Recent events mandate that I state the following to you, the U.S. Government, and the entire nation:

It is beyond my ability and wishes to comprehend the unprecedented madness taking place in the Senate. Not the least of which was the recent vote to table the Nelson/Hatch amendment. The amendment sought to make absolutely certain that NO taxpayer dollars would be used to fund the murders of innocent children in their mother’s womb (the exact same place you once were some years ago!).

The fact that our nation even has to debate whether or not to use taxpayer dollars to fund the murders of children in their mother’s womb bears witness to the pure evil, sickness, corruption, and the deep level of depravity that America now finds itself buried in, and consistently seems to be descending deeper into with each passing day.

As history verifies is the same case with the guy occupying the White House, 54 Senators voted against prohibiting taxpayer dollars from being used to fund child-murder in the womb, which shows that they have absolutely no concern whatsoever for the unborn and that our U.S. Government is completely devoid of ethics, morals, decency, and compassion. Conversely, the U.S. Government seems as if it is being consumed with practicing evil, and will eventually destroy itself if left unhindered.

Note the following:

Yea, they sacrificed their sons and their daughters unto devils,
And shed innocent blood, even the blood of their sons and of their daughters…Psalm 106:37-38a:

The Word of the Living God makes a plea to all those who will hear:
Repent, and turn yourselves from all your transgressions; so iniquity shall not be your ruin…Ezekiel 18:30b.
The Son of the Living God, Yahushua HaMaschiach, suffered the judgment that rightly belongs to you, to me, and to each and every one of us all. By doing so, His precious blood that He shed on the Cross provides atonement for everyone who, out of a contrite heart, repents of their sins and puts their faith and trust in HIM alone.

THERE IS NO OTHER WAY FOR FORGIVENESS BUT THROUGH YAHUSHUA!

Unless Yahushua is sought through true repentance, I have absolutely no doubt whatsoever that this nation, the United States of America, is finished.

I urge you and all of us as a nation to seek Him NOW!
Seek ye the Lord while he may be found, call ye upon him while he is near: Let the wicked forsake his way, and the unrighteous man his thoughts: and let him return unto the Lord, and he will have mercy upon him; and to our God, for he will abundantly pardon…Isaiah 55:6-7.

Thank you for your time and may you take heed for the sake of our nation and for your very soul.

He That Has Ears To Hear, Let Him Hear….

December 24, 2009
It’s still a wait-and-see situation, but as the dust clears on the other, more important issues before our congress at this time, and as the new year of 2010 gets going a little, it looks as though the discussions concerning possible (or probable?) legislation of online gambling in the US has a good chance of gaining momentum.

The controversial UIGEA (Unlawful Internet Gambling Act) was to be implemented beginning in December of this year, but has been delayed to June of 2010. This will give everyone involved some breathing room, so to speak, and allow more focused discussion of the online gambling issue itself as well as the legislations coming forward.

Meetings have already occurred, and will continue after the new year begins. These talks will include the legislation by Barney Frank that focuses on allowing the many existing licensed online gambling operators outside of the US to once again accept wagers from USA players, who potentially can provide a huge presence in online casinos and poker rooms.

There is much at stake in this issue, not least of which are the enormous amounts of revenue that can be brought into the US coffers by regulation of the industry. Think of the opportunities also for creating jobs within the US, in the many areas that will be involved in the process, as well as the land casinos and new online American-based casinos that might eventually become a reality. And it’s not all about the money, either, as there is also great bearing on the issue from the rights and personal freedoms of individuals to play the games and to gamble online in the privacy of their own homes.

My exit strategy is contained within this Haiku

Data More Data
Paper Bits Files Bytes Records
Purge Archive Destroy

Tis now the season for the annual HR & Personnel files purge, audit, archive and destroy. Everything from this year is retained fully for one year. Last year’s records are now further segregated into staged retention until the mandated archive period expires. All obosolete privacy affected data is affirmatively destroyed through shreddedestruction. The goal remains to retain only the minimum required data set while safeguarding identity data.

Capture 401k payroll data for EOY Testing and the mid-year audit.

Draft, publish and brief the State of HR presentation.

Draft next year’s Human Resource Development calendar.

Renew SHRM & HRASMaine memberships.

What is your exit strategy? What have I missed?

Maine Public Broadcasting Network : Battle Brewing Over State’s Sex Offender Registry Law.

A major battle is brewing in Maine over implementation of the nation’s so-called Adam Walsh Act. In 2010, Maine is supposed to comply with the federal law, which is aimed at creating similar sex offender policies — and public Websites — in all 50 states. One key lawmaker says legislators are likely to balk at some requirements of the federal Adam Walsh Act, which the state is supposed to comply with in 2010.

The co-chair of the Legislature’s Criminal Justice Committee says the issue of how to handle convicted sex offenders has been debated by the panel for years. Sen. Stan Gerzofsky, a Brunswick Democrat, says Maine lawmakers have already revised the state’s sex offender registry law, but he says he doubts that the changes will meet federal requirements.

Gerzofsky says the federal law requires states to have a publicly-accessible registry that includes teenage offenders, and he doubts that Maine lawmakers will go that far. He says there is broad support to make sure true pedophiles are on a publicly-accessible registry, but he says concerns remain about including everyone who has ever committed a sex crime.

Omaha.com : Sex offender law faces ruling

(See previous post: Nebraska Sex Offender Law Federal Court Challenges.)

A federal judge probably will block parts of Nebraska’s new sex offender law from taking effect Jan. 1, 2010. U.S. District Court Judge Richard Kopf said he won’t issue a ruling until next week. But he indicated at a hearing Wednesday that he was inclined to bar enforcement of two provisions in the law.

One would require registered sex offenders to consent to searches of their computers or other electronic devices. Refusal to consent would be a felony under the law. The other provision would bar people who have committed offenses against children from using social networking Web sites such as Facebook or MySpace. The provision applies to sites open to children under age 18.

Kopf said he was inclined to let stand other portions of the law, including a requirement to make public the names of all sex offenders.
The state currently makes public only the names of offenders judged to be at high risk to reoffend. Names of those at moderate risk are disclosed to schools, day care centers and religious and youth organizations.

Kopf will consider whether to block a requirement that offenders let authorities install software on their computers and other electronic devices to monitor their Internet use.

A group of 20 convicted sex offenders, along with 11 family members or employers, filed a lawsuit last week asking for an injuction against the new law. The plaintiffs in the suit were identified only as John or Jane Does.

The suit was filed by Omaha lawyer Stu Dornan, a former Douglas County attorney. At the hearing, Dornan argued that the new law is punitive and would unconstitutionally interfere with his clients’ right to work, travel and raise families.
“This bill is designed to pile on penalties of a criminal nature,” he said.

Dornan pointed to the provisions making public all sex offender names and requiring offenders to register in person with authorities before spending more than three days in any one place.

In his argument, David Cookson, Nebraska’s chief deputy attorney general, said it probably would be unconstitutional to require that offenders consent to searches.

As the old year passes, and with it the old decade, those of us who believe in Justice for LGBTQ people have memories to preserve, work to do, thanks to express, and hope to rekindle.  The Unfinished Lives Project was conceived as a visual and verbal resource for the public to use in the on-going struggle for freedom from violence and fear that Lesbian, Gay, Bisexual, Transgender, and Queer folk face every day in the United States.  WordPress tallies show that as of this writing nearly 44,000 have visited this site since its first posting in June 2008: to educate themselves about the slow-rolling holocaust facing members of the sexual minority, to bring the stories of so many casualties of homophobia and heterosexism to light who would otherwise be forgotten, and to steel themselves for the long, difficult, painful work of changing the culture of violence against the different in which we must live.  While countless hours of writing and research have gone into creating and maintaining this web site, that is nothing compared to the stress and loss faced by so many families and loved ones who have experienced the horrors of hate crime murder during these years.  The backstory of this blog has been and continues to be the awe-inspiring courage of the bereaved mothers, fathers, lovers and friends who have been thrust into the harsh glare of activism on behalf of the LGBTQ community because they refuse to allow their loved ones to have died in vain.  We owe them, and you, Dear Reader, our thanks and our continuing labor until Justice comes.  It is to that end we at the Unfinished Lives Project keep telling these grim stories of real people who suffer in America for no other “crime” than being who they are.  The past decade, especially the past year, has seen substantive change–not enough, nor comprehensive enough, to be sure–but real change nonetheless.  Cultural, political, and religious attitudes toward LGBTQ people are changing in this country.  The passage of the James Byrd, Jr. and Matthew Shepard Hate Crimes Prevention Act, the first comprehensive hate crimes law in federal history, is now law.  Convictions under state and federal hate crimes statutes, something conservative law makers and law enforcement officers said would never happen, are occurring already in bellweather states like Colorado and New York.   This trend will no doubt continue as the New Year dawns.  The infamous “gay panic” defense, and its evil twin, the “trans panic” defense are increasingly discredited and ineffective in American courts of law. Religious attitudes have thawed slightly, but the progress is real, if spotty.  Religion and Faith offices and activism, once thought to be the “third rail” of human rights politics, have been established in all the major advocacy organizations that lobby for change.  LGBTQ lives and practices are no longer viewed as criminal by the religious leaders of conscience in the United States, and tolerance toward queer folk in congregational life and leadership is on the rise: the Episcopal Church, the Alliance of Baptists, the United Church of Christ, and the Evangelical Lutheran Church of America are cases in point.  Homophobia in churches, synagogues, mosques and schools is not going unchallenged in American daily life, and that is encouraging.  ENDA, DADT, and many other legislative initiatives are on the horizon for the new decade.  Marriage Equality, which heretofore has been fought for state-by-state (often attended by an alarming hike in anti-LGBT hate crime violence where the issue is most hotly contested), and now advocates are re-evaluating the tactics and strategies of equality.  There is nothing magic about the passage of the Shepard Act.  Every day, in every region of the nation, LGBTQ people and those mistakenly assumed to be like us, are suffering violence and death, and from our researches at the Unfinished Lives Project, these statistics are increasing alarmingly.  One more life lost is one too many.  Fear is no way to live in the Land of the Free.  So, we who believe in Justice will greet the New Year with resolve.  An African American spiritual lyric testifies, “We Ain’t in No Wise Tired,” and that is providential.  We cannot rest until Justice comes.  And, we are glad to be in the fight for true “peace on earth, goodwill to all,” with you.

Sec. 1010. (a) Extension of Eligibility Period.—Subsection (a)(3)(A) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended by striking “December 31, 2009″ and inserting “February 28, 2010″.

(b) Extension of Maximum Duration of Assistance.—Subsection (a)(2)(A)(ii)(I) of such section is amended by striking “9 months” and inserting “15 months”.

(c) Rules Related to 2009 Extension.—Subsection (a) of such section is further amended by adding at the end the following:

“(16) Rules Related to 2009 Extension.—

“(A) Election to pay Premiums Retroactively and Maintain COBRA Coverage.—In the case of any premium for a period of coverage during an assistance eligible individual’s transition period, such individual shall be treated for purposes of any COBRA continuation provision as having timely paid the amount of such premium if—

“(i) such individual was covered under the COBRA continuation coverage to which such premium relates for the period of coverage immediately preceding such transition period, and

“(ii) such individual pays, not later than 60 days after the date of the enactment of this paragraph (or, if later, 30 days after the date of provision of the notification required under subparagraph (D)(ii)), the amount of such premium, after the application of paragraph (1)(A).

“(B) Refunds and Credits for Retroactive Premium Assistance Eligibility.—In the case of an assistance eligible individual who pays, with respect to any period of COBRA continuation coverage during such individual’s transition period, the premium amount for such coverage without regard to paragraph (1)(A), rules similar to the rules of paragraph (12)(E) shall apply.

“(C) Transition Period.—

“(i) In General.—For purposes of this paragraph, the term ‘transition period’ means, with respect to any assistance eligible individual, any period of coverage if—

“(I) such period begins before the date of the enactment of this paragraph, and

“(II) paragraph (1)(A) applies to such period by reason of the amendment made by section 1010(b) of the Department of Defense Appropriations Act, 2010.

“(ii) Construction.—Any period during the period described in subclauses (I) and (II) of clause (i) for which the applicable premium has been paid pursuant to subparagraph (A) shall be treated as a period of coverage referred to in such paragraph, irrespective of any failure to timely pay the applicable premium (other than pursuant to subparagraph (A)) for such period.

“(D) Notification.—

“(i) In General.—In the case of an individual who was an assistance eligible individual at any time on or after October 31, 2009, or experiences a qualifying event (consisting of termination of employment) relating to COBRA continuation coverage on or after such date, the administrator of the group health plan (or other entity) involved shall provide an additional notification with information regarding the amendments made by section 1010 of the Department of Defense Appropriations Act, 2010, within 60 days after the date of the enactment of such Act or, in the case of a qualifying event occurring after such date of enactment, consistent with the timing of notifications under paragraph (7)(A).

“(ii) To Individuals Who Lost Assistance.—In the case of an assistance eligible individual described in subparagraph (A)(i) who did not timely pay the premium for any period of coverage during such individual’s transition period or paid the premium for such period without regard to paragraph (1)(A), the administrator of the group health plan (or other entity) involved shall provide to such individual, within the first 60 days of such individual’s transition period, an additional notification with information regarding the amendments made by section 1010 of the Department of Defense Appropriations Act, 2010, including information on the ability under subparagraph (A) to make retroactive premium payments with respect to the transition period of the individual in order to maintain COBRA continuation coverage.

“(iii) Application of Rules.—Rules similar to the rules of paragraph (7) shall apply with respect to notifications under this subparagraph”.

(d) Clarification that Eligibility and Notice is Based on Timing of Qualifying Event.—Subsection (a) of such section is amended—

(1) in paragraph (3)(A)—

(A) by striking “at any time” and inserting “such qualified beneficiary is eligible for COBRA continuation coverage related to a qualifying event occurring”; and

(B) by striking “, such qualified beneficiary is eligible for COBRA continuation coverage”; and

(2) in paragraph (7)(A), by striking “become entitled to elect COBRA continuation coverage” and inserting “have a qualifying event relating to COBRA continuation coverage”.

(e) Effective Date.—The amendments made by this section shall take effect as if included in the provisions of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 to which they relate.

(f) Emergency Designations.—

(1) In General.—Amounts in this section are designated as emergency requirements and necessary to meet emergency needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

(2) PAYGO.—All applicable provisions in this section are designated as an emergency for purposes of pay-as-you-go principles.

U.S. Department of Labor Employee Benefits Security Administration December 23 2009

The American Recovery and Reinvestment Act of 2009 (ARRA), as amended on December 19, 2009 by the Department of Defense Appropriations Act, 2010 (2010 DOD Act) provides for premium reductions for health benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985, commonly called COBRA. Eligible individuals pay only 35 percent of their COBRA premiums and the remaining 65 percent is reimbursed to the coverage provider through a tax credit. To qualify, individuals must experience a COBRA qualifying event that is the involuntary termination of a covered employee’s employment. The involuntary termination must occur during the period that began September 1, 2008 and ends on February 28, 2010. The premium reduction applies to periods of health coverage that began on or after February 17, 2009 and lasts for up to 15 months.

What is COBRA?

COBRA gives workers and their families who lose their health benefits the right to purchase group health coverage provided by the plan under certain circumstances.

If the employer continues to offer a group health plan, the employee and his/her family can retain their group health coverage for up to 18 months by paying group rates. The COBRA premium may be higher than what the individual was paying while employed but generally the cost is lower than that for private, individual health insurance coverage.

The plan administrator must notify affected employees of their right to elect COBRA. The employee and his/her family each have 60 days to elect the COBRA coverage; otherwise, they lose all rights to COBRA benefits.

COBRA generally does not apply to plans sponsored by employers with fewer than 20 employees. Many States have similar requirements for insurance companies that provide coverage to small employers. The premium reduction is available for insurers covered by these State laws.

Changes Regarding COBRA Continuation Coverage Under ARRA, as amended by the 2010 DOD Act

The 2010 DOD Act extended the COBRA premium reduction eligibility period for two months until February 28, 2010 and increased the maximum period for receiving the subsidy for an additional six months (from nine to 15 months).

In addition, individuals who had reached the end of the reduced premium period before the legislation extended it to 15 months will have an extension of their grace period to pay the reduced premium. To continue their coverage they must pay the 35 percent of premium costs by February 17, 2010, or, if later, 30 days after notice of the extension is provided by their plan administrator.

Individuals who lost their subsidy and paid the full 100 percent premium in December 2009 should contact their plan administrator or employer sponsoring the plan to discuss a credit for future months of coverage or a reimbursement of the overpayment.

Eligibility for the Premium Reduction: The premium reduction for COBRA continuation coverage is available to “assistance eligible individuals”.

An “assistance eligible individual” is the employee or a member of his/her family who:

• has a qualifying event for continuation coverage under COBRA or a State law that provides comparable continuation coverage (for example, so-called “mini-COBRA” laws) that is the employee’s involuntary termination at any point from September 1, 2008 through February 28, 2010; and
• elects COBRA coverage timely.

Those who are eligible for other group health coverage (such as a spouse’s plan) or Medicare are not eligible for the premium reduction. There is no premium reduction for premiums paid for periods of coverage that began prior to February 17, 2009.

Assistance eligible individuals who pay 35 percent of their COBRA premium are treated as having paid the full amount. The premium reduction (65 percent of the full premium) is reimbursable to the employer, insurer or health plan as a credit against certain employment taxes.

Period of Coverage

The premium reduction applies to periods of coverage beginning on or after February 17, 2009. A period of coverage is a month or shorter period for which the plan charges a COBRA premium. The premium reduction for an individual ends upon eligibility for other group coverage (or Medicare), after 15 months of the reduction, or when the maximum period of COBRA coverage ends, whichever occurs first. Individuals paying reduced COBRA premiums must inform their plans if they become eligible for coverage under another group health plan or Medicare.

Notice Requirements

ARRA, as amended, mandates the provision of certain notices. As part of the COBRA election notice, plan administrators must provide information about the premium reduction to all individuals who have COBRA qualifying events from September 1, 2008 through February 28, 2010.

Plan administrators must also provide notice about the changes made to the premium reduction provisions of ARRA by the 2010 DOD Act to individuals who have already been provided a COBRA election notice (unless the election notice included the updated premium reduction information).

• Individuals who are “assistance eligible individuals” must be provided this notice by February 17, 2010;
• Individuals who experience a termination of employment on or after October 31, 2009 and lose health coverage must be provided this notice within the normal timeframes for providing continuation coverage notices; and
• Individuals who are in a “transition period” (a period that begins immediately after the end of the nine months of premium reduction in effect under ARRA before the amendments made by the 2010 DOD Act, as long as those nine months ended before December 19, 2009 and the premium reduction provisions of the 2010 DOD Act would apply due to the extension from nine to 15 months) must be provided this notice within 60 days of the first day of the transition period.

Expedited Review of Denials of Premium Reduction: Individuals who are denied treatment as assistance eligible individuals and thus are denied eligibility for the premium reduction (whether by their plan, employer or insurer) may request an expedited review of the denial by the U.S. Department of Labor. The Department must make a determination within 15 business days of receipt of a completed request for review. The official application form is available at www.dol.gov/COBRA and can be filed online or submitted by fax or mail.

Switching Benefit Options: If an employer offers additional coverage options to active employees, the employer may (but is not required to) allow assistance eligible individuals to switch the coverage options they had when they became eligible for COBRA. To retain eligibility for the ARRA premium reduction, the different coverage must have the same or lower premiums as the individual’s original coverage. The different coverage cannot be coverage that provides only dental, vision, a health flexible spending account, or coverage for treatment that is furnished in an on-site facility maintained by the employer.

Income limits: If an individual’s modified adjusted gross income for the tax year in which the premium assistance is received exceeds $145,000 (or $290,000 for joint filers), then the amount of the premium reduction during the tax year must be repaid. For taxpayers with adjusted gross income between $125,000 and $145,000 (or $250,000 and $290,000 for joint filers), the amount of the premium reduction that must be repaid is reduced proportionately. Individuals may permanently waive the right to premium reduction but may not later obtain the premium reduction if their adjusted gross incomes end up below the limits. If you think that your income may exceed the amounts above, consult your tax preparer or contact the IRS at www.irs.gov.

This fact sheet has been developed by the U.S. Department of Labor, Employee Benefits Security Administration, Washington, DC 20210. It will be made available in alternate formats upon request: Voice phone: 202.693.8664; TTY: 202.501.3911. In addition, the information in this fact sheet constitutes a small entity compliance guide for purposes of the Small Business Regulatory Enforcement Fairness Act of 1996.

Family Caregiver Alliance article on trends in caregiver legislation from 2007 to 2008.

Rep. Ron Paul’s attempt to rein in central bank is finally close to passing — just don’t expect him to vote for it

The stakes are high.

You’re compelled to “get in front of the situation,” but caution rules. The wrong call could cause an unwanted outcome. Though your competitive nature is in direct conflict with your pragmatism, you know – much like a good poker player knows – you must keep your “hand” close to the vest. Uninformed people are quick to judge, so you don’t allow their noise to define your strategy. Media claims you’re unwilling to fight for what you believe in. Like all of us, media is on the outside looking in and has very little real knowledge of how the “battle” is being waged. Contrary to what they tells us, and the overflow of “advice” so freely offered to you, they’re clueless.

You’re up against private sector interests that funnel millions of dollars into legislators’ campaigns to keep their profits high, while burdening our citizens with insurmountable costs thus reducing the quality of their lives.

Therefore, quitting is not an option.

You were elevated by millions who believed your words, saw your passion and trusted your wisdom. As a student of history, you anticipated many would become impatient and turn on you. I imagine you’ve said to yourself on more than one occasion, “It’s remarkable how much people expect in such a short period of time.”

Unlike other contests, your work didn’t begin until after the scrimmage was over and everyone went back to their normal routines. Now, far less engaged, watching from the sidelines, people expect things to move as fast as they did when they were in the game.

They believe they’re entitled to all that you promised, right here, right now, ignoring the obvious: major change takes patience and time.

Contrary to the words of your detractors, your accomplishments thus far are significant: The Lilly Ledbetter Fair Pay Restoration Act (Equal Pay for Women), State Children’s Health Insurance Program, 3.4% Raise for Military and Increase in Jobless Benefits, American Recovery and Reinvestment Act, Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, Cash for Clunkers Program, 9-11 National Day of Service and Remembrance, Franken Anti-Rape Amendment (part of the Defense Appropriations Act of 2010), to name a few.

In addition, there are other achievements that have barely been reported on Electronic Medical Records Infrastructure,  Communications, Transportation, Education, Re-organization of the Auto Industry, Aid Commitment to Pakistan (with help from Japan), Anti-Gang and Anti-Gun Task Forces in Major Cities and Forest Conservation.

What you have in the works is very extensive. 

With all the slicing and dicing on every syllable of the current healthcare legislation, it is easy to ignore the magnitude of this endeavor. The whining from both sides of the aisle – which is good for the process – and the lame-brained, idiotic blather coming from Pundit World – which does nothing for the process – tramples the fact that you are closer to achieving major, sweeping social change, than any President since Franklin Roosevelt – in your first year.

As a Constitutional Scholar and former Harvard Law Review President, you know the amendments removed from this current version of the legislation – the ones causing supporters’ churn – can be introduced in subsequent bills and passed in reconciliation, after this bill is law. This would not only be more expedient, but would give political cover to those in your party who opposed these amendments when they were first introduced. Needing only 50 votes and Vice President Biden’s tie-breaking vote, those opposed could vote against the legislation, it would still pass, and everyone would be appeased. You also know announcing this strategy publically would shut down this historic legislation for at least another decade, thereby defining yours as a failed Presidency.

So why do people think you don’t get it? Why do they think you don’t know how to fight? Why do they think every “battle” has to be waged in front of a camera?

Your “No Drama Obama” calm exterior fools people into believing all of the above – none of which is true.

Why don’t those who said they trust you, trust you?

In last year’s campaign, a Clinton supporter told your wife, “Hillary will win the primary and the election because Barack doesn’t have what it takes to beat the Clintons.”

“You underestimate him at your peril,” replied Michelle.

She would know.

Sincerely,

www.MichaelKontras.com

This entire issue is “unconstitutional”. First of all, there should be no way your constitutional rights fly away into the sky the minute you board a plane. Did my readers know that? Yea, you are under federal law, and the captain of the plane gets to decide what you can and cannot do. Wonderful huh?

From The AP;

WASHINGTON — The Obama administration took aim Monday at tarmac horror stories, ordering airlines to let passengers stuck in stranded airplanes get off the plane after three hours.

With its new regulations, the Transportation Department sent an unequivocal message on the eve of the busy holiday travel season: Don’t hold travelers hostage to delayed flights.

“Airline passengers have rights, and these new rules will require airlines to live up to their obligation to treat their customers fairly,” Transportation Secretary Ray LaHood said in a statement.

Under the new regulations, airlines would be fined $27,500 per passenger for each violation of the three-hour limit, LaHood said.

The Air Transport Association, a trade group that represents U.S. airlines, said in a statement that carriers would comply with the new rule even though the group contends it will lead to canceled flights and greater passenger inconvenience.

If I want to get off the plane, I should be able to get off the plane. The Transportation Dept. is unconstitutional, therefore anything they mandate is unconstitutional. We want our country back!!!!
Technorati Tags: news, politics, airline passengers, Ray LaHood, transportaion deptartment, President Obama

courier-journal.com : Sex-offender case appealed to U.S. Supreme Court.

Kentucky Attorney General Jack Conway is asking the U.S. Supreme Court to decide whether the state’s restrictions for sex offenders can be applied retroactively to as many as 5,800 people convicted before the limits went into effect in 2006. The 2006 statute made it illegal for registered sex offenders to live within 1,000 feet of a high school, middle school, elementary school, preschool, public playground or licensed day care.

The Kentucky Supreme Court in October ruled 5-2 that the statute was improperly imposed on people convicted before the law went into effect because both the U.S. and Kentucky constitutions prohibit laws that impose or increase punishment on criminal acts committed before the law’s enactment.

In a prepared statement, Conway is seeking the Democratic nomination for U.S. Senate (In other words, he is doing this political pandering to appear tough on sex offenders).

Conway’s office on Wednesday filed a petition asking the U.S. Supreme Court to hear the case. The court receives about 10,000 requests a year to review cases and decides only about 80. But the question of the retroactive application of sex offender laws has arisen in several states, making it more likely that the high court will accept the case.

Conway’s office has previously indicated it would appeal. It had asked the state Supreme Court to stay its ruling, but that request was denied. The 2006 statute subjected all convicted sex offenders to the residency requirements, while the old law applied only to about 1,200 offenders who were on probation or parole.

Experts said research has shown that sex-offender registries and residency restrictions don’t deter future crimes. And some criminal justice officials said makes it so difficult for some offenders to find a place to live that they stop reporting their addresses to authorities.

In an unsigned opinion, the Kentucky Supreme Court’s majority questioned the rationale of the restrictions, noting that they bar sex offenders from sleeping near a school at night, “when children are not present,” but allow them there during the day, when children are there.

The petition filed by Conway’s office said that the U.S. Supreme Court has never considered whether the retroactive application of a statute imposing a residency restriction on registered sex offenders constitutes punishment prohibited by the ex post facto clause.
The attorney general’s office contends that the new requirements are not a punishment and are thus not covered under that clause.
It notes that a federal appeals court agreed with that view in affirming the retroactive application of Iowa’s sex offender law.

We urge readers to contact this idiot to make their voices heard, especially those in Kentucky:
Tel: 502-696-5300; Fax 502-564-2894
Office of the Attorney General
Capitol Suite 118
700 Capitol Avenue
Frankfort, Kentucky 40601-3449

This morning, in a stirring piece of stagecraft, the Senate held their long anticipated Christmas Eve vote, passing the health care bill, 60-39.  Republicans had blustered and postponed, threatening to stall defeat as long as they could.  But facing the prospect of a late night vote, they relented and settled for the 7AM finale instead.  Republicans, it seems, wanted to stop the reform package, but not as badly as they wanted to start their vacation. 

And so, Pelosi and Reid and Obama – after much controversy from both right and left – have mustered all their resources to capture a long-cherished Democratic dream, muscling through the most culturally significant piece of domestic legislation since the Johnson administration.

And like the entire process, this morning’s vote was fraught with emotion and drama.  According to the NY Times:

When the roll was called at 7:05 a.m. on Thursday, it was a solemn moment. Senators called out “aye” or “no.” Senator Robert C. Byrd, the 92-year-old Democrat from West Virginia, deviated slightly from the protocol.

“This is for my friend Ted Kennedy,” Mr. Byrd said. “Aye!”

Despite his iconic liberal status in the Senate, Kennedy was a savvy compromiser.  He would have voted for this bill, would have tirelessly supported it.  It’s easy to imagine he’s smiling down from heaven this morning.

Read full coverage of the Senate victory here, here and here.