Jobs Leaving America

The economy is in the pits as millions have lost their jobs due to them being outsourced overseas. We have

very little manufacturing left in America thanks to Congress and now they appear to be helping to send our

“service economy” jobs away. What are we to do to raise our families? Who is responsible? Who keeps

voting to send our jobs away? These are the things we will try to answer on this page. If your Congressman

or Congresswoman votes to send your job away we intend to let you know. If they vote to have your job

endangered by an “endangered species” we will let you know. What can you do? We will let you know. We

can say, you need to become involved now! Contact us to find out how.

Tyco Electronics in Franklin, KY. Jobs lost are 250. The NAFTA layoffs were effective 9-24-04. They have

been moving automated assembly lines to Enpalme, Mexico since November of 2003. To add insult to

injury! They have been bringing up crews of Mexicans to be trained by the replaced American workforce

since October of 2003. Only 3 or 4 individuals have signed contracts to Expats to Mexico for 3-5 years.

__________________________

Hewlett Packard Sending More Jobs Away http://www.theinquirer.net/?article=10932 Specialist server support

jobs to go to India. Their support isn’t noted for much as it is. How can this help it

any?____________________________________________________________

This link, http://www.airsdirectory.com/news/outplacement/ is a list of jobs lost recently. This one is the result of jobs

going to Mexico to feed the people there:

Sunbeam | Manufacturing

Sunbeam, the household manufacturing division of American Household, will close its Hattiesburg, Mississippi plant

by years end and lay off 265 workers. The plant produces plastic parts for humidifiers and coffee makers. Some of

the work will be shifted to Mexico, allowing the laid off workers the option to petition the government for extended

benefits under the 2002 Trade Assistance Act.

Candidates: 265

Hattiesburg American, July 30, 2003 Rexall Sundown | Pharmaceuticals

South Florida Business Journal, August 1, 2003

Another example of our jobs going overseas. The following are due to our sagging economy in the USA: Ruan

Leasing | Transportation

Ruan Leasing, a long-time Des Moines, Iowa truck rental outfit, will downsize its operation due to a soft market. The

company relies on the sale of used trucks for a large part of its business, and prices have fallen by as much as 50

percent over the last three years. About 100 workers will be affected by the layoff.

Candidates: 100

AP, July 30, 2003

Pep Boys | Retail

Pep Boys, the Philadelphia, Pennsylvania-based automotive retail chain,

announced that it was closing 33 stores and downsizing 860 workers. That adds up

to 5 percent of the company’s 629 stores. The cuts include some personnel at the

corporate headquarters.

Candidates: 860

Seattle Daily Journal of Commerce, August 1, 2003

Avaya | Telecommunications

Avaya, the largest U.S. maker of office telephone equipment, is downsizing 500 white collar workers. The Basking

Ridge, NJ-based manufacturer, a spin-off from Lucent Technologies in 2000, is cutting nearly half of its corporate

staff in response to lagging telecom sales in the corporate sector.

Candidates: 500

St. Louis Dispatch, July 25, 2003

Horizon PCS | Telecommunications

Horizon PCS, an outlet chain for Sprint PCS, announced that it was laying off 60

percent of its workforce, or 293 people. In addition, the company closed 19 stores

this week. The company will focus on servicing existing customers, rather than

incur the expenses related to acquiring new accounts. Horizon’s profits have been

adversely affected by being forced to use Sprint’s billing and customer care

services.

Candidates: 293

Chillicothe gazette, July 25, 2003

The following jobs were lost due to company filing bankruptcy: Pillowtex | Textiles

Pillowtex, a Kannapolis, North Carolina textile manufacturer, has filed for bankruptcy and will close all 16 mills and

distribution centers. The company, which employs 8,000 people worldwide, will immediately lay off 6,400 workers.

Pillowtex had previously filed for Chapter 11, emerging in 2000, but continued to have financial difficulties.

Candidates: 6,400

Charlotte Observer, July 31, 2003 _______________________________________

Below are a few jobs that can be verified lost due to GATT.

This site is a Ralph Nader site whom does a very good job of tracking jobs being lost and sent overseas.

www.citizen.org/trade/forms/Taa_action.cfm

Search Results for the NAFTA TAA Database

Return to Search Form

Company City State What They Produced SIC_CODE Claimants

Est. Job

Loss

A.O. Smith Electrical Products Scottsville KY electric motor assemblies 3621 Co.

160

Academy Broadway Pine Knot KY sleeping bags 2399 Co.

100

Accuride Corp. Henderson KY truck wheels and rims 3714 UAW

81

Accuride Corporation Henderson KY steel rims and wheels 3714 Wkrs

35

Alcoa Fujikura Campbellsburg KY wire harnesses 3694 Co.

189

Alcoa Fujikura Ltd Shelbyville KY electrical wiring harnesses 3679 Co.

25

American Bag Stearns KY automobile airbags 3714 Co.

120

American Standard Paintsville KY plumbing and fitting products 3431 USWA

40

Austin Apparel Lascaster KY men’s blue jeans 2325 Co.

95

Austin Apparel Springfield KY men’s blue jeans 2325 Co.

95

Berne Apparel Hardinsburg KY work clothing 2326 Wkrs

140

Celestica Corporation Campton KY

compute printed power

supplies 3674 Co.

170

Clarion Manufacturing Corp. of

America Walton KY car audio equipment 3651 Wkrs

15

Cleveland Twist Drill Company Cynthiana KY twist drills, tool bits, T-blades 3545 Wkrs

10

Collis, Inc. Elizabethtown KY residential refrigerator shelves 3632 Wkrs

121

Cooper Industries Elizabethtown KY

circuit protection products

(fuses) 3613 IUE

200

Corbin, LTD Ashland KY

men’s pants, shorts, jackets,

suit coats 2325 UNITE

20

Dame Manufacturing Greenville KY denim jackets 2329 Co.

200

Dame Manufacturing Dundee KY jeans 2325 Co.

120

Donaldson Company Nicholasville KY gas tubrine filter 3569 Co.

60

Elf Atochem North America Calvert City KY hydroflouric acid 2819 IAM

80

Equitable Resource Energy

Company Hazard KY exploration of natural gass 1311 Co.

Excel Group Murray KY mattel toys 3944 Co.

220

Foothills Apparel Albany KY men’s casual shirts 2321 Co.

110

Fruit of the Loom Jamestown KY men’s and women’s underwave 2322 Wkrs

951

General Electric Owensboro KY motors 3621 Wkrs

285

Genlyte Thomas Group Hopkinsville KY lighting fixtures and trims 3645 IBEW

165

Hart Schaffner & Marx Winchester KY suit jackets 2311 UNITE

141

Henry I. Siegel Hickman KY

men’s & women’s denim jeans

& slacks 2325 Co.

300

Henry I. Siegel Monticello KY men’s and women’s clothing 2325 Wkrs

204

Honeywell Frankfort KY brake valves 3714 Wkrs

20

ILSCO Corporation Mt. Sterling KY electrical connectors 3643 Co.

110

Ilsco Corporation Glasgow KY

copper & aluminum electrical

connectors 3679 Co.

20

Jos J. Pietrafesa Sturgis KY

men and women tailored

clothing 2311 Wkrs

150

Kentuckey West Virginia Gas Co. Prestonsburg KY natural gas 1311 Co.

35

Kentucky Apparel LLP Burkesville KY denim apparel 2325 Wkrs

140

Kentucky Electric Steel Ashland KY flat steel bar 3312 Co.

88

Kentucky Textiles Paris KY swimsuits 2329 Wkrs

100

Key Industries Tompkinsville KY blue jeans and overalls 2325 Wkrs

30

Laurel Street Art Club Inc. Hebron KY art works for furniture retailers 3269 Wkrs

67

Levi Strauss Florence KY denim and dockers 2325 Co.

553

Levi Strauss Hebron KY denim and dockers 2325 Co.

464

Levi Strauss and Co. Hebron KY

jeans and khaki casual dress

pants 2325 Co.

248

Lexmark International Lexington KY computer laser printers 3577 Wkrs

630

Louisville Ladder Group, LLC Louisville KY

aluminum and fiberglass

ladders 3499 Co.

187

M. Fine and Sons Middlesboro KY men’s and boy’s jeans 2325 UNITE

79

M. Fine and Sons Louisville KY men’s and boy’s jeans 2325 UNITE

33

Matsushita Home Appliance Danville KY vacuum cleaners 3635 Wkrs

370

Mattel Murray KY infant toys 3944 Co.

1,200

Moen Providence KY

injection molded plastic

plumbing parts 3088 USWA

29

National Wood Products Glasgow KY wooden brush blocks 2499 Co.

57

Nestaway Beaver Dam KY dishwasher baskets 3496 UAW

100

OBG Manufacturing Distribution

co. Albany KY children’s apparel 2631 UFCW

200

OBG Manufacturing/Distribution

Co. Liberty KY children’s apparel 2631 UFCW

130

OSRAM Sylvania Winchester KY halogen quartz capsules 3827 Wkrs

22

Parker Hannifin Berea KY o-rings and rubber gaskets 3053 Wkrs

114

Parker Seal Berea KY sealing devices 3053 Wkrs

20

Paxar Corporation Liberty KY overprinted labels 2759 Wkrs

26

Phelps Dodge Magnet Wire Hopkinsville KY magnet wire 3357 UAW

99

Plaid Clothing Somerset KY men’s suits 2311 Wkrs

120

Plaid Clothing Erlanger KY men’s suits 2311 Wkrs

5

Plaid Clothing Somerset KY men’s suits, jackets and pants 2311 Co.

150

Plaid Clothing Erlander KY men’s suits and sport coats 2311 Co.

35

Process Manufacturing Richmond KY automotive metal stampings 3469 Wkrs

100

Red Kap Industries Tompkinsville KY uniforms 2326 Wkrs

185

Reynolds Metals Co. Louisville KY aluminum container products 3365 ABGW

14

Screw Machine Technologies Georgetown KY scew machine parts 3451 Co.

25

Sights Denim Systems Hendeson KY denim garments 2339 Co.

80

Square D Company Lexington KY load centers and switches 3679 IBEW

64

Sumitomo Electric Wiring Edmonton KY electric wiring harness 3714 Co.

162

Superior Essex Elizabethtown KY copper telephone wire 3357 Wkrs

192

TechnoTrim Maysville KY automobile seat covers 2399 Co.

223

Texas Instruments Versailles KY pressure controls 3823 Co.

452

Thompson Steel Pipe Co. Princeton KY propane tanks 3443 USWA

111

Tyco Electronics Marion KY

electrical relays & circuit

breakers 3613 Wkrs

361

Tyco Electronics Georgetwon KY wiring harnesses and cable 3492 Wkrs

220

Universal Uniforms Louisville KY

chemical treatment for

garments 2325 Wkrs

40

VF Imagewear (West) Russellville KY

industrial work pants, jackets

& vests 2326 Co.

375

VF Imagewear (West) Lewisburg KY

industrial work pants, jackets

& vests 2326 Co.

172

W.F. Stephens Cadiz KY denim jeans 2325 Co.

W.R. Grace & Co. Wilder KY mfg. of fireproofing chemicals 1799 IBT

10

White Swan – Meta

Dawson

Springs KY healthcare apparel 2339 UNITE

67

______________________

County Ordinances Info

Many times a county will pass an ordinance without following proper procedure.

This is never challenged because the people of the county do not know what their

rights are nor do they know the procedure the county must follow. This page is to

help you when you feel as though “the good old boys” are once again up to doing things

their way and the hell with the law.

To look up the law or Kentucky Revised Statutes for yourself go to:

http://lrc.ky.gov/statrev/frontpg.htm

The below statutes on ordinances are in black with our comments as to what to

watch for are in“RED”

67.075 Definitions.

For the purposes of this chapter, the following words shall have the following meanings:

(1) “County ordinance” means (a) an official written act of a fiscal court, the effect of

which is general and lasting in nature, which is enforceable within the jurisdiction of the

county; or (b) a lawful appropriation of money.

(2) “Summary” means a concise written narrative covering the main points of any official

statement, certified as to its accuracy by the fiscal court and written in a way calculated

to inform the public clearly of its contents. Summaries may be written for but are not

limited to resolutions and ordinances.

Effective: June 17, 1978

History: Created 1978 Ky. Acts ch. 118, sec. 1, effective June 17, 1978.

67.076 Use of county ordinance and resolution — Form — Amendment.

(1) No action embraced in the term “county ordinance” may be taken except by passage

of a county ordinance. Other official actions, including but not limited to approvals

required by the fiscal court, may be taken by resolution, order, or motion;

(2) All ordinances shall be introduced in writing;

(3) No county ordinance shall relate to more than one (1) subject, and each ordinance

shall be prefaced in the following manner by a title which expresses that subject:

“AN ORDINANCE relating to (the subject of the ordinance):”;

(4) There shall be inserted between the title and the body of each county ordinance an

enacting clause written in the following manner: “Be it ordained by the fiscal court of

county of………., Commonwealth of Kentucky:”;

(5) County ordinances shall be amended by ordinance and only by setting out in full

each amended section;

(6) No action of a fiscal court shall be invalidated because of improper denomination of

a county ordinance or other written document, if the procedures required for taking the

action have otherwise been observed.

Effective: June 17, 1978

History: Created 1978 Ky. Acts ch. 118, sec. 4, effective June 17, 1978.

(Section 3) This section is very clear, 1 subject only. Watch that they do not put numerous

subjects in an ordinance, sometimes by amendment(s). They will attempt to claim that they are

related.

(Section 5) Pay particular attention to section (5). It appears to be a common practice to just

amend an ordinance at any meeting without paying attention to this section.

67.077 Treatment of proposed ordinance — Incorporation of material into ordinance by reference

— Section not applicable to charter county, urbancounty government, or consolidated local

government.

(1) No county ordinance shall be passed until it has been read on two (2) separate

days, but ordinances may be read by title and a summary only. A proposed ordinance

may be amended by the fiscal court after its first reading and prior to its adoption. All

amendments shall be proposed in writing, and only by setting out in full each amended

section.

(2) No county ordinance shall be passed until it has been published pursuant to KRS

Chapter 424. Prior to passage, ordinances may be published by summary.

Publication shall include the time, date, and place at which the county ordinance will be

considered, and a place within the county where a copy of the full text of the proposed

ordinance is available for public inspection. (see below for amendments comment on

this) Publication of amendments to a proposed ordinance shall be required, pursuant to

KRS Chapter 424, prior to its adoption, and amendments shall be filed with the full text

of the proposed ordinance that is available for public inspection. If consideration for

passage is continued from the initial meeting to a subsequent date, no further

publication shall be necessary if at each meeting the time, date, and place of the next

meeting are announced.

(3) All county ordinances and amendments shall be published after passage and may

be published in full or in summary form at the discretion of the fiscal court. If applicable,

a sketch, drawing, or map, together with a narrative description written in layman’s

terms, may be used in lieu of metes and bounds descriptions. If published in summary

form, publication shall contain notice of a place in the county where the full text of the

ordinance or amendment is available for public inspection.

(4) Traffic, building, housing, plumbing, electrical, safety, and other self-contained codes

may be adopted by reference if a copy of the code is kept with the adopting ordinance

and is made a part of the permanent records of the county.

(5) The provisions of this section shall not be applicable in counties that have pursuant

to KRS 67.830 adopted a charter county form of government or pursuant to KRS

Chapter 67A adopted an urban-county form of government or pursuant to KRS Chapter

67C adopted a consolidated local government.

Effective: July 15, 2002

History: Amended 2002 Ky. Acts ch. 346, sec. 39, effective July 15, 2002. —

Amended 1990 Ky. Acts ch. 401, sec. 12, effective July 13, 1990. — Amended 1980

Ky. Acts ch. 11, sec. 1, effective July 15, 1980. — Created 1978 Ky. Acts ch. 118,

sec. 5, effective June 17, 1978.

(Section 2) Pay attention to this about amendments. It clearly states that

amendments must be published according to KRS Chapter 424. This Chapter 424

clearly explains that you must, even though you approve an amendment at a

meeting, still must publicize this before final approval at another meeting. This is

the section most do not comply with.

67.078 Quorum — Majority of fiscal court required to pass ordinance — Emergency acts —

Effective date.

(1) Unless otherwise provided by statute, a majority of a fiscal court shall constitute a

quorum and a majority of a quorum shall be sufficient to take action, except that a

majority of the fiscal court shall be required to pass an ordinance. No meeting shall be

held by the fiscal court without notice to all members thereof. (see below for comment

regarding this section)

(2) A majority of the fiscal court may declare an emergency to exist by naming and

describing the emergency, and thereafter may adopt a county ordinance to address that

emergency without regard to the requirements of KRS 67.077.

(3) All county ordinances and other official actions shall state the effective date thereof.

Effective: June 17, 1978

History: Created 1978 Ky. Acts ch. 118, sec. 6, effective June 17, 1978.

(Section 1) This section is often violated, far too often! Should the majority of the

members of Fiscal Court get together it is considered an official meeting UNLESS

NOT ALL MEMBERS WERE NOTIFIED! This happens, believe it or not, often. It is

almost a common thing for them to hold these little meetings “on the side.”

This is one reason why a meeting seems destined to head in a certain direction. Too many

meetings go on with a member or two not being aware of what is going on.

They simply were left out of what someone wanted and it was generally known to those members

of Fiscal Court in attendance that those not “INVITED” would not support what the others wanted

and would cause problems by asking too many questions and/or oppose them.

424.380 Failure to comply with publication requirements.

Any resolution, regulation, ordinance or other formal action of any public agency which

is required to be published, that is adopted without compliance with the publication

requirements of this chapter, shall be voidable by a court of competent jurisdiction. The

Circuit Courts of this state shall have the jurisdiction to enforce the purposes of this

chapter, by injunction or other appropriate order, upon application by any citizen of this

state. The cost of all proceedings, including a reasonable fee for the attorney of the

citizen

bringing the action, shall be assessed against the unsuccessful party.

Effective: July 15, 1982

History: Created 1982 Ky. Acts ch. 430, sec. 8, effective July 15, 1982.

This is the best section of the law and the most hated by those trying to pull the wool over the

eyes of the public. Any actions to be taken or meetings held, must be publicized. If it is not, then it

is null and voidable by the Circuit Court, once you show that the governmental body did not meet

the law.

Another good section of this law is that they are then responsible to pay your attorney fees as

well as court costs incurred.

The law gives you the tools to work with but it is up to you to keep taking it or become involved to

make a difference!

If you don’t become involved then what right do you have to complain all the time?

Medical Malpractice

The below was for the 2005 legislative session but we are going to leave it on this page for the simple reason that this

bill is an annual threat to the medically injured/abused of Kentucky.

Kentucky continues to Haunt Victims of Medical Malpractice and Protect Doctors and Medical Facilities While Florida

Protects Their Citizens

Senate President David Williams and several other Senators have introduced the annual bill that terrorizes those

victims of medical malpractice once again.

The complete list of the sponsors are:

David Williams, Vernie McGaha, Richard “Dick” Roeding , Katie Stine

Gary Tapp, Damon Thayer, Elizabeth Tori, Jack Westwood

While we generally agree with these sponsors we cannot this time around.We feel that the Bill of Rights are ’special’

Not just another section of the Constitution to be changed at will. We feel that Section 26 distinguishes this as fact!

Kentucky Constitution

Section 26 General powers subordinate to Bill of Rights — Laws contrary thereto are void.

To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill

of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws

contrary thereto, or contrary to this Constitution, shall be void.

A part of this bill reads in part:

(2) Any section of this Constitution to the contrary notwithstanding, in civil actions where the act or omission of a

health care provider has been alleged to have resulted in death or injury to any natural person, through the provision

of health care services, the General Assembly may by general law:

In other words these sponsors wish to remove two (2) parts of your Kentucky Bill of Rights. We have a problem with

this. Once we begin wholesale changing of our Bill of Rights we may as well do away with it in its entirety as it will not

be the same document in a few short years anyways.

The sections these Senators wish to remove from your rights are:

Section 14 Right of judicial remedy for injury — Speedy trial.

All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have

remedy by due course of law, and right and justice administered without sale, denial or delay.

We say two parts of the Bill of Rights because by passing this bill they will in effect also change Section 7.

Section 7 Right of trial by jury.

The ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate, subject to such

modifications as may be authorized by this Constitution.

We say “in effect” because of the following section of the bill:

Require any party bringing a civil action subject to this section to submit the claim of that action to a system of

alternative dispute resolution before seeking redress in any other forum or exercising his or her right to a jury trial;

and

This section will prohibit your rights to the courts and trial by jury by forcing you to a ‘dispute resolution board’ no

doubt that will be made up of medical people. This we do not know for sure as the bill doesn’t give the make up of this

wonderful board of the ‘all knowing’.

Another and perhaps bigger concern is what Section 26 of our Kentucky Bill of Rights says:

Section 26 General powers subordinate to Bill of Rights — Laws contrary thereto are void.

To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill

of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws

contrary thereto, or contrary to this Constitution, shall be void.

We have problems changing our Bill of Rights not only for the reasons stated above but because both Sections 7 and

26 say that these rights granted are “inviolate” or in other words as we have

said in the past, these first 26 Sections are not to be messed with. Leave them alone. As a matter of fact we have

gone so far as to check with attorneys and a retired former Judge to see if our thoughts are correct. They are correct.

It may take legal action to prove it but they feel we are correct.

Setting the above aside and looking at what this bill does is enough reason not to pass this into law.

This bill will make victims of the victims of medical malpractice and incompetence.

Let us say that you were to go to the hospital to have your left leg removed due to diabetes. The doctor removed your

right leg instead.

Should you be limited on going after this doctor? Should this incompetent doctor be allowed to hide behind the law

under the guise of there being too many frivolous lawsuits filed? Not hardly!

We do not argue the fact that something needs to be done about frivolous suits.However, we feel there is a much

better solution since the facts say that less than 5% of the doctors are causes of over 90% of the malpractice suits.

We suggest that instead of the making victims of the already victim that we in Kentucky do as Florida has done.

Not only did the Legislature pass legislation but it was a Constitutional matter therefore the people had to vote on

these measures.

Florida went after the doctors that cause these lawsuits in a couple of ways. After all, it isn’t the patient that screws up

the surgery it is the doctor.

Let’s examine what was done in Florida by the vote of the people.

Article X, Section 20

Summary:

Current law allows medical doctors who have committed repeated malpractice to be licensed to practice medicine in

Florida. This amendment prohibits medical doctors who have been found to have committed three or more incidents

of medical malpractice from being licensed to practice medicine in Florida.

BE IT ENACTED BY THE PEOPLE OF FLORIDA THAT:

a) Statement and Purpose:

Under current law, a medical doctor who has repeatedly committed medical malpractice in Florida or while practicing

in other states or countries may obtain or continue to hold a professional license to practice medicine in Florida. The

purpose of this amendment is to prohibit such a doctor from obtaining or holding a license to practice medicine in

Florida.

b) Amendment of Florida Constitution:

Art. X, Fla. Const., is amended by inserting the following new section at the end thereof, to read:

“Section 20. Prohibition of Medical License After Repeated Medical Malpractice.

“a) No person who has been found to have committed three or more incidents of medical malpractice shall be

licensed or continue to be licensed by the State of Florida to provide health care services as a medical doctor.

“b) For purposes of this section, the following terms have the following meanings:

“i) The phrase “medical malpractice” means both the failure to practice medicine in Florida with that level of care, skill,

and treatment recognized in general law related to health care providers’ licensure, and any similar wrongful act,

neglect, or default in other states or countries which, if committed in Florida, would have been considered medical

malpractice.

“ii) The phrase “found to have committed” means that the malpractice has been found in a final judgment of a court of

law, final administrative agency decision, or decision of binding arbitration.”

c) Effective Date and Severability:

This amendment shall be effective on the date it is approved by the electorate. If any portion of this measure is held

invalid for any reason, the remaining portion of this measure, to the fullest extent possible, shall be severed from the

void portion and given the fullest possible force and application.

As noted by the final vote below this measure passed by a wide margin.

Election Date:

11/02/2004

Votes For:

5,121,841

Votes Against:

2,083,864

Not only did the people of Florida pass this piece of legislation but they went even further to protect themselves from

Medical Malpractice and higher insurance costs by passing “Article X, Section 22” by an even wider vote margin:

Election Date:

11/02/2004

Votes For:

5,849,125

Votes Against:

1,358,183

Article X, Section 22

Ballot Title:

Patients’ Right to Know About Adverse Medical Incidents

Ballot Summary:

Current Florida law restricts information available to patients related to investigations of adverse medical incidents,

such as medical malpractice. This amendment would give patients the right to review, upon request, records of health

care facilities’ or providers’ adverse medical incidents, including those which could cause injury or death. Provides

that patients’ identities should not be disclosed.

This legislation allows the patient to know if he or she is being operated on or seen by a doctor that has a long record

of Medical Malpractice suits.

I can’t imagine anyone having this information and discovering the doctor they are considering allowing to perform a

surgery, allowing a surgeon to operate, should it be found out that he is spending as much time in court trying to

prove he is qualified as he is spending practicing his medical profession.

This legislation is a big bonus for the patient. It doesn’t make a victim of the victim as the Kentucky legislation would.

If our Kentucky Legislators want to stop the suits then it appears to us they would pass this same legislation as a

Constitutional Amendment and allow Kentuckians to know what their doctors record is.

This would certainly cut down on suits and our Legislators claim this is their intent, don’t they?

The entire context of this Florida proposal is below.

Full Text:

BE IT ENACTED BY THE PEOPLE OF FLORIDA THAT:

1) Statement and Purpose:

The Legislature has enacted provisions relating to a patients’ bill of rights and responsibilities, including provisions

relating to information about practitioners’ qualifications, treatment and financial aspects of patient care. The

Legislature has, however, restricted public access to information concerning a particular health care provider’s or

facility’s investigations, incidents or history of acts, neglects, or defaults that have injured patients or had the potential

to injure patients. This information may be important to a patient. The purpose of this amendment is to create a

constitutional right for a patient or potential patient to know and have access to records of a health care facility’s or

provider’s adverse medical incidents, including medical malpractice and other acts which have caused or have the

potential to cause injury or death. This right to know is to be balanced against an individual patient’s rights to privacy

and dignity, so that the information available relates to the practitioner or facility as opposed to individuals who may

have been or are patients.

2) Amendment of Florida Constitution:

Art. X, Fla. Const., is amended by inserting the following new section at the end thereof, to read:

“Section 22. Patients’ Right to Know About Adverse Medical Incidents.

“(a) In addition to any other similar rights provided herein or by general law, patients have a right to have access to

any records made or received in the course of business by a health care facility or provider relating to any adverse

medical incident.

“(b) In providing such access, the identity of patients involved in the incidents shall not be disclosed, and any privacy

restrictions imposed by federal law shall be maintained.

“(c) For purposes of this section, the following terms have the following meanings:

“(1) The phrases “health care facility” and “health care provider” have the meaning given in general law related to a

patient’s rights and responsibilities.

“(2) The term “patient” means an individual who has sought, is seeking, is undergoing, or has undergone care or

treatment in a health care facility or by a health care provider.

“(3) The phrase “adverse medical incident” means medical negligence, intentional misconduct, and any other act,

neglect, or default of a health care facility or health care provider that caused or could have caused injury to or death

of a patient, including, but not limited to, those incidents that are required by state or federal law to be reported to any

governmental agency or body, and incidents that are reported to or reviewed by any health care facility peer review,

risk management, quality assurance, credentials, or similar committee, or any representative of any such committees.

“(4) The phrase “have access to any records” means, in addition to any other procedure for producing such records

provided by general law, making the records available for inspection and copying upon formal or informal request by

the patient or a representative of the patient, provided that current records which have been made publicly available

by publication or on the Internet may be “provided” by reference to the location at which the records are publicly

available.”

3) Effective Date and Severability:

This amendment shall be effective on the date it is approved by the electorate. If any portion of this measure is held

invalid for any reason, the remaining portion of this measure, to the fullest extent possible, shall be severed from the

void portion and given the fullest possible force and application.

These two aforementioned pieces of legislation are now sections of the Florida Constitution.

We in Kentucky deserve no worse including our good doctors. They would have nothing to fear from these pieces of

legislation whereas those generally referred to as “crackpots” would no doubt be opposed to such legislation.

We all would benefit from the removal of bad doctors EXCEPT FOR THE LAWYERS!

These lawyers that chase ambulances are dealt with in another piece of legislation that needs to be proposed in this

legislature.

How do you take the “ambulance chasers” out of the picture? Limit their monies they are allowed to collect for

malpractice.

TRIAL LAWYER FEES LIMITS

Florida physicians filed this amendment because they are tired of seeing trial lawyers walk away with up to 40% of

medical liability awards. Juries thought this money was going to patients, not their lawyers. The amendment allows a

trial lawyer to be adequately compensated for taking cases, but ensures that most of the award goes to the injured

patient.

Under the proposed amendment, patients will receive 70% of the first $250,000 awarded and 90% of the remainder

of the award, minus the costs of bringing the lawsuit.

Example: under the proposed amendment, trial attorneys will receive $150,000 of a million dollar settlement while

they currently reap $400,000.

Example: under the proposed amendment, the patient will receive $850,000 of a million dollar settlement (minus

costs), while they currently receive only $600,000.

Below is what the Florida Medical Association said about the attempt to stop the lawyers in their causing costs to

soar.

http://www.fmaonline.org/pubs/quarterly/jan05_feature4.asp

John Knight, FMA General Counsel

Amendment 3: “The Medical Liability Claimant’s Compensation Amendment”

The voters of Florida sent a loud message to the Academy of Florida Trial Lawyers on Election Day – even $24

million spent on a campaign of deception did not prevent the passage of Amendment 3. The amendment passed by

an overwhelming 63.5% of the vote. All of the false advertising by the Academy did not keep the voters from

understanding the clear and simple purpose of the amendment – to put more of the money awarded in a medical

malpractice action in the hands of the injured patient and less in the hands of the greedy trial lawyer. The voters sent

a clear message to the Academy – “your campaign of deception did not succeed in confusing the voters.”

Even though the voters of Florida have sent a clear message to the Academy, it is likely that the Academy will

challenge the constitutionality of the amendment in federal court. The FMA is confident that Amendment 3 will

withstand any legal challenges. We are prepared to litigate the matter when and if the Trial Lawyers challenge the

amendment. This amendment is self-implementing, and became effective upon being certified by the Department of

State, which occurred on Nov. 14, 2004, and applies to contingency fee contracts entered into after that date.

Amendment 3 represents a long-overdue fundamental reform to the civil justice system. Attorneys’ contingency fees

in Florida are governed by the Florida Supreme Court. No other profession-including physicians-has its income

protected in this way. Since the Supreme Court regulates the percentage of a recovery that an attorney can charge

as a fee, even the Legislature does not have the power to limit attorneys’ contingency fees. Any attempt by the

Legislature to address this issue would violate the principle of separation of powers. As a result, the only way to

accomplish the reform brought about by Amendment 3 was by amending the Florida Constitution.

The passage of Amendment 3 with its contingency fee limitation will ensure that victims of medical malpractice

receive the compensation they deserve in cases where a physician has caused an injury. By limiting the

compensation potential for attorneys, this amendment removes the financial incentive to take on meritless litigation.

The effect will be to weed out non-meritorious claims, ultimately saving patients’ access to quality health care. As the

Bradenton Herald stated in its editorial published on Oct. 27, 2004, “The basic purpose of this amendment is to

ensure that legitimate victims wind up with the bulk of the malpractice awards. If as a side effect it discourages

frivolous malpractice suits by the fast-buck lawyers, so much the better.”

While this measure did not pass in Florida it is to be noted that the lawyers spent $24,000,000 to defeat it!

Should we in Kentucky be fortunate enough to have this measure on the ballot you can bet the farm that the lawyers

would spend likewise here.

We all see the commercials on TV by lawyers ranging from prescription suits to pain suits.

Perhaps we need another Amendment on the ballot to keep these leeches from advertising their creations of

lawsuits.

Whatever the answer is we are sure that it isn’t the way Senator Williams desires every year.

It makes no sense to us that you punish the victim of medical malpractice instead of the perpetrator of malpractice.

We at Take Back Kentucky urge the Legislature to pass legislation to protect its’ citizens against this abuse we call

“medical malpractice” instead of punishing the victims of it by “capping” what they may file suit for.

We urge either the defeat of Senate Bill 1 or changing it by limiting Lawyer fees and giving them the ‘right to know’

their doctors record! Protect Kentuckians instead of making them victims again!