Archive for the ‘Member news, Quotes, Useful Sites’ Category

Steve Horner column for week of June 10

Saturday, June 10th, 2006

LawReader Political columnist Judge Steve Horner provides detailed roundup of Kentucky political events for the preceding week.  Quote of the week from a Louisville Republican leader, “Can you fall out of a hole?”  To read column go to: STEVE HORNER COLUMN – POLITICS IN KY.

 

Horner topics this week include include:

Lambert Replaces Hart; Fletcher Arraigned in Absentia

Beverage Arraigned

Fletcher Names Rudolph as Running-Mate at State Republican Meeting
Pence Resigns as Justice Secretary

“Noodling? Speech Writer Hall Gets Canned

Fletcher-Rudolph Must Return Fletcher-Pence Contributions  “Can you fall out of a hole??                        

Fletcher Hoping to Establish Legal Defense Fund

More Comments About Fletcher Situation

Roberts Will Resign and Run for State Attorney-General

Newspaper Editorial Comments

Newspaper Columnists’ Comments

Mentos Explosion – Soda Bottle Eruption – Great 4th. of July trick

Friday, June 9th, 2006

This party trick has nothing to do with the law, except the laws of physics, but it is a neat trick for those times when you need something to amaze the kids.

Mentos + Pop = Fun Words cannot begin to describe the awesome eruption that is created from adding Mentos candies to a 2-liter bottle of soda. The eruption is enormous… and so is the learning if you consider the chemistry. 

Materials: 
A roll or box of Mentos (candy mints) and a 2-liter bottle of diet soda. Either diet or regular soda will work for this experiment, but diet soda is less sticky when you’re cleaning it up! 
Video – Mentos Eruption – 18 Foot Record
Video – The Perfect Mentos Eruption
Experiment: 
This activity is probably best done outside in the middle of an abandoned field, or better yet, on a huge lawn. 

Carefully open the bottle of soda. Position the bottle on the ground so that it will not tip over. 

Unwrap the whole roll of Mentos. The goal is to drop all of the Mentos into the bottle of soda at the same time (which is trickier than it looks). One method for doing this is to roll a piece of paper into a tube just big enough to hold the loose Mentos. You’ll want to be able to position the tube directly over the mouth of the bottle so that all of the candies drop into the bottle at the same time. 

Don’t drop them into the bottle just yet! Warn the spectators to stand back. Okay, you’re going to drop all of the Mentos into the bottle at the same time and then get truckin’ (move out of the way… so long… bye- bye… hasta la vista!) 

It’s just like fireworks on the 4th of July. The spectators erupt, of course, in a chorus of ooohs and ahhhs. Someone yells out, “Do it again” and you do. 

Results: 
Here’s the question of the day… Why do Mentos mixed with soda produce this incredible eruption? You should know that there is considerable debate over how and why this works. While we offer the most probable explanations below, we also understand and admit that other explanation could be possible… and we welcome your thoughts.
As you probably know, soda pop is basically sugar (or diet sweetener), flavoring, water and preservatives. The thing that makes soda bubbly is invisible carbon dioxide gas, which is pumped into bottles at the bottling factory using tons of pressure. Until you open the bottle and pour a glass of soda, the gas mostly stays suspended in the liquid and cannot expand to form more bubbles, which gases naturally do. But there’s more…

If you shake the bottle and then open it, the gas is released from the protective hold of the water molecules and escapes with a whoosh, taking some of the soda along with it. What other ways can you cause the gas to escape? Just drop something into a glass of soda and notice how bubbles immediately form on the surface of the object. For example, adding salt to soda causes it to foam up because thousands of little bubbles form on the surface of each grain of salt.

Many scientists, including Lee Marek, claim that the Mentos phenomenon is a physical reaction, not a chemical one. Water molecules strongly attract each other, linking together to form a tight mesh around each bubble of carbon dioxide gas in the soda. In order to form a new bubble, or even to expand a bubble that has already formed, water molecules must push away from each other. It takes extra energy to break this “surface tension.” In other words, water “resists” the expansion of bubbles in the soda.

When you drop the Mentos into the soda, the gelatin and gum arabic from the dissolving candy break the surface tension. This disrupts the water mesh, so that it takes less work to expand and form new bubbles. Each Mentos candy has thousands of tiny pits all over the surface. These tiny pits are called nucleation sites – perfect places for carbon dioxide bubbles to form. As soon as the Mentos hit the soda, bubbles form all over the surface of the candy. Couple this with the fact that the Mentos candies are heavy and sink to the bottom of the bottle and you’ve got a double-whammy. When all this gas is released, it literally pushes all of the liquid up and out of the bottle in an incredible soda blast. You can see a similar effect when cooking potatoes or pasta are lowered into a pot of boiling water. The water will sometimes boil over because organic materials that leach out of the cooking potatoes or pasta disrupt the tight mesh of water molecules at the surface of the water, making it easier for bubbles and foam to form.

When a scoop of ice cream is added to root beer, the “float” foams over for essentially the same reason. The surface tension of the root beer is lowered by gums and proteins from the melting ice cream, and the CO2 bubbles expand and release easily, creating a beautiful foam on top

Next question… Why should you use diet Coke or diet Pepsi? The simple answer is that diet soda just works better than regular soda. Some people speculate that it has something to do with the artifical sweetner, but the verdict is still out. More importantly, diet soda does not leave a sticky mess to have to clean up. Hey, that’s important.

What’s the record for the biggest Mentos fountain? My official record is a 18 foot blast that shot up and almost took out a half million dollar, high-definition television camera. You’ll find video on-line at www.SteveSpanglerScience.com of some of our favorite eruptions.

On a personal note… I’ve performed this demonstration well over a thousand times – on television, talk shows, science conventions, teacher associations, for CEO’s at huge motivational speaking rallies, for Nobel Prize winners and anyone else who might watch. And the reaction is always the same… that’s amazing! My thanks to Lee Marek who originally shared the Mentos idea with me and to the hundreds of teachers and science enthusiasts who continue to share their funny pictures, videos and experiences.

 

A Chandler Abramson ticket for dems in 2007?

Wednesday, June 7th, 2006

www.Bluegrassreport.org, a blog that focuses on democratic politics in Kentucky has posted a story that suggests Congressman Ben Chandler and Louisville Mayor Jerry Abramson had a meeting this week in Washington and discussed the 2007 Governor’s race.  Under the suggested pairing, Chandler would run as the candidate for Governor with Abramson filling the Lt. Governor’s slot.

Update:

The Chandler-Abramson “talks” reportedly  began  at the end of May.  The assumption that Abramson would never play “second fiddle” to anyone is overcome because he wants to be Gov above everything else but realizes it is impossible that he could be elected as Harvey Sloane so attempted unsuccessfully twice.  Thus, he would follow the Clements-Wetherby model begun when they were elected in ’47 with Wetherby succeeding to the governorship when Clements was elected to the US Senate in ’50 and Wetherby becoming the only Jeff Co Gov in state history.  As the sitting Gov in ’51, Wetherby then was elected to his own four-year term.  Again, this is the model   Abramson would adhere to with Chandler then running against Bunning in ’10, running for the open seat if Bunning retires

LawReader User Mickey McGuire Dances His Way to World Title

Wednesday, June 7th, 2006

LawReader User Mickey McGuire of Prestonsburg, (and his dance partner) Jessica Bryant of Louisville were named world champions by the United Country Western Dance Council in January.
AT 57, PRESTONSBURG LAWYER SURPRISES EVEN HIMSELF –  It has taken only about a year to perfect this partnership, but it is one in which the duo are so in tune with each other, no words need be spoken.
That’s probably a good thing because who wants to share the dance floor with a couple of Chatty Cathys?
Then again, who wants to share the dance floor with a couple of world champs?
That’s what happens any time Prestonsburg lawyer Mickey McGuire and Louisville real estate agent Jessica Bryant trip the light fantastic.
Fair warning: Anyone who isn’t an equal terpsichorean heavyweight had better sit the next one out.
It took five dances, elaborate costumes and a lot of calluses for the couple to be named World Crystal Champions by the United Country Western Dance Council in January, when they competed against dancers from Europe and England at the international competition outside Stockholm.
Competitors had to perform five to eight individual and different dances, each lasting two minutes.
Judges gave points for each dance, then added then up to decide the winner. Strategies varied according to the strengths of each team. Some dancers tried to rack up the most points by performing all eight dances. Others believed in keeping their dance card to the bare minimum, focusing precious practice time on the smallest number of steps.
Fortunately or not, the McGuire-Bryant team didn’t have to worry about a strategy.
“We only met last May,” he said, so he and Bryant stuck with the bare minimum of five dances — waltz, cha-cha, swing, nightclub or bolero, and country-western. “We didn’t have any more time,” he said.
Getting to take the gold home takes more than being able to smile while doing the box step or not hyperventilating during the cha-cha. Judges look for poise, connection between partners, costumes and choreography.
“It’s the whole package. They are looking at the entertainment value. Do we draw your attention?” he said. “The two partners should move as one. When my foot hits the floor, hers should be there at the same time. It takes hundreds and hundreds of hours. It is a very competitive sport, no less than tennis and golf, only this is one you do with a partner.”
Enduring such a high-pressure contest was not what McGuire had in mind when he got into ballroom dancing 15 years ago. He thought it would just be fun and a better alternative to going home and falling asleep on the couch in front of the TV.
Yet, in a few years, he grew more adventuresome and started making the four-hour round trip to Charleston, W.Va., every Monday night after work to take even more lessons.
“I loved it,” he said. “I felt invigorated. I felt exhilarated.”
It was this teacher, Lorinda Nease, who taught at her Steppin’ Out Studio, who saw his latent competitive streak and persuaded him to try out in the newcomer division in a contest in Harrisburg, Pa. McGuire took fourth place.
“After that I was hooked,” he said.
Though McGuire might be light on his feet on the dance floor, he’s not a lightweight when it comes to training, approaching his workouts as if he were an Olympics-bound athlete.
At least twice a week he heads for the gym for muscle-pummeling endurance sessions. But it’s his biweekly yoga class that he thinks gives him the edge at age 57.
“I am dancing against such younger people I have to be better than they are. They can be as young as 30, even 19,” he said. “They are fast and flexible and quick. The yoga really keeps the flexibility in my body. Working out in the gym makes my muscles stronger but sometimes stiffer. Yoga will also create strength but elongates them.”
Most weekends McGuire heads to Louisville to train with Bryant for four to six hours at a time to perfect their precision. It’s at the end of those grueling practice sessions that McGuire feels out of step with his own muscles.
“I’ll get out my driver’s license to make sure I’m not 80. I knew I was 57 when I walked in here,” he said.
As hard as he trained for the championship, McGuire was just as sure the pair wouldn’t win after he got a look at the other teams.
“There were couples from Italy and England, and we thought they were awesome, really, really good. We concluded that we were not going to win, thank you very much, judges,” he said.
So instead of hanging around the ballroom watching someone else take the prize, he went sightseeing with his two college-age children. That was fine with his partner.
“She said, ‘You go on and spend time with your children. If we get a T-shirt, I’ll bring it to you,’” he said. “That night as we walked into the hotel, somebody congratulated me. Then someone else, and I thought, ‘Wow, we must have taken third.’”
As he walked into his hotel room, he saw what a misstep in judgment he had made. There in his suite’s sitting room was a table full of first-place trophies.
“I couldn’t believe it. I absolutely couldn’t believe. I was absolutely overwhelmed.”
And then, McGuire did something no world champion dancer ought to do.
“I froze.”
 

Author: Benita Heath
Contributing Culture Writer  Reprinted from Lexington Herald-Leader
 

Eric Deters has written two books to be published at the same time

Tuesday, June 6th, 2006

   LawReader User Eric Deters besides being a highly experienced trial lawyer in Northern Kentucky, is a two time author of books which will be released this winter at your local bookstore.

He has written a book about the Simon Kenton High School explosion and the state basketball championship.  It’s titled “Yesterday, When They Were Young.?  We have heard that this is a very interesting tale.

    He also has written “Saving Grace? with Kentucky Enquirer columnist Patrick Crowley.  This book is about Sarah Brady fighting off and killing Katie Smith who while faking a pregnancy planned on killing Sarah, who really was pregnant, and cutting out her baby from her womb. 

As we recall, Smith had falsely told her friends and family she was pregnant, and lured Sarah Brady to her house on a ruse about some baby gifts belonging to Brady being inadvertently delivered to her.  Brady was just about full term with her pregnancy and when attacked wrestled the knife away from Smith and defended herself and her unborn child, and in the process killed her attacker.  Sounds like it would make a thrilling movie…we nominate Angelina Jolie for the Brady role.

    Congratulations Eric.  We can’t wait to see your books at Barnes and Noble.

Ann Shake will not seek Fletcher appointment to interim seat

Wednesday, May 31st, 2006

Ann Shake is one of the two candidates for the Supreme Court vacancy created by the retirement of Justice Martin Johnstone.  She has announced that she will not seek the interim appointment that will be created when Johnstone steps down sometime before July 1.

The Judicial Nominating Commission will nominate up to three candidates for the vacancy. The Governor will select one of the three nominees to serve until replaced by the winning candidate in this November’s election.

Court of Appeals Judge William McAnulty, Jr., who will oppose Shake in the November election, has said that he would accept the appointment by Fletcher if it is offered to him.  Shake said that she felt it likely that future cases regarding the Merit System investigation and the Governors indictment for three misdemeanors might appear before the court, and she did not want to give the appearance of being beholden to the Governor.  McAnulty said if that occurs he would recuse himself.

It is felt by some that an interim appointment gives the interim Judge a competitive advantage in the general election, but others point out that many interim appointments are not successful at the polls.

Governor Fletcher vetoed a portion of the judicial budget bill that financed the special elections that would be held for an estimated nine vacancies in judicial offices that are expected to exist after July 1.  By his veto, the Governor has created a situation where he will be appointing as many as nine new judges.  His veto will not effect the regularly scheduled Supreme Court elections this November.
  
Some court watchers are suggesting that candidates for the nine judicial vacancies that will be filled by the Governor will be tainted by accepting such appointments.  The Governor’s low poll numbers and pending trial on misdemeanor charges can be expected to become an issue in subsequent elections of any judge who has benefited from accepting an interim appointment.

Lt. Gov. Steve Pence clears path to run for Governor in 2007

Wednesday, May 31st, 2006

Lt. Gov. Steve Pence announced today that he was resigning his position as Justice Cabinet Secretary and that he would not run on Gov. Ernie Fletcher’s ticket as Lt. Governor in the 2007 gubernatorial race.  His resignation will be effective in August.

These are considered the first steps he must take in order to prepare to make a run for the Governor’s chair.  Until now he has made statements that indicated he would remain on Fletcher’s ticket.

Under Ky. election law, the Governor must have a candidate for Lt. Governor to run with him.

Throughout the Merit System investigation Pence has distanced himself from Fletcher, and they have had few public appearances together.
 

Sir Edmund Hillary Rips Climbers Who Left Dying Man

Thursday, May 25th, 2006

WELLINGTON, New Zealand (May 25) – Mount Everest pioneer Sir Edmund Hillary said Wednesday he was shocked that dozens of climbers left a British mountaineer to die during their own attempts on the world’s tallest peak.
David Sharp, 34, died apparently of oxygen deficiency while descending from the summit during a solo climb last week.
More than 40 climbers are thought to have seen him as he lay dying, and almost all continued to the summit without offering assistance.
“Human life is far more important than just getting to the top of a mountain,” Hillary was quoted as saying in an interview with New Zealand Press Association.
New Zealander Mark Inglis, who became the first double amputee to reach the mountain’s summit on prosthetic legs, told Television New Zealand that his party stopped during its May 15 summit push and found Sharp close to death.
A member of the party tried to give Sharp oxygen, and sent out a radio distress call before continuing to the summit, he said.
                                                                                                                                           
  More than 40 climbers are thought to have seen him as he lay dying, and almost all continued to the summit without offering assistance.                                                                         
Several parties reported seeing Sharp in varying states of health and working on his oxygen equipment on the day of his death.
Inglis, who was due to arrive back in New Zealand on Thursday, said Sharp had no oxygen when he was found. He said there was virtually no hope that Sharp could have been carried to safety from his position about 1,000 feet short of the 29,035-foot summit, inside the low-oxygen “death zone” of the mountain straddling the Nepal-China border.
His own party was able to render only limited assistance and had to put the safety of its own members first, Inglis said Wednesday.
“I walked past David but only because there were far more experienced and effective people than myself to help him,” Inglis said. “It was a phenomenally extreme environment; it was an incredibly cold day.”
The temperature was minus 100 at 7 a.m. on the summit, he said.
Hillary and Sherpa Tenzing Norgay in 1953 became the first mountaineers to reach Everest’s summit. Hillary said in an interview published Wednesday in a New Zealand newspaper that some climbers today did not care about the welfare of others.
“There have been a number of occasions when people have been neglected and left to die and I don’t regard this as a correct philosophy,” he told the Otago Daily Times.
“I think the whole attitude toward climbing Mount Everest has become rather horrifying. The people just want to get to the top,” he told the newspaper.
Hillary told New Zealand Press Association he would have abandoned his own pioneering climb to save another’s life.
“It was wrong if there was a man suffering altitude problems and was huddled under a rock, just to lift your hat, say ‘good morning’ and pass on by,” he said.
He said that his expedition, “would never for a moment have left one of the members or a group of members just lie there and die while they plugged on towards the summit.”
Three climbers, from Brazil, Russia and France, died descending Everest in separate expeditions in the past week, a Chinese official said Tuesday.
More than 1,500 climbers have reached the summit of Mount Everest in the last 53 years and some 190 have died trying.
05-25-06 04:12 EDT
Reprinted from AP
Lawreader comment: Have we become so focused on our immediate objective that we have lost sight of life’s mission?

LawReader announces Hall of Shame for bad court decisions

Friday, May 5th, 2006

Court Decisions So Bad They Deserve a Prize 

We appreciate the work of judges and acknowledge that most judges are very good in writing decisions. However, every year there are some decisions that are so far off the mark that one is amazed at the reasoning that was (not) applied to that decision.  Please send us your nominations and we will post the best ones.  Please name the judge and send as much information about the fact situation as possible so we can have our committee evaluate the nominated cases. We will probably not name the judge, but perhaps we can provide an outlet for you to blow off some steam.  We prefer to avoid pending cases.  Perhaps this might just improve the quality of work being handed down.

We can think of several legal opinions handed down over the years by several judges that are so bad they deserve recognition.

In one case the Circuit Court judge ruled that a specific U.S. Sup. Ct. case stood for the proposition that a search was authorized without a warrant…but the decision said absolutely that the search was prohibited under the 4th. Amendment…the judge had cited the case of J.L. v. Florida and left out the words “we do not find?…and changed his citation to “we find?….therefore justifying his reversal of a lower courts suppression ruling of the illegal search.

In another case a District Judge ruled that any peace officer could make a traffic stop in any county in Kentucky..i.e. a Pikeville constable could set up a DUI roadstop on the Watterson Expressway in Louisville..(??) …go figure the reasoning behind that…after about a year this bad decision was finally overruled.

Then there is the errant golf ball ruling where the judge ruled that when a golfer hit an errant shot and the ball left the golf course and caused property damage to a nearby home…that the homeowner was responsible for the damages and the golfer was immune….Theory: The homeowner was negligent for building his home near a golf course.

We also nominate all the decisions of the Court of Appeals that just flat ignore the Administrative Regulations and Statutes applying to the proper operation of the BA machine.  They continue to ignore the requirement for manufacturer’s instructions to be followed, and that the machine must be shown to be in good  operating condition.
The list goes on and on….send us yours…we will either print your name or not…as you request.  But we will post the decisions in our HALL OF SHAME.
 

Are Jody Richards days as House Speaker numbered

Saturday, April 29th, 2006

Mark Nickolas of  www.Bluegrassreport.org  reports that Democratic House Majority Whip Joe Barrows may withdraw from his race for re-election, and that his replacement in House leadership would be Rep. Rob Wilkey. (There are two Democrats in Barrows House race and the Democrats would not be giving up that seat if the other Democrat was elected in lieu of Barrows.)  Wilkey is described in the article as a “strong, progressive voice on leadership who is also articulate and not afraid to stand-up to the bullies.?   This may suggest that an effort by the House Democrats is afoot to replace Speaker of the House Jody Richards.
Richards is felt by some to have been no match for the strong willed Senator David Williams.  Many Democrats felt they were “rolled? on the state budget and Richards claims that Williams assured him there would be no vetos by Fletcher.  Instead of passing the state budget on time, Richards delayed the vote to allow members to go on Spring Break, thereby assuring that there would be no opportunity to consider vetos by the Governor.
 

Here is our chance to laugh back

Monday, April 24th, 2006

Quote from a political ad placed by a candidate for U.S. Congress in the 3rd. Dist. Race in Louisville.  

 

LawReader columnist Steve Horner opines on Willams plot to embarrass Gov. Fletcher

Saturday, April 22nd, 2006

These topics are discussed in Steve Horner’s column on LawReader.com this week:
Fletcher Loses Effort to Block Review of E-mails
Doerting Makes Grand Jury Appearance
Grand Jury Stats
Stumbo Will Not Move to Extend Grand Jury
Fletcher Quits State E-mail; Keeps Campaign BlackBerry
Fletcher Promises to Veto Some Projects   
Williams Implores Cumberland Supporters to Lobby Fletcher
(Comment:  Is Williams Setting Up Fletcher?)
Two Transportation Cabinet Employees Allege Political Bias in Suit
Newspaper Editorial Comments
Newspaper Columnists’ Comments
 

Lawyer Ron to meet Sinister Minister in Derby – Who are you rooting for

Monday, April 17th, 2006

LawReaders pick for the Ky Derby   Lawyer Ron…won the Arkansas Derby this last week…at the same time Sinister Minister won the Bluegrass Stakes…both are respected Derby tests.

We suggest that Lawyer Ron can be imagined to represent the general practice lawyers while Sinister Minister may be thought by some to represent (1) prosecutors (2) civil defense lawyers (3) judges (4) legislators who killed the Law Student scholarship bill (4) make up your own fantasy opponent….

So Lawyer Ron met the evil forces of Sinister Minister on May 6th. Who will win….who should win…send us your thoughts. Tell us who you think should represent Sinister Minister.

LawReader Picks Lawyer Ron as Our Derby Horse

Thursday, April 13th, 2006

   We like Lawyer Ron for the 2006 Kentucky Derby to be run at 5:30 p.m. on May 6th. at Churchill Downs.  We have used jockey’s names, our lucky numbers, and sometimes a method of always betting the second favorite in the odds to show.  There are many other schemes for picking winners (i.e. losers) at the races.
    Lawyer Ron is a chesnut, son of Langfuhr, and has won the Southwest Stakes and Grade III states at Oaklawn.
    In Kentucky it is written somewhere in our citizenship duty list, that we always cry at the playing of My Old Kentucky Home, and we always have a favorite for the Ky. Derby.  This year is no different.
   Lawyer Ron will run in this weeks Arkansas Derby where he is a 7-5 favorite.  The last two winners of the Kentucky Derby have first won the Arkansas Derby.  Perhaps this is a good basis for justifying our selection.  But mainly, we just like the name.

 

 

Undocumented Immigrants can obtain Social Security Benefits

Tuesday, March 28th, 2006

Undocumented Immigrants under current law can obtain social security benefits 
This legal memorandum shows how it is done.

ME M O R A N D U M *
*TO:* Advocates, Attorneys, Benefit Providers, Justice System Personnel,
and other interested persons

***FROM: *Leslye Orloff and Edna Yang, Immigrant Women Program, NOW
Legal Defense and Education Fund

***DATE: *November 17, 2000

***RE*:* *Obtaining Non-Work Social Security Numbers

***Steps to Obtain a Social Security Number for an Undocumented
Immigrant and/or Child*

In order to better serve undocumented battered immigrant women and their
children who are applying for public benefits that they are entitled to
receive, advocates need to understand the process by which an
undocumented immigrant can obtain a non-work social security number
(“SSN”). Advocates are strongly encouraged to accompany their clients to
the Social Security Administration to ensure that their clients are not
denied non-work SSNs by caseworkers who do not fully understand the
process and eligibility requirements involved in issuing non-working SSNs.

A Social Security number may be assigned for a non-work purpose to an
immigrant who cannot provide evidence of immigrant status that allows
them to work under 20 C.F.R. § 422.107(e), if the evidence described in
that paragraph does not exist and if the immigrant resides either in or
outside the US, or a territory of the US/, and a social security number
is required by law as a condition of the alien’s receiving a federally
funded benefit to which the alien has established entitlement./^ (1)
*I. Who Is Eligible for A Non Work Social Security Number (SSN) *

_/*A Non-Work SSN Will Be Processed For Undocumented Immigrants Who Are
Entitled to the Following Public Benefits*/_^_/* */_(2)
:

Ø Temporary Assistance to Needy Families (“TANF”);

Ø Medicaid;

Ø Food Stamps;

Ø Title XVI (SSI) Payments;

Ø Disability insurance (SSDI) and old age survivors insurance (OASDI)
under Title II Benefits;

Ø Benefits for end stage renal disease patients under Title XVIII;

SSN Will /Not/ Be Processed For Undocumented Immigrants Who^ (3)
:

Ø Are ineligible for benefits/payments under Title II (SSDI and OASDI),
Title XVI (SSI), Title XVIII, TANF, Medicaid, and Food Stamps;

Ø Is an SSI ineligible spouse, parent, or child;

Ø Is appointed representative payee for SSDI, OASDI, or SSI beneficiary;

Ø Is eligible only for emergency services under Medicaid, since
emergency Medicaid is open to all immigrants and having a SSN is not a
condition of eligibility for emergency Medicaid;

Ø Alleges a need for a SSN for tax or similar purposes.

*II. Evidence Required for a Working and Non-Working Social Security Number*

Often times, clients feel overwhelmed and unable to gather the required
evidence to obtain their non-work SSN by themselves. It is essential for
advocates to stress to their clients the importance of the evidence as
well as to work with their clients in locating the necessary information
and evidence required to obtain a non-work SSN.

Working Social Security Number

In order to obtain a work authorized social security number, the
Applicant must be 1) A US citizen (US born or foreign-born), or 2) An
immigrant (either US born or foreign-born) authorized to work in the
United States. The applicant must also be able to prove the following:^
(4)

Ø Age, through documents including, but not limited to, a birth
certificate, a religious record showing age or date of birth, a hospital
records or birth, or a passport;^ (5)
Ø Identity, through documents including, but not limited to, driver’s
license, identity card, school record, medical record, marriage records,
passport, or Immigration and Naturalization Service document;^ (6)
Ø US Citizenship */or/*// Work Authorized Lawful Immigrant Status.^ (7)
In order to be authorized to work in the United States, an immigrant
must be one of the following classes of immigrants:^ (8)
Ø An immigrant who is a lawful permanent resident;^ (9)
Ø An immigrant admitted to the United States as a lawful temporary
resident;^ (10)

Ø An immigrant admitted to the United States as a refugee;^ (11)
Ø An immigrant paroled into the United States as a refugee for the
period of time in that status;^ (12)
Ø An immigrant granted asylum under section 208 of the Immigration and
Nationality Act (“the Act”);^ (13)
Ø An immigrant admitted to the United States as a nonimmigrant fiancé or
fiancée, or an immigrant admitted as the child of such immigrant;^ (14)
Ø An immigrant admitted as a parent (N-8) or dependent child (N-9) of an
immigrant granted permanent residence under section 101(a)(27)(I) of the
Act;^ (15)

Ø An immigrant admitted to the United States as a citizen of the
Federated States of Micronesia (CFA/FSM) or of the Marshall Islands
(CFA/MIS);^ (16)

Ø An immigrant granted withholding of deportation;^ (17)
Ø An immigrant who has been granted extended voluntary departure by the
Attorney General as a member of a nationality group pursuant to a
request by the Secretary of State;^ (18)
Ø An immigrant granted Temporary Protected Status;^ (19)
Ø An immigrant granted voluntary departure by the Attorney General under
the Family Unity Program established by section 301 of the Immigration
Act of 1990;^ (20)

Ø Foreign government officials and their employees;^ (21)
Ø A non immigrant student seeking on campus employment, part time off
campus employment or curricular practical training;^ (22)
Ø A representative of an international organization and their personal
employees;^ (23)

Ø An international cultural exchange visitor or an immigrant having a
religions occupation;^ (24)

Ø NATO armed services officers and personnel and their attendants,
servants, and personal employees;^ (25)
It is important for advocates to determine whether their clients fit
into any of the above categories of work authorized immigrant status. If
the client does not fit one of these categories, then she may be
eligible to apply for a non-work SSN.

Non-Working Social Security Number^ (26)
In order to obtain a non-work social security number the applicant must
prove the following^ (27) :

Ø Age, through documents including, but not limited to, a birth
certificate, a religious record showing age or date of birth, a hospital
records or birth, or a passport;^ (28)
Ø Identity, through documents including, but not limited to, driver’s
license, identity card, school record, medical record, marriage records,
passport, or Immigration and Naturalization Service document;^ (29)
Ø A legal requirement for a social security number as a condition of the
applicant receiving a federally funded benefit or service or if the
state government requires a social security number to administer
statutes governing the issuing of driver’s licenses, the registration of
motor vehicles, and the issuance of divorce decrees, child support
orders, paternity actions.^ (30)

*III. Obtaining a SSN for a Child*

The Social Security Administration automatically assigns social security
numbers to children at birth under its Enumeration at Birth (EAB)
Project, /regardless/ of whether or not the parents have a valid social
security number.^ (31) Some
Social Security Administration Staff have been erroneously advising
parents who do not have social security numbers themselves that they
cannot apply for a social security number for their US citizen children.
If your immigrant client is going to have a child, they should be
informed that their child will be assigned a social security number
regardless of whether the your client has one.

The Social Security Administration has instructed its employees that an
identity document and a birth record /must/ be shown when an application
for a SSN is being filed for a child. A birth record alone is /not/
sufficient evidence to establish identity. However, where the applicant
is a child under 7 years of age applying for an original social security
number card and there is no documentary evidence of identity available,
the requirement for evidence of identity will be waived if there is no
reason to doubt the validity of the birth record, the social security
number application, and the existence of the individual. ^(32)
Acceptable identity documents
for children over seven years old are:^ (33)
Ø Driver’s license;

Ø Identity card;

Ø School record;

Ø Medical record;

Ø Marriage record;

Ø Passport;

Ø Immigration and Naturalization Service document, or;

Ø Other similar document serving to identify the individual. The
document should contain the applicant’s signature for comparison with
his or her signature on the application for a social security number.

***IV. Replacement Cards for Undocumented Immigrants*

**Once your client obtains a non-work SSN, you must, as an advocate,
stress that she should keep the card in a safe place and not lose it.
For battered immigrants, the original non-work SSN card must be kept at
the home of a trusted relative or friend or kept for her by her advocate
or attorney. This will ensure that the card will be in a place where the
abuser cannot take it away from her or destroy it. The Social Security
Administration will not issue replacement non-work social security cards
for undocumented immigrants. If your client’s non-work SSN number has
been lost, stolen, or destroyed and she needs evidence of her social
security number for an allowed purpose including payment of a federally
funded benefit, obtaining a driver’s license, or filing for divorce you
should contact the Social Security Administration and provide them with
the name and phone number of the benefits case worker, the court clerk,
or the third party agency who needs to know your client’s social
security number. The Social Security Administrations will then contact
the third party agency and notify them of your client’s social security
number.

^1 Non-work social security numbers are also issued to immigrants if the
state government requires a social security number to administer
statutes governing the issuing of a driver’s licenses and the
registering of motor vehicles. It can also be argued that in
jurisdictions where the courts ask for social security numbers of
parties applying for divorce, child support, paternity, and marriage
licenses non-work social security number should be issued. /See
Memorandum regarding §466(a)(13) of the Social Security Act/. /See also/
POMS RM 00203.510

^2 POMS RM 00203.560(A)(2)

^3 POMS RM 00203.560

^4 POMS RM 00203.001(C)(1), (D)(1), (D)(3)

^5 20 C.F.R. § 422.107(b)

^6 20 C.F.R. § 422.107(c)

^7 20 C.F.R. § 422.107(d)

^8 8 C.F.R. § 274a.12. This list also includes temporary workers or
trainees; information media representatives; exchange visitors;
intra-company transferees; persons having extraordinary ability in the
sciences, arts, education, business, or athletics; athletes, artists,
and entertainers; person engaged in business activities under North
Atlantic Free trade Agreement (“NAFTA”).

^9 8 C.F.R. § 274a.12(a)(1)

^10 8 C.F.R. § 274a.12(a)(2)

^11 8 C.F.R. § 274a.12(a)(3)

^12 8 C.F.R. § 274a.12(a)(4)

^13 8 C.F.R. § 274a.12(a)(5)

^14 8 C.F.R. § 274a.12(a)(6)

^15 8 C.F.R. § 274a.12(a)(7)

^16 8 C.F.R. § 274a.12(a)(8)

^17 8 C.F.R. § 274a.12(a)(10)

^18 8 C.F.R. § 274a.12(a)(11)

^19 8 C.F.R. § 274a.12(a)(12)

^20 8 C.F.R. § 274a.12(a)(13)

^21 8 C.F.R. § 274a.12(b)(1)-(5)

^22 8 C.F.R. § 274a.12(b)(6)(i)-(iii)

^23 8 C.F.R. § 274a.12(b)(7)-(8)

^24 8 C.F.R. § 274a.12(b)(15)-(16)

^25 8 C.F.R. § 274a.12(b)(17)-(18)

^26 All non-work social security numbers state: “not authorized for work
purposes” in bold letters on the face of the card.

^27 POMS RM 00203.001(C)(2), D)(2), (D)(4)

^28 20 C.F.R. § 422.107 (b)

^29 20 C.F.R. § 422.107(c)

^30 20 C.F.R. § 422.107(e). The traditional legal requirements for
non-work SSNs have not included state statutes requiring social security
numbers for the issuance of divorce decrees, child support orders, and
paternity actions. These requirements, however, are a logical extension
of the use of non-work SSNs, because they are located in the same state
statutes, and fulfill the same purpose, as the legal requirement of a
SSN as a prerequisite for driver’s licenses and motor vehicle registration.

^31 EM-00058; POMS RM 00202.142

^32 20 C.F.R. § 422.107 (c)

^33 2
 

Legislature Amends Eminent Domain Law

Saturday, March 25th, 2006

The New Eminent Domain Law is awaiting the signature of the Governor after passing the House and Senate.

HB 508 (BR 1154) – R. Wilkey, J. Barrows, R. Adams, R. Adkins, E. Ballard, C. Belcher, Dw. Butler, L. Clark, R. Damron, C. Embry Jr, D. Floyd, J. Gooch Jr, J. Gray, W. Hall, J. Hoover, D. Keene, G. Lynn, T. McKee, R. Nelson, S. Nunn, D. Osborne, R. Palumbo, D. Pasley, R. Rand, T. Shelton, T. Thompson, M. Weaver, R. Webb, S. Westrom, A. Wuchner

AN ACT relating to eminent domain.
Create a new section of KRS 416.540 to 416.680 to delineate the allowable public uses for eminent domain in the Commonwealth; amend 416.540 relating to eminent domain, to replace the phrase “public purpose” with the phrase “public use”.
HB 508 – AMENDMENTS

SFA (1, E. Harris) – Amend to exempt the acquisition of property financed by state road funds or federal highway funds from the public use requirement for eminent domain.

Feb 3-introduced in House

Feb 6-to Agriculture and Small Business (H)

Feb 8-posting waived

Feb 9-reported favorably, 1st reading, to Calendar

Feb 10-2nd reading, to Rules

Feb 13-posted for passage in the Regular Orders of the Day for Tuesday, February 14,

2006

Feb 14-3rd reading, passed 95-1

Feb 15-received in Senate

Feb 17-to State and Local Government (S)

Mar 8-reported favorably, 1st reading, to Calendar

Mar 9-2nd reading, to Rules

Mar 14-posted for passage in the Regular Orders of the Day for Wednesday, March 15, 2006

Mar 15-passed over and retained in the Orders of the Day; floor amendment (1) filed

Mar 16-3rd reading, passed 37-0 with floor amendment (1) ; received in House; to Rules (H)

Mar 17-posted for passage for concurrence in Senate floor amendment (1) for Monday, March 20, 2006

Mar 20-House concurred in Senate floor amendment (1) ; passed 94-0

EXISTING KRS  416.540
416.540 Definitions.
(1) “Condemn” means to take private property for a public purpose under the right of eminent domain;

(2) “Condemnor” shall mean and include any person, corporation or entity, including the Commonwealth of Kentucky, its agencies and departments, county, municipality and taxing district authorized and empowered by law to exercise the right of eminent domain;

(3) “Condemnee” means the owner of the property interest being taken;

(4) “Court” means the Circuit Court;

(5) “Property” means real or personal property, or both, of any nature or kind that I subject to condemnation;

(6) “Eminent domain” means the right of the Commonwealth to take for a ( public
Purpose) PUBLIC USE
PUBLIC USEand shall include the right of private persons, corporations or business entities to do so under authority of law.

History: Created 1976 Ky. Acts ch. 140, sec. 2.