Showing posts with label Kentucky Laws. Show all posts
Showing posts with label Kentucky Laws. Show all posts

April 11, 2013

Kentucky Lawmaker Seeks Drone Ban

Saying the use of drones for lethal and surveillance purposes violates the Kentucky constitution, Onge of Lakeside Park has propose the state legislature take up the issue in the next session.
Republican state Rep. Diane St.

The exception to the rule would be the use of drones for practice purposes, as well as for use by law enforcement in regard to search warrants.

Called "The Citizens' Freedom from Unwarranted Surveillance Act" by St. Onge, it won't be considered until January 2014.

The major concern of St. Onge is the threat drones pose to the constitutional rights of the people of Kentucky, along with privacy concerns.

A copy of the proposal has been filed by St. Onge with the Legislative Research Commission.

Larue County Register fully backs this proposal, as drones are definitely a threat to the freedoms Americans and Kentuckians have enjoyed for a long time.

March 12, 2013

Kentucky Law to Provide Tougher Penalties for Killing Responders

Kentucky law enforcement and firefighters should get an extra degree of protection going forward, after the Kentucky General Assembly approved tougher penalties for those convicted of killing police or firefighters that are clearly identified.

After the House approved an amended bill 95-0 Monday, the Senate then agreed with changes made by the House in a 38-0 vote and now it has been sent to Gov. Steve Beshear, who is expected to sign it into law.

What the new law does, called the Bryan Durman Act, in honor of a Lexington police officer who was killed in 2010 by a hit-and-run driver, is require 85 percent of the sentence given if a clearly identified responder is killed and the person is convicted of  second-degree manslaughter as a result.

For those convicted of killing an officer not clear identified as such, a minimum of 50 percent of the sentence would have to be served.

"They're willing to die for us, to protect us," said Rep. Robert Benvenuti, R-Lexington. "Now is our day to give a little bit back to these men and women who serve."

March 11, 2013

Century Aluminum Wants Kentucky Lawmakers to Change Power Regulations

With margins plummeting in the aluminum industry, Century Aluminum (CENX) has gone to Kentucky lawmakers to request to be allowed to acquire power from more than one company in the state. Currently Kentucky state law requires all power consumers to buy from only one energy supplier.

Lawmakers in Kentucky are close to making a decision on whether or not to exempt Century Aluminum and other smelters in the state will be allowed to buy power on the open market.

It sounds like a no-brainer when you consider the rates in Kentucky are about 10 percent above the industry average 30 percent. Century's power costs in Kentucky are 40 percent of production costs, making them uncompetitive with rivals.

"We're losing money every month. What the bill would do is get me out from under that exclusive service contract," said Michael Early, Century's energy director.

Also affected by the change in regulations wold be Rio Tinto Alcan's Sebree plant.

As for Century's Hawesville smelter, the closure would result in the loss of 750 jobs and $800 million annually in state revenue.

The high-priced Big Rivers utility, which opposes the proposed legislation, saying it would push up rates for its other customers.

That's a weak argument when the utility would lose the business of Century Aluminum if it is forced to close the plant because of unsustainable operating costs.

Century Aluminum said if the costs of power aren't lowered, it will close the Hawesville plant in August.

This isn't a play, as other aluminum smelters have had to leave the U.S. because of slim margins and high production costs.

With Century committed to Kentucky, it's unthinkable that politicians in the state would balk at not empowering the company to buy power from elsewhere.

March 7, 2013

Religious Freedom Bill Advances to Kentucky Senate

Now that House Bill 279 has been overwhelmingly approved by the Senate Judiciary Committee 9-2, it will now be sent to the full Senate to be considered.

The essence of the law would provide more freedom for religious belief, allowing those with "sincerely held" beliefs to not have to obey state laws that contradict them.

Since the U.S. Supreme Court and the Kentucky Supreme Court become activist in nature, changing their interpretations concerning religious freedom in a number of cases brought before them, it was considered necessary to put this new bill into effect to countermand that.

Per the bill, it would force the government to prove "by clear and convincing evidence that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest."

In other words the bill is raising the bar so government can't sloppily use activist interpretations of the law to coincide with its own wishes. There must be a "compelling" interest in order for the government to override religious beliefs. That's a good thing, and is sure to be passed in the Senate.

March 1, 2013

Kentucky House Passes Bill That Strengthens Religious Protections

On Friday the Kentucky House passed a bill that will provide better protection against government intrusion into religious matters.

By a vote of 82-7, the house offers citizens a stronger position to resist government attempts to force mandates that go against the beliefs of their religious practices and beliefs.

Fears some could abuse the new law are unwarranted, according to Addia Wuchner, R-Burlington, who said those existing laws that are challenged which the government is able to prove are there for a legitimate reason would remain in place.

What the law does is make the courts apply a higher standard and level of scrutiny to those federal laws that are claimed by people to be against their religion.

February 27, 2013

LaRue County Sheriff Bobby Shoffner Announces Retirement

After serving Larue County for over a decade, Sheriff Bobby Shoffner announced he is going to retire.

While confirming Shoffner's decision to retire, Chief Deputy Russell McCoy declined to make any further comment.

At the same time, Judge-Executive Tommy Turner said there has been no official notice of retirement that has come to him concerning the reported resignation by the sheriff.

According to Kentucky law, a county can appoint the Sheriff's replacement when he decides to retire before he serves his full term.

So far there has been no reason proffered for Shoffner retiring early.

February 26, 2013

Kentucky Counties Could Eliminate Constable Positions

Under a bill approved by the House Committee on Elections, Constitutional Amendments and Intergovernmental Affairs, counties could get rid of constable offices if they choose to.

What the proposal would do was amend Kentucky's constitution, which founded the position of constable in 1850.

The major concern for constables, which have the same powers as sheriffs do, is there have been abuses in the past because of lack of training to prepare them for the jobs. That has resulted in some constables abusing their powers.

Of course the rebuttal to that is many so-called trained law enforcement officers do the same, so that may or may not be the real issue. It's usually the person that has the powers that determines whether or not there is abuse, not the lack of training.

Nonetheless, knowing how to properly handle a situation does lend itself to better conduct, and in general it appears the higher percentage of constables abusing their powers could be from lack of training, or possibly from lack of vetting those in the position.

The Kentucky Constable Association has and does oppose this move, saying rather then get rid of the office the constables should receive more training.

But the costs would be prohibitive, as there simply isn't the money available to do so.

There is also the fact that constables only account for a quarter of 1 percent of law enforcement actions in the state, according to the 2012 state report commissioned by the Kentucky Justice and Public Safety Cabinet.

The report added that 16 other states have already eliminated the position from their law enforcement roles.

Next the House will take up the bill.

February 21, 2013

Kentucky Sues GlaxoSmithKline (GSK) Over Avandia

Kentucky's attorney general Jack Conway has sued drug maker GlaxoSmithKline (GSK) over alleged misrepresentations concerning its diabetes prescription drug Avandia.

In the suit, which was filed in Franklin County Circuit Court in Frankfort, the company is accused of hiding the risks associated with the drug and its effectiveness on patients.

According to the suit, GlaxoSmithKline violated the state's Consumer Protection Act because the drug claims to offer a reduction in cardiovascular risks by those with diabetes, while the suit asserts it actually hurts people by increasing the cardiovascular risks.

Kentucky is looking for an injunction against the company and civil penalties up to $10,000 for each infraction.

GlaxoSmithKline via spokesman Kevin Colgan responded to the suit, saying the company did nothing wrong when studying and marketing Avandia.

Will Ky. Gov. Beshear Get an Extra Year on His Term?

In an interesting bill sponsored by Sen. Chris McDaniel, R-Taylor Mill, Kentucky Governor Steve Beshear would receive another year on his term, allowing him to serve for a fifth year.

What is behind that possibility is for the next election to be moved from 2015 to 2016. According to McDaniel, it would save money and also result in higher voter turnout because of it being in a presidential election year.

Since the bill is a constitutional amendment, a three-fifths majority vote would be required in the House and the Senate in order for it to be passed. Assuming that were to happen, it would then be presented to the voters in November 2014.

McDaniel said estimated savings for the state would be about $1.4 million, and counties would save an additional $12.6 million ever four years going forward.

Besides the Governor, other offices getting a fifth year if it were passed are lieutenant governor, attorney general, secretary of state, auditor treasurer and agriculture commissioner.

February 20, 2013

Bill Passes that Allows Kentucky Universites to Issue Bonds for Construction Projects

After some changes from the Kentucky Senate House, the state House quickly passed House Bill 7, which will allow universities in the commonwealth to issue bonds for construction projects.

The bill targets specific projects for six of the eight public universities in the state, including buildings to be added at University of Kentucky, Western Kentucky University, Murray State, Northern Kentucky University, Morehead State and the University of Louisville.

Among the projects to be undertaken by the universities are a new UK science building, UofL student center, and NKU health center, along with renovations at Commonwealth Stadium.

A couple of stipulations were included in the bill, with there being no tuition increases with the bonds, and that the revenue will only come from the individual schools and not from state dollars.

The overall costs of the various projects come to about $363 million.

With the House approving of the changes from the Senate, the bill has been forwarded to the governor's office to be signed.

February 18, 2013

Kentucky Lawmakers Seek Pension Opt-Out

State Rep. Diane St. Onge, R-Lakeside Park, has introduced a bill which would allow lawmakers to opt out of the state pension system, a move made to set an example for others and help some to make good on promises made during campaigns.

While the new legislators had the integrity and will to follow through on their promises to opt out of the state pension plan, current Kentucky law forbids them from doing so.

The bill would prevent anyone elected after July 1 of 2013 from entering the state pension system, while offering a provision for incumbents to remain in the plan if they choose to.

“It sets an example,” St. Onge said. “We can’t be asking other employees of government, whether on the local or state level, to cut back if we’re not willing to. At least you set the groundwork on some moral framework in which to ask someone else to cut back.”

Kentucky currently has a $30 billion pension shortfall, one which is having nothing done at this time to deal with it.

The only real answer if for those in the pension system to start paying for more of their benefit, which is far above the private sector. At this time there is no will to do so, but hopefully a bill like this, if passed, would be a step in that direction.

February 16, 2013

Foreign Students Could Stay in Ky. Schools till 23 Years of Age

An irresponsible bill - House Bill 131 - has passed the Kentucky House, and now heads to the Senate for consideration.

The bill would allow foreign-born students and refugees to stay in school to the age of 23. I wonder what could go wrong with a 23-year-old male hanging around young girls the age of 15? The bill was passed by a vote of 71-26 on Thursday.

Another negative part of the bill is students who are disabled will be forced by Kentucky law to leave the school, while the foreign students can continue on. It makes little sense other than attempting to buy votes through outrageous laws catering especially to the Hispanic vote.

According to State Rep. Jody Richards, a Bowling Green Democrat who sponsored the bill, it will be a boost to those students who come into the country with little or weak education. Why doesn't Jody just say illegal immigrants will get privileges Americans don't get. After all, that's what this bill is all about, no matter what terms it's expressed in.

Can Kentucky Republicans be this dumb? The more benefits offered illegals the more of them will come into the state, which over time could result in the inconceivable - Kentucky turning into a liberal-dominated state.

Republicans need to quit catering to these obvious tactics and strongly resist all of the laws that allow for those to come in and have a negative effect on the values of the residents of the state.

February 8, 2013

Kentucky House Passes Bill to Audit Districts

After a bill to boost oversight of the over 1,200 local taxing district overwhelmingly by a 96-1 vote in the House, it now goes on to the Senate.

What the legislation entails is putting a system together for auditing the various tax districts around the state of Kentucky. Together they spend approximately $2.7 billion for running the local libraries, airports, fire departments and sanitation.

Once it's set up, taxpayers could then go on the Internet to check out the financial reports from each individual district.

The funding is the result of taxes and fees, along with government grants and donations from private sources.

February 7, 2013

Kentucky Republicans Continue to Support Life, Democrats Don't

The shame of being a Democrat in Kentucky continues, as Republicans again have presented a bill that would allow women who are seeking to terminate the life of the baby within them to look at the image of an ultrasound of the baby.

In the past, Kentucky Democrats have continued to oppose this as a way of a woman seeing that it is in face a living baby inside of her.

Per the bill, doctors who wouldn't comply with women being allowed to view the ultrasound would be fined $100,000 for the first offense and $250,000 for further offenses.

Why a Democrat allegedly supporting all the people living in Kentucky would refuse to provide more protections for the vulnerable little lives of their youngest constituents, will be a dark mark against them in this life, as well as the life to come.

They need to completely and totally support this effort to allow women to see the living babies via ultrasound, as well as a separate measure which would require women seeking abortions to have a face-to-face consultation with a medical representative. Now all they have to do is watch a video of a person talking.

February 6, 2013

Hornback Introduces Telephone Deregulation Bill

After introducing a bill in 2012 that would have deregulated Kentucky's telephone industry, Republican Sen. Paul Hornback of Shelbyville, reintroduced a bill which he believes should alleviate concerns over the prior bill, which he withdrew when some community groups opposed it.

In a news conference Tuesday morning, Hornback said there are new provisions in the bill which should take care of the major concerns addressed over the original bill.

Most opposition has been over the possibility phone carriers servicing rural areas with land line phones would remove the unprofitable service in smaller, rural communities.

Provisions in the new bill would not allow that to happen in regard to basic services in communities using less than 5,000 land lines.

Per Senate Bill 88, a carrier wouldn't be allowed to remove the base land line phone service unless another provide offered one that was close to being the same phone service.

Under current state law, phone companies are required to provide basic land-line service in the regions they serve.

Also included in the bill is areas with over 5,000 existing land lines, the bigger carriers wouldn't have to provide basic services to new customers. The idea there appears to be to attempt to bring the rural regions more into the modern age of telecommunications.

"There has to be competition in that market," Hornback said.

Other supporters of the bill assert states that have embraced the same type of legislation have seen corporations invest in high-speed Internet infrastructure, helping to improve the rural communities they operate in.

Hornback says the major complaint he receives from his constituents is the lack of high-speed Internet in the area. He says if phone companies have to maintain unprofitable land lines, they won't invest in high-speed Internet.

At issue is the rural areas which primarily use land line phones don't get great wireless connection, so they continue to rely on land line phones as the chief way of communicating. High-speed Internet would deal with that issue, providing another option of communication; specifically through digital phones included with some cable packages.

It's puzzling as to the opposition to this, because the results over time will far surpass the dismal land line phones now in use.

Some Luddite elements are in play, particularly from the Democrat-controlled house. This is a no-brainer, and with protections in place, lay the foundation for better rural communities that will be improved from the new Internet infrastructure that would inevitably be put in place.

As long as there are no options to land line phones, these communities will be trapped in a old technology that the rest of the United States and world have been long embracing.