Southeast Day of Rest Initiative

[True Federalist (진정한 연방 주의자)]

I promised a few fun initatives for debate now that I'm private citizen again.  Here’s the first.  I welcome suggestions for improvement before I start trying to get signatures.  BTW, South Carolina's original blue laws were similarly multicultural.  Christians were expected to close businesses on Sundays and Jews were expected to close on Saturdays.
Southeast Day of Rest Initiative

§1. Findings
(a) Human beings benefit from following the practice of observing a day of rest on a periodic basis.
(b) Modern business practice is antagonistic to the principle of a day of rest.
(c) Most of the world's religions call for either one day of rest per week or four days of rest per lunar month.
(d) The multicultural nature of Atlasia, makes the imposition of a specific day of rest for everyone both problematic and unconstitional.

§2. Business Entity
(a) For the purposes of this initiative, the term “business entity” shall include -
   (1) any self-employed individual, or
   (2) any partnership, organization, or corporation.
(b) For the purposes of this initiative, business entities that would otherwise be considered seperate shall be considered a single business entity if they share a common place of business or a common method of customer contact.
(c) A wholly-owned or majority-owned subsidiary shall be considered to be part of the whole or majority owner.

§3. Day of Rest
Except as provided in this initiative, every business entity in the Southeast Region shall observe a day of rest, defined as a period of 24 continuous hours, in any week, defined as any period of 168 continous hours or be subject to the tax provided for in section 4.

§4. Overwork Tax
In any calendar year, for each nonoverlapping week in which that business entity does not observe a day of rest required under this initiative, a tax of 1% of the gross annual revenues received by that business entity, from whatever source, shall be paid to the Southeast Region.

§5. Farming
Because the biological nature of agriculture requires continuous monitoring, all aspects of farming prior to the harvest of an agricultural product shall be exempt from the provisions of this initiative.  Harvesting and processing of an agricultural product shall be subject to the requirements of this initiative, save where exempted under another section.

§6. Manufacturing
Manufacturing processes which cannot be halted or restarted in period of four hours or less shall be exempt from the requirements of this initiative.

§7. Medicine
The provision of medical goods and services shall be exempt from the requirements of this initiative.  Elective surgery and routine medical examinations shall not be considered to be medical services under this initiative.

§8. Transport
(a) The provision of motor vehicle goods and services, other than the sale or rental of a vehicle, shall be exempt from the requirements of this initiative.
(b) The provision of goods and services in an airport, seaport, train station, or bus station for the comfort, convienence, or safety of passengers or cargo making use of such facility, shall be exempt from the requirements of this initiative.  Regulations may be promulgated under section 15 to require that a provider demonstrate that a minimum percentage of such provision was indeed for such passengers or cargo in order for the provision of goods and services to be exempt under this subsection.

§9. Lodging
The provision of lodging, and of goods and services to such lodgers, shall be exempt from the requirements of this initiative.  Regulations may be promulgated under section 15 to require that a provider demonstrate that a minimum percentage of such provision was indeed for such lodgers in order for the provision of goods and services to be exempt under this section.

§10. Security
The provision of security services shall be exempt from the requirements of this initiative.

§11. Unexpected Work
Work undertaken to repair or mitgate an unexpected and unusual problem that in the absence of such work would cause damage other than loss of business shall be exempt from the requirements of this initiative.

§12. Utilities
(a) The provison of water, sewage, electricity, gas, telecommunications, and other utilities, shall be exempt from the requirements of this initiative save as provided in paragraph (b).
(b) The routine servicing of such utilities shall be subject to the requirements of this initiative.

§13. Automation
(a) The provision of goods or services by a machine not requiring any human supervision shall be exempt from the requirements of this initiative.
(b) The servicing of such machines shall be subject to the requirements of this initiative.

§14. Disasters, Emergencies, and War
In time of disasters (whether man-made or otherwise), emergencies, and war, the Governor may suspend this initiative in whole or in part for either the entire Southeast Region or selected parts.  Such suspension may be made retroactive (but by no more than 30 days) to the start of the disaster, emergency, or war.

§15. Regulations
The Governor, or his designee, shall have authority to issue regulations to carry out this initiative.

[Jake]

I'll sign, as thorough as always Ernest

[John Dibble]

Could you elaborate on Section 3? Is this initiative basically ordering businesses to shut down once a week, excluding the exceptions?

[Sam Spade]

Could you elaborate on Section 3? Is this initiative basically ordering businesses to shut down once a week, excluding the exceptions?

That's what it reads to me too.

Nonetheless, this initiative is well-written and well-thought out and will receive my signature for it to be on the ballot this upcoming March.

X Sam Spade

[True Federalist (진정한 연방 주의자)]

Basically.  If they don't, they have to pay the tax.  It is possible that highly seasonal businesses might choose to remain open seven days a week during that season despite the tax.  After all, staying open 7 days a week during the Holiday shopping season is only going to incur a tax of 4 or 5% of annual revenues while trying to do that throughout the year wiould incur a 52% tax (Yikes!)  It would be possible for businesses to finesse this initiative by closing on an afternoon and the following morning, for example, from noon Tuesday to noon Wednesday, but at least they would be closed for a solid 24 hour period.

[jokerman]

X Cosmo Kramer

[John Dibble]

Well - can't say I'm for this, if that's the case Ernest. A better law would be that you couldn't force workers to work more than 6 days in a row - people would just work different days so that businesses could stay open. There's also many things I think that aren't considered - what if on my day of rest, it is also the day of rest for the business that provides the form of entertainment or relaxation I like best(restaraunts, movie theaters, or whatever), or the day the local supermarket shuts down for their day of rest, or various other stores and services that we only have time to visit on certain days. Really, I don't think this is practical, and would be bad for the Southeast's economy.

[True Federalist (진정한 연방 주의자)]

John, I really doubt that every single restaurant or movie theatre or whatever would choose the same day to close.  It might well be that the particular restaurant you like to patronize would close on the day you would prefer to patronize it, but not all restaurants.  You would have to be in a very rural remote area of the Southeast to have only a single supermarket, hardware store, etc. open, the sort of area that is likely to already have stores closed one or more days per week anyway.  Working only at the employee level would create a penalty against the self-employed and small-business owners in favor of corporations.  Indeed, one of the things that this initiative does is to eliminate the advantage that large businesses have of being able to be open 7 days a week more easily.  Thus, this initiative would encourage a decentralization of capital by improving the competitiveness of small businesses.

[True Federalist (진정한 연방 주의자)]

As for the economic effects, I don't see this initative reducing the consumption of goods or services by much.  A small reduction in impulse buys would occur, and a slight contraction from reduced operating costs from businesses that are currently open 7 days a week and would be open only 6 days a week under this initiative.  The only concern I have with undesirable economic effects is in manufacturing, and I've tried to address those concerns in the initative by carving out exceptions for manufacturing pocesses that essentially require continuous operation.  Days that experience peak demand for certain services would likely see most providers of those services choose to not use those days for their day of rest.

The only truly underdesirable effect that I can't see a way of mitigating or avoiding is that Extreme Makeover: Home Edition wouldn't shoot any more episodes in the Southeast, but that is a minor problem.

By the way, I'm perfectly ware that there probably are other exceptions that need to be carved out, which is why if people would suggest them, I'd consider adding them to this initiative.

[Sam Spade]

The only concern I have with undesirable economic effects is in manufacturing, and I've tried to address those concerns in the initative by carving out exceptions for manufacturing pocesses that essentially require continuous operation. 

This would certainly be a major issue at many of the oil and gas refineries along the Texas and Louisiana Gulf Coasts.

I think this bill addresses those concerns, though.

[John Dibble]

Working only at the employee level would create a penalty against the self-employed and small-business owners in favor of corporations.

I don't see how. Heck, there's this certain chicken restaraunt chain that closes every Sunday and they are still wildly successful.



It should be left up to business owners what policy is best for them. You ask why favor big business, I counter and ask why favor small business - better yet, why don't we just let the market sort things out?

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Say I own a non-chain restaraunt - how is it difficult for me to have it run 7 days a week? Heck, look at chain restaraunts - these essentially manage themselves, not the corporate office. It's not required that the owner work every day - that's what managers are for. Now, let's say my restaraunt does good business every day - by forcing me to close for a day, you make my regular customers for that day go elsewhere, probably to one of those large corporate chains. In other words, I've lost money because of your policy.

Seriously, I don't see how this would benefit small business over large business - when the small ones close, people might instead go to the big, and visa versa. I really don't see how this would benefit small business.

[True Federalist (진정한 연방 주의자)]

Why don't we just let the market sort things out?

Because sir, while the market is the best mechanism for determining one-on-one interactions, when it comes to other types of social interactions, the merket doesn't work.  The concept of a day of rest is a good idea, one that until a few decades ago was religiously followed in much of Atlasia (pun intended).  I happen to feel that it would be a good idea if that concept were restored to Atlasian culture.  Unfortunately, market forces are causing more and more businesses to extend their operating hours.  The only way to counter that trend is to add additional costs for doing so, such as the overwork tax contained in this initiative, or to subsidize desirable behavior, which costs money the Region government doesn't have.

As for your Chick-fil-A example, two things.  Sunday is not a prime sales day for most fast food restaurants, and its no sales on Sunday policy helps the company to attract Chrstian sabbath keepers.  In short, I can come up with sound business reasons as to why Chick-fil-A chooses to close on Sundays.  Reasons that unfortunately depend upon them being the exception and not the rule.  I would much rather see that policy be the rule instead of the exception.

[John Dibble]

Why don't we just let the market sort things out?

Because sir, while the market is the best mechanism for determining one-on-one interactions, when it comes to other types of social interactions, the merket doesn't work.  The concept of a day of rest is a good idea, one that until a few decades ago was religiously followed in much of Atlasia (pun intended).  I happen to feel that it would be a good idea if that concept were restored to Atlasian culture.  Unfortunately, market forces are causing more and more businesses to extend their operating hours.  The only way to counter that trend is to add additional costs for doing so, such as the overwork tax contained in this initiative, or to subsidize desirable behavior, which costs money the Region government doesn't have.

I disagree. I've stated my reasons - you have not convinced me this will be good for small business or for big business. Back up your claims with evidence.

And don't talk of 'culture' - it is not the government's job to regulate culture. The vast majority of workers have at least one, if not two, days off a week - I don't see the problem.

[True Federalist (진정한 연방 주의자)]

Then whose job is it?  Culture is never a private concern.  By its very function culture is a communal possession; the only question is how to define the community.  The hectic 24/7 culture that is developing promotes stress and reduces the opportinities for quiet contemplation that are good for both body and soul.  In addition, this initiative will act indirectly as an energy conservation measure.  I’m willing to consider alterations to this initiative to alleviate economic impacts, but so far no one has proposed any beyond the ones I've already included.

As far as evidence is concerned, based on actual experience during WW II, it is a fact that promoting a reduction in the number of business days will act to conserve energy which is a net economic benefit.  Other economic data is likely to be hard to come by, and I don't have any, but if you can present any evidence I would be interested in seeing it.  In any case, the economic arguments are secondary to the cultural ones.

[John Dibble]

Then whose job is it?  Culture is never a private concern.

Certainly not the government's. When the government starts regulating culture, it subsidizes crappy art that doesn't mean anything and similar things. I repeat, it's not the government's job to determine what's good and bad for our culture.

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Culture isn't a 'possession' - it's not a piece of property. Culture is inclusive of morals, religion, philosophy, and so much more. And remember, the community is made up of individuals. Every individual has their own little culture, and this adds up to be the larger culture.

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As I said, people don't work 24/7 - the economy might, but very few individuals work even close to that. Most work 5 days a week, some 6. And once again, I point out that the favored rest and contemplation of many might be shut down on the days they get to rest.

This is a completely unnecessary use of government power. Leave it up to the market.

[True Federalist (진정한 연방 주의자)]

Well, I wasn't expecting much libertarian support on this measure.  This measure is conservative rather than libertarian.  As far as leaving it up to the market, when it comes to picking which day should be the day of rest, I am leaving it up to the economic market, as it should do a good job of that, but I feel that the economic market has failed on the issue of having a day to rest to begin with, thus I must turn to the political market.

[TomC]

I don't know if I need a position or whatnot to register my opinion, here, but I'm against this. Punitive taxes for working too hard? Not fair. It's great if businesses want to close for a day, but this is not a free market reform. Free markets are what made this nation the powerhouse that it is, not government interference in how a business runs itself.

And why does it unfairly benefit farmers? I mean retail has a definite time period when most of its business is conducted and profits are made (Christmas season), so why not an exemption for them too?  No "open houses" on Sunday for real estate? No papers sold one day each week? Local TV must shut down? Web sites cannot make sales one day/week? This regulation, while a nice attempt to reduce stress, is too big government. I urge lawmakers to consider all the hinderances this may cause for consituents and vote "no." Businesses shouldn't be taxed for trying to make a profit and having flexible hours for their consumers.

[True Federalist (진정한 연방 주의자)]

And why does it unfairly benefit farmers?

The farming exception is because by its nature, farming is a business in which you can't take a day off, especially in animal husbandry, but also to a lesser extent, horticulture as well.  Harvesting/slaughtering/processing isn't subject to those same constraints, so that portion of agribusiness is not granted an industry specific exemption.  Section 5 is essentially a clarification of section 6 as it pertains to farming.

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Since it affects every retail business equally, they will all be on the same level playing field.  As I've said earlier, I expect that a few businesses may decide that at peak seasons such as the Holidays that they would do better by paying the tax and operating 7 days a week.  To the extent that the overwork tax generates revenue, such revenues could be used to decrease other taxes.

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Perfectly legal without incurring the tax if the real estate agency is closed some other day of the week.

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I think they would be exempted under the telecommunications and other utilities proviso, but I have no objection to an explict exception for the media such as:

§16. Media
News services, broadcasting and the publication of periodical print or electronic publications shall be exempt from the requirements of this initiative.

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Web sites are excepted under section 13, Automation, so long as they don't have human customer service available 7 days/week.

[John Dibble]

Just a reminder to the voters of the Southeast, I advise you to vote Nay on this. I did. Don't blame me when you go out to celebrate and your favorite restaraunt is closed, or if you waste time and gas going to a store only to find it closed.

EDIT - also, don't blame me if you work for an hourly wage and you start getting less hours, and thus less money, because your business shuts down once a week.

[7,052,770]

Just a reminder to the voters of the Southeast, I advise you to vote Nay on this. I did. Don't blame me when you go out to celebrate and your favorite restaraunt is closed, or if you waste time and gas going to a store only to find it closed.

EDIT - also, don't blame me if you work for an hourly wage and you start getting less hours, and thus less money, because your business shuts down once a week.

Businesses won't all be closed on the same day.

[Jake]

Just a reminder to the voters of the Southeast, I advise you to vote Nay on this. I did. Don't blame me when you go out to celebrate and your favorite restaraunt is closed, or if you waste time and gas going to a store only to find it closed.

EDIT - also, don't blame me if you work for an hourly wage and you start getting less hours, and thus less money, because your business shuts down once a week.

I won't

[John Dibble]

Just a reminder to the voters of the Southeast, I advise you to vote Nay on this. I did. Don't blame me when you go out to celebrate and your favorite restaraunt is closed, or if you waste time and gas going to a store only to find it closed.

EDIT - also, don't blame me if you work for an hourly wage and you start getting less hours, and thus less money, because your business shuts down once a week.

Businesses won't all be closed on the same day.

I never implied they would be. However, suppose it's your birthday and the restaraunt you wish to go to to celebrate is closed. Mighty inconvenient. Also, since every business not excluded will be closed one day a week, they will either need less workers or to have their workers work less - either way, you increase poverty, either by increasing unemployment or by decreasing the total amount that wage workers will be able to make.

For instance, say I have a business, and I decide to close it on Wednsday to conform to this initiative. This means that any workers I would normally be paying to work on that day would not be getting paid. Either that or I could rearrange my work schedule, but since I'm open less time I need fewer workers, so I lay off a couple. My business also might be making less money than it was before, further giving me reason to make cuts. Every business that takes a day of rest will have to make such changes.