Frankfort Work
I have two pieces of legislation that I
have written, listed below:
A Resolution for a
People's Vote for a Constitutional Convention in May 2016
Whereas the Commonwealth of Kentucky
has been operating on it's 4th Constitution which is over
123 years old.
Whereas Kentucky's 1891 Constitution
has been gutted to the point that the original document is
unrecognizable.
Whereas the updated changes can be
reflected in one simple coherent document, instead of through it's
numerous Revisions, Deletions, and Amendments.
Whereas the current Kentucky
Constitution gives clear instructions on how to vote for or against a
new Constitutional Convention, as well as instructions for an orderly
procession for how that Constitutional Convention would be ran, if
said vote was passed by the people of the Commonwealth of Kentucky.
Therefore, hereby let it be resolved
that a vote by the people of Kentucky shall be held the same day as
Kentucky's May 2016 Primary commences, as set forth in Section 258,
upon the successful passing of this Resolution by a majority of both
houses of Kentucky's 2015 and 2016 General Assembly.
* * *
There's more reasons why Kentucky needs
a new Constitution. For one, most of the elected positions had no
challengers. Kentucky didn't just have a Senate election, but a major
power shift, where all county positions were also up for grabs. This
happens every 4 years.
The embarrassingly sad turnout rate
shows how most Kentuckians do not participate in their democracy.
Lastly, while Revolutions do not
guarantee democracy, when democracy is embedded in the newly formed
regime after a Revolution, democracies endure.
http://thefreedomskool.blogspot.com/2014/11/for-enduring-democracies-revolutions.html
“Democracies that tend to survive the test of time are those born
in revolution.” Also, “on average, democracies that emerged from
revolutions spend considerably more on public goods such as education
and health than democracies not born from revolution.”
Circuit Court Judges, of which only
lawyers can be, after being elected to 8 year terms, will amass over
$1 million dollars. Since there's so many ways to interpret
Kentucky's current Constitution, this amounts into isolated private
pocket tyrannies throughout the state, with the most charismatic and
influential getting to dictate how government works, and to what
ends.
Rand Paul has already suggested a
Constitutional Convention for the federal government, and Democrats
can get out in front of them, if they have the backbone.
* * *
Here's a bill I wrote about moving
Kentucky's primary date earlier than the rest of the States in the
Union.
A Resolution for an
Earlier Primary for the 2016 Presidential Election
Whereas Iowa and New Hampshire have too
much influence over the winner of the Presidential Candidates running
in the primary, almost to the point where it makes Kentucky virtually
irrelevant.
Whereas increasing Kentucky's influence
will give more power to the people of Kentucky.
Therefore, hereby let it be resolved
that Kentucky's 2016 primary will be moved in front of the pack, and
shall be held on [January 4, 2016 or January 11, 2016].
* * *
The Make up of Kentucky's Legislature:
The Kentucky House of Representatives
was one of 20 state legislative chambers noted by Ballotpedia staff
as being a battleground chamber.
While the federal government saw the
Republicans make incredible gains, they didn't take Kentucky,
probably because of Alison Grimes' candidacy. Republicans had not
held the Kentucky House since 1921.
http://ballotpedia.org/Kentucky_House_of_Representatives_elections,_2014
This isn't to say that the Republicans didn't try. The GOP holds the
Senate in Kentucky, and tried to take the House... How come the
Democrats didn't try to take the Senate? Do they understand how
politics work? The Republican Party strengthened their hold on the
chamber by increasing their total seats from 23 to 26. The Democratic
Party sustained a loss of two seats, dropping from 16 to 14. That
means the Republicans have 12 more Senate seats than the Democrats in
Kentucky's most powerful, and more elitest, Senate. This requires the
Democrats to win 7 seats in order to take it over (for future
purposes). In 2 years, the other Senate half is up for reelection.
That's 19 folks up for reelection, and a chance for Democrats to
expand their power.
In 2014, the GOP were down 8 seats in
the House, and therefore, taking 5 seats from the Democrats in
Kentucky would have given them control of both houses in Frankfort.
But this didn't happen. Democrats kept 54 of the 100 House seats, the
same number they had going into the election. This means the
Democrats kept control of one house of the legislature, and it gives
them the majority. They'll have to work with the Republicans to get
some bills passed, and then with the Democratic Governor, who has
veto power, this gives the Democrats the edge to pass legislation
they agree with.
Snapshot of Frankfort:
The House of Representatives: 54
Democrats and 46 Republicans.
The Senate: 26 Republicans and 14
Democrats.
Governor: Democrat
* * *
Kentucky's Governor's Race:
For the GOP, the candidates are James
Comer, Hal Heiner, and Robert Lee Rosier. There's been talk about
Matt Bevin jumping into the race also.
For the Dems, Jack Conway has declared,
and Geoff Young too. Alison Grimes and and Daniel Mongiardo has been
whispered as being candidates.
An August 2014 poll has shown that Matt
Bevin (25%) would defeat James Comer (20%), Cathy Bailey (11%), and
Hal Heiner (18%).
https://en.wikipedia.org/wiki/Kentucky_gubernatorial_election,_2015
The same August 2014 poll shows Hal Heiner defeating James
Comer (28% to 22%), which compares much differently than an earlier
February 2014 poll, which had James Comer thumping Hal Heiner
(42% to 14%).
For the General election, the Public
Policy Poll conducted in 2014 shows Jack Conway being
victorious over Cathy Bailey (42% to 30%), Jack Conway over Matt
Bevin (39% to 36%), Jack Conway over James Comer (38% to 35%), and
Jack Conway over Hal Heiner (39% to 32%). A different July 2014 poll
also has Jack Conway over Hal Heiner (45% to 36%).
Jack Conway is Kentucky's
Attorney General who lost the Senate race against Rand Paul. Jack
Conway made headlines when he called himself “one tough son of a
bitch” at Fancy Farm. He also ran an ad that touted Rand Paul's
love for “aqua buddha”, and how Paul humiliated a college woman.
Jack Conway also made headlines with his emotional appeal to allow
gay folks to be gay. Conway had visible “Boehner-like” tears when
talking about gay marriage being allowed to be legal in Kentucky.
WKYT says that Jack Conway is polling better because he is better
known since he's had 3 statewide campaigns.
http://www.wkyt.com/home/headlines/Bluegrass-Poll-First-look-at-2015-governors-race-269083501.html
Jack Conway's 17% unfavorable rating was the highest of all the
candidates in the July 2014 poll.
Hal Heiner, former Louisville
councilman, lost the campaign against Greg Fisher in Louisville's
Mayoral Race. The July 2014 poll that WKYT reported on
http://www.wkyt.com/home/headlines/Bluegrass-Poll-First-look-at-2015-governors-race-269083501.html
shows Heiner with a 11% likability rating and a 12% unlikeable
rating. Heiner is mostly unknown to Kentucky voters. Heiner say that
Kentucky needs an “outsider's perspective”, which is an odd
sentiment, but makes sense, if one considers city-state of Louisville
as being separate from the nation-state of Kentucky.
Matt Bevin lost to Mitch McConnell
earlier this year in the Republican Primary.
James Comer is notable for getting hemp
legalized in Kentucky. His numbers in the July 2014 poll that WKYT
reported
http://www.wkyt.com/home/headlines/Bluegrass-Poll-First-look-at-2015-governors-race-269083501.html
show him with 15% favorable ratings versus 8% unfavorable, with him
largely being unknown. Comer is from Tomskinsville.
http://www.kentucky.com/2014/08/02/3363143_ag-commissioner-comer-announces.html?rh=1
Alison Grimes recently lost the
November 2014 election against Mitch McConnell.
Daniel Mongiardo lost an election
against Mitch McConnell, and was Steve Beshear's Vice Governor in
Beshear's first term.
Geoff Young and Robert Lee Rosier are
relative unknowns.
James Comer and Jack Conway both have
wikipedia pages, but the other declared candidates do not.
https://en.wikipedia.org/wiki/James_Comer_(politician)
https://en.wikipedia.org/wiki/Jack_Conway_(politician)
Geoff Young is the only running who has
filed his candidacy to run against Jack Conway, and his running mate
is Cherokee Schill, who is known as a “controversial bicyclist”
because she rode her bike on US 27 one day (wtf?... yeah it's true
http://www.wkyt.com/home/headlines/Controversial-bicyclist-to-run-as-lieutenant-governor-282839901.html).
Schill was charged with “wanton endangerment”, and had been
convicted of “careless driving” 3 times previously. Geoff Young
said that “We will give you the unvarnished truth directly, as best
we understand it. We refuse to waste your precious time and attention
on trivial non-issues, nasty attack ads, or politician-speak. We both
have highly-developed BS detectors, and we will fearlessly use them
against any politician who tries to deceive the people of Kentucky.”
http://www.meetup.com/ronpaul-146/messages/76338585/
Young of Schill: “She's a fighter,”
Young said of Schill. “She's honest, tough and smart. What we need
are people willing to speak the truth, to cut through all this
deceptive political rhetoric that we seem to be drowning in.”
Schill said she changed her party affiliation from “lifelong
Republican” to Democrat to file as Young's running mate.
http://www.kentucky.com/2014/12/01/3569758/cherokee-schill-arrested-for-riding.html#storylink=cpy
Geoff Young is a graduate of MIT, and
was defeated by Elizabeth Jensen in the May primary for 6th District
congressional seat. Jensen was defeated in November by incumbent U.S.
Rep. Andy Barr.
Young also ran for the state House in
2012, losing Republican incumbent Stan Lee of Lexington.
A native of Massachusetts, Young came
to Kentucky in 1982 and worked for state government in Frankfort as
an engineer for 14 years before retiring in 2006.
http://www.kentucky.com/2014/12/01/3569758/cherokee-schill-arrested-for-riding.html#storylink=cpy
Robert Lee Rosier, a retired Army man
from Elizabethtown, is running because God told him to, and he wants
to return Kentucky back to Jesus Christ. Rosier has no political
experience, and while will not win, will make sure that Biblical
principles are maintained.
http://www.thenewsenterprise.com/content/local-man-says-he%E2%80%99ll-run-governor#.Up4-l7xRpVc.google_plusone_share
Like a 3rd party candidate, he'll be liberated to speak
his mind, and the mainstream candidates will have to react to his
proclamations. Rosier is looking to “take heads” with “prison
terms and seizing pensions”. While wanting the noble goal of having
more goals, he also wants to break the wall between church and state
by “reinstituting prayer in schools”. Rosier may start a poor
man's Christian Revolution, which a focus on STEM (Science,
Technology, Engineering, and Mathematics), being taught our
Constitutional rights (how about a little bit of democracy?), and
taking advantage of Kentucky's natural resources (oil, gas, and coal)
in order to succeed. While his religious mental illness makes me
nervous of him, he seems to be tripping over many important truths.
Of course he's in favor of the 2nd Amendment (who isn't?),
and while he doesn't have the resources of his wealthier opponents,
he's not worried since “god called him”, and he'll provide
accordingly. He's running as a citizen, and he says “it's about
time one of us gets into office”. He's extremely likable, and his
ideas will resonate... perhaps not into votes, but like Gatewood
Galbraigth, Nader, Ron Paul, his ideas will be talked about in
intellectual political circles. Rosier is running with John Yuen.
Rosier is a “man of his word”, and finding integrity in
politicians is a rare find, as is morality.
Andrew Beshear, Steve Beshear's son, is actually running for Attorney General (and he'll win this, and it would set him up for a Governor's race... though he could have most likely have won the Governorship if he really wanted it), and frankly, name recognition, and dynasties... that's
what stupid Kentucky voters want. And yes, Kentucky voters are
stupid. Rand Paul won by “bullshitting” the public. He didn't say
he wanted to legalize crack and to end the Empire. He said he wanted
to balance the budget, and follow Constitutional principles... you
know, bland nothingness, and in regards to legalizing drugs, he said
“the federal solution isn't working”, so he used code words,
instead of being more like his straight-shooter father... and
surprise! Rand keeps on moving more and more towards Mitch, and away
from his father. Rand endorsed Mitch over Matt Bevin, and has been
for war, and is saying he doesn't want to legalize all drugs. What
libertarian used to live in Rand is gone. He's got power and power
corrupts absolutely. Anyways. The point is that Rand bullshitted the
Kentucky voter, and that's how he got elected. Ronnie Lee Smith ran
on the same platform for Sheriff in Northern Kentucky, and was
ostracized, and eventually killed for it. The difference between
Smith and Rand Paul is Smith was honest, and Paul was not. He
bullshitted Kentucky. So yes, stupid Kentucky voters... at least the
30% of them who do vote... who probably pay attention to politics the
week before election day... and listen to 5% of the smart folks whose
actually paying close attention to shit. Yes, stupid Kentucky voter.
Mitch was obstructionist, and blamed all problems on Obama... a 30
year career politician running as the candidate for change... and
Kentuckians bought it! Stupid voters is correct... what Mitch is the
equivalent of talking shit to the driver of the car, putting his
hands over the driver's eyes, and playing with the radio, and
screeching like Jim Carrey in Dumb and Dumber, and while the car
never wrecked, the bumps in the road, Mitch blamed it on the driver,
and stupid Kentucky voters bought it. Mitch's obstructionist tactics
has probably ruined politics forever, since now, the party out of
power will be ultra dicks to the ruling party, blaming all problems
on the figurehead, knowing that stupid Kentucky voters aren't paying
close enough attention to what their representatives are actually
doing. Maybe that can be good for change, but who knows.
Bipartisanship can be certain death (just like when church and state
get together), but pulling the country towards Mitch's corporatist
policies, and his asshole tactics, is the wrong direction.
Andrew Beshear has raised $1.1 million
for the Governor's race, even though he hasn't formally declared his
candidacy, Beshear is running too. That's smart of the Beshear family
to do that. There's only been two times the Governor's race in
Kentucky was won with more than $1 million dollars, and traditional
political wisdom says the candidate with the bigger war chest wins
(because they can put out television and radio ads, and that's how
they chew complicated issues down to short sound bite snippets, in
order to convince the stupid Kentucky voter to vote for them).
http://www.courier-journal.com/story/news/politics/elections/kentucky/2014/06/06/early-stakes-set-governors-races/10069803/
* * *
Here's a current glimpse of the bills already prefiled, although it does show what some of Kentucky's politicians are thinking. Most of these bills will not make it into law, because Kentucky's two months of legislating (which amounts to a summer camp) usually is in a mad rush to get the budget passed, which it's Constitionally required to do so.
BR2:
A CONCURRENT RESOLUTION establishing
the Gun Safety and Violence Prevention Task Force. Filed by
Representative Reginald Meeks (12/11/14): Request that the
Legislative Research Commission create the Gun Safety and Violence
Prevention Task Force to study public safety, public protection, and
gun safety issues.
BR4:
AN ACT relating to DNA filed by
Representative Reginald Meeks (11/17/14): Amend KRS 17.169 to
include local law enforcement as persons authorized to collect DNA
samples; amend KRS 17.170 to provide for the collection of DNA
samples at arrest or initial appearance from all persons charged with
a felony offense; amend KRS 17.175 to provide for expungement
of DNA samples in specified circumstances and allow use of all
samples collected in good faith; amend KRS 64.060 to establish a $5
payment from the State Treasury to the collecting agency for each DNA
sample collected.
BR7:
AN ACT relating to public benefit
corporations. Filed by Representative Kelly Flood (05/30/14):
Amend KRS 14A.3-010, 271B.1-400, 271B.2-020, 271B.6-260, 271B.7-400,
271B.8-300, 271B.13-020, and 271B.16-210, and create a new section of
Subtitle 11 of KRS Chapter 271B to establish public benefit
corporations.
BR11:
AN ACT relating to drone
surveillance. Filed by Representative Diane St. Onge (06/04/14).
Create a new section of KRS Chapter 500 to define "drone";
prohibit a law enforcement agency from using a drone to gather
evidence or other information; provide exceptions; prohibit use of
evidence obtained in violation; provide that the Act may be cited as
the "Citizens' Freedom from Unwarranted Surveillance Act."
(Prefiled by the sponsor(s).) To: Interim Joint Committee on
Judiciary.
BR13:
AN ACT relating to Gold Star
Siblings license plates. Filed by Representative Diane St. Onge
(12/11/14). Amend KRS 186.162 to create a Gold Star Siblings license
plate with the same fees as the I Support Veterans plate; amend KRS
186.164 to set forth eligibility requirements; EFFECTIVE 1/1/2016.
BR14:
AN ACT relating to preserving the
right of Kentuckians to own and use firearms. Filed by
Representative Diane St. Onge (06/04/14). Create new sections of KRS
Chapter 237 to declare legislative intent; invalidate and nullify all
federal laws and regulations restricting ownership or possession of
firearms; direct the General Assembly to take all appropriate action
to safeguard Kentuckian's rights to possess firearms in accordance
with the second Amendment to the Constitution of the United States
and Section 1 of the Constitution of Kentucky; amend KRS 527.040 to
add persons who have been dishonorably discharged from the Armed
Forces of the United States and persons illegally or unlawfully in
the United States to the list of persons who shall not possess
firearms. (Prefiled by the sponsor(s).) To: Interim Joint Committee
on Judiciary.
BR19:
AN ACT relating to the abolition of
the death penalty. Filed by Senator Gerald A. Neal (07/16/14).
Create a new section of KRS Chapter 532 to abolish the death penalty
and replace it with life imprisonment without parole for inmates
presently sentenced to death; amend various sections of the Kentucky
Revised Statutes to eliminate the term "capital offense"
and replace it with Class A felony; amend KRS 532.030, relating to
authorized dispositions for felony offenses, to permit imprisonment
for life without parole and imprisonment for life without parole for
25 years for offenses formerly denominated as capital offenses; amend
KRS 533.010, relating to probation, to prohibit probation for a
person sentenced to life without parole or life without parole for 25
years; amend KRS 640.040, relating to penalties for juveniles
convicted of felony offenses, to authorize imprisonment for life
without benefit of parole for 25 years, but not life imprisonment
without benefit of parole, for a Class A felony which was formerly a
capital offense; repeal various statutes relating to imposition of
the death penalty. (Prefiled by the sponsor(s).) To: Interim Joint
Committee on Judiciary.
BR20:
A CONCURRENT RESOLUTION establishing
the Task Force on the Costs of the Death Penalty in Kentucky.
Filed by Senator Gerald A. Neal (07/16/14). Establish a task force to
study the costs of administering the death penalty in Kentucky;
establish membership of task force; provide that the task force is to
study the costs to the state and local governments related to
administering the death penalty in all phases of the criminal justice
system and the number and outcomes of death-eligible cases; require
the task force to submit a report to the Legislative Research
Commission by December 1, 2015. (Prefiled by the sponsor(s).) To:
Interim Joint Committee on Judiciary
BR21:
AN ACT proposing an amendment to
Section 145 of the Constitution of Kentucky relating to persons
entitled to vote. Filed by Senator Gerald A. Neal (07/16/14). Propose
to amend Section 145 of the Constitution of Kentucky to allow
persons convicted of a felony, other than felonies designated by
the General Assembly, the right to vote; submit to the voters for
ratification or rejection. (Prefiled by the sponsor(s).) To:
Interim Joint Committee on Judiciary.
BR22:
AN ACT relating to offender reentry.
Filed by Senator Gerald A. Neal (07/16/14). Amend various sections in
KRS Chapter 335B relating to employment and licensure of persons
convicted of crime to narrow the class of offenses to which the
chapter applies; add consideration of the passage of time since the
commission of the offense to the criteria considered in making
licensure decisions; delete language relating to a hiring or
licensing authority's subjective view of an ex-offender's
rehabilitation; require a connection between the offense and the
licensure category before a licensure denial is issued; repeal,
reenact, and amend KRS 335B.060 to exempt peace officers and other
law enforcement personnel as well as licensure categories preempted
by federal law; repeal KRS 335B.040, relating to denial of license on
ground of abuse of good moral character. (Prefiled by the
sponsor(s).) To: Interim Joint Committee on Judiciary.
BR23:
AN ACT relating to court-ordered
outpatient mental health treatment. Filed by Representative
Tom Burch (12/02/14). Amend KRS 202A.081 to require that the attorney
and, if available, alternative sentencing social worker is present
for a patient agreed order and allow a peer support specialist or
other supportive person to be present; require the Department of
Public Advocacy to assign an alternative sentencing social worker to
any person under court order who shall develop a treatment plan in
collaboration with a community mental health center; require the
court to appoint a case management service or team employed by a
community mental health center to monitor treatment adherence, report
on the person's functioning, recommend community support services,
and assist the person in applying for social services; require that
the case management service or team is available 24/7 and adequately
trained; require that providers use evidence-based practices and
define the term; provide that failure to abide by the treatment plan
may result in rehospitalization provided that the criteria are met,
procedures are initiated via affidavit by the case management service
or team, and mental health examinations take place at community
mental health centers; permit up to 3 additional orders with due
process; require that patient agreed order services are covered by
Medicaid; require that courts report such orders to the Cabinet; and
rename this commitment process a patient agreed order. Create new
sections of KRS Chapter 202A to create a process for District Courts
to order assisted outpatient mental health treatment; provide for
transportation processes for the purposes of a mental health
examination; establish eligibility and court proceedings; require a
mental health examination and the development of a treatment plan;
establish the process for hearings; require the court to appoint a
case management team or service to monitor and report on the person
under order; authorize 72-hour emergency admission for failure to
comply with orders; provide for the right to stay, vacate, or modify
orders; provide for a process to change a treatment plan; permit an
additional period of treatment to be ordered provided certain
criteria is met; and require that assisted outpatient treatment
services are covered by Medicaid; amend KRS 202A.261 and 202.271 to
conform. (Prefiled by the sponsor(s).)
BR24:
AN ACT relating to Medicaid
eligibility determinations. Filed by Representative Tom Burch
(12/12/14). Create a new section of KRS Chapter 205 to require the
DMS or an MCO to process a Medicaid eligibility application within 45
days of receipt of the application; require DMS or an MCO to forward
a conclusive request for verification of income by a specific
deadline; require an applicant to respond within 15 days; state that
if the DMS or an MCO fails to comply with established time periods
that it shall have waived the right to enforce regulations relating
to spend down of excess resources and production of verification of
income; once all information requested has been provided, the DMS or
MCO shall make a determination within 5 days, if all information is
not provided by applicant the request shall be denied; allow for the
agency to terminate benefits if it later discovers information that
would have resulted in a denial. (Prefiled by the sponsor(s).)
BR30:
AN ACT relating to the valuation of
motor vehicles for property tax purposes. Filed by Representative
Diane St. Onge (07/02/14). Amend KRS 132.485 to clarify that the
"rough trade-in" value or "clean trade-in"
value shall not be used to determine the standard value of a motor
vehicle. (Prefiled by the sponsor(s).) To: Interim Joint Committee on
Transportation.
Studying the bills prefiled gives a
good indication of the clusterfuck that is Frankfort and the Kentucky
Constitution. Also, most representatives won't read all of these
bills, and the better study would be the study to see whose bills
were passed by the end of the 2-month Summer Camp. There's just too
much. No weigh they're weighing out all of these ideas and doing
what's best for everybody. No way. I don't believe it. It'll be the
most influential who will get their way. I'm thinking a study of the
people and those in leadership positions will be more useful than
checking through all of these bills. I'll end what I have so far, and
just be surprised like everybody else if anything gets passed.
BR37:
AN ACT relating to deferred deposit
transactions. Filed by Senator Reginald Thomas (09/12/14). Amend KRS
286.9-010, relating to deferred deposit transactions, to define
"annual percentage rate," "consideration," and
"interest"; amend KRS 286.9-100 to delete the service fee
of $15 per $100 loan and establish a tiered maximum annual percentage
rate based on the face amount of the deferred deposit check; provide
that making a deferred deposit transaction in violation of the
maximum interest provisions is an unfair, false, misleading and
deceptive practice in violation of the Consumer Protection Act and
subject to its rights and remedies; prohibit a licensee from engaging
in deceptive practices to evade the requirements of Subtitle 9 of KRS
Chapter 286; amend KRS 286.9-102 to require a licensee to
conspicuously display interest charges for services; create a new
section of Subtitle 9 of KRS Chapter 286 to provide that knowing
violation of the maximum allowable interest rate provisions shall be
deemed a forfeiture of the entire interest for the transaction and
that the person who paid the interest, or his or her legal
representative, may recover twice the amount paid in any action
against the lender if commenced within two years of the deferred
deposit transaction. (Prefiled by the sponsor(s).) To: Interim Joint
Committee on Banking and Insurance.
BR36:
AN ACT relating to general principles
of justification. Filed by Senator Reginald Thomas (07/08/14). Create
a new section of KRS Chapter 503 to incorporate the "no duty to
retreat" provisions elsewhere in the chapter; amend KRS 503.050,
503.055, 503.070, and 503.080 to require a reasonable belief that
defensive force is necessary before it is justified; change the term
"great bodily harm" to "serious physical injury"
as used throughout the Penal Code; amend KRS 503.060 to require an
initial aggressor to retreat before the use of force can be
rejustified; prepal KRS 503.120. (Prefiled by the sponsor(s).) To:
Interim Joint Committee on Judiciary.
BR35:
AN ACT relating to oaths. Filed by
Senator Reginald Thomas (06/25/14). Amend KRS 6.072 to require
witnesses appearing before a committee to take an oath prior to
giving testimony. (Prefiled by the sponsor(s).) To: Interim Joint
Committee on State Government.
BR34:
AN ACT relating to interscholastic
extracurricular activities. Filed by Representative Stan Lee
(08/05/14). Create a new section of KRS Chapter 158 to authorize
participation in a public school interscholastic extracurricular
activity by a private school student when the private school does not
offer the interscholastic extracurricular activity; establish
criteria for participation therein. (Prefiled by the sponsor(s).) To:
Interim Joint Committee on Education.
BR31:
AN ACT relating to individual income
tax. Filed by Representative Diane St. Onge (07/11/14). Create a new
section of KRS Chapter 141 to allow an extension of time for filing a
refund claim for an individual who: received an airline payment
amount and transferred any portion of the amount to an IRA according
to Section 1106 of the federal FAA Modernization and Reform Act of
2012, Public Law 112-95; filed an amended return with the Internal
Revenue Service excluding the airline payment amount from federal
gross income, received a refund of the federal income tax based upon
the amended return and filed an amended return with the Department of
Revenue requesting a refund,was denied a refund of Kentucky income
tax based on KRS 134.580, and received a refund of the federal income
tax based upon an amended return filed; require certain documentation
to be filed with the amended return; allow the amended return to be
resubmitted on or before December 30, 2015. (Prefiled by the
sponsor(s).) To: Interim Joint Committee on Appropriations and
Revenue.
BR474:
AN ACT relating to sentencing by
juries. Filed by Representative Gerald Watkins (12/09/14). Create a
new section of KRS Chapter 532 allowing sentencing juries in
misdemeanor trials to see all prior convictions regardless of the
kind or offense or the date; amend KRS 532.055 to conform. (Prefiled
by the sponsor(s).)
BR473:
AN ACT relating to voluntary student
expression of religious viewpoints in public schools. Filed by
Representative Gerald Watkins (12/09/14). Amend KRS 158.183 to permit
students to voluntarily express religious viewpoints in school
assignments free from discrimination and organize prayer groups,
religious clubs, or other religious gatherings before, during, and
after school to the same extent that students are permitted to
organize other noncurricular student activities and groups and allow
for expression of religious viewpoints through dress to the same
extent as students are permitted to express viewpoints through
nonreligious dress; create a new section of KRS Chapter 158 to
require each board of education to adopt and implement a policy
regarding voluntary student expression of religious viewpoints and to
establish a limited public forum for student speakers at all school
events at which a student is to publicly speak, including graduation.
(Prefiled by the sponsor(s).).
BR472:
AN ACT relating to an income tax
deduction for qualified tuition programs. Filed by Representative
Brad Montell (12/12/14). Amend KRS 141.010 to allow a tax deduction
for contributions to a qualified tuition program for higher
education. (Prefiled by the sponsor(s).).
BR471:
AN ACT relating to scholarships for
at-risk children. Filed by Representative Brad Montell (12/10/14).
Create a new section of KRS Chapter 141 to establish a scholarships
for at-risk children tax credit program for scholarships for at-risk
children; provide a nonrefundable credit against the income tax
imposed under KRS 141.020 or 141.040, and the limited liability
entity tax imposed under KRS 141.0401, for contributions made to a
scholarship organization that is organized solely for the purpose of
receiving and distributing cash contributions to provide educational
scholarships to eligible students at qualified schools; amend KRS
141.010 to exclude from the definition of "adjusted gross
income" the amount received by an eligible student or by an
individual on behalf of an eligible student as an educational
scholarship under the program; amend KRS 141.0205 to provide the
order in which the credit may be claimed. (Prefiled by the
sponsor(s).).
BR414:
AN ACT relating to minimum wage. Filed
by Representative Reginald Meeks (12/11/14). Amend KRS 337.275,
relating to the minimum wage, to include anti-preemption language
permitting local governments to establish minimum wage laws in excess
of the state minimum wage. (Prefiled by the sponsor(s).)
AN ACT relating to postsecondary
education tuition fees. Filed by Representative Joni L. Jenkins
(12/10/14). Amend KRS 164.2841 and 164.2842 to identify correctional
officers of urban-county governments and metropolitan correctional
services divisions as law enforcement officers; allow postsecondary
education tuition fees to be waived for survivors of correctional
officers of urban-county government and metropolitan correctional
services divisions killed or permanently and totally disabled in the
line of duty. (Prefiled by the sponsor(s).).
BR456:
AN ACT relating to alcohol and drug
counseling. Filed by Representative Leslie Combs (12/11/14). Amend
KRS 309.080 to define "licensed clinical alcohol and drug
counselor," "licensed clinical alcohol and drug counselor
associate," "licensee," "practice of alcohol and
drug counseling," "registered alcohol and drug peer support
specialist," and "registrant"; amend KRS 309.0805 to
include "licensed clinical alcohol and drug counselor,"
"licensed clinical alcohol and drug counselor associate,"
and "registered alcohol and drug peer support specialist"
among the titles that may not be used by persons not licensed,
certified, or registered under KRS 309.080 to 309.089; amend KRS
309.081 to conform; amend KRS 309.0813 to include new licensure
categories require the Board of Alcohol and Drug Counselors to
promulgate administrative regulations to define the process to
register with the board; create a new section of KRS 309.080 to
309.089 to establish requirements for registration as an alcohol and
drug peer support specialist; amend KRS 309.083 to stipulate that
certification requirements shall also include three hours of domestic
violence training and training in suicide assessment, treatment, and
management; create a new section of KRS 309.080 to 309.089 to
establish requirements for licensure as a licensed clinical alcohol
and drug counselor; create a new section of KRS 309.080 to 309.089 to
establish requirements for licensure as a licensed clinical alcohol
and drug counselor associate; create a new section of KRS 309.080 to
309.089 to require the board to promulgate regulations to define the
process to register as a supervisor of record; amend KRS 309.084 to
eliminate outdated language and require the board to temporarily
extend licensure to certified alcohol and drug counselors with at
least a master's degree; create a new section of KRS 309.080 to
309.089 permit licensure, certification, or registration by
reciprocity; amend KRS 309.085, 309.086, 309.087, and 309.089 to
conform; create a new section of KRS 309.080 to 309.089 to require
the board to deposit all moneys into a revolving fund in the State
Treasury; amend KRS 194A.540 to include licensed alcohol and drug
counselors and alcohol and drug peer support specialists; amend KRS
210.366 to conform; amend KRS 222.005 to include licensed or
certified alcohol and drug counselors under the term "qualified
health professional." (Prefiled by the sponsor(s).).
BR470:
AN ACT relating to financial
disclosure statements. Filed by Representative Jill York (12/12/14).
Amend KRS 6.787 to include names of clients paying more than $1,000
annually to a consulting firm owned by a legislator or spouse, or
which employs a legislator or spouse in the statement of financial
disclosure; exclude legislators who are attorneys from requirement.
(Prefiled by the sponsor(s).).
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