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Saturday, January 31, 2004

Radioactive decay sequences

Fusion sequences of stars build up hydrogen gas into other atoms up to and including iron. What about the creation fo the heavier elements? How do they get created?

When a star nears the end of it's life, it continues to fuse heavier elements than hydrogen. When these shifts occur from burning hydrogen to burning primarily helium to burning heavier elements, the corona of the star will increase. In appearance, the star will expand. At each successive level, the corona is pushed further away from the star. As it finally expends the last of it's fuel, it can no longer sustain these previous burn rates and so there is no longer the same amount of pressure supporting the corona against the pull of gravity. Matter will rush back down into the star. If this inrush is sufficiently large, the star will generate a supernova, or at lesser changes in pressure, perhaps only a nova. This inrushing matter compresses the core of the star, which then responds with a small explosion. This explosion causes fusion of many elements heavier than iron and provides the necessary creation mechanism for all of the rest of the elements in the periodic table. (We strongly believe this to be the case since we can observe the spectra of a star before and after such an event. Afterwards, we see spectral peaks corresponding to some of these heavier elements which were not present before the event. Thus, we surmise that some sort of fusion has occured to produce these heavier elements. No other explanation seems scientifically feasible.)

Many of these heavier elements, however, are unstable. The nucleus is in an unstable configuration and must get rid of some part of itself in order to reach a more stable level. This process of attempting to achieve stability for these unstable nucleii is called radioactive decay.

Radioactive decay is described by the concept of a half-life. How long does it take half of a given sample to decay from it's current form into the next form in it's decay sequence. We can measure the half-life by knowing what the sample is that we start with, say Cesium 137, and measuring the radioactivity count. Then, at some known time later, take another count. Continue in this way for some time, plotting the count over time. The curve so plotted will allow one to calculate, roughly, the half-life. The sample size is not needed, since we assume the sample size is the same when we started this calculation as when we begin, ie that no atoms of the radioactive element being measured have been added while these measurements are occuring.

We can also measure which element a given decay produces and how long the half-life is for that element. In this way we can build up chains of radioactive decay sequences and can know how long it takes half of a given sample to decay from any given (unstable) element into a final stable one.

We have observed, after novae have occured, the relative proportions of these heavier elements created. The proportions are different for different novae, but we are able to determine an average proportion. We can then look at geological samples from the earth and using these radioactive decay sequences measure what proportion of these elements exist and how far along a particular path the decay sequence is. Using an average distribution of these heavier elements based on novae observations, we can determine roughly how long those elements have been decaying.

If we assume that the earth was formed shortly after the sun (and shortly after these heavy elements were created) the age of the earth is several billion years old. Starting from that foundation (shaky for young earth creationists), it is possible to determine with relative accuracy how old various layers of rock are and hence, how old various fossils found within those layers are. The accuracy is typically some fraction of a percentage point. Thus, an age of 50 million years determined through radioactive sequencing, may have an error of say 5% leading to error bars of +-2.5 million years.

Can we prove that the earth is about 4.7 billion years old like the scientists say? No, we can't. But that's the nature of a scientific precept -- it is falsifiable. We make observations, then construct a theory which fits that data. Continued observations may fit that theory, in which case we can continue to use it as a valid indication of some property or physical law. If data does not fit, then the theory is disproved and another theory is postulated to supersede it. This notion of only being able to disprove scientific precepts is the concept of falsifiability. If a precept is presented to you and it is not falsifiable (meaning that there is no way to measure whether it can be proved false or not) then that precept is not scientific and therefore should not be treated as scientific.

Based on assumptions that the sun started with mostly hydrogen, we can observe it's current composition, and knowing it's energy output, assuming it has been relatively constant, can determine how long the sun has been burning. We then assume that the earth was formed shortly thereafter. These are reasonable assumptions and while they can't be proven, there is no measured data to disprove these assertions. (The bible is not a science document and never claims to be.)

Thus, while we can't prove that the earth is roughly 4.7 billion years old, all of the scientific data we have leads us to believe that this hypothesis is true. The question then becomes, can we disprove a young earth (or young universe) theory of creation? I'll leave that for another time.
Background Radiation

Let's start with the concept of what is called Blackbody radiation. If an object has a certain temperature and is contained within a vacuum, it will cool at a very specific rate, based on it's temperature difference with it's environment. This property of the matter GOD created is well known and well understood. This assumes a perfect blackbody which does not absorb heat from its environment at any point and continues to bleed heat into it's environment at a specific rate based on temperature differences.

Physicist (Cosmologists, really) assume that the universe began with a big bang, so let's start there. If that happened, the surrounding environment was at absolute zero (for all practical purposes) and hence this explosive bang began with a temperature well above zero. The hypothesis is that this blackbody, even after it broke into sub components after the bang, would continue to radiate as a black body or series of black bodies into this background. By measuring the temperature of this background, we should be able to, using the blackbody radiation law, determine roughly how old the universe is. Recently, satelite observations have finally provided a complete map (survey) of the background radiation. Using this temperature data, we can then use the blackbody formula to determine that if the universe behaves like a blackbody, it must be roughly 13.7 billion years old.

So, is the universe actually a blackbody for purposes of this calculation? There is no reason to believe that it is not.
The concept of the Red Shift

There are several properties of matter which Young Earth Creationists simply overlook in order to demonstrate that the earth is only about 10,000 years old. The Red Shift and radioactive decay chains are but 2 of the most significant.

GOD created matter and he created light. There is no dispute from Christians about that. GOD therefore created the properties of matter, the properties of light, and the relationship between those 2. That is also not in dispute. Furthermore, GOD gave us the ability to measure those properties and determine, at least some of, what those properties are and how firm our understanding of those properties is.

The Hydrogen atom is one of the simpler objects to try and understand. There is a single proton as the nucleus about which "revolves" a single electron. (It's more of a cloud, but the orbital view is sufficient for this discussion.) This electron has certain well defined energy states in which it can exist. These states are determined by solving the Schrödinger equation. In order to ionize this nucleus (remove the electron) a photon of exactly that energy must be absorbed by the electron. Similarly, when an electron is captured by such an ionized nucleus, a photon of exactly that energy is emitted. Since these states are discrete, a pattern can be built which describes then energy levels of a Hydrogen atom. Such a plot would have photon energy along the x axis (think in terms of color, if you desire from red to blue, blue being more energetic) with spikes appearing at certain points along that x axis indicating photons of a particular energy exist. In this way, a photon map of the Hydrogen atom can be made. (These graphs are called photon spectra.)

Similar maps can be (and have been) created for each of the atoms and for some simpler molecules. Hydrogen, however, remains the most useful since we don't have to concern ourselves with vibrational mode variations to any significant degree.

Thus, in the lab we know the pattern of peaks which define the energy states of a Hydrogen atom. We can then look at the sun, for instance, and measure the energy level peaks of the arriving photons and see many of the same peaks in the general pattern. (There are additional peaks, which can be decomposed into a relative proportion of various atoms, thus allowing us to determine the composition of the sun without actually having to go there and take samples.)

Knowing these facts about the Hydrogen atom, we can then turn our sights onto other celestial objects. We look frist at closer stars and see some of the same patterns, but with different relative proportions of atomic ingredients. Knowing how fusion occurs, starting with Hydrogen, fusion creates continually more complex atoms as a result, all the way to iron, we can postulate, based on the relative ratios of atomic ingredients and the amount of energy we observe in total being emitted from that star, roughly how long it has taken that star to create that proportion of matter, assuming that it started exclusively with Hydrogen. (Hydrogen fuses to create Helium. Then Helium fuses with either Hydrogen or Helium to create heavier elements, etc.) Thus, we can estimate the age of the star and correspondingly, the age of the planets around that star. The planets must have been created after the start came into existence.

Looking farther afield, however, we see a more interesting phenomenon. We see photon spectra which have the same relative peaks we expect for a Hydrogen atom, but the energies are off by a little bit toward the red. This was puzzling until Edwin Hubble (after which the telescope is named) figured out the concept he referred to as the red shift. If you have ever listened to a train whistle as it comes toward you and then passes by, you are familiar with the concept. After passing, the tone changes to a lower tone. Normally, sound travels about 660mph. If the train is passing by at 60mph, after it passes, the sound arriving is only travelling at about 600mph. Since this is slower than normal, the sound waves are longer and thus the sound is lower in tone. This same concept is used by storm trackers to pick out tornados on radar using doppler shifting.

Anyway, Hubble noted that if the object being observed was travelling away from us, the energy of each peak would be reduced by an amount proprotional to the value of that velocity. This lead to a further revelation that we could use this concept to approximate distance. If this object was travelling away from us at a specific velocity (determined by the amount of the red shift), how far away would it be if it has been travelling that fast for a 1 billion or 10 billion years? Well, we couldn't really answer that question yet, so we looked for the objects with the largest red shifts, assuming that since they were receding the fastest, they would be the furthest away from us. We still didn't know how far away those objects were, but we had an idea about how old them might be, within an order of magnitude. (Remember the fusion sequence?) By noting the relative proportion of atomic ingredients, we could provide some boundaries on how young or old stars were and hence provide some boundaries on how old or young the universe was. It must be at least several billion years old, assuming that stars all start with roughly 99.9% hydrogen.

This is how the red shift, couple with fusion sequences have lead to an understanding about how old the universe is. This is exclusively based on the properties of matter which GOD created. Granted, GOD could have created the universe 7 seconds ago and put everything we see today in it's relative places. That doesn't seem to be the way he works, however. He seems to like to start from the beginning and allow his creations to grow and flourish.

Next up: Background radiation.
Evolution -- What is it really?

During this past week, there have been a number of stories arise about the concept of Evolution. In Georgia, there is an attempt to simply banish the word from biology texts. In Missouri, there is a legislative effort to require that Intelligent Design be taught along with Evolution, both as theories.

Joe Carter, in his blog The Evangelical Outpost attempts to describe Evolution and points to a misunderstanding by even learned folks about what it really is, but doesn't himself delve into any great depth. I will try to do so here.

Darwin describe the concept of Natural Selection, then postulated that if that exists, then a series of such natural selection events occuring on a single species over time, would render changes to that species to such an extent that the "final" species would be effectively distinct from the original.

Over time, say the past 150 years, we have gathered sufficient evidence to support that Natural Selection does indeed occur. We see adaptations in various species which lead to enhanced life (for that species) within it's environment. This part is not in dispute. We as humans do this to, but our adaptations tend to be more along the lines of adapting our environment to us, rather than the other way around.

Anyway, what we have no evidence for at this point, is that a series of such Natural Selection adaptations combined together over time lead to an evolution from one species to another. There is no evidence to either support or disprove such a postulate and as such, Evolution must necessarily remain a theory, if we are to adhere to strict scientific understanding of such.

Most persons who fight against Evolution seem to have at least some grasp that Evolution is not fact, but often can't explain why it isn't fact. Thus, they tend to resort to arguments such as "GOD didn't say so, therefore evolution is not true." While this indeed may be the case, it's not a way to win an argument with someone who doesn't even believe in the same GOD. (To paraphrase the Proverb, never argue with a fool ...)

Most persons arguing for Evolution conflate the 2 concepts of Natural Selection and Evolution (the scientific description above) into a single term Evolution and treat Evolution as fact. Natural Selection is fact, Evolution, in the strict scientific sense, is still only theory (perhaps even only hypothesis.) I find this conflation more than a little ironic since it either implies willful deceit on the part of the presenter or it implies a certain amount of faith that the argument is true. In the first case, there would necessarily be some fear about being honest with definitions which might allow the opponents to "win" the argument. In the latter, the faith is not in GOD, but in the concept which would effectively be their GOD. There is such a strong desire to deny that GOD (or an Intelligent Designer, if you will) had anything to do with creation that any belief which can provide an alternate explanation will do, even if it requires faith in order to do so.
Current Bible Study -- The Gospel of John

Our current small group, 3 guys, is embarking on the study of the Gospel of John. We're not using any formal study guide, but are swapping leadership from week to week, using texts which we find relevant or helpful.

I'm using F.F. Bruce "The Gospel and Epistles of John" a fairly detailed verse by verse treatment (available from Christian Book Distributors) which has far more information that I could have hoped. It is proving to be an invaluable resource. I'm also using a text in the Moody Bible series by Laney. Laney admits to using the work of Bruce (more scholarly works than the book mentioned above, but the same general drift), but adds sufficient historical context to fill in some gaps in the Bruce work.

Together, these 2 references seem very powerful in helping me to understand more about John's Gospel.

Wednesday, January 21, 2004

Holden's little trick

Today, Bob Holden, Governor of MO, gave his annual state of the state speech as well as sending his proposed budget to the legislature. His proposed budget includes increases in the cigarette taxes, casino taxes, and taxes on the "wealthy" whoever they happen to be. All of these tax proposals require approval by the voters.

A couple of years ago, a proposed hike in the cigarette tax was put before the voters. It failed by an almost 2-1 margin. So Holden wants to do it again. Is he that stupid? Well, not quite. What he's proposing is that the tax proposals appear on the August ballot (for the primaries.) Since Holden is being challenged by Claire McCaskill, current State Auditor, a good turnout for the Dems can be expected. On the Rep side, there appears to only be Matt Blunt, current Secretary of State. Thus, the turnout for the Reps should be considerably lower.

Therefore, Gov. Holden is proposing to legally sneak this tax proposal through when he knows that more Dems will be voting that Reps.

Read more about his proposals here in the Post-Dispatch.

UPDATE: Even Claire McCaskill, challenger to Gov. Holden (and current state Auditor) argues that new taxes are not needed, but that waste and mismanagement can be used to reap the necessary revenues. When a Democratic Auditor complains about government waste being sufficient to make up a $150-$350M budget gap, you know the problem is serious.

Friday, January 16, 2004

The Sky is Falling!

During the past year, an estimated 45,000 members of AARP have quit over the groups stance on the Medicare reform bill (including the prescription drug benefit.)

This is horrible, I must say. After all, it's a whopping 0.13% of their total membership. That's got to hurt.

Tell me again why this story makes the Fox News lead?

Thursday, January 15, 2004

Can you say "Malfeasance"?

Read this story from the St. Louis Post-Dispatch and see if you can't see a problem here.

Officially, the only thing the mayor did wrong was having access to evidence, serious enough by itself. The citizens of that city ought to have his head at the next election. Theft, in any form is wrong, but then to make everyone in city hall aware of the theft, to brag about it, then claim it's OK to steal -- well I guess that's what passes for government these days.

UPDATE: (1-24-04) It now seems that the original owner of the bill has swapped $1000 in $100 bills for his original $1000 bill. Prosecutors who examined this case noted that they declined to prosecute this case since they couldn't prove that the $1000 bill was worth more than $1000. The obviously didn't look too hard since currency collectors put a minimum value on such a bill, last circulated in 1934, at a minimum of $1300. Thus, the mayor should be guilty of petty theft, at a minimum. What a scumbag.

Tuesday, January 13, 2004

Wealth of Topics

There are many things I have on my plate to discuss here, but will not be able to do much until later in the week.

Sunday, January 11, 2004

Business with a Social Conscience?

CBS 60 Minutes had a segment on tonight's show about Greyston Bakeries and how the company is not only making a profit, but also serving the community.

The company hires folks who would otherwise be on welfare or the street and teaches them some of the most basic job skills -- show up (on time,) work hard, be honest, etc. all while making high end bakery products with names like "Peanut Butter Explosion" or "Triple Chocolate Mousse." (You know, the kind of desert you get in a high-end restaurant for a minimum of $5/slice -- 16-20 slices to a cake.) They also, apparently, sell 11,000 pounds of brownies to Ben & Jerry's daily for their "Double Chocolate Chunk" ice cream flavor.

The neighborhood (in Yonkers, I think) is pretty bad. One employee interviewed wouldn't take a job and remained on welfare, because she was afraid to leave her kids alone in that neighborhood unsupervised while she went to work.

The company has found an ingenious solution. All of the profits the company makes are sent to a non-profit organization the company has setup. This non-profit provides low-rent housing, subsidized day-care, computer training, and several other community services. It's no surprise that many of the employees take advantage of these services.

This all feels good. The owner, who decided to pursue business instead of the ministry seems to have found a third way, making a profit in a poor neighborhood, while transforming both the people and the neighborhood with his efforts.

What did 60 Minutes not tell us?

Well, the employees are almost all minimum wage employees. The owner acknowledges that he doesn't expect the employees to stay around forever, but expects them to eventually move up the ladder to better jobs.

The problem was really how to get employees who wouldn't come to work to come to work. He had to provide various services and such in order to make this operation viable for them (and him) to make a profit. If he had provided those services directly as company benefits, the tax would have been crushing. There was no way. But, but creating the non-profit foundation, that organization can provide the services with no tax burden. Furthermore, if the (private) company sinks all of it's profits into the foundation, the company will owe no income taxes either (no net income to tax, in essence.) It's a double win for the company -- no (significant) taxes and all of the services the employees need in order to work.

He's making a profit and running a private charity at the same time. Brilliant.
Missouri Public School Funding Lawsuit ... with a twist

I always like stories with twists in them. It makes the reading so much more interesting and now a number of public schools suing the state of Missouri over inequities in public school funding have offered just such a twist.

Back in the 1970's, the MO state legislature regenerated it's school funding formula taking into account various demographic and political factors. The formula so generated lasted for more than a decade, until the early 1990's when a group of 88 MO school districts sued the state and won. The legislature in 1993 revised the school funding formula again and it has stood as is, until now.

Now comes a group of 243 (of just over 500) school districts in MO once again suing the state over inequities in school funding. (That the suit was filed in Cole County, MO is no accident.) There are some significant disparities. At the low end, a small rural district may receive only about $4700 per pupil, while Clayton (a wealthy suburb of St. Louis) receives almost $14K per pupil. (Leave aside for the moment that the bulk of the Clayton funding comes from local property tax revenue, not from the state.) The state average is about $7500. Districts receiving less than the state average want to receive the state average. (Unfortunately, the folks who filed the lawsuit seem to have failed math since if all those districts then receive the state average, the average will have risen, unless of course all districts receive exactly the same amount, thereby punishing wealthier districts. If the Democrats wanted to drive more people to private schools, they probably couldn't have picked a better way to do it, assuming they win what they're after.)

This makes for a good story, but as I mentioned, there is a twist to this tale. I'll let the Jefferson City News Tribune pick up the story:
The state Constitution sets education as Missouri's second-most important government expense, behind only the public debt.

So the lawsuit also asks the courts to prohibit state government from paying for anything other than the public debt and the public schools until a constitutional formula is adopted.


Wow! What a twist, eh? This looks like something that the small-government Repulicans (alas, an endangered species, I believe) could get behind, begging the judge to grant the motion. This would effectively stop all funding to any other program (many of which do need to be ended or seriously restricted.)

What I suspect the filers are counting on is that cutting various other programs will even make the Republicans scream and so, they'll just up and change the formula before the judge has a chance to rule. The lawsuit isn't therefore designed to succeed in it's present form (but will if it has to,) rather it's designed to put pressure on the Republican legislature to alter the formula before a judge decides to do the job for them, particularly a judge from Cole County.

Me? I'd almost like to see the lawsuit succeed, in some respects, if only to find out which programs we can really do without.

UPDATE: I'm beginning to see some of the underlying structure of the school funding formula which is causing the disagreement. This editorial in the Joplin Globe spells out the issue a bit more clearly:
The most pressing issue is the state budget for education. While Joplin is definitely affected, it is less so than, say, neighboring Webb City. Joplin, as a so-called \\\"hold harmless\\\" district, gets relatively little money from the state. Webb City, however, gets nearly 70 percent of its money from Jefferson City.

That means Joplin\\\'s concerns are more centered on overall education policy and the screwed-up foundation formula that allows the idea of \\\"hold harmless,\\\" a concept ill-conceived in 1993 and even less appropriate now. Hold harmless, basically, is the idea that school districts with sufficient local property values are frozen at certain state funding levels. That way more state money can be given to poorer districts.

[The use of \\\ exists in the original. - Ed.]

Thus, the issue is that mostly the wealthy districts have the amount they receive from the state frozen at levels from a decade or so ago (making that amount relatively trivial in terms of what those districts need and/or actually spend per pupil.)

So, wealthy districts (property rich) receive a frozen amount of state funds, make up the difference locally with property taxes, and likely pay higher amounts of state income taxes, much of which is used for public education in other districts. But apparently, it's not enough.

Remove this hold harmless provision and what happens? Likely these wealthy districts end up with no state money at all and we get a "Robin Hood" plan much like has been in dispute in Texas for the last couple of decades.

This has also lead to the proposed bill to allow school districts to use direct income taxation to make up the difference. This won't work since it's the poorer districts (the residents of which can not afford any additional taxation) which would most likely benefit from this sort of bill. Does Clayton, at almost $14K per pupil, need the additional income taxation. The residents (on the whole) can "afford" it. That would only make the inequity that much greater.
Why Religious Fundamentalists are Republican

It says so right in the bible:
Ecc 10:2 A wise man's heart [is] at his right hand; but a fool's heart at his left.

So there you go. :)

Actually, the Message translates this better:
Ecc 10:2 Wise thinking leads to right living; Stupid thinking leads to wrong living.

No, I'm not going to delve into translation issues, but found this little verse mildly amusing and misapplied it to the context of politics.


Saturday, January 10, 2004

Buying things online

Before the advent of the internet, buying hard to find items was a real challenge, whether it was a tough shoe size, an obscure product, or a something by a less well-known, but cherished company. Those sorts of things were tough to come by.

With the internet, finding and buying those sorts of things has become routine. There is a downside, however. Products which used to be available, but were marginal, are sometimes no longer available for purchase in a traditional brick and mortar store. Those sorts of things are now only available online.

While this is reflective of the new economies of scale the internet brings, I must lament sometimes not being able to physically hunt down some of these things in local stores.

Ah well, I guess it's better for the environment, even if it isn't necessarily better for me. C'est la vie.
Give it back?

It seems the city of Cape Giradeau has a little problem. I'll let them explain.

The city of Cape Girardeau could stockpile $450,000 in motel and restaurant tax money over a seven-month period for tourism and economic development projects after it pays off bonds this spring that have financed improvements in Shawnee and Osage parks. ...

Martin said it would ultimately be up to the city council to decide how to spend the money.

City officials said the money can't be spent for basic city services. ...

City finance director John Richbourg said the city will pay $645,000 this year to retire $5.1 million in bonds issued to fund construction of the Shawnee Park soccer fields complex and the Osage Community Centre. The city issued $3.8 million in bonds in 1993 and $1.3 million in bonds in 1997.

All of the bonds will be paid off in April, Richbourg said Friday. The city then will be able to set aside motel and restaurant tax money that's not earmarked for the Southeast Missouri State University River Campus arts school project or the Cape Girardeau Convention and Visitors Bureau.


How about a novel solution, give it back. If you reduce the hotel and motel tax by a proportional amount, guests would have more money to use for other purposes (or to save some money for their companies.) I guess we can't have that.


Lawsuit against a Drug Company, lost in the shuffle

In little noticed news, Peabody Coal Company, based in St. Louis, filed a $35M lawsuit against Merck alleging that Merck defrauded it's employees through it's then subsidiary Medco, a mail order pharmacy. The Jefferson City News Tribune picks up the story.

The lawsuit alleges that pharmacy benefits provider Medco Health Solutions Inc. illegally sought to sell Merck drugs to Medco clients, even when costly drugs were available from other companies. Medco was a subsidiary of Merck until it was spun off in August. Both companies are based in New Jersey.

The companies sought to "deprive those in need of prescription drug benefits of honest services in the selection of, and payment for, prescription drugs, and to defraud employee benefit plans ...," the lawsuit read.

Despite the accusations involving Medco, that company is not named as a defendant.

The suit also alleges that Merck engaged in a nationwide scheme to defraud millions of people.


So, let's see if I have this straight. Medco apparently directed patients to use Merck drugs over others. I think the word "costly" above should be preceeded by the word "less" in order for this to make real sense, but who knows with lawsuits these days.

The other interesting point is that Medco isn't named in the suit. If Medco was doing this, perhaps even under the control and direction of Merck, I would think the lawsuit should name Medco, if only to uncover the paper trail. With Medco out of this loop, this is looking more like a dig for money.

I wonder if a little research into Peabody Energy (formerly Peabody Coal) NYSE:BTU might uncover something more. I do notice in a quick google search that most of what comes up when the search term "Peabody Coal" is entered are various federal lawsuits (which probably explains the name change.)
24 Hour Days

Using the principles of relativity, it is possible to make a 24 hour day last as long as desired merely by changing one's viewpoint. Does that invalidate the possibility of a 24 hour day as the actual extent in the creation story? No, but we must ponder that since Man was not created until the 6th day, the first 5 days can not be described from the perspective of man. Sure, such descriptions must use terms which man can comprehend, but inherently, the perspective is GOD's. Thus, we must next ask, how long is GOD's day?

Various scriptures point us in different directions which means that GOD's day lasts as long as GOD's day lasts and may or may not match the length of an earth day. (2 Pe 3:8, which talks about our time with GOD is one often used, but the context there is different from what we seek to describe. In short, there is no scripture indicating that GOD's actual day is different from ours, with the exception that GOD is outside of time since he created time and hence is not subject to time as we experience it. For GOD, all things may indeed happen at once.)

At this point, we don't seem to be much closer to our goal of matching science with the creation story, but we're getting there.
String Theory and Vibrational Modes

Don't worry about the discussion of creation. At this point, I'm still laying out some scientific background.

The most recent hypothesis about a Unified Field Theory is termed SuperString Theory. In this proposal, the universe has not the 4 dimension we see today (3 space, 1 time) but rather 10 dimensions. The other 6, for some reason, yet to be determined, are rolled up tightly (less than a Planck length, 10^-24 meters.)

The proposal uses strings of 2 kinds, open ended string, and closed strings, to postulate that vibrational modes of these strings account for the observed properties of everything we can physically measure from the properties of photons to neutrinos to electrons and the Hydrogen atom. All are describable or derivable, purportedly, from understanding the vibrational modes of these strings.

If the string vibrates in one mode, it may appear as a photon. In another mode, it may appear as some particle. This all seems reasonable. The interesting thing, at least to me, regard the vibrational modes in any of those other 6 dimensions. When we measure a particle, it has a physical extent and so, at least some of the vibration must occur within the 3 physical dimension with which we are familiar. A photon, however, does not have physical extent (that we can determine), but does have energy and behaves in some contexts as if it were a particle. Perhaps what we measure from photons, the energy, is really just the vibration occuring entirely in these other 6 dimensions. (This is pure speculation.) Perhaps this is why we don't measure photons as having physical extent.

In any event, the interesting notion appears to be that photons and particles may simply be different vibrational modes of the same underlying object. These are definitely interesting questions, at least to me.
Zero-point Energy of the Universe

Every physics student who has studied quantum mechanics knows that the space surrounding any particle has a zero-point energy, but that all matter has a ground state which is greater than this zero-point energy. Furthermore, even the background has an energy which is greater than this zero-point energy.

The result is that the background teams with particles being continually created and destroyed, subject to the Heisenberg Uncertainty Principle. The effect of this restriction is that the more energy borrowed from the background, the shorter duration which the resulting particles can live. Richard Fenyman first described this in an elegant way with Quantum Field Theory.

Most of this background creation and destruction is for tiny amounts of energy, creating say an electron/positron pair which then annihilate each other within the requisite time.

Earlier, Einstein discovered and mathematically described some of the rules which govern matter, when it appears in greated quantities, say as a star or a planet. (The properties still hold for smaller amounts, but are easier to measure for greater quantities.) One of the more interesting effects is that of time dilation. The more mass some object has, the slower time will run for that object, until it reaches such a mass that time will effectively stop at what is termed a Schwarzchild radius.

The question of interest to me was is it possible to borrow so much energy from the background that, while under normal conditions the duration of this loan would require it's almost immediate payback, the size is so great that the laws of gravitation and relativity come into play, thereby expanding this time duration to such an extent that it would therefore be possible to create all the matter we see in the universe using such a loophole?

I do not know the answer to this riddle, but it's a fascinating question. I wonder sometimes if a unified field theory might reveal that such a thing is possible and what the scientists would have to say about that.
The Origin of the Universe

One of the things which has always fascinated me was how the universe began. I was raised in a Southern Baptist church and so got the 6 (24 hour, I might add) days of creation story. Until early adolescence, I had no reason to disbelieve that story as told.

As I started to learn how to think, some details became less clear to me and being intellectually curious by nature, I wanted to learn more. This played a role in my decision to study Physics in college and in particular, to focus on Cosmology. That has lead to some interesting insights and also an interesting conclusion.

I have yet to find a significant incompatibility between the biblical creation story and that of science for understanding the beginnings of the universe, provided the strict adherence to a 24-hour earth day for the creation days is discarded. For many, this qualification is a non-starter and amounts to utter blasphemy.

My response to that is that GOD created matter, it's properties, light, it's properties, and interactions and laws governing both matter and light. We can discover, through the brains he created and the logic he created, what some of those properties are and can determine some facts about some parts of GOD's creation. Why should we deny the use of some parts of GOD's creation when attempting to understand other parts of his creation? That doesn't make any sense. GOD created us to have dominion over all, to subdue all (save other men), and to enjoy his creation. Well, understanding his creation allows us to have dominion and to subdue it and is thereby, a proper attitude toward GOD's creation.

(I suspect that much of the anathema towards science is really a repugnance to some of the scientists and their agendas, rather than the science itself. Truly enough, many scientists see science as a religion in it's own right and worship rational facts as the only truth, but that's not central this discussion.)

What I hope to accomplish in a series of essays over the next several weeks/months is to address a number of issues and hopefully reveal the sorts of insights I've gleaned over the years which had lead me to the understanding that science and the creation story are not incompatible, nor that science should be specifically excluded when viewing GOD's creation.

For me, science confirms the beauty and elegance of GOD's creation, his wonder and might as making everything fit just where it should and of filling every niche.

Friday, January 09, 2004

The Lawsuits of Madison County


Madison County, IL, just across the river from St. Louis, MO and considered to be part of the greater St. Louis Metro area, may just have to start looking for a new claim to fame. Based on this report from FOX News, the class action tort reform legislation killed off in the Senate this past October, when only 59 votes could be mustered in it's support, may be back on again. There were a couple of tweaks to make it more palatable to a couple of hold-outs, so it's likely to advance again.

The rules would essentially require that unless a significant fraction of the class plaintiffs were from the given state, the class action lawsuit must be heard in federal court, not state court. The tweaks added were of the form that if the primary incident and/or primary target were located in the state, the suit could remain in state court.

This looks likely to pass this congressional term, so it will be interesting to see how this plays out in real-life and how many years it takes to have any sort of impact at all, since it likely won't (and can't) affect any existing class action lawsuits.

Thursday, January 08, 2004

Embryonic Stem Cells

I listen to KSIV rather frequently and occasionally, I hear a commercial regarding the use of adult stem cells versus the use of embryonic stem cells. In particular, the commercial notes that there have been a number of people cured of various serious illnesses using adult stem cells, but none via the use of embryonic stem cells. It concludes that we should therefore not consider the use of embryonic stem cells at all.

I have a question. If a baby dies shortly after birth, does it make sense to donate that babies organs? That seems reasonable and charitable and I suspect that the folks arguing above would have no problem with such a gesture. Now, let's suppose that from that same baby, we harvest stem cells. Again, probably no problem. Let's just keep turning the clock back, then. What about a mom who goes into labor at 20 weeks and delivers a baby who dies shortly thereafter. Is it OK to use those stem cells? What about the stem cells from a natural miscarriage (which is surprisingly common, but not talked about for obvious reasons?)

The folks above want to draw lines, but where do we draw that line? If an abortion is induced for purposes of harvesting the stem cells, yes, I have a problem with that, but if the process is natural, what then? Ethically, I see no problem with harvesting the stem cells, if the life was lost naturally.

Wednesday, January 07, 2004

Congressman's Money Back Guarantee?

One of 6 persons vieing for the Missouri 3rd District seat being vacated by Dick Gephardt, is offering a money back guarantee to donors, should he win office. If he is elected and if after the 2 year term, any donor doesn't like his efforts, he's offering a no questions asked, full money back refund. The FEC notes that this apparently, violates no campaign finance laws.

Here's the original story from FOX 2 News, Saint Louis:
CANDIDATE OFFERS MONEY BACK GUARANTEE
(St. Louis-AP) -- It's a common sales pitch for those pushing vacuum cleaners or used cars, not so common for politicians: If you're not completely satisfied, you get your money back, guaranteed. Yet that's the pledge from Mariano Favazza, one of six Democrats seeking Missouri's Third District congressional seat being vacated after more than a quarter of a century by Dick Gephardt, who is running for president. Two Republicans have also announced intentions to run. If elected, Favazza says his campaign will refund donations, no questions asked, to any donor not satisfied with his actions in Congress. He asks only that donors wait the full two years of the term. A Federal Election Commission spokesman says the concept apparently violates no campaign contribution laws.


It's almost worth getting him elected and donating a minor amount of money to see if he would actually follow through on his promise.
The Last Rung

Or "Why Manufacturing Jobs are moving Offshore" is perhaps a more interesting subtext.

This article from Forbes magazine details why a small ladder manufacture is finally closing up shop. Even though his business has won all legal challenges, the cost of his liability insurance has skyrocketed from 6% of sales to over 29%. He just can't keep up and decided to close shop before it got worse.

So, what does this sort of thing tell other manufacturers? Why, it's cheaper to move manufacturing business offshore where liability laws are considerably different and where manufacturing can take place for reasonable costs, ie the cost of materials, basically. Granted, there are other factors, but product liability is a significant, and often overlooked, one. Setup an independent offshore company to produce the product and merely buy from that supplier (perhaps on an exclusive basis) and viola, far less liability while providing customers with similar products. Then we all get to grump about things being made in China or elsewhere.

Thanks to Overlawyered.com for the pointer.

Friday, January 02, 2004

Several dozen posts on Prefiled bills in the Missouri House

The next several dozen entries all relate to prefiled bills in the Missouri House. (The Missouri Senate's list is similar, so I haven't gone through it yet.)

I picked out the items which interested me and appear to have some impact, some which have obvious unintended consequences, and some which just go to show that the government has it's fingers in places where they just shouldn't be.

There are many bills on this list which are duplicated in one form or another. (4 that I count, extend the waste tire fee, which expired, until variously 2009-2011, for example.)

Most won't ever get out of committe. Some that do will be so modified that they'll be wholly unrecognizable in their final forms.

Let the fun begin (on Monday.)
Prefiled Resolution: Missouri -- Term limit Redux

HJR 29 -- Term Limits

Sponsor: Ward

This proposed constitutional amendment increases the total number
of years that a person may serve in either house of the General
Assembly from eight to 12 years and increases the total number of
years a person may serve in the General Assembly from 16 to 24
years.


We told them no a few years ago, but they just don't seem to listen well. We'll just have to keep telling them no, much like a toddler who keeps pestering her parent until the parent caves. Let's not cave on this one.
Prefiled Resolution: Missouri -- Balanced Budget submission, without tax increases

HJR 28 -- State Budget

Sponsor: Roark

This proposed constitutional amendment prohibits the Governor's
itemized estimated budget plan for proposed state spending from
including revenues that are contingent upon voter approval.


Currently, the governor must submit a balanced budget, as is the requirement in most states. He can, however, use tax increases (which must be passed by a vote of the state's voters before taking affect) to provide part of that balance.

This resolution would place on the ballot, a proposed constitutional amendment requiring the governor to use only currently authorized means to propose a balanced budget. (Tax increases, not authorized at the time of budget submission, would not be allowed as part of the balance consideration.)
Prefiled bill: Missouri -- DNA database

HB 931 Revises the DNA Profiling System to require DNA samples from any felon and any juvenile adjudicated for a felony or sex offense.



Prefiled bill: Missouri -- Don't leave a child unattended in a car -- ever

Creates the crime of leaving a child unattended in a motor vehicle in the third degree.


So if I fill up with gas and head inside to pay (I like to use cash instead of a card) while my daughter is in the locked vehicle, I would now be committing a crime. I must remove her from her car seat, take her in with me, in whatever weather, pay, then do the reverse.

There will now be more things I do without my daughter being around. There are now more things she won't have the opportunity to learn. Too bad.
Prefiled bill: Missouri -- From the "Self-Defenseless" department

HB 919 -- Possession of Body Armor

Sponsor: Cooper (120)

This bill makes it a crime for persons who have pled guilty or
nolo contendere to or have been convicted of a dangerous felony
to posses, purchase, or own body armor. The bill outlines
certain exemptions to this law.

The penalty for illegal possession of body armor is a class D
felony.


Not only can't I be armed in public, but now I can't provide any other means of protection either. Wonderful. When are politicians going to wake up and realize that criminals don't obey the law? (Yes, I know, never.)
Prefiled bill: Missouri -- Legislating Science

I love it when legislators think they have the first clue about anything scientific. This bill just goes to show that they do not.
HB 911 -- Standard Science Instruction

Sponsor: Cooper (155)

This bill prescribes definitions for the teaching of standard
science in public elementary and secondary schools by
distinguishing the differences between scientific law, scientific
theory, and hypothesis and by requiring the equal treatment of
viewpoints in written and orally presented material. The bill
prescribes seven major criteria for the presentation of
information in course materials and instruction. Textbook
publishers must certify that their books meet the requirements of
the bill, and the commissioner must post a list of suitable
textbooks by January 1, 2006. Textbooks purchased after January
1, 2006, must meet the requirements of the bill, and all
textbooks in use after January 1, 2016, must meet the
requirements. The Commissioner of Education is required to
appoint a committee of no fewer than five supporters of
intelligent design who are knowledgeable about science to develop
supplemental materials for interim use by September 1, 2005.
Willful neglect of the requirements of the bill is cause for
termination of a teaching contract. State-controlled testing
must conform with the bill, and a copy of the bill must be posted
in each eighth through twelfth grade public school classroom in
which only science is taught.


Evolution is not fact, but is theory and should be taught as theory. If one asks enough questions of the form "Where did that come from?" one eventually reaches an "I don't know" response, even from the most intelligent and well-trained scientist. This is the limit of science. To go further, delves into the realm of non-scientific thought, not a subject for science classes, but definitely where today's scientific thinking is taking place.
Prefiled bill: Missouri -- Additional filings with the MO Ethics Commission

HB 906 -- Campaign Information Disclosure

Sponsor: LeVota

This bill requires any individual, acting on his or her own
behalf or representing any business or committee other than a
candidate or party committee, who purchases print advertising,
purchases or causes any matter to be transmitted on a broadcast
station, or hires a professional phone bank to make calls
regarding or relative to any candidate for public office to fill
out and sign a form to be prepared by the Missouri Ethics
Commission listing certain information. In addition, the
individual must provide notice to the candidate of the broadcast
as well as a copy of the printed matter or a transcript of the
broadcast matter to the commission and the candidate.


Phone banks must now file notices if they perform services for candidates. This will just up the cost, I suspect.
Prefiled bill: Missouri -- This will never fly in St. Louis

HB 900 -- Voter Registration Identification

Sponsor: Taylor

This bill requires persons registering to vote to give proof of
United States citizenship and to give their name, address, and
the last four digits of their Social Security number.


After all, St. Louis is almost as bad as Chicago for vote fraud.
Prefiled bill: Missouri -- Tax Credit for Pregnancy centers

But only those which don't provide abortions or refer for abortions, ie not Planned Parenthood.

HB 893 -- Pregnancy Resource Centers

Sponsor: Icet

This bill authorizes a tax credit for 50% of contributions to
qualified pregnancy resource centers.

Pregnancy resource centers are nonresidential facilities that
provide assistance and support to women with crisis or unplanned
pregnancies and do not provide abortions or referrals for
abortion services.

The tax credits authorized may be taken against income tax,
corporate franchise tax, insurance premium tax, financial
institutions tax, and express company tax liability. The tax
credit is not refundable, but can be carried forward and claimed
for up to four taxable years.

The maximum credit an individual taxpayer can claim cannot exceed
$50,000 per year. The minimum contribution must exceed $100.
Contributions may be made in cash, stocks, bonds, or other
marketable securities or real property.

The statewide maximum of tax credits that can be taken in any one
year cannot exceed $2 million. The bill provides for the
Department of Social Services to certify the centers and the tax
credits and to apportion the credits when the applications for
the credits exceed the statewide cap.


Look for this one to fail.
Prefiled bill: Missouri -- A problem for religious charities?

HB 885 -- Discrimination Policies

Sponsor: Wilson (130)

This bill prohibits any public institution or entity that
receives state funds from adopting a discrimination policy that
exceeds current federal protections against discrimination.

Prefiled bill: Missouri -- Can't punish employee theft, don't ya know.

HB 882 -- Employees' Wages

Sponsor: Graham

This bill prohibits employers from deducting the cost of stolen
merchandise from an employee's wages. Any employer who violates
this provision is guilty of a class A misdemeanor and must
reimburse the employee for the wages unlawfully deducted plus
$500.

Prefiled bill: Missouri -- Shouldn't this have happened a long time ago?

HB 878 -- Child Support Payments

Sponsor: Salva

This bill prohibits any child support check or other
correspondence from containing the Social Security number of any
child support obligee, obligor, or the child entitled to the
support, unless otherwise required by federal law or court order.
Social Security numbers may be retained as confidential records.
Social Security numbers contained in any records of the Family
Support Division are not subject to public disclosure unless
required by court order or federal law.


Prefiled bill: Missouri -- Sunshine law reform

HB 870 -- Sunshine Law

Sponsor: Harris (23)

This bill makes various changes to the Sunshine Law. In its main
provisions, the bill:

(1) Expands the definition of "public meeting" to include
meetings conducted by conference call, video conference, Internet
chat, or Internet message board;

(2) Expands the definition of "public vote" to include votes
conducted by telephone or any other electronic means;

(3) Prohibits public governmental bodies from conducting votes
at public meetings unless the question voted upon is put to that
body's members at the same time and the public is allowed access
to the vote;

(4) Requires notice of public meetings conducted by telephone or
other electronic means to identify the mode by which the meeting
will be conducted and the designated location where the public
may observe and attend the meeting;

(5) Requires a public body, if it plans to meet by Internet
chat, Internet message board, or other computer link, to post a
notice of the meeting on the public body's web site in addition
to its principal office; to notify the public how to access the
meeting; and to ensure that reasonable access is granted to those
members of the public that do not have access to a home computer;

(6) Requires public bodies to allow public meetings to be
recorded by audiotape, videotape, or other electronic means and
allows the public body to establish recording guidelines;

(7) Requires that when a public governmental body member
transmits either a written or electronic message relating to
public business to one or more members of that body so that,
including the sender, a majority of the body's members are
copied, the sender also must transmit the message to the
custodian of records concurrently and in the same format. The
messages received by the custodian will be public records subject
to the exceptions of Section 610.021, RSMo; and

(8) Allows e-mail or electronic requests for public records to
be responded to in the same format.


This makes sense in the current electronic age. The bill even covers IM.
Prefiled bill: Missouri -- It's sad that we actually need this one

HB 863 -- Assault on a Sports Official

Sponsor: Richard

This bill creates the crime of intimidation of an athletic coach
or sports official, a class D felony. The crime occurs when a
person commits harassment or misdemeanor assault and the act is
motivated by the victim's status as a coach or sports official.


Parents out of control -- make 'em pay.
Prefiled bill: Missouri -- Repeal of the Blaine amendment?

HB 860 -- Higher Education Financial Assistance

Sponsor: Rupp

Currently, higher education students who are receiving assistance
from the Missouri College Guarantee Program must meet the same
eligibility requirements as those receiving assistance from the
Charles Gallagher Program, which cannot be used to study theology
or divinity. This bill exempts both the Missouri College
Guarantee and Gallagher programs from that prohibition, as well
as exempting the College Guarantee PLUS Program, Bright Flight
and Marguerite Ross Barnett scholarships, and the Public Service
Officer and Vietnam Veteran Survivor Grant programs.


This could be an interesting fight and bears watching.
Prefiled bill: Missouri -- "SEX OFFENDER" on drivers license

HB 858 -- Sex Offenders

Sponsor: Dusenberg

This bill requires the Department of Revenue to put the words
"SEX OFFENDER" on driver's licenses issued to any person who is
required to register as a sex offender. The State Highway Patrol
must provide the department with the name, address, and Social
Security number of every person on the sex offender registration
list and update the list every three months.


I wonder how this meshes with bill HB 784 which allows prosecutors to correct arrest records when false identities are used in crimes.
Prefiled bill: Missouri -- More taxes, just what we need

HB 856 -- School District Tax Alternatives

Sponsor: Holand

This bill allows school districts to adopt by voter approval a
personal income tax, sales tax, or both. Moneys raised by the
taxes would not be deducted from a district's state school aid.
For either tax, the school district must specify the purpose of
the tax and the period of time for which the tax will be imposed,
not to exceed three years. The income tax is a 5, 10, or 15%
surcharge on state personal income tax. The sales tax may be up
to one cent, in eighth-cent increments. The income tax may also
be used for property tax reduction, in which case it may run up
to five years. The bill contains technical provisions for the
handling and transfer of funds and for the conduct of the
elections.


School districts come around begging for bonds a couple of times a year and most often, the request is rebuffed. This would allow those districts to impose additional taxes. Voter approval above would mean majority voter approval, not the usual 2/3rds as is required currently. Sneaky, but I expect nothing less from the legislature.
Prefiled bill: Missouri -- Mental health the same as Physical health

HB 855 -- Health Insurance

Sponsor: Holand

Under current law, there are several exceptions to the
requirement that health insurers who cover services for mental
illness and addictive disorders provide the same coverage as they
do for physical illness. These include exceptions that allow
insurers to limit inpatient hospital treatment for mental illness
to 90 days per year (Section 376.811, RSMo), place annual and
lifetime limits on alcohol and drug abuse treatment services
(Section 376.827), and exclude or apply different limits to
certain specified services (Section 376.833).

This bill repeals the current law and requires health carriers
that offer health benefit plans in this state on or after January
1, 2005, to provide coverage for mental health conditions.
Mental health conditions are defined as those listed in the most
recent edition of the Diagnostic and Statistical Manual of Mental
Disorders. Coverage for mental health conditions cannot have
rates, terms, or conditions that place a greater financial burden
on an insured for mental health treatment than for physical
health treatment.

The bill does not apply to supplemental insurance policies.


Look for insurers to continue to change policies so that catastrophic conditions are the only things covered with all else being covered by supplemental policies. Until then, however, look for insurance costs to continue to rise.
Prefiled bill: Missouri -- One the Unions will oppose

HB 844 -- Open Contracting Act

Sponsor: Mayer

This bill establishes the Open Contracting Act. The state and
political subdivisions when procuring products, letting
contracts, issuing grants, or entering into cooperative
agreements for construction of public works may not:

(1) Require or prohibit contractors to enter into or adhere to
agreements with one or more labor organizations on the same or
related projects or prohibit contractors from doing the same;

(2) Discriminate against contractors for refusing to become or
remain signatories or otherwise adhere to agreements with one or
more labor organizations on the same or related contracts; and

(3) Require or prohibit any contractor from entering into any
agreement that requires its employees to become members of or
affiliated with a labor organization.

An interested party, including a bidder, contractor, or taxpayer,
may challenge any bid specification, project agreement,
controlling document, grant, or cooperative agreement in
violation of this law and will be awarded costs and attorney fees
if a challenge succeeds.


Wow, a little bit of competition for public works contracts.
Prefiled bill: Missouri -- Using Patented (GM) Seeds

HB 829 -- Seed Availability and Competition Act

Sponsor: Shoemyer

This bill is to be known as the Missouri Seed Availability and
Competition Act. The bill requires farmers who plant patented
seed and want to retain seed from their harvest for next season's
planting to register with the Department of Agriculture and pay a
fee of $7 for each bushel of seed retained. The fees are to be
deposited in the Genetically Engineered Seed Fund, created by the
bill. Six dollars per bushel collected are to be remitted to the
patent holder of the genetically engineered seed on a quarterly
basis. One dollar is to be retained for actual administrative
costs of the fund, with any excess moneys to be appropriated from
a subaccount of the Genetically Engineered Seed Fund to the
University of Missouri for agricultural research and development.

Under the bill, a farmer will only be liable if he or she
intentionally or negligently fails to follow the patent holder's
or manufacturer's instructions and guidelines regarding the use
of the seed.

Any person who violates the provisions of the bill commits the
crime of misappropriation of patented seed and is guilty of a
class D felony. All other additional legal remedies are
available to the owner of the misappropriated seed.


Currently, patentholders prevent farmers using their GM seeds from witholding any of that seed for use in the subsequent years planting. Each farmer must buy new seed from the patent holder each year. This gets the state involved administering such uses -- a bad place for the government to be, IMO.
Prefiled bill: Missouri -- Deposit Only Trust Fund

HB 827 -- Hancock Amendment Refund Trust Fund

Sponsor: LeVota

This bill creates the Hancock Amendment Refund Trust Fund.

Taxpayers due a refund of $10 or less pursuant to Article X,
Section 18 of the Missouri Constitution, commonly known as the
Hancock Amendment, may designate on their state income tax return
that the refund be credited to the trust fund. The amount
designated will be credited on the taxpayer's return in the
following tax year and appear on the taxpayer's W-2 form.

Deposits in the trust fund will be used solely for payment of
costs incurred administering the trust fund.


Emphasis mine. What would we do without legislators.
Prefiled bill: Missouri -- Law Enforcement officer hiring reform

HB 821 -- Personnel Records of Peace Officers

Sponsor: Thompson

This bill requires law enforcement agencies to provide the
personnel records of any peace officer when the peace officer
seeks employment with another law enforcement agency. These
records include any uncompleted investigation of alleged acts of
the peace officer.

The bill also requires law enforcement agencies to notify the
Peace Officer Standards and Training Commission upon acquiring
information that demonstrates the peace officer's unfitness for
certification.


The issue has been that officers in one jurisdiction who have problems or are dismissed are getting picked up by other jurisdictions who have no knowledge of that officer's history. This bill fixes that so that problem officers get removed from circulation.
Prefiled bill: Missouri -- Probably some good here

HB 818 -- Auto Insurance

Sponsor: Daus

This bill prohibits auto insurers from acquiring an ownership
interest in an auto body repair shop. Any insurer that already
has an ownership interest must divest itself of that ownership by
August 28, 2007. The bill also prohibits an auto insurer from
compensating any person for referring an insured to an auto body
repair shop owned by the insurer. Violation is an unlawful
merchandising practice.


If there are multiple insurance companies, then owning or partially owning body shops would seem reasonable, but this concept strikes me partly as questionable.
Prefiled bill: Missouri -- Some of these are just entertaining

HB 807 -- Taxation: Campaign Contributions

Sponsor: Selby

This bill imposes a 10% tax on all campaign contributions made by
a taxpayer to any candidate or committee that receives
contributions. The revenue derived from the tax will be
deposited in the State Public School Fund.


No comment necessary.
Prefiled bill: Missouri -- This could be interesting

HB 805 -- Sales/Use Tax on Certain Motor Vehicles and Watercraft

Sponsor: Selby

This bill exempts from state and local sales and use taxes all
sales of new motor vehicles and new watercraft assembled in
Missouri on or after January 1, 2005.


Since Ford has an Explorer plant in Hazelwood, an F-150 plant in Kansas City, Chrysler has a pickup and minivan plant in the St. Louis area, and GM has a (minivan, I think) plant in the St. Louis area, this could be really good for local business considering that sales tax adds a minimum of $1000 to the price of a new vehicle. Notice, however, that all of these vehicles are large and none are cars. Interesting incentive. I wonder if the dealers will simply up their prices to compensate (a bit.)
Prefiled bill: Missouri -- Missouri Rx Drug Program

HB 800 -- Missouri Rx Card Program

Sponsor: Johnson (47)

This bill establishes the Missouri Rx Card Program as the state
pharmaceutical assistance program in the Department of Social
Services.


So where is the revenue going to come from, eh?
Prefile bill: Missouri -- Just what we need

HB 792 -- Barber Apprentices

Sponsor: Boykins

This bill provides for the licensing of barber apprentices and
certification of barber apprentice supervisors. Barber
apprentices must work under a licensed barber who is certified by
the State Board of Barber Examiners to act as a barber apprentice
supervisor for no less than 2,000 hours prior to being eligible
to apply for a barber's license. Applicants for a barber
apprentice certificate must be at least 17 years old.


I wish I were making this stuff up.
Prefiled bill: Missouri -- False Identity Correction on Arrest Records

HB 784 -- False Impersonation

Sponsor: Walton

This bill expands the crime of false impersonation to include the
providing of a false identity to a law enforcement officer upon
arrest. If the false identity is not discovered until after the
person is convicted, the prosecutor must file a motion to correct
the arrest and court records. The bill also allows the court to
order the expungement of the false arrest records for the person
whose identity was used.


When a person commits a crime using a false identity can is convicted, the record is in the name of the false identity. This bill would correct that and allow the prosecutor to allow correction of the arrest record so that the innocent identity theft victim doesn't get the double (or triple) whammy of having to deal with a false conviction as well.
Prefiled bill: Missouri -- Public Privatization Contracts

HB 779 -- Public Privatization Contracts

Sponsor: Lowe

This bill creates the Public Service Accountability Act, which
requires most public bodies to analyze costs and benefits of
privatizing their services for any service valued at $25,000 or
more. The public body must prepare a statement of services
proposed to be the subject of the privatization contract that
includes the specific quantity and standard of quality which will
be used to solicit sealed bids. The bill contains requirements
for the bidding procedure. A comprehensive written estimate of
the cost of a privatization contract and the cost of regular
public employees providing the services must be prepared. A
contract can only be granted when the cost differential is more
than a 10% savings. Minimum wages for the privatization contract
are established. No contract may exceed two years in length.
Privatization contractors must offer employment positions to
qualified agency employees whose jobs are eliminated as a result
of the contract. The bill outlines other considerations for the
awarding of a privatization contract. The bill also places
certain restrictions on the hiring of a subcontractor and
guidelines for the contractor to follow during the length of the
privatization contract. Remedies for violation of this law are
outlined in the bill. Funds of a public body may not be used to
support or oppose unionization.

A privatization contract is defined as an agreement, or
combination or series of agreements, by which a nongovernmental
person or entity agrees with a public body to provide services
which are substantially similar to and in lieu of services which
have been provided, in whole or in part, by regular employees of
a public body.

The bill contains an emergency clause.


This actually sounds like a decent reform. If the private sector can do things cheaper/better, let them. Let's hope that if this passes, the emergency clause isn't an escape clause.

Prefiled bill: Missouri -- Elimination of some Tax Credits

HB 778 -- Tax Credits for Distressed Communities

Sponsor: Johnson (47)

For tax years beginning January 1, 2005, this bill prohibits:

(1) Tax credits for affordable housing assistance;

(2) Tax credits for a business making a contribution to a
neighborhood organization;

(3) Tax credits for any economic development project located in
a distressed community;

(4) Tax credits for new or expanded business facility;

(5) Tax credits for investments in a small business located in a
distressed community;

(6) Tax credits for any qualifying residence or any eligible
costs incurred for a new residence in any distressed community;

(7) Tax credits for certified capital investments in any
business located in a distressed community (CAPCO);

(8) Tax credits for relocating a business to a distressed
community;

(9) Tax credits for investing in the transportation development
of a distressed community;

(10) Tax credits for contributions to innovation centers; and

(11) Tax credits for training costs associated with the Missouri
Individual Training Account Program.


Some of these need to be eliminated as they are rarely used or any use of them is almost entirely abuse. I suspect, however, that this is part of Gov. Holden's plan to eliminated corporate loopholes in the tax code to increase the state's revenue by a projected $200M in FY 2005.
Prefiled bill: Missouri -- Campaign contribution limits

HB 776 -- Campaign Contribution Limits

Sponsor: Johnson (47)

This bill doubles the limit on campaign contributions made by
individuals and makes those limits applicable to continuing
committees which are political party committees. The bill also
reduces by 90% the limit on campaign contributions made by
political party committees.


You may recall a couple of years back, a Missouri case on campaign limits made it to the SCOTUS which rejected the challenge to the law limited such contributions.

This bill would appear to up the amount which can be donated to party committees, but limit how those committees can then reallocate the monies.
Prefiled bill: Missouri -- TIF "Reform"

HB 775 -- Tax Increment Financing Guidelines

Sponsor: Johnson (47)

For projects approved after December 31, 2004, this bill permits
tax increment financing (TIF) to be used for no more than 25% of
the total estimated redevelopment costs for projects that are
primarily retail. The bill prohibits TIF from being used to
develop sites in which 25% or more of the area is vacant or if
the area is currently being used for agricultural or
horticultural purposes.

The bill also requires municipalities that receive payments in
lieu of taxes from a redevelopment project to pay 25% of these
payments to other taxing entities which may be entitled to
receive revenue from levies on real property. When a TIF project
includes residential uses, the bill requires that the real
property tax levies attributable to the residential portion of
the development pass through to the school district.


Well, it does a bit, I guess, limited the total amount available for TIF bonds, but does nothing to change the underlying structural problems, namely the ease with which any area can be deemed blighted.
Prefiled bill: Missouri -- Senior Citizen Property Tax Assessment Increase Exemption


HB 771 -- Property Tax Homestead Exemption

Sponsor: Green

This bill authorizes a homestead exemption for purposes of real
property taxation for all taxpayers 65 years of age or older and
for certain persons who are disabled.

The bill freezes the assessed valuation on any residence owned by
qualified taxpayers if the residence has been assessed and
property taxes have been paid for three or more of the previous
years.

The state will be required to reimburse the losses of any
political subdivision as the result of the homestead exemption
through appropriation based on regulations established by the
State Auditor.

The bill has an effective date of January 1, 2005.


So the state gets to reimburse counties and cities for loss of property tax revenue due to excluding senior citizens from increases in property tax assessments. The state gets it's money from the feds and personal income taxes (primarily) so this is just a wealth transfer from those who are trying to accumulate wealth to those who already have it. Brilliant.

I hope this fails.

Thursday, January 01, 2004

Insurance Claims, French Style

Let's suppose you live in a 2 story apartment (or rent a townhouse.) Let's suppose that there is a water leak between floors. Who pays?

In the US, if the leaky pipe is within the walls, the owner pays. Pure and simple. If I left the water running, it's my fault. If I plugged a drain and water overflowed causing the damage, again it's my fault. Seems rather obvious.

When I lived in France a few years ago, I had this happen. There was a lengthy argument between my insurance company and the insurance company of the apartment owner. It seems the discussion was over whether the pipe in question was a horizontal pipe or a vertical one. If the pipe was horizontal, it would be "within the boundaries" of my apartment and hence my insurance company would be responsible. If it were a vertical pipe, it was the owners responsibility.

To demonstrate how silly this is, since the drain from the tub travels downward a few inches, but is still physically within the boundaries of my apartment, any leak on that downward section would be the owners responsibility.

The companies spent weeks attempting to sort this out. In the meantime, we've got a hole in our ceiling right under the leak so we can catch the falling water. When we left France, several weeks later, the issue still wasn't resolved and I ended up having to sign a document allowing the owner's management company to negotiate on my behalf.

(Oh, the stories I can tell and will, over time.)
Pigeon holes

Why do some people insist on attempting to categorize how people think? What purpose does that serve? On more than one occasion, someone has attempted to say, in essence, that I'm of this school or that school of thinking. Interesting notion, save that I had never heard of any of the persons after whom those "schools" of thought were named. I suppose that I still may think in some similar ways, but it seems rude to try to lump someone in with a group. I've always wondered what purpose such pigeon holing might serve as I don't see it, although I guess it could be a way to attempt to present counter-arguments in a debate.

I try (and succeed more often than not) to treat individuals like individuals with their own ways of thinking and attempt to understand how each person thinks. This is part of the essence of relationship, learning how another person thinks, for good or ill. It does not seem possible to have a relationship without at least attempting to gather such knowledge.
Blogging

I guess I'm into this blogging thing now. I find myself half a dozen times a day or more thinking "I should blog that" but it's always when I'm away from any resource which allows access to my blog. (No, I'm not ready to spring for bloggin by phone yet.) I have probably forgotten more things to blog about than I've blogged in the last week.
Cold Mountain (contains end spoiler)

I know this movie is based on the book "Cold Mountain" by Charles Frazier but why must serious movies always end in tragedy? When was the last time I saw a serious movie which ended happily? BTW, Renee Zellweger steals the show. Easily. That's a hard thing to do when playing opposite Jude Law and Nicole Kidman.

Yes, it's a bit simple, but part of the purpose of movies is to provide some alternative to reality (perhaps a close approximation.)

The underlying story is about a man, Inman, who, remains true to himself and faithful, resisting temptations thrown in his path as he seeks the one goal of his heart, Ada. When he finally reaches that place in his journey, he confronts the final evil and remaining true to fight for what he believes meets a tragic end. He met his end and while he died happy, he still died. He didn't get to enjoy the results of his journey.

I recommend this movie, although it does have a bit too much nudity for my taste.
Automated deduction for paying bills

Technology has finally gotten to a point where there is little need to be (overly) concerned about security of such transfers. The issue I still have is one where I control the timing of such payments.

While I haven't investigated this issue for a while, and so technology may have changed substantially, when bills are due and in an automated system when they are deducted is fixed. My direct deposits (from my employer) are also fixed, but the 2 don't always meet up cleanly. Thus, there is a real need to control when bill payment occurs, particularly if I leave as little as possible in my checking account (since any interest accrued there is a really poor investment.)

If there were a way to tell, say the phone company, which day of any particular month to withdraw funds, that would be a big help. Thus, I would sign up for an automated payment system with my phone company. They would send me an email roughly a week or so before they would normally deduct payment and give me the option of proceeding now (perhaps with a small discount), proceeding as normal, or adjusting the payment date by several days in either direction, but with, perhaps, a small penalty for paying after the due date, if in fact that best matches my direct deposits.

This sort of control is important for both of us. It would still reduce handling costs for processing an incoming check for the phone company, would reduce my costs of writing/mailing checks to them, would give me the flexibility I need to make payments which fit with my deposit schedule, but would also give the phone company explicit knowledge about when payment would occur making it easier to balance their books regarding my account.

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