Regulatory Process Archives

Amazon insists that its retail sellers not collect sales tax

Amazon.com, busy fighting off attempts by many states to collect sales tax, is now insisting that retail sellers on Amazon who are required by their state's law to collect sales tax for shipments to buyers in their state not collect sales tax - or face suspension by Amazon.

Now, not only does Amazon not want to pay sales tax on orders, it is insisting that retail sellers on Amazon either 1) pay the sales tax themselves, or 2) break the law by not charging sales tax on sales shipped into the state where the retailer is located.

That's a bad call Amazon. It's one thing to fight state moves to make you collect sales tax. It's another thing completely when you encourage retailers on your site to ignore or break the law as a condition of doing business on your site.

Amazon refuses - or is unable - to provide the means for Amazon sellers to collect sales tax on Amazon.com. And yet Amazon would have us believe that it uses cutting edge technology? Pathetic. Every online shopping cart out there can do this. Maybe Amazon should try MIVA.

July 18, 2009 07:27 PM Link Comments (0)

Preemption: Obama Signals a Change in Federal Rulemaking

In a memorandum to heads of executive departments and agencies, President Obama stated his administration’s policy “that preemption of State law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis for preemption.” He instructed the heads of departments and agencies to review regulations issued within the past 10 years that are intended to preempt State law in order to determine whether the statements or provisions are justified under applicable legal principles governing preemption. The department or agency head should consider amending the regulation if preemption cannot be justified.

Source:
Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Presidential Documents]
[Page 24693-24694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my09-119]

To learn more about the federal rulemaking process see:

Understanding the Regulatory Process: Working with Federal Regulatory Agencies, a live program in Washington, DC, October 20, 2009
Understanding the Regulatory Process Series, a Capitol Learning Audio Course
The Federal Regulatory Process: Piecing Together the Regulatory Puzzle, a Capitol Learning Audio Course
Federal Regulatory Process Poster, by Ken Ackerman

Regulatory Research Resources

Regulations.gov - ”Your one stop site to comment on federal regulations.” (From the GPO)
Statutes related to the regulatory process - from the National Archives and Records Administration
Code of Federal Regulations (GPO Access) (April 1996-
Code of Federal Regulations (Cornell Legal Information Institute)
E-CFR
Federal Register Vol. 59 (1994) no field/identifiers Vol. 60 (1995 -
List of CFR Sections Affected (GPO Access) (January 1997 -
Semiannual Regulatory Agenda (Unified Agenda) (GPO Access) (1994 -
Executive Orders
- Code of Federal Regulations - Title 3 (GPO Access)
- Codification of Presidential Proclamations and Executive Orders (U.S. National Archives and Records Administration) April 13, 1945 - January 20, 1989
- Executive Orders (White House)
- Executive Orders Disposition Tables (U.S. National Archives and Records Administration) January 24, 1953 to present
- Federal Register (GPO Access)
Public Papers of the Presidents of the United States (GPO Access) (1995 -
Weekly Compilation of Presidential Documents (GPO Access) Vol. 29 (1993-
United States Government Manual (GPO Access)

July 2, 2009 06:17 AM Link Comments (0)

The Federal Register and the Electronic Public Inspection Desk

The Office of the Federal Register has created an Electronic Public Inspection Desk to provide free worldwide electronic access to public documents. For the first time in the 72-year existence of the daily Federal Register, advance copies of notices, proposed rules and final regulations are available before they are actually published in the traditional paperback version of the Federal Register.
To view these documents, go to www.federalregister.gov. See “View Documents on Public Inspection" on the left hand side. This new desk grants the public access to documents that will be published in the next day’s Federal Register as early at 8:45 a.m. ET. Previously, such documents could only be seen by viewing the documents physically located at the Office of the Federal Register in Washington, DC.

Citizens across the country no longer need depend upon representatives in Washington, DC, to gain access to this material. The Electronic Public Inspection Desk has leveled the playing field in the competition for access to information.