Repeal KRS 121.310 for P'Pool and Conway

Both the Lexington Herald Leader and Louisville Courier Journal reported this week on supporters of Kentucky Attorney General candidate Todd P'Pool facing felony convictions for talking about their candidate and his opponent Attorney General Jack Conway.

The news stories are here and here.

At issue is KRS 121.310, which appears as follows in Kentucky law:


The law is so sloppy and imprecise it should be repealed. To do otherwise is to allow an unconstitutional prosecution of speech while empowering government to make up the rules as it goes along.

First, the law doesn't necessarily restrict only employers. By stating "no person shall" without defining person, much less specifying employers as a target, the law could mean to inhibit anyone from talking to someone who has a job. Then, we could interpret "coerce or direct any employee" to mean "tell any employee." Worst of all, the rest of paragraph (1) could easily apply to wearing a t-shirt or possessing a political bumper sticker or flyer.

And paragraph (2) is worse.

Todd P'Pool's supporters shouldn't face felony convictions under this ridiculous statute and Jack Conway's shouldn't either, which they clearly and easily could if Republicans sought to make the point. Repealing this nonsense makes sense for all Kentuckians.

Lexington taxpayers to get blindsided in September

A jury trial scheduled for September 26 in Jessamine Circuit Court will rock Fayette County taxpayers and shake up Lexington's political scene.

John Vest vs. Lexington-Fayette Urban County Government, originally filed in 2007, resulted from official mishandling and cover-up associated with multiple cases of civil rights violations at the Fayette County Detention Center.

Former mayors Teresa Isaac and Jim Newberry were directly involved in the mishandling and cover-up.

Vest was the FBI's informant whose testimony sparked an October 2006 raid by dozens of federal agents to the Lexington jail. Vest's only request was to be transferred to another city job with immediate supervisors who might be less likely to try to kill him.

Had Vest simply been transferred, much of this would have just gone away. In fact, rumors are circulating of both Isaac and Newberry eyeing a rematch with Mayor Jim Gray. But they may have to reconsider after Lexington taxpayers finish writing a multi-million dollar check to Vest due to official misconduct by these incompetent politicians.

Frankfort finds its hurricane

Earlier this year, Frankfort politicians agreed to "balance" Kentucky's Medicaid budget by borrowing $166 million in 2012 funds to spend in 2011.

They also set out to save money in 2012 and beyond by switching to a managed care system. Of course, they are attempting to do this without reducing the state government Medicaid workforce.

Perhaps an early indication of how things are going so far comes today with news that Kentucky's Medicaid Managed Care Hotline is backed up and excess calls are being routed to Pennsylvania, where they can't be answered due to complications related to Hurricane Irene.

Just pointing this out

The top issue in America right now is jobs and the role government has played in messing up the economy by taxing too much, spending too much and building up its own power at the expense of the people.

The failure of Gov. Steve Beshear's opponent to credibly differentiate himself on these issues surely has a lot to do with the fact that Intrade.com gives him just about a zero percent chance of winning in November.

If you really disagree, of course, you should probably call Intrade.

Is it the Kentucky typo tax?

Kentucky Auditor candidate John Kemper pointed out something odd about the record-high deposit to the state's rainy day fund a month ago: it's illegal.

"Kentucky state law prohibits putting more than half of an annual surplus into the budget reserve trust fund, also known as the rainy day fund," Kemper said. "A change in the law in 2010 allows the governor to spend all the rainy day money without the General Assembly's permission for the rest of this fiscal year. Our legislators are going to have to be more careful controlling spending in the next budget."

Budget officials in Frankfort said this morning that the legislature changed the law in the 2010 special session to allow Beshear to put more than half of the $156.8 million "surplus" into the rainy day fund. But HB 1 didn't notwithstand KRS 48.705. Instead, it temporarily rescinded KRS 48.700.

Big difference.

We will never know for sure who mixed up the numbers of the two statutes, but by notwithstanding KRS 48.700, the legislature allows Beshear to spend all of the $121 million in the rainy day fund without the permission of the General Assembly.

Giving Beshear control over that much money is not a great idea and something at least some members of the legislature claim to oppose doing. If Beshear misappropriates any part of that money, we should call it the Kentucky typo tax.

Tea Party stops local tax increase; more coming

Kentucky Auditor candidate John Kemper congratulated the McCracken County Board of Education on Friday for rejecting a property tax increase and he encouraged other boards and local governments across the state to follow suit.

"Frankfort hides a lot of taxing and spending by passing it off to the local level," Kemper said. "Tea party groups across the state are engaging local officials and impressing on them the importance of tightening their belts just like the rest of us. As our message grows stronger, we need to see more officials all over Kentucky work harder to get spending under control rather than raising taxes."

John Kemper challenges Jack Conway

Kentucky Attorney General Jack Conway needs to clarify creditor rights in the event of a municipal bankruptcy in the commonwealth, John Kemper, candidate for Auditor of Public Accounts, said.

"With our growing debt, pension obligations and Obamacare on the way, we need to be clear about what happens if we can't pay the bills. Who gets paid first: bondholders or pensioners? Without a law that spells out what we have to do, it's up to the Attorney General to specify who gets paid when there is not enough to go around."

Kemper's political opponents have attacked him for warning about Kentucky's excessive accumulation of debt, but he hopes politics doesn't stop them from acting to protect taxpayers.

"It's a simple request, really," Kemper said. "I'm willing to overlook the fact that no one has done this yet if General Conway just gets on it now."

Maybe you prefer a debt-enslaved Kentucky?

Kentucky Auditor candidate John Kemper will hold a press conference at the Capitol Rotunda on Thursday morning August 18 at 11:30 am. He will address his Debt Free Kentucky platform.

We need a Tea Party upgrade

Lexington activist Kim Shady best summed up Barack Obama's tirade against the Tea Party this week when she said blaming us for the S&P downgrade was "like blaming Paul Revere for the British coming."

Indeed, the Tea Party confounds ruling class politicians in both parties simply by telling the truth about overspending and hyperactive big government. And bad Republicans don't like it any more than bad Democrats do.

That's why we've formed Kentucky Knows Best Political Action Committee to help channel the power of the movement into winning Kentucky state legislative races in 2012 and beyond. If you'd like to know more or to help, please call me at 859-537-5372 or email kyprogress@yahoo.com. You may also contribute to the effort by clicking here.

Thanks,


David Adams
Executive Director
Kentucky Knows Best PAC

Call your Congressman

As of right now, all six Kentucky members of the U.S. House of Representatives are officially "undecided" on the Obama debt deal.

Please join a Kentucky Debt Limit Town Hall meeting Tuesday August 2 at 7pm ET at the Scott County Courthouse in Georgetown, KY. Your input is highly valued and greatly appreciated by the Tea Party.

And obviously our elected representatives need to hear from you now.

See no, hear no, speak no political stunts in KY

A perfect example of what is wrong with Frankfort presented itself this afternoon when Gov. Steve Beshear put out a press release proclaiming that he put $121 million in the state's rainy day fund.

Beshear actually does well with this if you see it for what it is. He is a politician running for office, trying to get a positive news story and no tough questions. The Lexington Herald Leader picks up the assist.

The rest of us are supposed to pretend not to remember the $166 million in Medicaid funds "borrowed" from 2012 three months ago. And of course he will get away with it politically because his Republican opponent voted for the same nonsense.

That's bad enough, but we are also supposed to ignore the state debt this money would be much more properly applied to than to use it for political stunts like this. Again, his Republican opponent voted the same way.

And this $121 million could be dropped into the deep dark hole of unfunded public employee benefits without even making a sucking sound as it disappeared into the abyss. But because there are no political points to score between establishment politicians, the big media sees no story.

More than one mandate to kill

One element of the federal debt limit debate seems to be turning to a Republican effort to repeal ObamaCare's requirement that all people buy health insurance.

The so-called "individual mandate," though, isn't the worst part of ObamaCare. And pulling it out by itself leaves the worst part to wreck healthcare in America even faster.

The worst part of ObamaCare is the requirement that health insurance companies provide coverage to all applicants without regard for pre-existing health conditions. This provision removes market forces from health insurance and leaves the only remaining issue as whether premium payments come directly from consumers or from the government. As costs continue to spiral upward, more consumers will be unable to pay and Medicaid will get bigger and bigger.

Removing only the individual mandate will just make that devolution occur faster because younger and healthier people will avoid the whole mess and self-insure. That leaves older and sicker people to drive up costs faster in the government-controlled plan, destroying what's left of the insurance market and leaving it all to bureaucrats.

The solution to ObamaCare is to get government out of healthcare as much as possible. But trying to piecemeal our way out of ObamaCare could make us worse off than ever.

One way to solve debt standoff

There were rumors this afternoon that the White House and Senate had worked out a budget deal with spending cuts and without tax increases (and a fun-to-watch left-wing panic attack).

The White House denies it now. Seems like we could easily dispense with all this tax loophole stuff by simply repealing all income taxes.

Other states should follow Kentucky on this

We don't yet know how the federal debt ceiling debate will be resolved, but we can tell how poorly it has gone on the state level. That's because the debate has never happened here. It's time that changed.

The debt accumulated over the past decade by Frankfort politicians in both political parties has been staggering -- more than forty billion dollars.

We already can't afford the debt we have. I offer as proof the $30 million Kentuckians lost last month in a bond market scheme rolling over debt and making our budget appear balanced. If we could afford to make bond payments and balance our budget, there would be no need to give tens of millions of dollars to New York bankers and lawyers to paper over the mess we have made of our state finances.

The right thing to do in Washington D.C. is to strengthen our federal debt limit by adding a balanced budget requirement. The right thing to do in Frankfort is to strengthen our balanced budget requirement by adding to it a state debt ceiling. We can't afford to let our politicians drive us deeper into debt and we must be at least as diligent in Frankfort as we are in Washington.

Please join friends and fellow Kentuckians at the Scott County Courthouse in Georgetown at 7pm ET on August 2 to learn more about this issue and what we can do about it. Please help by spreading this invitation as widely as you can. Thank you for all that you do to make Kentucky a better place for our families.


Sincerely,


David Adams
Executive Director
Kentucky Knows Best PAC

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Starting Kentucky debt ceiling conversation

Kentucky needs its own debt ceiling; there can be no question about that. Frankfort politicians in both parties have been too eager to hide their overspending in financing games with bonds and by failing to properly fund public employee retirement benefits.

The damage currently amounts to more than $40 billion dollars, nearly all of it accumulated in the last decade. Stopping Frankfort politicians from making it any worse is something nearly all of us should be able to agree on.

The solution involves defining "debt" and crafting legislation to get a handle on the spending process in Frankfort.

Do we want to require full funding of retirement benefits each year?

How do we define debt?

Who can we get to sponsor a Kentucky Debt Ceiling bill?

Do we have the political will to force establishment politicians in both parties to voluntarily limit their political spending appetites?

Will there ever be a better time than right now to start this initiative?

Beshear upsets everyone on ObamaCare

The strange sight of Kentucky's effort to escape the ravages of ObamaCare without appearing to do so continues during the public comment phase of our request for an ObamaCare waiver.

So far, Kentucky Voices for Health, Kentucky Equal Justice Center and Consumer Watchdog have combined to criticize the Beshear Administration's complaint with ObamaCare, contradict the evidence in the state's petition for waiver and even to suggest that Beshear is lying to get out of complying with federal law. Surely there will be more of these letters made available as the Obama Administration gets closer to ruling on Kentucky's request.

It's amazing no one is getting Beshear on the record about this as he is angering the extreme left for not hungrily lapping up his ObamaCare soup while disappointing the rest of us for not doing enough to show that many Democrats realize what a mess this is going to be.

Is Kentucky Pro-ObamaCare or not?

The federal government rolled out proposed regulations for ObamaCare's state health insurance exchanges yesterday, leaving Kentuckians with some interesting questions to ponder.

First of all, do we want ObamaCare or not?

Several states have been slow to embrace any part of ObamaCare or are actively fighting it. Some have even gone so far as to refuse federal money earmarked for setting up the bureaucratic infrastructure to facilitate the "Affordable Care Act."

Kentucky has not passed enabling legislation to set up a health insurance exchange, but has sent a major mixed signal by accepting federal exchange grant money, throwing it in the bipartisan state budget and spending it anyway.

The Beshear Administration is expected to gain approval within a few weeks to temporarily avoid a relatively inconsequential mandate in ObamaCare. At that point if not sooner, Beshear should have to explain why he didn't seek a broader waiver.

Frankfort politicians of both parties took the money Obama sent and they spent it. They really should have to explain why.




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Kentucky media still missing ObamaCare story

Another development in Kentucky's uneasy political tapdance around ObamaCare today highlights the continued failure of state mainstream media to cover a very important story state Democrats would prefer not to talk about.

The federal Department of Health & Human Services notified Kentucky's Insurance Commissioner today that we will have a decision on Kentucky's request for an ObamaCare waiver within thirty days.

Kentucky has asked for a temporary exemption from a small part of ObamaCare's effort to control healthcare prices. While still publicly supporting ObamaCare, the Beshear administration has referenced Kentucky's failed price-fixing efforts in the health care market which destroyed our health insurance market two decades ago, despite the unmistakable similarities between that state legislation and ObamaCare.

It's pretty hard to overlook the fact that ObamaCare supporters in Kentucky have even less desire to talk about what requiring health insurance companies to cover all applicants does to consumers, but state reporters seem to be giving it a pretty good try as well.

Kentucky makes another short list

Twenty six states' attorneys general have joined legal efforts to stop Obamacare and ten states have signed on in support of it. Kentucky's cartoonish AG Jack Conway is part of a Fearful Fourteen group of AGs avoiding a clear position on the issue. Conway's opponent in November is Todd P'pool, who strongly opposes Obamacare.