Sunday, March 22, 2015

2015 Kentucky Laws Signed by Kaiser Steve Beshear (1)

These bills have already been signed by the Governor, and will go into effect on January 1, 2016, unless otherwise noted.
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House Bill 440

House Bill 440 was sponsored by J. Richards, T. Kerr, L. Belcher, C. Harris, and my Democratic House Representative Dean Schamore. http://www.lrc.ky.gov/record/15RS/HB440.htm

This bill is written confusingly, and it changes many laws in KRS to allow for folks to establish non-profits and corporations with an electronic signature... and perhaps some other things. It changes about 100 KRS laws, and I don't know the intent or the true purpose of this bill. There's something about limited liability corporations, and other imaginary entities deceivers like to invent... there's no media articles written about this bill.

I don't see any explanation anywhere for this bill, and that pisses me off.

Here's 3 sentences of HB 440:

“amend KRS 275.165 to create the default rule that a member or manager of a limited liability company is not entitled to remuneration for services rendered on behalf of the limited liability company; amend KRS 275.175 to require member approval for certain actions; amend KRS 275.335 to clarify who may cause a limited liability company to bring a legal action;” http://www.lrc.ky.gov/record/15RS/HB440.htm

What's truly behind HB 440?

Steve Beshear and Sannie Overly tried to pass a toll bridges bill, tried to slip it through Frankfort's houses, but when somebody put an Amendment on it to nullify any tolls, Beshear vetoed it, which shows that they write bills designed to look good to the public, but really are fig leafs covering up the their true intent, and has ulterior motives. http://www.kyforward.com/our-town-square/2015/03/rep-mike-denham-ky-teachers-retirement-system-could-see-better-days-with-h-b-4/

So I can't just blindly accept that these confusing laws are in my best interests.

I hope somebody explains HB 440, and why like 30 to 50 KRS laws were amended or changed in some fashion. There's plenty of legalese in the bill, and so, an explanation is needed.
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House Bill 348

House Bill 348 (BR 1405) is sponsored by Kentucky Representatives: M. Denham, L. Combs, L. Belcher, D. Horlander, M. Meredith, J. Short, R. Smart, and W. Stone

HB 384 is also a mysterious and confusing document, and it's intent is not clear. http://www.lrc.ky.gov/record/15RS/HB348.htm

Here's one sentence of the 5 sentence bill:

“amend KRS 65A.020 to allow one-time grant revenues to be excluded in the calculations of the level of the annual fees the special purpose governmental entities are to pay DLG for the registration fees;” http://www.lrc.ky.gov/record/15RS/HB348.htm


Representative Denham House Bill 348 Feb 11 2015: https://www.youtube.com/watch?v=h8gE1fEAcwQ

The point for all of these KRS changes in HB 348 is explained by Mike Denham:

“On a more personal note, the House also approved legislation I filed to make it easier for volunteer fire departments and other agencies when it comes to meeting administrative requirements tied to a law the General Assembly approved in 2013. That law has really increased the transparency and accountability of our local boards and commissions and other quasi-government agencies, but HB 348 recognizes that not all paperwork requirements are necessary for our smallest agencies. This bill would provide a sensible correction in that area.” ~Rep. Mike Denham, a Democrat from Maysville, has represented House District 70 (Bracken, Fleming and Mason counties) since 2001. http://www.kyforward.com/our-town-square/2015/03/rep-mike-denham-ky-teachers-retirement-system-could-see-better-days-with-h-b-4/

Making the paperwork for firehouses across Kentucky easier is fine, I think.
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House Bill 234

HB 234 (BR 1113) - D. Graham, G. Brown, Jr., D. Horlander, J. Kay, R. Palumbo, W. Stone, S. Westrom, B. Yonts http://www.lrc.ky.gov/record/15RS/HB234.htm

“AN ACT relating to early childhood.

Amend KRS 199.8943 to clarify participating agencies and establish schedule for implementing a quality-based graduated early care and education program rating system for providers; require the Early Childhood Advisory Council to submit an annual report to the Interim Joint Committees on Education and Health and Welfare by October 1 of each year.”

HB 234 - AMENDMENTS

HFA (1, A. Wuchner) - Restrict general fund appropriations for the early care and education program rating system upon depletion of federal grant funds; amend KRS 199.8941 to sunset regulations promulgated by the council; amend KRS 199.8996 to require the council and the Cabinet for Health and Family Services to report plans for continuing the early care and education program after depletion of the federal grant.

SCS - Retain original provisions, except provide definitions of federally funded time limited employee, primary school program, and public-funded as necessary for implementing KRS 199.8943; clarify applicability between public-funded and private programs; require the Early Childhood Advisory Council to provide annual progress reports to the Interim Joint Committee on Education and the Interim Joint Committee on Health and Welfare; amend KRS 199.8941 to conform; amend KRS 199.896 to require child-care centers that provide instructional and educational programs for preschool-aged children that operate for a maximum of 20 hours per week and which a child attends for no more than 15 hours per week to notify the Cabinet for Health and Family Services that it is operating and to meet all child-care licensure requirements and administrative regulations related to employee background checks and tuberculosis screenings; establish that child-care centers that provide instructional and educational programs for preschool-aged children and that operate for a maximum of 20 hours per week and which a child attends for no more than 10 hours per week shall be exempted from all child-care licensure requirements and administrative regulations; amend KRS 199.8996 to require the Cabinet for Health and Family Services and the Early Childhood Advisory Council to report plan for sustaining quality-based system after depletion of federal funds. http://www.lrc.ky.gov/record/15RS/HB234.htm

It looks like a bill designed to make some council obedient to another council for the purpose of reporting and filing paperwork. But then Amendments, which I did not read, may undo all of that, so who knows why this bill was chosen to be passed by Kentucky's House and Senate and signed by Governor Steve Beshear.

I wonder if Beshear is going to call a Special Session for some specific purpose later on... I bet he'll do it for the Heroin Bill, if one isn't passed by March 24, 2015, the last day of Frankfort's legislators' spring camp.

Here's the politics behind House Bill 234:

Early Childhood Ratings Bill Clears House

“Early care and education programs would be mandated to follow a state quality-based rating system under a bill passed today by the Kentucky House of Representatives.

House Bill 234, sponsored House Education Chair Derrick Graham, D-Frankfort, would require state agencies to work with early care and education providers to develop and fully phase in the system for 

1- child-care and certified family child-care homes, 

2- state funded preschool, and 

3- Head Start by June 30, 2017.

Funding for the program would come from the state’s Race to the Top Early Learning Challenge Grant. Graham explained that the bill would require a report be submitted annually to state lawmakers which, among other things, would include recommendations for the “long-term viability” of the system when federal grant dollars run out.

An amendment to the bill offered by Rep. Addia Wuchner, R-Florence, was narrowly defeated by a vote of 47-50. Had it passed, the amendment would have: sunset the rating system at the end of calendar year 2017 (unless extended by the General Assembly); restricted the use of state monies for the rating systems once federal funds are gone, and; required the state to report plans for continuing the system when federal money is no longer available.”

Wuchner said the amendment was a “responsibility measure” to require the state to consider what funding would be needed to continue a mandated system that, under current law, is voluntary.

House Bill 234 (2015) passed the House by a vote of 81-16. http://rcnky.com/articles/2015/02/24/teacher-pension-bill-clears-house-heads-senate

I'm barely finding justifications for these laws online. Just one sentence written in some article, usually featuring other more popular bills, but that's about it. 

And this House Bill 234 looks like a “house cleaning” bill, one that just kinda clarifies better what's expected of qualifying agencies of federal funds, and it's forward thinking, and how it's trying to figure out ways to fund these programs when the federal dollars (Obama Bucks) runs out... 

It doesn't really do that. It adds more regulations to early childhood education centers around the State. If good people wrote this law, then it will be good. If not, then not. 
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House Bill 241

House Bill 241 (2015) was sponsored by C. Harris. http://www.lrc.ky.gov/record/15RS/HB241.htm

“AN ACT relating to the Court of Justice.

Amend KRS 21A.110 to modify the method of calculating the per diem salary for retired judges or justices called to temporary active judicial service.” http://www.lrc.ky.gov/record/15RS/HB241.htm

Signed by Steve Beshear on March 19, 2015.

 KRS 21A.110 http://www.lrc.ky.gov/Statutes/statute.aspx?id=20537:

“21A.110 Retired justice or judge serving as special judge -- Compensation -- Expenses. Any retired justice or judge assigned to active judicial service pursuant to Section 110(5)(b) of the Constitution shall be compensated for his service as follows: (1) The salary for each day which the justice or judge serves shall be the difference, if any, between 1/250 of annual retirement benefits and 1/250 of the annual salary for the judicial office in which he performs the judicial duties. However, no special judge shall receive compensation that is less than one hundred fifty dollars ($150) per day. This section shall not be construed to require a reduction in retirement benefits if the applicable salary would be less than the retirement benefits. (2) Necessary expenses incidental to the performance of the duties of such assignment shall be paid out of the State Treasury upon approval by the Chief Justice or his designee. Effective:July 15, 1998 History: Amended 1998 Ky. Acts ch. 447, sec. 1, effective July 15, 1998. -- Created 1976 Ky. Acts ch. 67, sec. 12, effective March 23, 1976.”

So from what I can discern, whenever retired judges are called for temporary active judicial service, they will be paid... why are retired unelected judges returning the bench, and for what reason?

Also, it seems to me, House Bill 241 was passed in order to pay old retired unelected Judges who the Governor or somebody else appoints, for some special emergency...

These already overpriced millionaire Circuit Court Judges have plenty of money, and yet they don't seem to care for what's just and what's not. And only lawyers can become Judges or Attorney Generals in Kentucky, when it should be the opposite. All lawyers should be banned from serving in the government. I haven't met an honest one yet, and these are the pool of people we're electing in order to run our government, and the laws that govern our lives?
Chris Harris and John D. Minton, the Supreme Court Chief Justice, were in support of this bill, so I'm pretty sure it's so that old retired Judges who these political cronies appoint to... take over somebody's seat? Why would that need to be done? If a Judge dies of old age, and a new Judge is needed, that takes an election, and perhaps a temporary Judge, but only then. How is this a priority?

Right now, when a Special Judge is selected, they at LEAST get $150 a day. At least! That's a decent wage, and frankly, I don't trust the process that put that old unelected Judge in power in the first place, and now that old unelected specially-chosen individual suckling at the teet of a spoils system machine that has all the remnants of that old Louisville powder monkey—John Henry Whallen—an old Democratic Confederate Louisville Boss of a corrupt political machine in early 1900s Louisville. http://en.wikipedia.org/wiki/John_Henry_Whallen

How are any of these bills priorities?

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One of the biggest crisis's that the Commonwealth of Kentucky is faced with, is the lack of filmmakers. Luckily, there's House Bill 340 to take care of that.

House Bill 340

I like House Bill 340, but I'm not optimstic that it'll inspire many foreign monies to come into Kentucky. Perhaps new markets may open up locally, which would be exciting, but tax breaks isn't as nice as a check. It may have some sort of effect, but overall, I doubt it.

Heck, I even doubt whether most of Kentucky's lawyers will even read what Frankfort did this year. 2015 Frankfort makes it clear to me just how dysfunctional Frankfort really is, and how much Kentucky needs a Constitutional Convention.


“Kentucky currently requires film companies to spend $500,000 before becoming eligible for credits. The legislation lowers that to $250,000, and the threshold is just $125,000 for in-state businesses.”

“It also increases the tax credit to 30 percent of qualified costs, up from 20 percent, to match that of nearby states.”

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Both Steve Beshear and Sannie Overly were trying to get toll bridges passed. http://www.cincinnati.com/story/news/2015/03/18/beshear-declares-bridge-bill-dead-wants-cvg-fix/24988757/ So it's not enough for politicians to tax us to death with income and sales taxes, but now they want to tax us as we drive over a bridge? Toll bridges and roads would be backed up for miles, it slows commerce, and our road department, one of the two most corrupt government organizations in Kentucky, has plenty of money, and would probably have enough to build new bridges if we would cut out the waste.

Steve Beshear on the Herion Bill

“Steve Beshear said And the second-term Democratic governor said that when it came to legislation to combat the state's heroin epidemic, that he was in favor of needle exchanges but also for tougher criminal penalties currently proposed by House Democrats.” http://www.cincinnati.com/story/news/2015/03/18/beshear-declares-bridge-bill-dead-wants-cvg-fix/24988757/

Steve Beshear said that Northern Kentucky was represented:

Beshear said that unlike previous years, this 30-day session had a distinct slant toward issues directly impacting Northern Kentucky. Those topics also included the bill designed to further regulate the state's beer industry, which had a direct impact on a local company, as well as heroin, the public-private partnership bill (P3) and the CVG board reconstruction.


“With heroin and the P3 legislation so tightly wrapped up in the Brent Spence, yes, there has been a lot of Northern Kentucky interests represented,” Democratic Governor of the Commonwealth of Kentycky Steve Beshear said. http://www.cincinnati.com/story/news/2015/03/18/beshear-declares-bridge-bill-dead-wants-cvg-fix/24988757/


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