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The Emperor's New Disclosures Part II
By Kenneth C. Greene, Leasing News Legal Editor

I have been blessed with the unenviable and seemingly interminable task of reviewing and analyzing all of the new commercial transaction disclosure laws, which are multiplying as the New Year kicks in. Two weeks ago, Missouri jumped on the bandwagon with a one-page law requiring disclosures in commercial transactions.

Missouri SB 963 (2022):

https://www.senate.mo.gov/22info/BTS_Web/Bill.aspx?SessionType=R&BillID=71365666

If this bill passes, it will become effective on August 28, 2022. Highlights include (1) a statement of whether the provider will pay compensation directly to a broker in connection with the commercial financing product and the amount of compensation and; (2) the act does not create a private cause of action against any person or entity based upon noncompliance with this act; the Attorney General is given sole authority to enforce its provisions. That seems to be consistent with New York law but is not addressed in the California regulations or law, so this issue remains unresolved in my home state.

I’ve also recently learned that Virginia has joined the club but at the moment, only for sales-based financing.

Virginia HB 1027 (2022):

https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+HB1027+pdf

That means that, as of today, the following states have enacted or are in the process of enacting commercial transaction disclosure laws: California, New York, New Jersey, Connecticut, North Carolina, Missouri and Virginia. That’s 14% of the country. It seems patently reasonable that the states work on a uniform disclosure system, similar to the well-crafted Uniform Commercial Code, which has been adopted by all 50 states, with only minor differences in certain states.

In my opinion, the well-meaning intentions of Senator Steve Glazer, who introduced the California bill back in 2018, are running the risk of the classic “pendulum swinging too far” syndrome. Disclosure, conceptually, is an appropriate and important concept in a world seeking clarity and transparency. But remember that that world is comprised of people and companies who are also seeking financing. To the extent the disclosure obligations became too varied, onerous and expensive for brokers and lenders to understand and comply with, it can only hurt the industry and the customers who rely on it.

Ken Greene Leasing & Finance Observations
https://leasingnews.org/Pages/greene_observations.html

Ken Greene
Tel: 818.575.9095
Fax: 805.435.7464
ken@kengreenelaw.com
Alternate: kengreenelaw@outlook.com

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Equipment Leasing Offers More
 than Just Business Finance

It is a misconception to think there are only three types of leases:

1. Return the equipment (in working and satisfactory order at your expense)
2. $1.00 (Dollar out ;) a capital lease/finance
3. 10% residual (10% of the cost to lessor, not just the equipment, meaning often labor, delivery, and sales tax is included) depending on the equipment, most often still a capital lease.
4. 10% guaranteed, often called a P.U.T. Purchase upon terms.
   The lessee must pay 10%, generally if the lessor so requires, is the most often term utilized. Still considered a "capital lease."
5. Fair Market Value---This is often not spelled out regarding
   the evaluation of FMV; perhaps the dispute resolution in the contract may be the legal resolution procedure. On the street, it generally means the difference between the wholesale price and the retail price, used often in vehicle FMV determination.
   Often three dealer wholesale and retail are average to
   determine FMV.
6. There are sub-definitions that may fit this:
   A.TRAC Lease
   A lease that contains a special provision called a "terminal rental adjustment clause. The transaction looks and works like a balloon loan because the lessor transfers all residual value risk to the lessee.
   Most commonly used in the vehicle leasing FMV's, particularly if fits a "blue book" end valuation.
   B.PRO Lease
   Often considered an opened ended lease, although there are those who on certain equipment define it as requiring an extra 12 or specified payments and then abandon the equipment.
   C. This is an in-between lease, often called a Synthetic Lease, a financing agreement structured to be treated as a lease for accounting purposes, but as a loan for tax purposes.
   

In addition to these residual definitions, there are other types of leases.
* Master Lease---Increments until all equipment delivered.
**Deposit Lease---Deposit to seller of equipment, interest only until equipment delivered and accepted.

* There are skip payments without penalty plans.
* There are plans of two or more months off for season business.
* There are no payments for 60 or 90 days.

The Master Lease pays for equipment on a schedule of delivery of equipment, with the lessee paying "interest" interim rent until all the equipment is delivered and accepted, then the lease will start.

The Deposit Lease gives the seller a 25% or 50% or even 75% up-front deposit on the order. The lessee pays interim "interest" rent until all the equipment is delivered and accepted, then the lease will start.

Help Wanted Ads

 

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Top Ten Leasing News Read by Readers
January 18 to January 20

(1) Who says you can’t buy a dollar slice of pizza
   in New York City?
https://leasingnews.org/archives/Jan2022/01_20.htm#who

(2) New Hires in Friday News Edition
     The link was not active in Constant Contract
https://leasingnews.org/archives/Jan2022/01_18.htm#hires

(3) New Hires/Promotions in the Leasing Business
     and Related Industries
https://leasingnews.org/archives/Jan2022/01_20.htm#hires

(4) ELFA Provides Details on Enhanced Financial
     Disclosure Requirements in CA and NY
https://leasingnews.org/archives/Jan2022/01_18.htm#elfa

(5)  Is the Disclosure Too Complicated?
    State Senator Steven Glazer
      Position on CA SB 1235 (Part 3 of 3)
https://leasingnews.org/archives/Jan2022/01_18.htm#is

(6) GreatAmerica Financial Acquires IRH Capital
    Increases Services to Franchise Market
https://leasingnews.org/archives/Jan2022/01_20.htm#great

(7) Certified Leasing Finance Professional Foundation
    Add 14 New CLFP's
https://leasingnews.org/archives/Jan2022/01_18.htm#clfp

(8) Bobby Flay Shows Off His Pantry and His Secret
    Go-To Ingredient He Puts in 'So Many Things'
https://www.yahoo.com/entertainment/bobby-flay-shows-off-pantry-194530608.html

(9) Rising Interest Rates
    Sales Makes it Happen by Scott Wheeler, CLFP
https://leasingnews.org/archives/Jan2022/01_20.htm#rising

(10) Companies with 3 or More CLFP’s/Associates
     Updated
https://leasingnews.org/archives/Jan2022/01_18.htm#clfp2

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Leasing News Advisor
Ben Carlile

Ben Carlile
SVP Portfolio Management
Small & Mid-ticket Commercial Lending
MAXIM COMMERCIAL CAPITAL, LLC
Los Angeles, CA 90025
ben@maximcc.com
Direct: 415-737-5791 
Main: 213-480-4840 x306

Ben plays a key role in the management team at Maxim Commercial Capital, LLC, a privately-held specialty finance company located in west Los Angeles. At Maxim since January 2017, Ben has improved portfolio management performance, re-engineered key processes and facilitated executive decision-making. Notable performances to date include sharp decreases in delinquencies and losses in Maxim’s nonprime commercial transportation business.

Ben joined the Leasing News Advisory Board in 2014, bringing his 26 years of management and lease operation experience as well as his desire to provide his insight and expertise toward a good cause. Ben spent five years as an active member of the Equipment Leasing and Finance Association (ELFA) Credit and Collections Conference Planning Committee. He is a strong ethical leader with an enduring commitment to the success of our industry.

Previously, Ben was Chief Credit Officer, Managing Director and President of Allegiant Partners Inc., an independent equipment finance company started in Marin County, California. As a company board member and shareholder since 2000, Ben provided insight on strategic planning, operations, risk management, capital acquisition and other contributions to Allegiant’s success. Allegiant (now known as AP Equipment Financing) moved their headquarters to Bend, Oregon, and was acquired by Tokyo Century Corporation.     

Prior to Allegiant, Ben spent 11 years as Vice President of Credit Administration for Trinity Capital Corporation, San Francisco, California. At Trinity, he managed strong portfolio growth and performance that led to better access to capital and the launch of a successful portfolio servicing business. Trinity was acquired by Bank of the West.  

Ben and his wife Sally are empty-nesters and rosarians living in Marin County, California. 

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

Dr. Dan Geller: "But I told you so;
Cryptocurrency is the Emperor's New Clothes”

(As reported recently in Leasing News, and elsewhere, Dr. Geller warned that cryptocurrency is the Emperor's New Clothes.Editor)

 SAN FRANCISCO – Just in the last 30 days, the Fed announced that it is considering a Central Bank Digital Currency; Russia is a ban on Bitcoin, and China already prohibits use of any cryptocurrency that is not government issued. The crypto market dropped 11% on Friday and lost $200 billion in market value. If you still admire the Emperor’s new clothes, here is the reality about currency.

Never in recorded history, from biblical time to today, did any emperor, king, queen, ruler, dictator or elected president relinquished control of their currency for the simple reason that the treasury pays for the military and the military protects the hand that feeds it. Most military conflicts and conquests were done either to expand or to protect the currency and the treasury, from the early discoverers of the New World, to today’s petro-dollar conflicts.

The only way a cryptocurrency will be allowed to survive is if it is linked to a fiat currency such as the Stable coin to the U.S. dollar. All other “floating” crypto coins will either become a commodity or a collector’s item. Investors, who are speculating that crypto coins will become the fiat currency of major countries, are ignoring the fact that currencies were created for control, not convenience. It’s time to tell the Emperor he has no clothes. 

Dr. Dan Geller
Behavioral Economist
for Financial Services
Analyticom LLC
drgeller@analyticom.com
www.analyticom.com
415-891-3093

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

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

ELFA Equipment Management Conference Returns
In-Person in 2022

Association Recognizes Members of
2022 Equipment Management Committee

Washington, D.C. – The Equipment Leasing and Finance Association announced that the 2022 Equipment Management Conference & Exhibition will be held in-person on Feb. 13-15 at the Westin La Paloma Resort in Tucson, Arizona. The annual conference draws asset managers, equipment appraisers, remarketers and service providers to the industry. “We are excited to get back together in-person at the 2022 Equipment Management Conference,” said Tom Monroe, Chair of the ELFA Equipment Management Conference. “Our committee is planning terrific networking opportunities, educational content and professional development for attendees. We look forward to learning and networking with industry colleagues and friends on Feb. 13-15!”

Highlights will include:

• Sector sessions offering an overview and outlook of market conditions for a variety of equipment segments, including trucks/trailers, alternative energy, aircraft, IT/computers/tech, construction, rail, healthcare, material handling and inland marine transportation.

• Hot-topic sessions including:

• What’s Hot? What’s Not?
• The Impact of Alternative Fuel Sources
• Supply Chain Management, Issues & Solutions

• Career-building sessions on the basics of equipment management and how to plan a career in asset management
• Keynote address by John E. Silvia, Ph.D., investment professional and former Chief Economist for Wells Fargo
• Off-site tour of the Pima Air & Space Museum
• An exhibition of equipment appraisers, remarketers, auctioneers and others
• Networking receptions with attendees back together in person

Planning Committee
ELFA is pleased to recognize the subject matter experts on the 2022 Equipment Management Committee who are involved in developing the program content for the Equipment Management Conference. The members of the committee are:

• Thomas Monroe, SVP, ATEL Equipment Services, ATEL Capital Group (Committee Chair)
• Carl Chrappa, Senior Managing Director, The Alta Group LLC (Committee Chair Emeritus)
• Nicholas Coscia, Equipment Manager, Asset Management Americas CT&I, DLL
• Anthony Gordon, Manager of Asset Management, Farm Credit Leasing
• Laura Grill, Asset Management, Truist Equipment Finance Corp.
• Thomas Harford, SVP - Equipment Management Group, Wells Fargo Equipment Finance
• Robert Herb, Vice President, Global Asset Manager, Healthcare & Clean Technology, DLL
• Philip Houser, Director, Asset Management, CIT
• Elizabeth Jaramillo, Vice President - Asset Management/New Business Support, Key Equipment Finance
• Kelly Lane, Senior Vice President, Asset Management, BciCapital, Inc. (BciC)
• Robert Mercogliano, Strategic Account Manager - Financial Services, bidadoo Inc.
• James Merz, SVP - Head of Equipment Management, Fifth Third Bank
• Andrew Pace, Chief Operating Officer, Asset Compliant Solutions (ACS)
• Jane Rethmeier, CEO, Harbor Capital Leasing, Inc.
• Joseph Santora, Managing Partner, Irontrax
• Kevin Sensenbrenner, SVP/Senior Managing Director, Head of Asset Management, Stonebriar Commercial Finance
• Douglas Simon, Administrative Vice President, Head of Equipment Management, M&T Bank Corporation
• Michael Smith, President & CEO, RTR Services, Inc.
• Kevin Toye, Senior Vice President, Bank of America Global Leasing
• Wade Whitenburg, Strategic Accounts: Finance & Insolvency Management, Ritchie Bros.

More Information: The full agenda and registration details for the Equipment Management Conference are available at https://www.elfaonline.org/events/2022/EMC/.

About ELFA
The Equipment Leasing and Finance Association (ELFA) is the trade association that represents companies in the nearly $1 trillion equipment finance sector, which includes financial services companies and manufacturers engaged in financing capital goods. ELFA members are the driving force behind the growth in the commercial equipment finance market and contribute to capital formation in the U.S. and abroad. Its 575 members include independent and captive leasing and finance companies, banks, financial services corporations, broker/packagers and investment banks, as well as manufacturers and service providers. For more information, please visit www.elfaonline.org. Follow ELFA on Twitter @ELFAonline.

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

Samoyed and Golden Retriever Mix
San Rafael, California  Adopt-a-Dog

Chester

Male
2 Years Old
Large
White/Cream
Coat Length: Medium
House-trained
Good in a home with
Other Dogs
Prefers a Home
Without Cats
Neutered
Vaccinations Up-to-date

Meet Chester

Gorgeous Chester! Sweet 2 year old boy looking for his forever home. Found on the streets wandering for his home during Christmas. Santa brought him to us. Now he is safe and a super lovey boy.

Experienced northern breed homes preferred. No Cats or small animals or children.

For more information on how to adopt or foster, please visit our website and fill out the Pre-adoption form to tell us a little about yourself and what your looking for.

https://www.sfsr.org/pre-adoption-form

All of our dogs are spayed/neutered, heart worm tested, and UTD on rabies and all vaccines. They are also fostered in a home environment.

San Francisco Samoyed Rescue
P.O. Box 4215
San Rafael, CA 94903
rescue@sfsr.org
(650) 758-7722
https://www.sfsr.org

Adoption Policy
https://www.sfsr.org/learn

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News Briefs---

Marlin Completes Acquisition by Funds Managed
    by Affiliates of HPS Investment Partners LLC
https://investor.marlincapitalsolutions.com/news-events/news/news-details/2022/Marlin-Completes-Acquisition-by-Funds-Managed-by-Affiliates-of-HPS-Investment-Partners-LLC/default.aspx

Huntington Reports Full Year 2021
    and Fourth- Quarter Earnings
https://www.prnewswire.com/news-releases/huntington-bancshares-incorporated-reports-full-year-2021-and-fourth-quarter-earnings-301465542.html

Top 100 Billionaires, 2022
     List from Ceoworld Magazine
https://ceoworld.biz/2022/01/22/the-worlds-richest-people-top-billionaires-2022/

Bitcoin value tumbles almost 50%
    since record November
https://www.cnn.com/2022/01/22/investing/bitcoin-ethereum-cryptocurrency-price-record-high/index.html

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You May Have Missed---

Something Has to Give in the Housing Market
    Or Does It?
https://www.nytimes.com/2022/01/20/upshot/home-prices-surging.html

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Sports Briefs---

49ers’ walk-off playoff win over host Packers
https://www.mercurynews.com/2022/01/22/instant-analysis-of-49ers-13-10-walk-off-playoff-win-over-host-packers/

Before Bucs game starts, Los Angeles Rams restrict 49ers
fans from buying tickets to possible NFC Championship
https://www.sfgate.com/49ers/article/Los-Angeles-Rams-trying-to-restrict-49ers-fans-16798114.php

Rams beat Tom Brady, Buccaneers to set up
NFC Championship showdown with 49ers
https://www.latimes.com/sports/rams/liveblog/rams-tampa-bay-buccaneers-nfl-playoffs-live-updates

Tom Brady to take time after season before committing
to return to Tampa Bay Buccaneers in 2022, sources say
https://www.espn.com/nfl/story/_/id/33126668/tom-brady-take-season-committing-return-tampa-bay-buccaneers-2022-sources-say

Tom Brady draws first unsportsmanlike conduct penalty
of his career for yelling at referee Shawn Hochuli
https://www.usatoday.com/story/sports/nfl/buccaneers/2022/01/23/tom-brady-penalty-unsportsmanlike-conduct-shawn-hochuli-lip-blood/6630859001/

Opinion: With Tennessee Titans' window shrinking,
faith in Ryan Tannehill weakens
https://www.usatoday.com/story/sports/nfl/titans/2022/01/23/ryan-tannehill-right-quarterback-tennessee-titans-loss-cincinnati-bengals/6628988001/

Chargers chairman Dean Spanos sued by two nephews
https://www.theredzone.org/Blog-Description/EntryId/20554/Chargers-chairman-Dean-Spanos-sued-by-two-nephews

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California Nuts Briefs---

Number of San Francisco Bay Area homes
    for sale hits record lows
https://www.eastbaytimes.com/2022/01/22/bay-area-home-for-sale-signs-disappear/

Even less affordable: San Francisco Bay Area
home prices keep soaring
https://www.eastbaytimes.com/2021/12/02/even-less-affordable-bay-area-home-prices-keep-soaring/

America’s caviar capital: Here’s how an unlikely export
found a home in Sacramento County
https://www.sacbee.com/food-drink/article257191532.html?ac_cid=DM596323&ac_bid=-1291322331

Looking for your first apartment in L.A.? Start here
https://www.latimes.com/homeless-housing/story/2021-10-10/guide-to-finding-first-la-apartment

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"Gimme that wine"

2022 San Francisco Chronicle Wine Competition
    Winners Are In
https://storystudio.sfchronicle.com/2022/01/14/2022-san-francisco-chronicle-wine-competition-winners-are-in/

Mendocino’s Bonterra Organic Vineyards
goes carbon-neutral
https://www.pressdemocrat.com/article/lifestyle/mendocinos-bonterra-organic-vineyards-goes-carbon-neutral/

5 wine predictions for 2022
https://www.pressdemocrat.com/article/lifestyle/5-wine-predictions-for-2022/

Who Will Pick America's Wine Grapes?
https://www.winespectator.com/articles/who-will-pick-america-s-wine-grapes

Duckhorn Acquires 40 Acres of the Stanly Ranch in
Los Carneros and the 10-Acre Red Wing Vineyard in St. Helena
https://www.winebusiness.com/news/article/255088

Orange Wines: A Genre with a Large Gray Area
https://www.nytimes.com/2022/01/20/dining/drinks/orange-wines.html

33-year-old institution Marin Brewing Co. will serve
its final Mt. Tam burgers and pints on Jan. 31
https://www.sfchronicle.com/food/wine/article/33-year-old-institution-Marin-Brewing-Co-will-16794698.php

“Gimme that Wine”
http://www.youtube.com/watch?v=EJnQoi8DSE8

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

    1639 - Representatives from three Connecticut towns banded together to write the Fundamental Orders, the first constitution in the New World 
    1640 - The estimated colonial population was 27,947.
    1656 - The first Jewish physician landed in America. He was Dr. Jacob Lumbrozo, who settled in Maryland. He was a native of Lisbon, Portugal. He died in May, 1666.
    1722 - In Cambridge, Mass., Edward Wigglesworth was named to fill the newly created Thomas Hollis chair at Harvard College. Mr. Wigglesworth thereby became the first divinity professor commissioned in the American colonies.
    1738 - Four months before his celebrated Christian conversion, Anglican missionary John Wesley wrote in his journal: 'I went to America to convert the Indians. But oh! who shall convert me? I have a fair summer religion... But let death look me in the face, and my spirit is troubled.'
http://www.ccel.org/w/wesley/
http://www.raptureme.com/resource/wesley/john_wesley.html
    1776 – Colonel Henry Knox arrives in Cambridge, Massachusetts with the 43 British Cannon and 16 mortars captured by Ethan Allen at Fort Ticonderoga. These artilleries have been transported cross-country through the wilderness. It was quite an amazing feat and made the difference at the Battle of Boston. 
    1847 - Beginning today, all stray hogs in Yerba Buena (San Francisco, California) must be securely penned or the hogs will be confiscated. The owner would also be fined $5. 
    1848 - James W. Marshall, an employee of John Sutter, accidentally discovered gold while building a sawmill near Coloma, California. Efforts to keep the discovery secret failed, and the gold rush of 1849 was under way.  Actually, the first gold discovered in California was found near the San Fernando Mission in 1842, but no importance was given to it. News of the discovery of gold in California was slow to reach the East coast. Word of it first appeared in the New York Herald on August 19, 1849, but no great excitement was created until President James K. Polk expressed enthusiasm about it in his message to Congress on December 5. The rush began by land across the continent and by sea and land via the Isthmus of Panama. The first shipload of prospectors arrived in San Francisco via Cape Horn on February 28, 1849. About 80,000 people made their way to California in 1848, 55,000 overland and 25,000 by sea. About 5000 who started out overland never made it because Asiatic chorea swept their ranks. By the end of 1849, gold worth $10,000,000 had been mined. The discovery of gold broke John Sutter. From the day he settled in Nueva Helvetia, at the junction of the American and Sacramento rivers, Sutter prospered. Then gold was found. The workers on the estate left to look for gold. Every kind of adventurer squatted on Sutter's land. In four years he was ruined. For the rest of his life, Sutter petitioned the state and the federal government for aid. He died on June 18, 1880, at age 77, while the bill he sought was being argued in the House of Representatives. 
http://memory.loc.gov/ammem/today/jan24.html
    1857 - Birthday of Kate Harwood Waller Barrett (d. 1925), Stafford, VA.  American physician, president of the National Florence Crittenton Mission for unwed mothers from 1909 to her death. President of the National Council of Women in America, she was one of the first vocal advocates for the plight of lower-income women faced with the burden of raising a child alone. (Men in those days had no legal obligation to support their children.) 
    1862 – Birthday of prolific American writer Edith Wharton (d. 1937) was born in New York City. She went on to become the first woman to ever win the Pulitzer Prize for her novel “The Age of Innocence,” in 1921. You can read Wharton's own impressions of her life in the autobiography “A Backward Glance.”  She also wrote “The House of Mirth.”
http://www.womenwriters.net/domesticgoddess/wharton1.htm 
http://www.npg.si.edu/exh/wharton/whar3.htm 
http://www.kirjasto.sci.fi/wharton.htm 
http://www.edithwharton.org/
    1865 - The exchange of prisoners of war was sporadic and one of the terrible occurrences of the war was the treatment of captured Union troops. Prisons such as Andersonville were common. The Confederate Congress agreed to continue prisoner exchanges, opening a process that had operated only sporadically for three years. In the first year of the war, prisoner exchanges were conducted primarily between field generals on an ad hoc basis. The Union was reluctant to enter any formal agreements, fearing that it would legitimize the Confederate government. But the issue became more important as the campaigns escalated in 1862. On July 2, 1862, Union General John Dix and Confederate General Daniel H. Hill reached an agreement. Under the Dix-Hill cartel, each soldier was assigned a value according to rank. For example, privates were worth another private, corporals and sergeants were worth two privates, lieutenants were worth three privates, etc. A commanding general was worth 60 privates. Under this system, thousands of soldiers were exchanged rather than languishing in prisons like those in Andersonville, Georgia, or Elmira, New York. The system was really a gentlemen's agreement, relying on the trust of each side. The system broke down in 1862 when Confederates refused to exchange black Union soldiers. The result of the breakdown was the swelling of prisoner-of-war camps in both North and South. The most notorious of all the camps was Andersonville, where one-third of the 46,000 Union troops incarcerated died of disease, exposure, or starvation. Though the prisoner exchanges resumed, the end of the war was so close that it did not make much difference.
    1899 - Humphrey O'Sullivan of Lowell, MA, made the first rubber shoe heel. On this date he received a patent for a “safety-heel.”
    1900 – National League officials held a secret meeting in Cleveland supposedly to discuss dropping the Baltimore, Cleveland, Louisville and Washington, DC franchises from the league roster. Indeed, the four teams will be contracted before the start of the season.
    1908 - The Boy Scouts movement begins in England with the publication of the first installment of Robert Baden-Powell's “Scouting for Boys.” The name Baden-Powell was already well known to many English boys, and thousands of them eagerly bought up the handbook. By the end of April, the serialization of “Scouting for Boys.” was completed, and scores of impromptu Boy Scout troops had sprung up across Britain. The American version of the Boy Scouts has its origins in an event that occurred in London in 1909. Chicago publisher William Boyce was lost in one of the city's classic fogs when a Boy Scout came to his aid. After guiding Boyce to his destination, the boy refused a tip, explaining that as a Boy Scout he would not accept payment for doing a good deed. This anonymous gesture inspired Boyce to organize several regional U.S. youth organizations, specifically the Woodcraft Indians and the Sons of Daniel Boone, into the Boy Scouts of America. Incorporated on February 8, 1910, the movement soon spread throughout the country. In 1912, Juliette Gordon Low founded the Girl Scouts of America in Savannah, Georgia. In 1916, Baden-Powell organized the Wolf Cubs, which caught on as the Cub Scouts in the United States, for boys under the age of 11. Four years later, the first international Boy Scout Jamboree was held in London, and Baden-Powell was acclaimed Chief Scout of the world. He died in 1941.
    1913 - In a story in the New York Times, Detroit Tigers President Frank Navin blamed the length of the games on the coaches' boxes. Navin, reacting to American League President Ban Johnson’s complaint that too many games the previous season had taken two hours to play, says the boxes should be moved back so that the catcher can give the pitcher his signals more quickly. From where they are now, he said, the coaching players can detect the catcher's signals unless he takes a lot of time to hide them. Navin said this slow signaling is the reason for the longer games.
    1915 – Birthday of Mark Goodson (d. 1992), producer and creator of TV game shows, at Sacramento, CA. His career in entertainment began in radio where he created the first game show, “Pop the Question.” He later teamed with Bill Todman and that partnership led to “What's My Line?,”  “I've Got a Secret,” “Password,” “The Price is Right” and “Family Feud.”
    1916 - John Beasley “Jack” Brickhouse (d. 1998) was born at Peoria, IL. A legend in Chicago broadcasting, Brickhouse was the play-by-play voice for the first baseball game televised by WGN, an exhibition game between the Cubs and the White Sox on Apr 16, 1948. He broadcasted Cubs games for 40 years, Chicago Bears games for 24 years and some Chicago Bulls and White Sox games. In 1983, he received the Ford C. Frick Award.
    1916 - The temperature at Browning, MT plunged 100 degrees in just 24 hours, from 44 degrees above zero to 56 degrees below zero. It was a record 24-hour temperature drop for the U.S.
    1917 - Denmark sells three of the Virgin Islands to USA for $25 million. During the 17th century, the archipelago was divided into two territorial units, one English and the other Danish. Sugar cane, produced by slave labor, drove the islands' economy during the 18th and early 19th centuries. The Danish portion had been in economic decline since the abolition of slavery in 1848. In 1980, the Virgin Islands Commission on Status and Federal Relations was created to educate the public on various political status options. A referendum was held in 1993 with only 10,710 or 31.4 percent of the 39,038 eligible voters participating which was below the 50 percent plus one needed. As a result, the Commission was disbanded on December 31, 1993.  Under legislation passed in 1968, the Virgin Islands has had a democratically elected form of government since 1970. Prior to 1970, the Governor of the Virgin Islands was appointed by the President of the United States and reported to the Secretary of the Interior under the territory's 1954 revised organic act.
http://www.odci.gov/cia/publications/factbook/geos/vq.html
    1920 - Birthday of saxophonist Jimmy Forrest (d. 1980), St. Louis, Mo.
http://www.allaboutjazz.com/reviews/r0799_16.htm
http://www.top10song.com/stars/03652-our-delightlive-at-barrel-12.html
http://www.52ndstreet.com/reviews/mainstream/grey_nighttrain.html
http://www.wmichjazz.org/
    1922 - -54ºF (-48ºC), Danbury WI (state record)
    1922 - Christian K. Nelson of Onawa, IA, obtained a patent for “Eskimo Pie.” The pie was an ice cream confection containing a normally liquid material frozen to a substantially hard state and encased in a chocolate covering to maintain its original form during handling. He originally called it an “I-Scream” Bar.”
http://desmoinesregister.com/extras/iowans/cnelson.html
    1924 - Birthday of pianist Joe Albany (d. 1988), Atlantic City, NJ.
http://www.musicweb.uk.net/encyclopaedia/a/A39.HTM
http://www.eclipse.net/~fitzgera/adavis/jalbany.htm
    1929 - Emily Dickinson poems found that had been hidden for forty years.
http://www.americanpoems.com/poets/emilydickinson/
http://www.cswnet.com/~erin/edbio.htm
http://www-unix.oit.umass.edu/~emilypg/index1.html
    1930 - During his American boxing debut, Primo Carnera knocked out Big Boy Patterson in one minute, ten seconds of the opening round before 20,000 people in New York City.
    1935 - Canned beer went on sale for the first time at Richmond, Virginia; Krueger Finest Beer.
http://www.bcca.com/bccacan1.html
http://www.breweriana.com/flats/flatkruegerfinestred.html
    1935 - Snowstorms hit the northeastern U.S. and the Pacific Northwest producing record 24 hour snowfall totals of 23 inches at Portland, ME and 52 inches at Winthrop, MA.
    1936 - Benny Goodman Band records “Stompin' at the Savoy” (Victor 25264). The song became such a standard that hundreds of artists have recorded it, including a vocal version by Barry Manilow. Goodman, the ‘King of Swing,' recorded the song at the Congress Hotel in Chicago, Illinois.
    1938 - Rock 'n' roll singer Jack Scott was born Giovanni Domenico Scafone, Jr., (d. 2019) in Windsor, Ontario. He recorded several rockabilly numbers at the start of his career, but soon turned to a smoother ballad style on most of his records. "My True Love" was a big hit in 1958, and he scored a couple of years later with "What in the World's Come Over You" and "Burning Bridges."  He was the first white rock ‘n’ roll star to come out of Detroit, Michigan. He was inducted into Canadian Songwriters Hall of Fame in 2011 and has been called "undeniably the greatest Canadian rock and roll singer of all time.”
    1939 - Eddie Collins, Wee Willie Keeler and George Sisler were elected to the Baseball Hall of Fame. Sisler set a Major League season-record (later broken by Ichiro) with 257 hits in 1920 and batted .420 in 1922 on his way to a .340 career batting average. Collins batted an even .333 for his career and stole 744 bases as a member of four World Series Champions. Keeler, who "hit 'em where they ain't," batted .341 and collected 2,932 hits. He held the consecutive games hitting streak at 44 that was broken by Joe DiMaggio in 1941.
    1941 - Singer and songwriter Neil Diamond was born in Brooklyn, New York. He began in 1962 as a $50-a-week songwriter, and among the songs he churned out was "I'm a Believer," a hit for the Monkees in 1966, and later remade by Anne Murray. Diamond signed with Bang records in 1965, turning out a series of teen hits such as "Cherry Cherry" and "Kentucky Woman." At the end of the '60s, successes such as "Sweet Caroline" and later "Song Sung Blue" established him as a major star. He also sang at the Troubadour in Los Angeles in the, where I saw him perform.
http://www.neildiamond.net/
http://www.neildiamondhomepage.com/
    1941 - Birthday of singer, songwriter Aaron Neville, New Orleans, LA.
    1943 - At the end of the Casablanca Conference, Franklin D. Roosevelt and Winston Churchill held a press conference. Roosevelt stated, "Peace can come to the world only by the total elimination of German and Japanese war power. That means the unconditional surrender of Germany, Italy and Japan." This position calling for "unconditional surrender" has subsequently been criticized, mostly from his detractors, as having prolonged the war.   
    1944 – Top Hits
My Heart Tells Me - The Glen Gray Orchestra (vocal: Eugenie Baird) 
Shoo, Shoo, Baby - The Andrews Sisters 
My Ideal - The Jimmy Dorsey Orchestra (vocal: Bob Eberly) 
Pistol Packin' Mama - Bing Crosby & The Andrews Sisters
    1944 - HANSON, ROBERT MURRAY, Medal of Honor
Rank and organization: First Lieutenant, U.S. Marine Corps Reserve. Born: 4 February 1920, Lucknow, India. Accredited to: Massachusetts. Other Navy awards: Navy Cross, Air Medal. Citation: For conspicuous gallantry and intrepidity at the risk of his life and above and beyond the call of duty as fighter pilot attached to Marine Fighting Squadron 215 in action against enemy Japanese forces at Bougainville Island, 1 November 1943; and New Britain Island, 24 January 1944. Undeterred by fierce opposition and fearless in the face of overwhelming odds, 1st Lt. Hanson fought the Japanese boldly and with daring aggressiveness. On 1 November, while flying cover for our landing operations at Empress Augusta Bay, he dauntlessly attacked 6 enemy torpedo bombers, forcing them to jettison their bombs and destroying 1 Japanese plane during the action. Cut off from his division while deep in enemy territory during a high cover flight over Simpson Harbor on 24 January, 1st Lt. Hanson waged a lone and gallant battle against hostile interceptors as they were orbiting to attack our bombers and, striking with devastating fury, brought down 4 Zeroes and probably a fifth. Handling his plane superbly in both pursuit and attack measures, he was a master of individual air combat, accounting for a total of 25 Japanese aircraft in this theater of war. His great personal valor and invincible fighting spirit were in keeping with the highest traditions of the U.S. Naval Service. 
    1945 - PARRISH, LAVERNE, Medal of Honor
Rank and organization: Technician 4th Grade, U.S. Army, Medical Detachment, 161st Infantry, 25th Infantry Division. Place and date: Binalonan, Luzon, Philippine Islands, 18-24 January 1945. Entered service at: Ronan, Mont. Birth: Knox City, Mo. G.O. No.: 55, 13 July 1945. Citation: He was medical aid man with Company C during the fighting in Binalonan, Luzon, Philippine Islands. On the 18th, he observed 2 wounded men under enemy fire and immediately went to their rescue. After moving 1 to cover, he crossed 25 yards of open ground to administer aid to the second. In the early hours of the 24th, his company, crossing an open field near San Manuel, encountered intense enemy fire and was ordered to withdraw to the cover of a ditch. While treating the casualties, Technician Parrish observed 2 wounded still in the field. Without hesitation he left the ditch, crawled forward under enemy fire, and in 2 successive trips brought both men to safety. He next administered aid to 12 casualties in the same field, crossing and re-crossing the open area raked by hostile fire. Making successive trips, he then brought 3 wounded in to cover. After treating nearly all of the 37 casualties suffered by his company, he was mortally wounded by mortar fire, and shortly after was killed. The indomitable spirit, intrepidity, and gallantry of Technician Parrish saved many lives at the cost of his own. 
    1949 - Birthday of John Belushi (d. 1982), actor, comedian ("Saturday Night Live," “Animal House,” “The Blues Brothers,” “Jake Blues”) at Chicago, IL.
http://us.imdb.com/name/nm0000004/
http://www.bbring.com/
    1950 – Jackie Robinson signed a contract for $35,000, reportedly making him the highest-paid player in Brooklyn Dodgers team history.
    1952 – Top Hits
“Slowpoke” - Pee Wee King 
“Sin” (“It's No”) - Eddy Howard 
“Shrimp Boats” - Jo Stafford 
“Let Old Mother Nature Have Her Way” - Carl Smith
    1953 - Birthday of Olympic Gold Medal gymnast Mary Lou Retton, Fairmont, WV.
    1954 - The screen version of Herman Wouk's novel, “The Caine Mutiny,” starring Humphrey Bogart and Fred MacMurray, premiered in New York. Bogart was nominated as Best Actor by the Academy for his portrayal of Captain Queeg.
http://www.english.upenn.edu/~afilreis/50s/caine-mutiny-text.html
    1955 - Some say for the sake a building a television audience, the Official Rules Committee of Major League baseball announced a rule change to speed up the game. Pitchers are required to deliver a pitch within 30 seconds after having taken a position on the pitching rubber. Prior to the new ruling, pitchers could wait as long as they wanted before throwing.
    1956 - Thirty-eight inches of rain deluged the Kilauea Sugar Plantation of Hawaii in 24 hours, including twelve inches in just one hour. (state record)
    1960 – Top Hits
“Running Bear” - Johnny Preston 
“The Big Hurt” - Miss Toni Fisher 
“Go, Jimmy, Go” - Jimmy Clanton 
“El Paso” - Marty Robbins
    1960 - Johnny Preston hits Number One on the pop chart with "Running Bear," a song penned by the late J.P Richardson (alias the Big Bopper). Preston's smash will make it to Number One on the U.K. pop chart and #3 on the U.S. R&B chart.
    1961 - A B-52 bomber carrying two H-bombs broke up in mid-air over North Carolina. The uranium core of one weapon remains lost.
    1962 - Jackie Robinson became the first African-American to be elected to the Baseball Hall of Fame.
    1963 - A great arctic outbreak reached the southern U.S. The cold wave broke many records for duration of cold weather along the Gulf Coast. A reading of 15 degrees below zero at Nashville, TN was an all-time record low for that location
    1964 - CBS-TV got the rights to televise the National Football League's regular 1964-1965 season. The move cost CBS $14.1 million a year. The NFL stayed on CBS for 30 years.
    1964 - Jockey Willie Shoemaker beat Eddie Arcaro's career earnings record by riding four winners at California's Santa Anita race track. Shoemaker's total career earnings reached $30,040,005.
    1967 - Aretha Franklin recorded her first major hit, "I Never Loved a Man (The Way I Love You)," at Muscle Shoals, Alabama. But the LP on which she was working had to be finished later in New York because Franklin's husband got into an argument with one of the studio musicians. 
    1968 – Top Hits
“Judy in Disguise” (“With Glasses”) - John Fred & His Playboy Band 
“Chain of Fools” - Aretha Franklin 
“Green Tambourine” - The Lemon Pipers 
“Sing Me Back Home” - Merle Haggard
    1970 - Robert Moog introduced his "Mini-Moog" synthesizer, suitable for concert stages, and costing $2,000. The American Federation of Musicians considered banning the Mini-Moog, fearing that its ability to simulate acoustic instruments could put musicians out of work.
    1973 - ‘Little' Donny Osmond, of the Osmond Brothers/Family fame, was awarded a gold record for his album, "Too Young."
    1973 – Warren Spahn, the all-time winningest left-hander in Major League history, was elected to the Baseball Hall of Fame.  Spahn, in his first year of eligibility, was named on 316 out of a possible 380 ballots. He won a total of 363 games and won at least twenty games 13 times - the last at age 42 - during a 21-year Major League career. His win total is 6th on the all-time list.  Along with many other major leaguers, Spahn chose to enlist in the US Army after finishing the 1942 season in the minors. He served with distinction, and was awarded a Purple Heart, seeing action in the Battle of the Bulge and at the Ludendorff Bridge, and was awarded a battlefield commission.  Spahn returned to the major leagues in 1946 at the age of 25, having missed three full seasons. Had he played, it is possible that Spahn would have finished his career behind only Walter Johnson and Cy Young in all-time wins.
    1974 - Last Japanese soldier, a guerrilla operating in Philippines, surrenders, 29 years after World War II ended.
http://ns.gov.gu/scrollapplet/sergeant.html
http://www.amazon.com/exec/obidos/ASIN/0854682937/
avsearch-bkasin-20/104-4344982-0045565
    1976 – Top Hits
“Theme from Mahogany” (“Do You Know Where You're Going To”) - Diana Ross 
“Love Rollercoaster” - Ohio Players 
“Love to Love You Baby” - Donna Dummer 
“Convoy” - C.W. McCall 
    1977 - Howard T Ward becomes Georgia's first Black Superior Court Judge.
    1982 - The San Francisco 49ers won Super Bowl XVI by defeating the Cincinnati Bengals, 26-21. The 49ers sprinted to a 20-0 lead and had to scramble to hold off the Bengals who rallied for 21 points in the second half. Ray Wersching kicks a Super Bowl record-tying four field goals as the 49ers win their first NFL championship. Cincinnati's 356 yards of total offense to San Francisco's 275 marked the first time in Super Bowl history that the winning team was outgained in total yards. The Bengals also committed 4 turnovers to San Francisco's 1.  The game’s biggest play however came late in the third quarter when Cincinnati drove to the Niners 1-yard line.  On third down, 49ers linebacker Dan Bunz stuffed Charles Alexander at the line of scrimmage on an open-field tackle and kept him from reaching the end zone. After calling a timeout, rather than attempting a field goal on fourth down, the Bengals sent FB Pete Johnson into the middle of the line one last time. But San Francisco cornerback Ronnie Lott and linebackers Bunz and Hacksaw Reynolds tackled him for no gain, giving the ball back to the 49ers.  The first cold-weather Super Bowl, the game was played in the Pontiac, Michigan Silverdome. MVP: 49ers QB Joe Montana: 14 for 22, 157 yds., 1 TD; 6 carries-18 yds., 1 TD. Tickets: $40.00. The CBS telecast was viewed by 110.2 million fans and CBS radio counted 14 million listeners to its broadcast of the game.
http://images.nfl.com/history/images/0124.jpg
    1984 - The first Apple Macintoshes became available for a price of $2,495 on this day in 1984. Despite a frenzy of publicity, including a $500,000 commercial aired during the Super Bowl, the Mac failed to catch on immediately. In fact, it was not until Aldus introduced PageMaker, the first desktop publishing software, in mid-1985 that Macintosh sales took off. Eventually, the Macintosh transformed computing through its user-friendly graphics and use of the mouse. The machine also introduced small, hard, plastic disks that would replace the larger, flexible floppy disks used by personal computers at the time.
    1984 – Top Hits
“Owner of a Lonely Heart” - Yes 
“Karma Chameleon” - Culture Club 
“Talking in Your Sleep” - The Romantics
“In My Eyes” - John Conlee
    1987 - Temperatures in Minnesota plunged far below the zero mark. International Falls, MN reported a morning low of 35 degrees below zero, and Warroad, MN was the cold spot in the nation with a low of 45 below zero. A storm developing in northeastern Texas produced severe thunderstorms with large hail in Texas, Louisiana and Arkansas. Camden, AR reported golf ball size hail.
    1989 - Guild, the Rhode Island guitar company that made instruments for such stars as Elvis Presley and Johnny Cash, was sold to a Wisconsin amplifier manufacturer. The court-ordered sale to Randall Corporation followed two months of bankruptcy proceedings. Guild had been losing about $30,000 a month.
    1988 - San Francisco, California approves renaming 12 streets for local writers and artists, including Jack Kerouac alley. 
    1989 - First reported case of AIDS transmitted by heterosexual oral sex.
http://www.thebody.com/surveys/sexsurvey.html
http://forever.freeshell.org/dale/aids2.html
    1989 - The Rev. Barbara C. Harris, 55, of Boston, was confirmed as the first female bishop in the 450-year history of the Anglican Church.
    1990 - Winston-Salem State defeated Livingston 79-70, to give coach Clarence “Big House” Gaines the 800th victory of his college basketball coaching career.  His final coaching record:  828–447.
    1991 - World's largest oil spill was caused by embattled Iraqi forces in Kuwait during the Persian Gulf War. Iraq deliberately released an estimated 460 million gallons of crude oil into the Persian Gulf from tankers 10 mi off Kuwait on this day. Spill had little military significance. On Jan. 27, U.S. warplanes bombed pipe systems to stop the flow of oil.
http://www.gci.ch/GreenCrossPrograms/legacy/Kuwait/kuwait7years.html
http://www.hort.agri.umn.edu/h5015/99papers/kostreba.htm
http://www.factmonster.com/ipka/A0001451.html
    1992 - The producer of the New Kids on the Block album "Hangin' Tough" claimed the group performed only about 20 per cent of the music on it. Greg McPherson said the real voices behind the group were Michael Johnson and his brother Maurice Starr, the Kids' manager. The claims were in a suit filed by McPherson, who was seeking 21 million dollars for creative contributions and royalties. The allegations were denied by the New Kids, and McPherson dropped his lawsuit and withdrew his lip-synching claims three months later.
    1995 - A United States airman and his 10-year-old son given up for dead in snow-covered mountains in Turkey were found alive after living on snow for nine days.
    1995 - Van Halen releases their "Balance" LP. It would be the last album with lead singer Sammy Hagar
    1996 - The O.J. Simpson Trial opens. The ex-football player turned movie star and sports commentator is later found not guilty of the murder of his ex-wife and her boyfriend.
http://www.law.umkc.edu/faculty/projects/ftrials/
Simpson/Simpsonaccount.htm
    1996 - "Oh What a Feeling," a four-CD box set to celebrate the 25th anniversary of the Canadian Academy of Recording Arts and Sciences and the Juno Awards, was released. It would sell more than 250,000 copies in 75 days, raising about two million dollars for charity. 
    1998 - The soundtrack album from “Titanic” hit Number 1 on Billboard's charts and kept its top position for 15 weeks.
    1999 - Nobody was more surprised than baseball Hall of Famer Joe DiMaggio when he saw a television report that he had died. "He was livid," his lawyer and neighbor Morris Engelberg said. "Then I made him laugh. I said, 'Joe, we must be in heaven together.'" The two were watching a tape of Gunfight at the OK Corral - DiMaggio's favorite Western - at the baseball great's home in Hollywood, Florida. They happened to stop the tape just when the report appeared as a "crawl" across the screen during Dateline NBC. NBC ran another crawl about 20 minutes later, saying its previous report was inaccurate. The network later said a technician in the New York control room inadvertently sent the item. NBC delivered an apology to DiMaggio to Engelberg's office the next day, spokesman Cory Shields said. The 84-year-old DiMaggio was recovering from pneumonia and lung cancer surgery on Oct. 12, and already was upset by a story in the New York Daily News that described him as bedridden and in grave condition. Unfortunately, he died a few months later, on March 8, 1999, Hollywood, Florida
http://www.baseballhalloffame.org/hofers_and_honorees/
hofer_bios/dimaggio_joe.htm
    2003 – The Department of Homeland Security, now a cabinet-level position, began operations.  Tom Ridge is the first Secretary of Homeland Security.
    2012 - Apple, Inc. reported over 37 million iPhones and over 15 million iPads were sold during the 2011 fourth quarter; the company generated over $127 billion in revenue.
2018 - Former US Olympic team doctor Larry Nassar was found guilty of molesting over 150 girls and was sentenced to up to 175 years in prison.  For 18 years, he was the team doctor of the US women’s national gymnastics team, which gave him access to hundreds of girls and young women whom he sexually abused. Nassar's sexual abuse of young girls and women and the subsequent cover-up led to the USA Gymnastics sex abuse scandal that began in 2015, alleging that Nassar repeatedly sexually assaulted at least 265 young women and girls under the guise of medical treatment.  His victims included numerous Olympic and US Women’s national gymnastics team gymnasts.  Nassar was sentenced to 60 years in federal prison on December 7, 2017, after pleading guilty to child pornography and tampering with evidence charges on July 11, 2017. On January 24, 2018, Nassar was sentenced to an additional 40 to 175 years in Michigan State prison after pleading guilty in Ingham County to seven counts of sexual assault of minors.  On February 5, 2018, he was sentenced to an additional 40 to 125 years in Michigan State prison after pleading guilty to an additional three counts of sexual assault in Eaton County. The Eaton County sentence will run concurrently with the Ingham County sentence.

Super Bowl Champions:
    1982 - San Francisco 49ers
 During his 16 years as an NFL quarterback, Joe Montana won four Super Bowls and the respect of fans everywhere. His legendary tenure with the San Francisco 49ers through the 1980s will be remembered as one of the most dominating periods in professional sports. And unlike many of the great quarterbacks, Montana posted both the numbers and the big wins necessary to cement his place in the Hall of Fame. With coauthor Richard Weiner, Montana relates his special knowledge of the game in Joe Montana's Art and Magic of Quarterbacking, a treasury of instruction, anecdotes, and inside-the-huddle information that should earn the cheers of football fans and players everywhere.
In addition to instructional chapters on ball-handling, offensive and defensive formations, pass patterns, and conditioning, Montana also covers the more advanced aspects of playing quarterback, such as reading defenses and calling audibles. With examples right out of the 49er playbook, he dissects contemporary offenses and defenses, emphasizing his points with well-known plays and situations from his own storied career, including postseason classics such as "The Catch" and "The Drive." A winning combination of color action shots and chalkboard-style diagrams--plus memorable sidebar quotes from coaches and players--makes Joe Montana's Art and Magic of Quarterbacking an attractive and informative addition to the pigskin bookshelf. A foreword by John Madden ("I'll say it without any disclaimer. Joe Montana is the greatest quarterback who ever played the game.") and a brief concluding history of the game serve as bonus bookends.