Monday, March 23, 2015

2015 Kentucky Laws Signed by the Kentucke Korporate Kaiser (3)

“I hate victims who respect their executioners.” ~Jean-Paul Sartre

Kentucky's total population is 4.4 Million people.

CB Embry Jr, a Morgantown Republican, a Kentucky State Senator representing District 6, who born in Louisville, graduated from Duke University, and is a lowdown despicable deplorable loathsome transgenderphobe cretin... or perhaps, he's one in hiding, and he's just diverting our attention away from it.

CB Embry Jr. made national headlines when he introduced his “Bathroom Bully Bill”, which would have fined transgendered students a $1,000 if they entered the bathroom opposite of their biological gender.

Happily, this bill was killed in committee.

But that won't stop CB Embry Jr. Embry's pushing his transgenderphobic ways by attaching his failed bill as an Amendment rider on HB 236 (2015) in order to kill it, or else to get his silly bill passed by piggybacking off of HB 236.

Of course, HB 236 could pop up as an Amendment rider in some other bill, but that would take a savvy and caring representative for that to happen.

In this piece of writing, I analyze these 4 bills:

Passed already:

1- Senate Bill 10 (2015)

2- Senate Bill 28 (2015)

3- Senate Bill 39 (2015)

Hasn't passed yet:

4- HB 236 (2015)

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Senate Bill 28

SB 28/LM/CI (BR 229)
sponsored by
M. Wilson, CB Embry Jr. (the transgenderphobe, anti-student man)

AN ACT relating to the placement of illegal gambling devices in business establishments and declaring an emergency.

Amend KRS 528.010 to include in the definition of "gambling device" an electronic device used to facilitate Internet gambling and to define "simulated gambling program"; EMERGENCY.

SB 28 - AMENDMENTS

SCS/LM/CI - Remove duplicative language relating to specific devices.

SFA (1, M. Wilson) - Insert amendment requiring that authorizations done by the Horse Racing Commission be done only pursuant to lawful authority; declare an EMERGENCY.

HFA (1, S. Lee) - Delete reference to devices authorized by the Kentucky Horse Racing Commission.

HFA (2/P, J. Greer) - Create a new section of KRS Chapter 158 requiring high schools to include CPR training in the health education curriculum.

HFA (3/Title, J. Greer) - Make title amendment.

HFA (4, J. DeCesare) - Express legislative intent to remain neutral in a pending legal dispute regarding historical horse racing.

HFA (5/P, G. Stumbo) - Retain original provisions, except amend KRS 525.125 to include the owning, possessing, keeping, breeding, training, selling, or transferring of four-legged animals for fighting purposes within the offense of cruelty to animals in the first degree.

HFA (6/Title, G. Stumbo) - Make title amendment.

HFA (7, J. DeCesare) - Delete previous provisions, create a new section of KRS Chapter 528 to define "simulated gambling program," and stipulate that any person offering another person the opportunity to play a simulated gambling program on a device for money, or other item of value shall be guilty of a violation; retain emergency declaration.

HFA (8, S. Lee) - Delete exemption for devices dispensing or selling combination or French Pools on historical races.

HFA (9/P, M. Marzian) - Amend KRS 241.010 to define "commercial quadricycle"; create a new section of KRS Chapter 243 to establish and regulate authorized public consumption (APC) licenses for use with commercial quadricycles; allow patrons to bring their own packaged alcoholic beverages in non-glass containers to an APC licensed premises for personal consumption after boarding a commercial quadricycle; require all alcoholic beverage consumption in nondescriptive plastic cups; set qualifications for an APC license, including a business office and secure storage, general liability insurance of at least $2,000,000, and a local government permit; clarify that a local government is only required to adopt ordinances relating to commercial quadricycles if that local government has first approved their use; establish the standards for local ordinances covering commercial quadricycles; name the qualifications for a commercial quadricycle driver; forbid local APC fees from exceeding state APC fees; amend KRS 243.030, 243.060, and 243.070 to designate state and local APC license fees; amend KRS 244.085 to allow a person under 21 years of age to remain at a licensed APC premises; amend KRS 243.034 to conform.

HFA (10/Title, M. Marzian) - Make title amendment.

On March 19, 2015, Steve Beshear signed this EMERGENCY Senate Bill 28 into law. http://www.lrc.ky.gov/record/15RS/SB28.htm

Senate Bill 28—another CB Embry Jr. bill, only this one has passed—makes it illegal for any business in Kentucky to sell Internet access to play Internet gambling casino-style games, or a sweepstakes, in which customers can win cash prizes.

This bill was designated as an EMERGENCY.

Senate Bill 28 makes it illegal for businesses to use Internet gambling websites. With Will T. Scott talking about legalizing gambling in Kentucky, this bill is going the opposite direction he's going in. This “stop Internet gambling law” goes against personal liberty, and is a dumb law to begin with. Steve Beshear was elected on the mandate to legalize gambling in 2008. At the very least, I figured we the Kentucky people would get a chance to vote on the matter... but it never materialized into anything.

It seems as if everybody is using “riders” these days. This bill, while having to deal with definitions pertaining to gambling online (for some mysterious reason), also includes several rider Amendments that have nothing to do with the law:

HFA (2/P, J. Greer) - Create a new section of KRS Chapter 158 requiring high schools to include CPR training in the health education curriculum.”

Adding a section to KRS Chapter 158 requiring high schools to include CPR training in the health education curriculum has nothing to do the original intent on this bill. It makes no sense for this Amendment to be tacked onto this bill. That should be it's own law, but it's not. Instead, it's tucked inside another law, which is misleadingly titled, since it's not just about defining words relating to Internet gambling websites. This makes me very suspicious of Frankfort. If folks can get their “bills” passed by adding on “riders”, then introducing a bill to the General Assembly, and trying to get your “bill” attached on another bill about to be passed as a “rider”, are two equal ways to getting the laws changed the way you want them to be changed, but it's disingenuous.

We heard Mitch McConnell talk about attaching infinite number of riders on Obama's bills, to make sure Kentucky is sold down the river to the Koch Brothers, bankers, the 1%, etc.

Here's a snippet of the 3 page KRS 528.010 law http://www.lrc.ky.gov/Statutes/statute.aspx?id=19969:

“(5) "Lottery and gift enterprise" means: (a) A gambling scheme in which: 1. The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one (1) or more of which are to be designated the winning ones; and 2. The ultimate winner is to be determined by a drawing or by some other method based upon the element of chance; and 3. The holders of the winning chances are to receive something of value. (b) A gift enterprise or referral sales plan which meets the elements of a lottery listed in paragraph (a) of this subsection is to be considered a lottery under this chapter.

(6) "Mutuel" or "the numbers games" means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.”

Here's another major Amendment that was attached to this “Internet gambling definition adjusting” bill that has nothing to do with “AN ACT relating to the placement of illegal gambling devices in business establishments and declaring an emergency”, which is the title of Senate Bill 28:

HFA (5/P, G. Stumbo) - Retain original provisions, except amend KRS 525.125 to include the owning, possessing, keeping, breeding, training, selling, or transferring of four-legged animals for fighting purposes within the offense of cruelty to animals in the first degree.

KRS 525.125

525.125 Cruelty to animals in the first degree.

  1. The following persons are guilty of cruelty to animals in the first degree whenever a four-legged animal is caused to fight for pleasure or profit: (a) The owner of the animal; (b) The owner of the property on which the fight is conducted if the owner knows of the fight; (c) Anyone who participates in the organization of the fight.
  2. Activities of animals engaged in hunting, field trials, dog training, and other activities authorized either by a hunting license or by the Department of Fish and Wildlife shall not constitute a violation of this section.
  3. Cruelty to animals in the first degree is a Class D felony.


I agree with Greg Stumbo's intent to expand the definition of animal cruelty, to not only criminalize the owners of the dogs who fight (or at least, all 4-legged animals... but why only 4-legged animals? Cockfighting is still going on Kentucky?), but also those who participate in transporting the dogs, and training, and selling, and breeding of them.

Stumbo was able to get a good change of KRS into a bill that had nothing to do with animal cruelty by attaching a “rider”, aka an Amendment, to the bill. I just doubt the media, or the public's ability, to sift through all of these laws, and to find out what secret laws have been pocketed into the Amendment list of other laws which are completely unrelated. It's hard to tell what laws have changed, and which ones haven't, unless intentionally pointed out to the media.

There is also the mysterious rider Amendment about quadricycles, and alcohol consumption, and a $2 Million Dollar insurance policy attached onto this “stop Internet gambling” law.

CB Embry Jr didn't just make national headlines because he wanted to increase discrimination against transgendered students, but he also made more recent headlines when he added one of these “riders” to a student-driven bill that aims at getting students more power, and more of a sayso in their government.

CB Embry is welcoming Kentucky students into the process with a huge slap across the face. CB Embry says to the students, “If you want more power in society, then you'll have to accept my transgender discrimination “rider” amendment” …

Here's the “Student Super Bill”:

HB 236 (BR 1130)
D. Graham, L. Belcher, C. Howard, D. Schamore

AN ACT relating to superintendent screening committee membership.

Amend KRS 160.352 to allow a high school student enrolled in the district to be appointed to the superintendent screening committee.

HB 236 - AMENDMENTS

SFA (1, C. Embry Jr.) - Create new sections of KRS Chapter 158 to ensure that student privacy exists in school restrooms, locker rooms, and showers; require students born male to use only those facilities designated to be used by males and students born female to use only those facilities designated to be used by females.

SFA (2/Title, C. Embry Jr.) - Make title amendment.

SFA (3, A. Robinson) - Amend KRS 158.183 to permit students to voluntarily express religious or political viewpoints in school assignments free from discrimination; require local boards of education to ensure that the selection of student speakers is made in a viewpoint neutral manner; prohibit the student's prepared remarks from being reviewed, altered, or censured before delivery, except upon student's request; allow religious and political organizations equal access to public forums on the same basis as nonreligious and nonpolitical organizations; prohibit discrimination against any recognized religious or political student organization in the ordering of its internal affairs; create a new section of KRS Chapter 164 to require public postsecondary education institution governing boards to ensure that students are permitted to voluntarily express religious or political viewpoints in assignments free from discrimination; require the selection of student speakers to be made in a viewpoint-neutral manner; prohibit the student's prepared remarks from being reviewed, altered, or censured before delivery; allow religious and political organizations equal access to public forums on the same basis as nonreligious and nonpolitical organizations; prohibit discrimination against any recognized religious or political student organization in the ordering of its internal affairs; prohibit restrictions on speech that occurs outdoors on campus and is protected by the first amendment of the U.S. Constitution, except for restrictions that are reasonable, justified without reference to speech content, narrowly tailored to serve governmental interest, and limited to provide alternative options for the communication of the information.

SFA (4/Title, A. Robinson) - Make title amendment.

SFA (5/Title, A. Kerr) - Make title amendment.

SFA (6, A. Kerr) - Add emergency clause; EMERGENCY.

HB 236 merely adds a single sentence to KRS 160.352, section 3, listed below:

KRS 160.352
KRS 160.352

Screening committee -- Minority representation -- Recommendations for superintendent.
  1. For purposes of this section the term "minority" means American Indian; Alaskan native; African-American; Hispanic, including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin; Pacific islander; or other ethnic group underrepresented in a local school district.
    (2) Each board of education shall appoint a superintendent of schools after receiving the recommendations of a screening committee. A screening committee shall be established within thirty (30) days of a determination by a board of education that a vacancy has occurred or will occur in the office of superintendent, except that when the board determines a vacancy will not occur before six (6) months from the date of determination, the board shall establish a screening committee at least ninety (90) days before the first date on which the position may be filled.
    (3) A screening committee shall be composed of:
    (a) Two (2) teachers, elected by the teachers in the district;
    (b) One (1) board of education member, appointed by the board chairman;
    (c) One (1) principal, elected by the principals in the district;
    (d) One (1) parent, elected by the presidents of the parent-teacher organizations of the schools in the district;
    (e) One (1) classified employee, elected by the classified employees in the district; and
    (f) If a minority member is not elected or appointed to a screening committee in districts with a minority population of eight percent (8%) or more, as determined by the enrollment on the preceding October 1, the committee membership shall be increased to include one (1) minority parent. This minority parent member shall be elected by the parents in an election conducted by the local school board. Parents in the district shall be given adequate notice of the date, time, place, and purpose of the election.
    (4) Prior to appointing a superintendent of schools, the board of education shall consider the recommendations of the screening committee, but the board shall not be required to appoint a superintendent from the committee's recommendations. Effective:July 15, 1998 History: Amended 1998 Ky.
Both Bowling Green Schools and Fayette County are in the midst of figuring out their next Superintendents in their respective districts. Right now, those on the screening board are these 6 (possibly 7) folks:
    (a) Two (2) teachers, elected by the teachers in the district;
    (b) One (1) board of education member, appointed by the board chairman;
    (c) One (1) principal, elected by the principals in the district;
    (d) One (1) parent, elected by the presidents of the parent-teacher organizations of the schools in the district;
    (e) One (1) classified employee, elected by the classified employees in the district; and
    (f) If a minority member is not elected or appointed to a screening committee in districts with a minority population of eight percent (8%) or more, as determined by the enrollment on the preceding October 1, the committee membership shall be increased to include one (1) minority parent. This minorit
HB 236 is calling for amending KRS 160.352 “to allow a high school student enrolled in the district to be appointed to the superintendent screening committee”.

HB 236 is a teeny tiny bit of “power”... it's not even real power. Just influence. Influence for deciding who gets real power as the school district's Superintendent.

Of course students should have a say in the governance of their school. I'd be in favor of throwing out the teachers, and just letting the students run the school themselves. The adults have failed Kentucky. We have some of the best and brightest young folks in the nation while simultaneously having 2 out of 5 adults not even being able to read.

What's CB Embry doing about Kentucky's illiteracy? How about the police brutality? It's poverty? Anything? Does Senate Republican CB Embry Jr care about us, we the people? He clearly doesn't care about the students...

For CB Embry Jr., the choice is: students get a seat at the table only if they accept discrimination against transgendered students.

Theoretically, we live in a democratic society, one that abides by the Rule of Law, and founded upon the notion that we the people consent to those who govern us.

When deciding a school's Superintendent, who thought to even ask the students what they think?

Young people can be leaders now. While they don't have adult rights, they do have American student rights, and children's rights, and therefore, having a seat at the table...

I'm more skeptical of those who would oppose such an incremental measure.

It's even optional. Once the law is passed, the School Board may not select a student to serve on the Superintendent Selection Committee.

1 student on the Superintendent Screening Committee isn't much influence at all. There's 6 or 7 (if there's no minorities in the 6, then a minority parent is added to the Committee) members on the Superintendent Screening Committee as it is, so with just a single student voice... that's not even close to a majority.

Students would still represent the overwhelming minority voice at the table... but at least, they'd have a seat at the table.

Ultimately, it's the School Board who decides who the Superintendent is going to be. The Superintendent Screening Committee is only there to recommend qualified candidates. And the School Board can also not choose a student to be on the Superintendent Screening Committee, since HB236 allows itself to be optional.

There's no risks in this bill. It allows the option of allowing School Boards to choose a student to be on the Superintendent Screening Committee... if they choose to do so.

It's not much power. It's an option for a seat at the table, where you're 1 of 6-or-7, and are therefore in the overwhelming minority.

And with the Amendment Rider, CB Embry Jr is saying that students can have a seat at the table, as long as they accept that boys bathrooms are used for boys, and girls bathrooms are used for girls, and transgendered students will get their own bathrooms.

Louisville Fairness Alliance is calling CB Embry Jr's bill the “Bathroom Bully Bill”, which will have those residual consequences. While it may be nice having your own bathroom, this bill allows one to discriminate against transgendered students, who have been offing themselves in droves as of late. A $1,000 fine would be issued for that transgendered student who goes into the opposite bathroom that's not consistent with their biology... and being dressed as a girl, we're hoping that the boys won't bully the biological boy who feels she's a girl trapped in a boy's body?

xxx

A Short Play

“So CB... which of Kentucky's problems should we be working on for 2015? …

Should we work on not being the #1 State for Pollution?”

“Nah.”

“You want to work on stopping poverty?”

“Nope.”

“Then... you want to work on epidemic of police brutality and jailer rapes?”

“Not even close.”

“Lower heroin addiction rates?”

“No way. I've got a better idea.”

“What's that?”

“Let's regulate the bathroom use of trannies. Not the adults, but the transsexual children. I have been thinking a lot about this, and regulating the bathroom use of tranny kids is the most important item on my agenda. Children who feel like they are the opposite gender than their biological gender do not have a right to urinate or expel their feces in the same piss-and-shit room as my children!”

“Fuck you CB. You're so fucked up in the head.”

xxx

The Student Voice Team drafted House Bill 236 (2015) and got it sponsored by Representative Derrick Graham (D-Frankfort). House Bill 236 amends the Superintendent Selection Committee law to add an optional peer-elected high school student. The district Board of Education can choose to add the student but is not required to. House Bill 236, the “Student Super Bill”, was passed by the House with a vote of 88 to 5.

On the evening of Monday, March 9th, Senators CB Embry Jr. (R-Morgantown) and Albert Robinson (R-London) amended House Bill 236.

Albert Robinson added a “political and religious freedom” Amendment rider to the bill, which I agree with.

Robinson's “political and religious freedom” actually expands student's rights moreso than the “Student Super Bill”, so I'd sign HB 236 with Robinson's rider on it, but not CB Embry Jr's.

By adding controversial Amendments riders unrelated to the enabling students to have a seat at the table of selecting their Superintendent, they may have killed the bill... http://www.state-journal.com/opinion/2015/03/22/senate-left-citizens-hanging

Eliza Jane Schaeffer, Jamie Smith and Andrew Brennen are members of the Prichard Committee Student Voice Team. On the steps to the Senate, Nicole Fielder and Gentry Fitch spoke out against the Amendment riders filed by Senators Embry and Robinson on House Bill 236.

#studentsuperbill

Representative Derrick Graham, D - Frankfort, is the sponsor of HB 236.

The political arena leaves one no alternative, one must either be a dunce or a rogue. - Emma Goldman

Historically, the most terrible things—war, genocide, and slavery—have resulted not from disobedience, but from obedience.” ~Howard Zinn

Students speak out on Senate steps against amendments to HB 236 #SaveOurBill


Reform is for people who have government connections. Revolution is for the people.”
~Malcolm X

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SB39: M. Wilson

AN ACT relating to school safety.

Amend KRS 158.162 to require public schools to consult with local and state safety officials and National Weather Service and Federal Emergency Management Agency guiding principles when identifying the best available severe weather safe zones.

SB 39 - AMENDMENTS

HFA (1, R. Nelson) - Allow a school district to be open on Primary Election Day 2015, if no school in the district is used as a polling place; EMERGENCY.

HFA (2/Title, R. Nelson) - Make title amendment.

HFA (3, R. Nelson) - For the 2014-2015 school year, require the commissioner of education to approve a request from a local board of education to waive up to five days of the student instructional year if 20 or more instructional days have been missed or up to 10 days of the student instructional year if 30 or more instructional days have been missed; EMERGENCY.

HFA (4/Title, R. Nelson) - Make title amendment.

HFA (5, J. Greer) - Create a new section of KRS Chapter 158 requiring high schools to include CPR training in the health education curriculum.

HFA (6/Title, J. Greer) - Make title amendment.

This bill forces school districts to get in touch with local and state safety officials and National Weather Service and Federal Emergency Management folks to find out where the severe weather safe zones are.

That seems unnecessary. One must be mandated—required--to consult with others to find out where the safe zones are in their own communities?

I don't get it. It's a good idea, but for it to be legislated into infinite permanent law?

One Amendment rider says that schools can wave 5 to 10 days of the school year because of snow days.

That's house cleaning... though, what's 10 days past the original date school was supposed to end?

In some respects, students and their parents should feel deprived of their Constitutionally mandated right to a full year's education... but it's 5 to 10 days.

Another Amendment rider allows schools to stay open on primary day, as long it isn't used as a polling location for the public.

I don't like that Amendment. Election Days should be sacred in a democracy.

Senate Bill 39 is actually 3 Bills wrapped into one, and 2 of those Bills are crap.

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Senate Bill 10 (2015)
S. Humphries, D. Givens, CB Embry Jr.

AN ACT relating to strokes.

Amend KRS 216B.0425 to define the terms "acute stroke ready hospital certification" and "comprehensive stroke center certification"; require the Cabinet for Health and Family Services to maintain a list of acute stroke ready hospitals, comprehensive stroke centers, and primary stroke centers, post the list on its Web site, and provide the list to the Kentucky Board of Emergency Medical Services; require the board to provide the list to local emergency medical services providers; amend KRS 311A.180 to require emergency medical services directors to establish pre-hospital care protocols for the assessment, treatment, and transport of stroke patients; and amend other statutes to correct references to the Joint Commission. http://www.lrc.ky.gov/record/15RS/SB10.htm

Mar 19-signed by Governor (Acts, Ch. 9)

This is house cleaning it seems, and therefore, I remain neutral about Senate Bill 10.

Senate Bill 10 is a CB Embry Jr. bill, which doesn't bode well in it's favor.

xxx

I was very impressed with the “Cap the Co-pay” lobbying effort, and their website. I signed up, and my detailed letter was sent to my local representative, and to the House leader, and both of them responded to me on it (Stumbo, Schamore).

xxx

On the Heroin Bill, Sannie Overly, a lawyer-politician, my Democratic competition, attached a $10 Million Dollar Amendment rider for treatment AND for prosecution.

Oh yeah... a lawyer-politician pushing for $10 Million Dollars for prosecution... of course. That's the point of the harsher penalties for Heroin. For the drug dealers and the white collar mafia to profit handsomely off of it. http://www.centralkynews.com/jessaminejournal/news/local/general-assembly-session-nearing-end/article_57c6f36c-cd9b-11e4-8ebc-7f0dd86e99ec.html

“Frankly, what you've done is direct the Secretary (of the Justice and Public Safety Cabinet) to find this $10 million in his budget,” said Sen. Chris McDaniel, R-Taylor Mill. Tilley assured his fellow conferees, “We're told it's hard money,” meaning it exists and is available in the state budget. He said he would get details and provide them later. http://www.kentucky.com/2015/03/19/3755688/kentucky-senate-president-hasnt.html#storylink=cpy

House Democrats are in favor of needle exchanges to help ease those Heroin addicts off of their addiction, but Senate Republicans are against it.

Senate Republicans want harsh punishments for low-level heroin users. If you have a gram of Heroin, then you're committing a Class C Felony now, instead of just a Class D Felony.

For 1 gram of Heroin, Senate Republicans wants you to spend 10 years in prison with no possibility of parole until 5 years served.

House Democrats want a “Good Samaritan” provision put into the law, in case somebody is overdosing on Heroin, and therefore the person who takes the Heroin overdosing person to the hospital, or calls the ambulance will be shielded from prosecution.

Senate Republicans want to punish those Good Samaritans as well.

Senate Republicans are psychopaths who have no ability to empathize with others. And they aren't handling the drug problems as a public health issue, which it is. http://www.courier-journal.com/story/news/politics/ky-legislature/2015/03/19/heroin-compromise-sought-legislators-meet/25023643/ http://www.kentucky.com/2015/03/19/3755688/kentucky-senate-president-hasnt.html#storylink=cpy

27 Kentuckians died of a Heroin overdose in 2014.

xxx

The teachers’ pension fund is 52-percent funded.

The state employees’ pension fund is 21-percent funded.

xxx

The revolution is not a moment or a day. The revolution is a way of life.” ~Tupac

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