprietor that does business under the consumer law Section 138.09; Wis. Stats. (2013); charges interest authorized by consumer law Section 138.09(7) Wis. Stats. (2013); or assesses a finance charge on a consumer loan in excess or 18% per year. Banks, savings banks, savings and loan associations, trust companies, credit unions or any of their affiliates do not need this license. The statute is long and complicated. A link to it is below.

Wisconsin Licensed Lenders Statute
https://docs.legis.wisconsin.gov/statutes/statutes/138/09 (2013)

50. WYOMING: Wyoming does not require a license for commercial lending, leasing or brokering loans or leases. Mortgage lenders and brokers must be licensed. Wyoming Statute 40-23-104 (2020). Consumer lenders do need licenses. Consumer lenders are persons that regularly engage in extending consumer credit by originating consumer loans or taking assignment of the non-servicing rights related to consumer loans that are not in default. Persons holding this license can also engage in the business of “sales financing,” which is providing financing on behalf of sellers or lessors or taking by assignment the non-servicing rights against debtors arising from consumer credit sales or consumer leases which at the time of assignment the buyer or lessee is not in default. Entities must be properly licensed if business is conducted in Wyoming at a physical location in the state or with consumers in Wyoming through other means such as telephone, mail, internet, etc. Wyo. Stat. § 40-14-634 (2020)

Wyoming Uniform Consumer Credit Code
https://law.justia.com/codes/wyoming/2020/title-40/chapter-14/article-6/ (2020)

51. WASHINGTON, D.C.: Washington D.C. does require licensing for lenders and brokers. Code of the District of Columbia §26-912 (1987). There are, however, significant exemptions, which will be relevant to the commercial finance industry, to wit:

1. No provision of this chapter shall apply with respect to any loan, or to the making of any loan:

- To any corporation which is unable to plead any statutes against usury in any action; (Author’s note: this includes LLC’s)
 . . .

- Secured on real estate located outside of the District of Columbia;

- To a borrower residing, doing business, or incorporated outside of the District of Columbia; or

- Greater than $25,000.

If you do not meet one of the foregoing criteria, you will need a license only if the rate of interest is greater than 6% per annum.

Mortgage lenders and brokers do need a license.

52. PUERTO RICO: As one might expect, Puerto Rico has a different set of laws. In Puerto Rico, the system of law functions within the U.S. federal law system framework; however, it is based on the basics of the Spanish civil code. Yet, it is highly consistent with most state law, particularly in the area of finance licensing and regulation.

The basic licensing laws resemble those of the 50 states. No license is required in Puerto Rico for commercial lending, leasing, or brokering loans or leases. Mortgage brokers need licenses. P.R. Laws Title 7 §3055 et seq. (2019). Payday loans are illegal.

(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
Segment 8 – 08/16/21
Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina https://leasingnews.org/archives/Aug2021/08_16.htm#license
Segment 9 - 08/23-21
South Dakota, Tennessee, Texas, Utah and Vermont
https://leasingnews.org/archives/Aug2021/08_23.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

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Help Wanted Ads

Use Technology, Don't Fight it!

Sales Makes it Happen by Scott Wheeler, CLFP

Do not view technology as disrupting the commercial equipment leasing and finance sales industry. Companies are introducing advanced technological platforms to improve the client experience. Many originators incorrectly perceive these changes as operational decisions, management's responsibilities, or some futuristic challenge that doesn't affect their world or their business opportunities. Technology is changing the sales and marketing processes right now.

Your competitors are implementing new origination processes to better compete for your customers and adding greater value to the process for their customers. Sales professionals are participating in the customization of these platforms. These originators are technologically plugged in to the "real" world of competing for the best clients with advanced processes which distinguish them from all other competitors.
The time for excuses has passed. Top originators are becoming adopters of new technology. They are using the new software programs available to full capacity.
Top producers are helping to develop new processes to gain better efficiencies within the sales process and the operational process. Technology is not just an operational concern - it is a sales necessity. Top producers are:

• Using their CRM systems at 80% to 95% capacity, not the normal 25% to 50% range that average originators use
• Advocating for efficient online portals
• Promoting e-documents
• Helping to develop A.I. criteria to mine for better databases
• Using technology to enhance internal and external communication
• Embracing technology
• Early adopters of technology to improve their personal value propositions.

The best sales technology is conceived in the field by an originator that understands the challenges and is willing to help develop solutions which will improve their value.

Scott A. Wheeler, CLFP
Wheeler Business Consulting
1314 Marquis Ct.
Fallston, Maryland 21047
Phone: 410 877 0428
Fax: 410 877 8161
Email: scott@wheelerbusinessconsulting.com
Web: www.wheelerbusinessconsulting.com

Sales Makes it Happen articles:
http://www.leasingnews.org/Legacy/index.html

 

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Certificate of Insurance for Lease or Loan
By Terry Winders

Most leasing and finance companies have the ability to secure insurance when their borrower or Lessee does not renew their insurance, or have proper insurance to begin with; many have let it lapse.  Alternate Finance companies don’t seem to be concerned about the situation. it is not only the loss of the collateral but as well the liabilities that may be involved or claimed by the debtor or other parties. Continuation of insurance coverage should not be overlooked.

A properly executed insurance certificate carries the names and addresses of both the agency coordinating the insurance coverage’s and the insurance companies issuing them. The certificate must also clearly state the name(s) of the primary insured party (the Lessee or debtor), with the Lessor or Lender identified as loss payee (for property coverage) and additional insured (for liability). In addition, the insurance coverage amounts, policy numbers, a complete description of the asset(s) covered, cancellation notification stipulation, and the date of insurance issuance should all be clearly stated on the certificate.

It is important that the as Asset Owner or Creditor requires at least 30 days’ notice from the insurance company of any pending insurance policy cancellation. This allows enough time to prevent any lapse in coverage should the issuing company decide to cancel the policy. The usual reason for cancellation is nonpayment of premium. Notification of impending cancellation could signify deterioration of the Lessee’s or creditor’s financial condition, a situation of utmost importance to any Lessor or lender. A wise funder must be as concerned about the credit ratings and paying habits of his customers as he is about insuring the assets under a contract agreement.

For the same reasons, the Lessor or Lender should also require notification of non-renewal of the policy as well as cancellation. If the receiving notification of non-renewal, the policy should be to immediately contact the client to make certain new coverage is provided.

Pre-Commencement and Termination

The lease or loan agreement should require the user to place insurance coverage on the asset upon possession and not upon acceptance. The period of time it takes to uncrate, assemble, and test the asset prior to acceptance could run into weeks or a few months. A proper insurance requirement states that insurance is due upon taking possession and payment is due upon acceptance. This will protect the Lessor or Lender during the acceptance phase of the agreement.  In most policies, this is spelled out. I had one instance where a printing press was being unloaded from the truck for delivery and slipped from the forklift to the ground, breaking it into several pieces. The dispute then was between the owner of the forklift, the neighbor of the party to accept the printing equipment, the trucking company, and the party receiving the printer.  It went to court, who found the vendor of the printer was responsible for choosing the trucking firm, the fork lift, and the equipment had not been delivered, therefore not accepted.  But all parties paid their own attorney and court fees.

The requirement for insurance should also require the insurance be in force until the asset is returned or purchased at Termination. This includes any additional time after the lease terminates and rent is not due but the asset is being transported to the location stated by the Lessor. This is also true regarding vehicles.

If the Lessor decides to recover the asset at termination or due to early termination, or repossession in a default, then it is the Lessor’s responsibility to provide its own insurance coverage. Also the method of transport and by who will impact the amount of the premium required by the insurer.

Occasionally, a Lessor believes the return of the asset, if handled by Lessor employees, will to be covered by the current umbrella liability coverage and this is usually not the case. The insurer for the Lessor should be contacted to discuss all issues about insurance on off lease assets.

Additional Language

In the insurance paragraph, the company must allow the lessor or lender to purchase insurance and bill the lessee or debtor for the cost, if the insurance binder is not in place at the time of equipment delivery or the insurance lapses during the lease term. The paragraph must require notification if the lessee changes insurance carriers to prevent the lessors or lender purchasing replacement insurance. Thus many leasing companies have an insurance ability, whereas many Alternate Financing companies believe they are only the creditor and not responsible for the debtor not having insurance on the collateral.

Coda:
This information is still current.  Terry Winders retired January, 2015 at the age of 72. He has been an author, banker, columnist, consultant, lease salesman, teacher for 51 years. He started writing his #102 column in Leasing News August 7, 2006.  He has written 850 columns (including “Sales Makes it Happen.”

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Top Ten Leasing News
August 23 to August 27

(Top stories opened by readers)

(1) Dear Parents....
Advice
https://leasingnews.org/archives/Aug2021/08_23.htm#advice

(2) Cash flow is…
Placard
https://leasingnews.org/archives/Aug2021/08_27.htm#cash

(3) New Hires/Promotions in the Leasing Business
and Related Industries
https://leasingnews.org/archives/Aug2021/08_27.htm#hires

(4) Putting the Sales Cart in Front of the Credit Horse
By Jim Acee
https://leasingnews.org/archives/Aug2021/08_23.htm#putting

(5) This simple trick can help you find cheaper airfare,
according to Scott’s Cheap Flights founder
https://leasingnews.org/archives/Aug2021/08_23.htm#simple

(6) License and Registration United States
  By Kenneth C. Greene, Attorney
    Segment 9
South Dakota, Tennessee, Texas, Utah and Vermont
https://leasingnews.org/archives/Aug2021/08_23.htm#license

(7) McDonald’s possible dining room of the future makes its
debut Aug. 31 at Elgin restaurant on Larkin Avenue
https://www.chicagotribune.com/suburbs/elgin-courier-news/ct-ecn-bear-mcdonalds-elgin-remodeling-history-st-0822-20210821-qppud7v5pvbofbwlhtiif3lvgi-story.html

(8) Which Companies Belong to the
Trillion Dollar Club?
https://leasingnews.org/archives/Aug2021/08_25.htm#which

(9) The Complaint Process for Leasing and Finance Associations
AACFB, CLFP, ELFA, NEFA
https://leasingnews.org/archives/Aug2021/08_27.htm#process

(10) ELFA Reports July New Business
Down from June, 2021 but Up from July, 2020
https://leasingnews.org/archives/Aug2021/08_25.htm#elfa

Many of our past attendees may already have the AACFB Events app downloaded on their phones. This will be one of the portals for in-person and virtual-only attendees to be able to view educational sessions, access exhibitor and sponsor information, and interact with one another via the activity stream. The app will also be available in an online format.

In-person attendees will have access to both on-site activities and virtual opportunities. If an in-person attendee would prefer to sit in on an educational session virtually, they will have that option. PLUS - The sessions will be recorded, which solves the age-old dilemma of not being able to attend all of the concurrent sessions.

For those who choose the Virtual-Only option, the cost of registration is only $150 per person!

For our in-person attendees, the following safety protocols will be in place, in addition to the Hyatt's stringent cleaning practices. We also encourage our attendees to take preventative measures before, during, and after the event and to review personal safety practices.

Other protocols maybe implemented as necessary per CDC guidelines:

• Individual hand sanitizer bottles for each attendee
• Disposable face masks
• Socially distanced meeting rooms
• Attendant-served food stations (no buffets)
• To-go items in single serve containers
• Comfort Level Stickers - Attendees indicate their comfort level with social interaction so other attendees can respect their physical distancing preferences.
• Contract tracing surveys following the event
• Attendance is strong and we look forward to welcoming both in-person and virtual attendees to the conference!

2021 ANNUAL CONFERENCE EXHIBITORS

1st Commercial Credit, LLC
4 Hour Funding
360 Equipment Finance
AACFB Benefits - Featuring Business Credit Reports
American Capital Group
American Lease Insurance
Amur Equipment Finance
Balboa Capital
Bankers Capital
Banleaco
Baystone Government Finance/KS StateBank
Blue Bridge Financial LLC
C.H. Brown Co. LLC
Celtic Bank
Channel Partners Capital
CLFP Foundation
Commercial Funding Partners LLC
Equipment Leasing Group of America, LLC (ELGA)
FileInvite
Financial Pacific Leasing, Inc.
First Business Bank
First Federal Leasing
Firstlease
GetBackd
Global Financial & Leasing Services LLC
Gulf Coast Business Credit, a Division of Gulf Coast Bank & Trust Co.
instaCOVER
JB&B Capital, LLC
Marlin Capital Solutions
Meridian Equipment Finance
Navitas Credit Corp.
NCMIC/Professional Solutions
NewLane Finance
NFS Leasing
North Mill Equipment Finance LLC
North Star Leasing
Orange Commercial Credit
Paradigm Equipment Finance
Pawnee Leasing Corporation
Platinum Filings, LLC
Providence Equipment Finance, a Division of Providence Bank & Trust
Q2 Business Capital
Quality Leasing Co., Inc.
ROK Financial
SLIM Capital LLC
TradeRiver USA, Inc.
VFI Corporate Finance
Y.E.S. Leasing

General Information/Agenda/Registration/Hotel & Travel
https://annualconference.aacfb.org/agenda/full-agenda2

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German Shepherd Mix
Roseville, California  Adopt-a-Dog

Kayce

Pet ID: 47713360
Female
Black
54 lbs.
Spayed
Adoption Price: $250

Kayce is a happy and healthy young lady that is ready to learn and find her new family. She is a very smart girl and will need a family that will continue her training. She is working every day to become the best dog she can be and learning manners is had but important part of that. Kayce can be a little overwhelming to other dogs and small children so she is looking for a home with other dogs that can take her rough play style and teenage or adult only home. Before meeting her new family will have a talk with our behavior team to make sure everyone is on the same page.

Placer SPCA - Tahoe
200 Tahoe Avenue
Rosevile, Ca.
customercare@placerspca.org
(916-782-7722 ext. O
http://www.placerspca.org

Application:
https://placerspca.org/wp-content/uploads/2020/05/Companion-Request-Formv3.pdf

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Broker Fair New York City December 6, 2021
Be There or Be Square

Whether you're a funder, lender, broker, service provider, or FinTech company, deBanked has something for everyone in a city near you.

Broker Fair is the largest gathering of MCA and business loan brokers in the country. Focused on commercial finance and small business lending alike, this exclusive one-day event offers brokers, lenders, funders, and service providers education, inspiration, and opportunities to connect and grow their business.

Presented by DeBank.com. Leasing News can testify they sell out well in advance.

Registration:
https://brokerfair.org/register/

News Briefs---

There's still 'billions of dollars in relief' available
    for small businesses: SBA administrator
https://www.yahoo.com/finance/news/small-business-relief-sba-150038180.html

EU Set to Recommend Halting Nonessential
Travel From the U.S.
https://www.wsj.com/articles/eu-set-to-recommend-halting-nonessential-travel-from-the-u-s-11630270180?mod=hp_lead_pos1

Amazon-backed Rivian Reportedly Seeks
Valuation of Up to $80B in IPO
https://nypost.com/2021/08/27/rivian-reportedly-seeks-valuation-of-up-to-80b-in-ipo/

https://www.cnn.com/2021/08/27/health/teacher-covid-students/index.html

 

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You May Have Missed---

How to Get Quality Leads on LinkedIn
    Ceoworld.biz
https://ceoworld.biz/2021/08/28/how-to-get-quality-leads-on-linkedin/

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Sports Briefs---

The QB shuffle: 49ers rotate Garoppolo and Lance
    freely in preseason romp over Raiders
https://www.sfchronicle.com/sports/49ers/article/The-QB-shuffle-49ers-rotate-Garoppolo-and-Lance-16420209.php

Jacksonville Jaguars QB Trevor Lawrence sparks
first-team offense with near-perfect preseason finale
https://www.espn.com/nfl/story/_/id/32110306/jacksonville-jaguars-qb-trevor-lawrence-sparks-first-team-offense-perfect-preseason-finale

Patriots broadcaster Scott Zolak apologizes for comments
about Cam Newton being distracted by rap music
https://www.usatoday.com/story/sports/nfl/patriots/2021/08/29/broadcaster-scott-zolak-apologizes-cam-newtwon-rap-music-comments/5645241001/

A’s Howard Terminal project hits another delay
with Alameda County pushing off key vote
https://www.eastbaytimes.com/2021/08/28/as-howard-terminal-project-hits-another-delay-with-alameda-county-pushing-off-key-vote/

New Orleans Saints move practice to home
of Dallas Cowboys after Ida evacuation
https://www.dallasnews.com/sports/cowboys/2021/08/29/new-orleans-saints-move-practice-to-home-of-dallas-cowboys-after-ida-evacuation/

Baltimore Ravens lose RB J.K. Dobbins
for season because of ACL tear
https://www.usatoday.com/story/sports/nfl/ravens/2021/08/29/jk-dobbins-knee-injury-ravens-torn-acl/5642136001/

The future of U.S. Olympics endangered
by NCAA's multisport meltdown
https://www.sfchronicle.com/sports/annkillion/article/The-future-of-U-S-Olympics-endangered-by-16418748.php

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California Nuts Briefs---

In Los Angeles, price for admission at nation’s second-largest
    school district is a negative COVID test — every single week
https://www.washingtonpost.com/education/2021/08/29/los-angeles-school-testing/

South Lake Tahoe prepares to evacuate
if Caldor Fire makes a run toward city
https://www.sfchronicle.com/california-wildfires/article/South-Lake-Tahoe-prepares-to-evacuate-if-Caldor-16418715.php

One housing project has turned into an epic San Francisco   
      battle. The real enemy is city red tape
https://www.sfchronicle.com/sf/bayarea/heatherknight/article/One-housing-project-has-turned-into-an-epic-San-16417714.php

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“Gimme that Wine”

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

California Wine Grape Crop Looks Light
https://www.winebusiness.com/news/?go=getArticle&dataId=250511

Dan Berger on Wine, 50 Years at Dry Creek
https://napavalleyregister.com/wine/dan-berger-on-wine-50-years-at-dry-creek/article_563c8e96-d735-51aa-aa32-b02471a28ddb.html

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

     1637 - The first Synod was held at Mr. Shepard's church, Cambridge (then Newtowne), Massachusetts to condemn the preaching of Anne Hutchinson, the first female religious leader in the American colonies. Eight-two errors in her teachings were enumerated and condemned. The synod adjourned on September 22, 1637. Hutchinson was bought to trial on the strength of this condemnation and was exiled from the Massachusetts Bay Colony. Moving the following year to Rhode Island, then to New York, Anne and her family were killed by Indians in 1643.
    1645 - Dutch and Indians signed peace treaty in New Amsterdam (NY). 
    1770 - Anglican clergyman and hymn writer John Newton wrote in a letter: 'The exercised and experienced Christian, by the knowledge he has gained of his own heart and the many difficulties he has had to struggle with, acquires a skill and compassion in dealing with others.’
    1776 - A few days before, in the Battle of Long Island, N.Y., American forces commandeered by Gen. Israel Putnam and Gen. John Sullivan were defeated by the British under Gen. Sir William Howe and Gen. Sir Henry Clinton. Howe took Gen. Sullivan prisoner. On Aug 30, the Americans evacuated Long Island and crossed to Massachusetts. General Washington took advantage of a heavy fog to evacuate Long Island after a defeat. Adverse winds kept the British fleet from intervening.
    1778 - American forces withdrew from Rhode Island after an unsuccessful attempt, led by John Sullivan, to recapture Newport from the British.  In New Hampshire, a band of four hundred men, suddenly assembling in arms, and conducted by John Sullivan, an eminent lawyer and a man of great ambition and intrepidity, gained possession by surprise of the castle of Portsmouth, and confined the royal garrison till the powder-magazine was ransacked and its contents carried away.  Extremely controversial in his day, Somersworth's John Sullivan became the first "president" of New Hampshire. He served three terms in the role we now call governor. Sullivan cut his teeth as a young lawyer in Portsmouth, NH and became the first attorney in Durham. His goal in life was to be wealthy and his litigious pursuit of debtors in his hometown led to angry mobs surrounding his house. He served courageously, some say brazenly, in Revolutionary War battles, though he had been a friend of exiled British NH governor John Wentworth, whom he later replaced. Captured by the British, Sullivan became a courier between the two sides for which he was severely criticized. Sullivan joined the Seacoast NH uprising at Fort William and Mary in 1774, then served in a number of failed battles. George Washington was not fond of Sullivan, but called on him often. Major General Sullivan was among the troops at Quebec, and a leader at Trenton, Brandywine and Germantown. Washington called on him again in 1779 to literally wipe out all Native American settlements that threatened colonists in New York and Pennsylvania. Sullivan's March, as it was called, devastated Indian populations there as his troops destroyed all native housing and crops. He served in both the first and second Continental Congress. After the war, he returned to his law practice and was made a federal judge, though he was often too ill, often from alcohol, to serve. The NH town and county of Sullivan are among the many places dedicated in his name.
    1780 - General Benedict Arnold betrayed the US when he promised secretly to surrender the fort at West Point to the British army. Arnold, whose name has become synonymous with traitor, fled to England after the botched conspiracy. His co-conspirator, British spy Major John Andre, was hanged.
    1781 - The French fleet of 24 ships under Comte de Grasse arrived in the Chesapeake Bay to aid the American Revolution. The fleet defeated British under Admiral Graves at battle of Chesapeake Capes.
    1800 - African-American Gabriel Prosser's major slave revolt is disclosed by Mosby Sheppard’s two slaves Tom and Pharoah, who told him of the plot. Virginia Governor Monroe, who had heard earlier plans of slaves making swords, bullets, and organizing for an attack on Richmond, realizing secrecy was now impossible and worried others would join Prosser, acted quickly and openly. He appointed three aides for himself, asked for and received the use of the federal armory at Manchester, posted cannon at the capitol, called into service well over six hundred and fifty men, and gave notice of the plot to every militia commander in the State.  As a contemporary declared, “…upon that every evening just about Sunset, there came on the most terrible thunder accompanied with an enormous rain, that I ever witnessed in this State. Between Prosser's and Richmond, there is a place called Brook Swamp which runs across the high road, and over which there was a bridge. By this, the Africans were of necessity to pass, and the rain had made the passage impracticable.”
Nevertheless about one thousand slaves, some mounted, armed with clubs, scythes, home-made bayonets, and a few guns, did appear at an agreed-upon rendezvous six miles outside the City but, as already noted, attack was not possible, and the slaves disbanded.  Over the next few days, the mobilized might of an aroused slave State went into action and scores of Negroes were arrested. Gabriel had attempted to escape via a schooner, Mary, but when in Norfolk on September 25, he was recognized and betrayed by two Negroes, captured, and brought back, in chains, to Richmond. He was quickly convicted and sentenced to hang, but the execution was postponed until October 7, in the hope that he would talk. James Monroe personally interviewed him, but reported, "From what he said to me, he seemed to have made up his mind to die, and to have resolved to say but little on the subject of the conspiracy." Along with Gabriel, fifteen other rebels were hanged on the seventh of October. Twenty-one were reported to have been executed prior to this and four more were scheduled to die after October 7. A precise number of those executed cannot be given with certainty, but it appears likely that at least thirty-five Negroes were hanged, four condemned slaves escaped from prison (and no reference to their recapture has been seen), while one committed suicide in prison.  The chasm between slave owners and their “property” widen with both becoming extremely “fearful” of each other. As Dr. Martin Luther King, Jr. was to point out in the next century, “violence begets violence.”
http://www.blackhistory.eb.com/micro/223/96.html
http://www.co.henrico.va.us/rec/gabriel.htm
    1813 - Creek Indians massacred over 500 whites at Fort Mims Alabama. 
    1820 - Birthday of George F. Root (d. 1895), Sheffield, MA.  American sacred music editor and composer. Root helped edit 75 musical collections, as well as composing several hundred original sacred melodies. One of these, “JEWELS,” is the tune to which is commonly sung the hymn, "When He Cometh."
    1838 - The first African-American magazine, “Mirror of Freedom,” begins publication in New York City.
    1839 - A hurricane moved from Cape Hatteras, NC to offshore New England. An unusual feature of the hurricane was the snow it helped produce, which whitened the Catskill Mountains of New York State. Considerable snow was also reported at Salem, NY.
    1850 - Honolulu was incorporated as a city.
    1856 - Wilberforce University was established in Xenia, Ohio under auspices of the Methodist Episcopal Church. In 1863, the university was transferred to the African Methodist Episcopal (AME) Church.
    1862 - At the Second Battle of Bull Run, the maneuvers of Gen. Stonewall Jackson and his teamwork with Gen. Lee were too much for the 45,000 Union troops under Gen. John Pope, who broke and retreated to Washington, D.C. Union losses were 1724 killed, 8372 wounded, 5958 missing. Confederate losses stood at 1481 killed, 7627 wounded, 89 missing. It is believed the almost 6,000 soldiers missing deserted and fled from the army. 
http://memory.loc.gov/ammem/today/aug30.html
((http://lcweb2.loc.gov/cgi-bin/query/r?ammem/cwar:@field
(NUMBER+@band(cwp+4a40399 ))
http://memory.loc.gov/ammem/today/jan21.html
    1890 - Congress approved the inspection of meat. It provided for the inspection of salted pork, bacon intended for export, and export swine, cattle, sheep, and other ruminants, due primarily to complaints of foreign buyers. It did not apply to meat in the United States. Importers of American meat were objecting to not only the quality, but to the “disease” brought by American meat products. Upton Sinclair's book, “The Jungle,” 1905, exposed the horror of meat packing in Chicago, which led the Pure Food and Drug Act and inspection of meat facilities and quality standards.
    1893 - Frances Folsom Cleveland, Mrs. Grover Cleveland, was the first First Lady to have a baby at the White House when she gave birth to a baby girl, Esther.  The first child ever born in the White House was a granddaughter to Thomas Jefferson in 1806.
    1893 – Birthday of the Kingfish, Huey P. Long (d. 1935), Winnfield, AL.  Longtime titan of Louisiana politics, elected governor in 1928 and US Senator in 1930.  Dictatorial and flamboyant, Long became a presidential hopeful with his promise of “Share Our Wealth: Every Man a King” plan that would have guaranteed every family $5000 a year, confiscated personal annual income over $1 million, and inheritances over $5 million.  He was a populist southern Democrat who rose to national prominence during the Great Depression for his vocal criticism of President Franklin D Roosevelt and his New Deal, which Long deemed not radical enough. As the 1936 election approached, the Roosevelt Administration grew increasingly concerned by Long's popularity. On September 8, 1935, Long traveled to the State Capitol to pass a bill that would gerrymander the district of opponent Judge Benjamin Pavy, which he had held for 28 years.  After passage of the bill effectively removing Pavy, Pavy's son-in-law, Carl Weiss, approached Long, and, according to the generally accepted version of events, fired a single shot with a handgun from four feet away, striking Long in the torso. Long's bodyguards then fired at Weiss with their pistols, killing him. An autopsy found Weiss had been shot at least 60 times.  Evidence later surfaced that suggests Long was accidentally shot by his bodyguards. Proponents of this theory assert Long was caught in the crossfire as his bodyguards shot Weiss and a bullet that ricocheted off the marble walls hit him.     
1894 - Independent Christian evangelist and educator Bob Jones, Sr. was converted at age 11 to a vital Christian faith. Licensed to preach by the Methodists at 15, Jones maintained a lifelong fundamentalist view of the Bible. In 1926, at age 32, he founded Bob Jones University.
    1901 - Birthday of Roy Wilkins (d. 1981), grandson of a Mississippi slave, St. Louis, MO. Civil rights leader, active in the National Association for the Advancement of Colored People (NAACP), retired as its executive director in 1977. 
http://www.tccom.com/wilkins/
    1905 – Ty Cobb made his Major League debut with a double off New York Highlander Jack Chesbro.  He finished with 4,191 hits, second-most in history.
    1907 - Birthday of actress Shirley Booth, born Marjory Ford (d. 1992), Brooklyn. She won the 1950 Tony award for her work in “Come Back Little Sheba” and the 1953 Tony for “Time of the Cuckoo.” Her later years were spent as Hazel on the TV sitcom of the same name.
    1908 - Birthday of singer-leader Willie Bryant (d. 1964), New Orleans, LA. Once employed Ben Webster, Benny Carter, Teddy Wilson, and many others.  As a disc jockey, he was known as the "Mayor of Harlem.”
    1918 - Birthday of Baseball Hall of Fame outfielder, Theodore Samuel “Ted” Williams (d. 2002), San Diego, CA.  He played his entire 19-year Major League career as the left fielder for the Boston Red Sox from 1939 to 1960, excepting service time during World War II and the Korean War, as a Marine fighter pilot.  Nicknamed "The Kid," "The Splendid Splinter," "Teddy Ballgame," "The Thumper," and "The Greatest Hitter Who Ever Lived," Williams is regarded as one of the greatest players in baseball history.  Williams was a seventeen-time All-Star, a two-time AL MVP, a six-time AL batting champion, and a two-time Triple Crown winner. He finished his playing career with a .344 batting average, 521 home runs, and a 0.482 on-base average, the highest of all time. His batting average is the highest of any MLB player with 302 or more home runs.  In 1957 and 1958 at the ages of 39 and 40, respectively, he was the AL batting champion for the fifth and sixth time.  He was inducted into the Baseball Hall of Fame in 1966, in his first year of eligibility.  In his induction speech, Williams included a statement calling for the recognition of the great Negro Leagues players: "I've been a very lucky guy to have worn a baseball uniform, and I hope someday the names of Satchel Paige and Josh Gibson in some way can be added as a symbol of the great Negro players who are not here only because they weren't given a chance."  This powerful and unprecedented statement from the Hall of Fame podium was "a first crack in the door that ultimately would open and include Paige and Gibson and other Negro League stars in the shrine."  Paige was the first inducted in 1971. Gibson and others followed, starting in 1972 and continuing off and on into the 21st Century.
    1924 - Trumpet player Kenny Dorham was born McKinley Howard "Kenny" Dorham (d. 1972), Fairfield, TX.
http://www.jazztranscriptions.com/dorhambio.html
http://members.tripod.com/~hardbop/dorham_discography.html
    1935 – Birthday of singer John Phillips (d. 2001), Parris Island, SC. Lead singer of The Mamas and The Papas: “Monday Monday,” “California Dreamin',” “Creeque Alley;” songwriter: “California Dreamin',” “San Francisco [Be Sure to Wear Flowers in Your Hair];”  actress MacKenzie Phillips' father.  The Mamas and The Papas were inducted into the Rock ‘n’ Roll Hall of Fame in 1998 and the Vocal group Hall of Fame in 2000. 
    1943 - WALSH, KENNETH AMBROSE, Medal of Honor
Rank and organization: First Lieutenant, pilot in Marine Fighting Squadron 124, U.S. Marine Corps. Place and date: Solomon Islands area, 15 and 30 August 1943. Entered service at: New York. Born: 24 November 1916, Brooklyn, N.Y. Other Navy awards: Distinguished Flying Cross with 5 Gold Stars. Citation: For extraordinary heroism and intrepidity above and beyond the call of duty as a pilot in Marine Fighting Squadron 124 in aerial combat against enemy Japanese forces in the Solomon Islands area. Determined to thwart the enemy's attempt to bomb Allied ground forces and shipping at Vella Lavella on 15 August 1943, 1st Lt. Walsh repeatedly dived his plane into an enemy formation outnumbering his own division 6 to 1 and, although his plane was hit numerous times, shot down 2 Japanese dive bombers and 1 fighter. After developing engine trouble on 30 August during a vital escort mission, 1st Lt. Walsh landed his mechanically disabled plane at Munda, quickly replaced it with another, and proceeded to rejoin his flight over Kahili. Separated from his escort group when he encountered approximately 50 Japanese Zeros, he unhesitatingly attacked, striking with relentless fury in his lone battle against a powerful force. He destroyed 4 hostile fighters before cannon shellfire forced him to make a dead-stick landing off Vella Lavella where he was later picked up. His valiant leadership and his daring skill as a flier served as a source of confidence and inspiration to his fellow pilots and reflect the highest credit upon the U.S. Naval Service. 
    1949 - Top Hits
“You're Breaking My Heart” - Vic Damone
“Room Full of Roses” - The Sammy Kaye Orchestra (vocal: Don Cornell)
“Some Enchanted Evening” - Perry Como
“I'm Throwing Rice (At the Girl that I Love)” - Eddy Arnold
    1952 - Captain Leonard W. Lilley of the 4th Fighter Interceptor Wing scored his first aerial victory. He went on to become an F-86 Sabre ace.
    1956 - White mob prevents enrollment of blacks at Mansfield High School, Texas, as school busing and desegregation comes to major conflicts across the nation.
http://www.tsha.utexas.edu/handbook/online/articles/view/MM/jcm2.html
    1957 - Top Hits
“Love Letters in the Sand” - Pat Boone
“Tammy” - Debbie Reynolds
“Whole Lot of Shakin' Going On” - Jerry Lee Lewis
“(Let Me Be Your) Teddy Bear” - Elvis Presley
    1959 - Bobby Darin's "Mack the Knife" debuts on the pop charts. The song from the "Three Penny Opera" will be Darin's biggest hit.
    1961 - No. 1 Billboard Pop Hit: "Michael," the Highwaymen. The five members were all freshmen from the same fraternity at Wesleyan University at Middletown, Conn. The song debuts at No. 100 on the Hot 100.
    1961 - 24-year-old Gene Chandler records "Duke of Earl" for Vee Jay Records. It will become the label's first number one and first million seller next February. 
    1962 - A presidential hot line was installed between the White House, Washington, DC, and the Kremlin, Moscow, during the administration of President John F. Kennedy.
    1963 - Two months after signing an agreement to establish a 24-hour-a-day "hot line" between Moscow and Washington, the system goes into effect. The agreement came just months after the October, 1962 Cuban missile crisis, in which the United States and Soviet Union came to the brink of nuclear conflict. 
    1965 - No. 1 Billboard Pop Hit: "Help!" The Beatles. The song is released in the U.S. two weeks before the film "Help!" opens in New York.
    1965 - Top Hits
“I Got You Babe” - Sonny & Cher
“Help!” - The Beatles
California Girls - The Beach Boys
“Yes, Mr. Peters” - Roy Drusky & Priscilla Mitchell
    1965 – Casey Stengel’s Hall of Fame managing career ended when he resigned as manager of the New York Mets on doctors’ orders.  Stengel managed 25 years in the Majors, highlighted by 10 World Series championships with the New York Yankees in the 1940s-1950s.
    1967 – Thurgood Marshall was confirmed as the first African-American Justice on the Supreme Court.
    1968 - The Beatles' "Hey Jude" is released.
    1968 - The Democratic Convention comes to an end. Reportedly Chicago's Finest invade McCarthy's headquarters, dragging staffers from their beds and beating them. CBS TV-anchor Walter Cronkite tells prime-time television viewers, "I want to pack my bags and get out of this city." On August 29, Vice President Hubert H. Humphrey was nominated for president and Senator Edmund S. Muskie of Maine was named the vice-presidential candidate. The convention, which began August 26, was the most violent in U.S. history. Antiwar protestors clashed with police and national guardsmen. Hundreds of people, including bystanders and members of the press, were beaten by police, some in full view of television cameras. George Wallace and Gen. Curtis E. LeMay would become third party candidates. On November 5, Richard M. Nixon would be elected president along with Spiro T. Agnew as vice president. The popular vote was Nixon 31,785,480; Humphrey, 31,275,166; Wallace 8,906,473. The actual decision was by the electoral vote with Nixon 302; Humphrey, 191 and George Wallace, 45. The Republicans gained four seats in the House, five in the Senate, although Democrats still held majorities of 58-42 in the Senate and 2453-192 in the House. The Republicans gained five governorships in the election.
    1972 - John Lennon and Yoko Ono were joined by Stevie Wonder, Roberta Flack and Sha Na Na at a fund-raising concert for the One To One charity at New York's Madison Square Gardens. Several of the performances were later included on Lennon's, "Live in New York City" album. 
    1973 - Top Hits
“Brother Louie” - Stories
“Live and Let Die” - Wings
“Let's Get It On” - Marvin Gaye
“Everybody's Had the Blues” - Merle Haggard
    1974 - The last episode of the regular TV series “The Brady Bunch.” The first show was aired September 26, 1969, starring Robert Treed as widower Mike Brady who has three sons and is married to Carol, played by Florence Henderson, who has three daughters.  Housekeeper Alice was played by Ann B. Davis, Sons Greg (Barry Williams), Peter (Christopher Knight) and Bobby (Mike Lookinland) and daughters Marcia (Maureen McCormick), Jan (Eve Plumb) and Cindy (Susan Olsen) experienced the typical crises of youth. The programs steered clear of social issues and portrayed childhood as a time of innocence. The program continues to be very popular in reruns in after-school time slots. There were also many spin-offs: “The Brady Kids,” (1972-74), a Saturday morning cartoon, ”The Brady Bunch Hour” (1976-88), a variety series, “The Brady Brides,” (1981), a sitcom about the two older daughters adjusting to marriages and the “Bradys” (1990), a short-lived dramatic series. “A Very Brady Christmas” (1988) was CBS's highest rated special for the season. In 1995, “The Brady Bunch Movie” appealed to fans who had watched the program 25 years before.
    1975 - James Taylor's "How Sweet It Is (To Be Loved by You)" peaks at #5 on the pop singles chart.
    1975 - KC and the Sunshine Band's "Get Down Tonight" tops the Billboard chart.
    1975 - Orleans enters the Billboard Hot 100 for the first time with "Dance with Me," which would climb to #6. They would return a year later with "Still the One" (#5) and again in 1979 with "Love Takes Time" (#11).
    1980 - Pat Benatar's "You Better Run" peaks at #42 on the pop singles chart.
    1989 - Billy Joel fired his manager and former brother-in-law Frank Weber after an audit revealed discrepancies. Joel later took him to court and sued for $90 million. 
    1981 - Top Hits
“Endless Love” - Diana Ross & Lionel Richie
“Slow Hand” - Pointer Sisters
“Stop Draggin' My Heart Around” - Stevie Nicks with Tom Petty & The Heartbreakers
“(There's) No Gettin' Over Me” - Ronnie Milsap
    1981 - Jockey Bill Shoemaker rode John Henry to a nose victory to win the inaugural running of the Arlington Million, the first $1 million horse race, at Arlington Park in Illinois.
    1982 - A tropical depression brought torrential rains to portions of southern Texas. Up to twelve inches fell south of Houston, and as much as eighteen inches fell southeast of Austin. The tropical depression spawned fourteen tornadoes in three days. (David Ludlum) Record cold gripped the northeastern U.S. Thirty-one cities in New England reported record lows, and areas of Vermont received up to three inches of snow
    1983 - Colonel Guion Bluford, mission specialist on the third flight of the Space Shuttle Challenger, became the first African-American astronaut to fly in outer space.
    1986 - Steve Winwood's "Higher Love" hits #1 on the singles chart; Mick Jagger's "Ruthless People" peaks at #51 and David Lee Roth's "Yankee Rose" peaks at #16.
    1987 - Eight cities in California and Oregon reported record high temperatures for the date, including Redding, CA and Sacramento, CA where the mercury hit 100 degrees.
    1988 - Thunderstorms drenched Georgia and the Carolinas with heavy rain, soaking Columbia, SC, with 4.10 inches in three hours. Fresno, CA was the hot spot in the nation with a record high of 109 degrees. Duluth, MN tied their record for the month of August with a morning low of 39 degrees
    1989 - Top Hits
“Right Here Waiting” - Richard Marx
“Cold Hearted” - Paula Abdul
“Hangin' Tough” - New Kids on the Block
“Are You Ever Gonna Love Me” - Holly Dunn
    1990 - Paul Anka, who was born in Ottawa, Canada, is naturalized as an American citizen in Las Vegas. During the ceremony, his illegally parked car was towed away. 
    1990 - Seattle Mariners become the first Major League team to have father-son teammates, signing Ken Griffey to play with son, Ken Griffey Jr .
http://bigleaguers.yahoo.com/mlb/players/4/4305/
http://www.griffeyjr.com/ 
http://griffeyjr.com/biography
    1993 - "Late Show with David Letterman" debuted on CBS-TV. CBS remodeled the Ed Sullivan Theater (on 54th Street in New York City) for Letterman, who had just spent over a decade on NBC ("Late Night with David Letterman"). The first musical guest to appear on the new show was Billy Joel. The show first started February 1, 1982 with the top ten lists, mail bag, stupid pet tricks, participation by the TV crew, neighbors, and on the new show, this was carried forward along with surprise people in the audience such as Paul Newman with his two gun salute, Martha Stewart. The show also featured his Canadian sidekick and very popular “hip” musician Paul Shaffer.  The final show aired on May 20, 2015.  
    1994 - Top Hits
“I’ll Make Love To You” - Boyz II Men
“Stay (I Missed You) (From "Reality Bites") - Lisa Loeb
“Wild Night” - John Mellencamp with Me Shell Ndegeocello
“Fantastic Voyage” - Coolio
    1997 - The Houston Comets defeated the New York Liberty, 65-51, to win the first WNBA title. Houston was led by the new league's Most Valuable Player, Cynthia Cooper, who scored 25 points.  
1999 - Top Hits
“Bailamos” - Enrique Iglesias
“Genie In A Bottle” - Christina Aguilera
“Summer Girls” - LFO
“Unpretty” - TLC
    2000 - As Braves come to bat in the bottom of the ninth inning trailing the Reds, 4-2, a power spike causes most of the lights to go out at Turner Field causing a 12-minute delay. As the Atlanta crowd waits for play to resume it is treated to a rendition of the song, "The Night the Lights Went Out in Georgia."
    2002 - After marathon negotiation sessions to avoid a players' strike just hours away, Bud Selig announces the players’ union and owners have reached a settlement on a new four-year CBA without the need of a work stoppage. The new agreement, called 'historic' by the commissioner, gives the owners the economic restraints they wanted as the players are assured no teams will be contracted until 2007 season with a revenue sharing plan will gradually be implemented during the span of the contract.
    2002 - Bruce Springsteen fans flock to stores for the release of "The Rising," the Boss' first album with the E Street Band since 1987.
    2003 - Top Hits
“Shake Ya Tailfeather” - Nelly, P. Diddy & Murphy Lee
“Crazy In Love” - Beyonce Featuring Jay-Z
“Right Thurr” - Chingy
“P.I.M.P.” - 50 Cent
    2005 - In the long tradition of Bronx Bombers, Alex Rodriguez becomes only the second right-handed batter in Yankees history to hit 40 homers in a season. The Yankee's third baseman joins Joe DiMaggio, who hit 46 homers in 1937, the only time ‘Joltin' Joe' reached the 40 mark. 
    2011 – Vermont suffered the worst floods in 100 years.
    2014 - California passed a ban on disposable plastic grocery bags; the ban will be the first implemented across a state, though many cities across the U.S. already have such bans in place.