Final Legislative Report - 2013 Kentucky General Assembly
Posted on Apr 18, 2013SUMMARY OF LEGISLATIVE ACTIVITIES DURING THE
2013 KENTUCKY GENERAL ASSEMBLY
Kentucky Farm Bureau was involved in many pieces of legislation this session supporting, opposing, or monitoring bills. We were able to secure passage of several of our priority issues this year. We were also able to protect many of our other priority issues, such as our policy on property taxes and private property rights. The bills that were passed during the regular session will become effective on June 25, 2013. Legislation containing an emergency clause became effective upon Governor Beshear’s signature.The Public Affairs staff would like to express our sincere appreciation to all of those who responded to our Legislative Action Request concerning various issues each week. The success of implementing your policy depends on the continued involvement and efforts of county Farm Bureau leaders and members. Please accept our thanks for your assistance in making this years session a success for Kentucky Farm Bureau.
As the General Assembly enters into their interim, we encourage those counties that have yet to conduct legislative appreciation events to do so. We know that several counties have already conducted these events during the session with great success. We also encourage you to invite your Representatives and Senators to your County Annual Meetings and our State Annual Meeting.
If you have questions concerning any legislation, please contact the Kentucky Farm Bureau Public Affairs staff at 502.495.5121 or the Legislative Research Commission in Frankfort at 502.564.8100. You may also email your questions to Jeff Harper at Jeff.Harper@kyfb.com.
The following is a detailed report summarizing many of the bills and resolutions in which Kentucky Farm Bureau was involved:
BILLS FARM BUREAU SUPPORTED THAT PASSED
HB 60: F. Steele, S. Santoro – AN ACT relating to hunting coyotes.This bill will allow coyotes to be taken at night with or without use of light as provided in administrative regulation promulgated by the Kentucky Department of Fish and Wildlife Resources.
Farm Bureau Priority Issue:
“Support effective wildlife management that will reduce the wildlife population in an effort to alleviate continued crop and livestock losses, automobile accidents, human injuries, and loss of life.”
This bill will remove the Office of Career and Technical Education and the Kentucky Technical Education Personnel Board from the Education and Workforce Development Cabinet and to place the Kentucky Technical Education Personnel Board under the Department of Education; It will also establish the Career and Technical Education Advisory Committee and its membership and will permit a local board of education to petition the commissioner of education to assume management and control of a state-operated secondary vocational education and technology center and clarify issues relating to transfer of employees. It will also permit a local board of education to relinquish management and control of a vocational education center to the Department of Education and clarify issues relating to the transfer of employees and authorize the department to implement a comprehensive plan of secondary career and technical education programs in consultation with the Career and Technical Education Advisory Committee and clarify procedures for merging Office of Career and Technical Education components and employees within the department; clarify benefit protections of employees. This bill confirms Executive Order 2012-737 issued by Governor Beshear last August.
Farm Bureau Priority Issue:
“Ensure that career and technical education remains a strong and viable program in Kentucky.”
HB 378: F. Steele, S. Rudy, R. Quarles – AN ACT relating to impaired waters.
This bill creates a new section of Subchapter 70 of KRS Chapter 224 to define terms and require the Energy and Environment cabinet to maintain a listing of impaired waters placed on the 303(d) list and to make that list available on the cabinet's website and require the cabinet include other methodological information associated with determining whether to place the water body on the list and with developing any total maximum daily load. It would also require the cabinet to provide notice to certain interested parties of a water body's listing on the 303(d) for effluent or thermal-based impairment and require the cabinet to prepare a report each year to the Interim Joint Committee on Natural Resources and Environment by December 31 on TMDL development for the following year and create delayed effective date for the website listing of impaired waters and total maximum daily loads.
Farm Bureau Priority Issue:
“Request state government to include agricultural representation in the process of developing water quality regulations to include, but not limited to TMDL’s.”
“State water resource policy and regulations should be based on adequate scientific research data.”
This bill will define "donor," "edible agricultural products," "nonprofit food program," and "qualified taxpayer" and allow a qualified taxpayer/donor to receive a tax credit for donating edible agricultural products to nonprofit food programs. The tax credit amount will be ten percent and allow a tax credit to be carried forward to subsequent years. This bill was included as part of the free conference committee report for SB 1.
HB 273: B. Rowland, C. Embry Jr., J. Carney, M. Dossett, R. Heath, M. Meredith, S. Rudy, S. Santoro, W. Stone – AN ACT relating to the operation of mini-trucks. This bill will establish exemptions for farmers allowing the operation of a mini-truck on a public highway or roadway or the right-of-way of any public highway or roadway.
HR 25: C. Embry Jr., T. Mills, S. Westrom This resolution encourages the Kentucky Board of Education to require financial literacy courses in every school.
Farm Bureau Policy:
“We support “Financial Literacy” core content being included in Kentucky school curriculum at all appropriate levels.”
HR 82: W. Stone, T. McKee, J. Bell, M. Denham, C. Embry Jr., R. Quarles This resolution reauthorizes the House Tobacco Task Force through December 31, 2013, to help address the problems facing the tobacco industry in Kentucky.
Farm Bureau Policy:
“We support the USDA tobacco advisory committee, or a similar committee representing the tobacco industry being established to represent the new issues facing growers.”
This resolution honored Kentucky farmers and recognized February 17 to 23, 2013, as Food Checkout Week.
This resolution will request universities to conduct and report on second generation biofuels including cellulosic ethanol and other advanced biofuels.
Farm Bureau Policy:
“We will publicly and aggressively promote the use of biofuels and support legislation that promotes biofuels usage.”
SR 178: P. Hornback, D. Parrett, D. Givens, S. Humphries
This resolution honored Kentucky farmers and recognized February 17 to 23, 2013, as Food Checkout Week.
BILLS FARM BUREAU OPPOSED THAT PASSED
There were no bills passed in this session that Farm Bureau opposed.
BILLS FARM BUREAU OPPOSED THAT DID NOT PASS
HB 142: J. Wayne, R. Smart, K. Flood, D. Graham, J. Jenkins, M. Marzian, R. Meeks, D. Owens, T. Riner – AN ACT relating to taxation.
This bill would have amended KRS 140.130 to decouple from changes to the federal estate tax since 2003, provided for a reduction and phase-out of the pension exclusion, and established a cap for itemized deductions. Amended KRS 132.020 to make the real property tax rate 12.2 cents per $100, remove the rate adjustment provision, and remove the recall provision. It would have removed the provisions of HB 44 that allow for recall of certain tax rates.
Farm Bureau Priority Issue:
“Support the current provisions of House Bill 44 (KRS 132.010). Revenue from property taxes should continue to be limited to 4% plus new growth. Proposals to exceed 4% should automatically go to the voters.
This bill would prohibit indoor smoking in businesses, places of employment, and other listed public places but would exempt private residences, unless used for child care or adult day care. The bill would permit smoking in designated non-enclosed areas and require posting of "no smoking" signs at specified locations and would also permit local governments to adopt stricter regulations by ordinance.
Farm Bureau Policy:
“We believe business owners should have the exclusive right to prohibit tobacco use in their private business. We are adamantly opposed to any level of government or agency mandating that businesses prohibit tobacco use.”
This bill would have prohibited the Commonwealth from operating a state-based health benefit exchange under the Patient Protection and Affordable Care Act unless authorized by the General Assembly.
Farm Bureau Policy:
“We support a state administered health benefit exchange.”
BILLS FARM BUREAU SUPPORTED THAT DID NOT PASS
HB 44: C. Rollins – AN ACT relating to healthy food choices in school cafeterias.
This bill would have encouraged schools to use strategic placement of food in cafeterias to promote healthy food choices by students; name the act "The Smarter Lunchroom Act."
Farm Bureau Policy:
“We encourage the utilization of Kentucky agriculture products by state and county agencies, state funded institutions, public schools and publicly funded projects whenever possible.”
HB 67: F. Steele – AN ACT relating to recycling scrap metal.
This bill would have prohibited a secondary metals recycler from using his own identification in the record required to be kept for metal purchases.
Farm Bureau Policy:
“We support recyclers to record the name, address, and obtain a copy of a photo ID of individuals who bring in farm machinery to discourage the recycling of stolen equipment.”
HB 111: R. Nelson, D. Osborne – AN ACT relating to the economic and environmental sustainability of forest lands. This bill would have required the Division of Forestry to maintain a list of approved third-party forest certification programs; deem programs accredited by the Forest Stewardship Council, the American Tree Farm System, and the Sustainable Forestry Initiative as approved; allow family forest land owners who are third-party certified to apply for official recognition from the division; allow the division to collect reasonable fees. It would have also required the Department of Revenue to advise property valuation administrations that a timber production assessment model should be used on recognized third-party certified family forest land and defined "family forest land."
Farm Bureau Policy:
“We support forest that qualify for an agricultural deferment of property tax should be assessed using an assessment model that is appropriate for forest land.”
HB 165: R. Damron, J. Short, W. Stone – AN ACT relating to rock quarries.
This bill would have defined "rock quarry" and to create a permit exemption for owners of rock quarries who use the excavated rock solely on their own farm.
HB 175: S. Westrom, D. Watkins – AN ACT relating to sales and use taxes.
This bill would have exempted from sales and use tax sales of machinery, machinery attachments, repair parts, replacement parts, horse trailers and stock trailers, feed and feed additives, water, farm chemicals, on-farm equine facilities, fuel to operate machinery, seed and commercial fertilizer, if the property is purchased by a person regularly engaged in the occupation of breeding, raising, training, racing, or exhibiting equine as a business and the property is exclusively and directly used in that occupation.
Farm Bureau Priority Issue:
“Recommend production items associated with the equine industry be exempt from the sales and use tax.”
HB 331: J. Glenn, T. Riner, S. Westrom – AN ACT relating to college student financial awareness. This bill would have required public postsecondary education institutions to provide entering students with educational materials related to the responsible use of credit cards and management of personal debt; to encourage independent postsecondary education institutions to do the same; to require the Council on Postsecondary Education to assist institutions in identifying appropriate curricula and materials suitable to fulfill this Act.
Farm Bureau Policy:
“We support “Financial Literacy” core content being included in Kentucky school curriculum at all appropriate levels.”
HCR 42: L. Combs This resolution would have established a Timber Theft and Trespass Reduction Task Force; provide that the purpose of the task force is to study issues regarding timber theft and trespass and to develop consensus recommendations to address those issues; name the membership of the task force; require the task force to meet three times before submitting its final report; and provide that the Legislative Research Commission has authority to alternatively assign the issues identified in the Resolution to interim joint committees or subcommittees thereof.
SB 22: R. Webb, W. Blevins, D. Harper Angel – AN ACT relating to scrap metal recycling.
This bill would have included construction, industrial, lawn and landscape, and farm equipment to the definition of restricted metals and prohibited a secondary metals recycler from conducting business without a certificate of registration issued by the Office of Occupations & Professions.
Farm Bureau Policy:
“We support recyclers to record the name, address, and obtain a copy of a photo ID of individuals who bring in farm machinery to discourage the recycling of stolen equipment.”
SB 153: D. Parrett – AN ACT relating to income taxes and declaring an emergency.
This bill would have extended the declaration filing and paying deadline for Kentucky farmers, if the federal government extends the federal due date for farmers estimated tax payments; effective for taxable years beginning on and after January 1, 2012; EMERGENCY. An extension for tax year 2012 was granted by the Kentucky Revenue Department to mirror the federal extension for farmers.
OTHER BILLS OF INTEREST THAT PASSED
HB 1: G. Stumbo, R. Adkins, R. Bunch, De. Butler, Dw. Butler, J. Carney, L. Clark, L. Combs, W. Coursey, J. Donohue, C. Embry Jr., J. Glenn, J. Greer, K. Hall, R. Heath, R. Henderson,
This bill will establish an online central registry for the reporting and dissemination of administrative and financial information by special purpose governmental entities and establish audit requirements for special purpose governmental entities. The bill will also require special districts present their budgets and any new fee increases to their local fiscal court for public hearing. The bill does not require that fiscal courts approve budgets or fee increases.
HB 295: T. McKee, M. Denham – AN ACT relating to farm and construction retail agreement contracts.
This bill will define "terminate" or "termination" and clarify the existence of consent in retail agreement contracts.
HB 433: T. McKee, M. Denham – AN ACT relating to bovine assessments.
This bill will amend KRS 247.650 to state that any assessment made after the effective date of the Act shall be in addition to the federal assessment. It will also clarify that if the federal assessment is terminated or suspended, the association certified to administer the assessment shall continue to collect the assessment and use it for carrying out the provisions of KRS 247.610 to 247.685.
This bill contains several provisions. Beginning with new motor vehicles purchased on or after July 1, 2014 a trade-in credit will be allowed. The exemption for farm machinery was clarified to include header wagons, combine header trailers, or any other implements specifically designed and used to move or transport a combine header. It changed the personal credit on individual income tax from $20 per person to $10 per person. This bill also created a Kentucky Retirement System (KRS) unfunded liability trust fund from contributions, gifts, donations, and any moneys designated by the General Assembly.
This bill will place future state and local government employees (except public school teachers, who are covered under a separate retirement system) as well as judges and state legislators in a hybrid “cash balance” plan as of Jan. 1, 2014. This plan is similar to a 401K, but with a guaranteed minimum 4 percent return. The bill also requires prefunding of any and all cost of living raises. The bill will require the state to pay its full contribution, or “ARC” (actuarially required contribution), to the pension system beginning in Feb. 2015.
SB 46: B. Smith – AN ACT relating to biomass and declaring an emergency. This bill created a new section of KRS Chapter 278 to allow recovery of costs for purchase of power from certain biomass energy facilities; declare the Public Service Commission approval of cost recovery to be valid for the initial term of the purchase power agreement; EMERGENCY.
The bill will require the hemp commission to promulgate administrative regulations to administer the research program. The bill establishes the research program to consist of demonstration plots overseen by the University of Kentucky Agricultural Experiment Station and other research partners, and to establish the responsibilities of the commission. This bill also attaches the commission to the University of Kentucky Agricultural Experiment Station and to clarify membership, adding regional university representation and others. Names the Commissioner of the Department of Agriculture vice chair of the commission, and allow for the commission to elect its chair. Requires reporting on industrial hemp issues and provides that no provision of this Act shall allow any person to violate any federal law. Clarifies the uses of the industrial hemp program fund and to allow the commission to administer the fund and establishes the conditions and procedures for issuing industrial hemp grower licenses, allow license fees to be set by administrative regulation, and stipulate monitoring requirements. This bill also sets out operational procedures for licensed growers, and set out standards for transporting industrial hemp off the premises of a licensed grower. Allows licensed growers to apply for tobacco settlement funds and clarifies that processing industrial hemp qualifies as "agribusiness" under the Kentucky Business Investment incentive program; direct the Cabinet for Economic Development to work with the commission to promote the development of industrial hemp production and commercialization in the Commonwealth.
OTHER BILLS OF INTEREST THAT DID NOT PASS
HB 15: D. Keene – AN ACT relating to dogs.
This bill would have amended KRS 258.095 to amend the definition of who qualifies as the owner of a dog to include persons permitting the dog to remain on or about premises owned and occupied by the person.
This bill would have required persons wanting to grow or process industrial hemp to be licensed by the Department of Agriculture and required criminal history checks by local sheriff. It would have also required the sheriff to monitor and randomly test industrial hemp fields and assessed a fee of $5 per acre for every acre of industrial hemp grown, with a minimum fee of $150, to be divided equally between the department and the appropriate sheriff's department. Required licensees to provide the department with names and addresses of any grower or buyer of industrial hemp, and copies of any contracts the licensee may have entered into relating to the industrial hemp and clarify that the Act does not authorize any person to violate federal law.
HB 122: T. McKee – AN ACT relating to vehicle weight limits.
This bill would have exempted vehicles from citations issued for gross weight limits when traveling on non-interstate highways, between the loading point and the nearest scale in the direction of the operator's destination.
This bill would have imposed an additional cigarette surtax at a proportionate rate of 40 cents on each 20 cigarettes and deposited the moneys into the Kentucky Retirement Systems unfunded liability trust fund.
This bill would have created new sections of KRS Chapter 237 to state legislative findings and set forth relevant sections of the Constitution of the United States, Amendments to the Constitution of the United States, and decisions of the Supreme Court of the United States, relating to the right to keep and bear arms. It would have also provided that the General Assembly is concerned about possible federal contravention of rights guaranteed under the Second Amendment to the Constitution of the United States; specify that the Commonwealth of Kentucky does not recognize federal statutes, regulations, and other actions which deny or abridge the right to keep and bear arms and required the General Assembly to take action to protect constitutional rights.
This bill would have designated The Homeplace on Green River, Inc. as the official Kentucky Center for Agriculture and Rural History and established a fund for The Homeplace on Green River, Inc. through the Tourism, Arts, and Heritage Cabinet.
HB 333: D. Osborne – AN ACT relating to eminent domain.
This bill would have allowed separately deeded tracts of land owned by the same person to be considered as a single parcel for valuation purposes relating to eminent domain.
This bill would have created a new section of KRS 186.400 to 186.640 to define the term "certificate for driving" as a certificate issued by the Transportation Cabinet to an individual 18 years or older who has resided in the Commonwealth for a minimum of three years and who cannot prove citizenship or meet the requirements of KRS 186.412(2) to (4); mandate that certificates for driving be clearly distinguishable from regular operator's licenses and clearly state on the face that the document is not to be used for identification purposes; require the cabinet to establish a unique identifying number system for certificates and keep a database of all certificate holders and their driving histories available for the use of law enforcement agencies; establish that the database shall not be used for the investigation or enforcement of immigration fees; require the cabinet to promulgate administrative regulations to provide standards for the application, issuance, denial, and revocation of certificates; set out application procedures for certificates for driving; require application to be made in Frankfort or at a regional office of the cabinet; require the Department of Kentucky State Police to examination all applicants for a certificate; impose instruction permit restrictions on individuals applying for a certificate who do not have a valid license from another state or recognized foreign jurisdiction; set out denial criteria and revocation criteria; require the cabinet to establish a points and suspension system for moving violations similar to the one used for operator's licenses; make certificates valid for four years, with renewal; require possession of the certificate at all times when operating a motor vehicle; require certificate holders to notify the circuit clerk of name and address changes; set the fee for a certificate at the same fee as for an operator's license; establish an initial application fee of "$100"; prohibit certificate holders from possessing an operator's license; prohibit certificate holders from operating a commercial motor vehicle; subject certificate holders to existing penalties for DUI and driving on a suspended license.
HB 403: D. Floyd, T. Thompson, J. DeCesare – AN ACT relating to harvesting of catfish.
This bill would have regulated the harvesting of catfish by commercial anglers and the purchase of catfish by pay lakes by administrative regulation to ensure proper propagation and prevent depletion of catfish population and prohibited the transport of live catfish harvested in Kentucky out of state for commercial sale.
HB 434: T. McKee, W. Stone – AN ACT relating to the Board of Agriculture.
This bill would have required the Board of Agriculture to meet at least three times per year to consider the general agricultural, horticultural, and forestry interests of the state and to take the necessary steps for carrying out the purpose of the board.
HB 438: M. Meredith, K. Upchurch – AN ACT relating to all-terrain vehicles.
This bill would have permitted an all-terrain vehicle operator 16 years of age or older to cross a public roadway with a posted speed limit of 45 mph or less without protective headgear, to get from one ATV trail to another.
HCR 31: R. Meeks This resolution would have directed the Legislative Research Commission to study whether counties should be offered the option of conducting elections in centralized voting centers rather than in voting precincts.
This resolution would have directed Eastern Kentucky University, Kentucky State University, Morehead State University, Murray State University, Northern Kentucky University, the University of Kentucky, the University of Louisville, and Western Kentucky University to report their most recent research on cellulosic ethanol, including sweet sorghum, switchgrass, wood, and miscanthus to the Senate Standing Committee on Agriculture and the House Standing Committee on Agriculture and Small Business by January 7, 2014.
This bill would have proposed to amend Section 181 of the Kentucky Constitution to allow the Commonwealth to share state revenues with local governments and proposed to create a new section of the Kentucky Constitution to require the General Assembly to enact laws to allow cities and counties or any combination of cities or counties to impose a sales and use tax and to establish parameters for the imposition of a sales and use tax by cities and counties.
SB 88: P. Hornback, J. Carpenter, J. Higdon, J. Schickel – AN ACT relating to telecommunications.
This bill would have established an alternative regulation plan for telephone utilities that operate under the price regulation plan in KRS 278.543 and eliminated Public Service Commission regulation of terms, conditions, rates, and availability of service, except basic local exchange service. It would have required electing utilities to continue to offer basic local exchange service to existing customers in some exchanges and provided that an electing utility may be relieved of that obligation if there is alternative service available.
SB 127: P. Hornback – AN ACT relating to the grain indemnity fund. This bill would have deleted grain storage establishments bonded and licensed under federal law, changed the application requirements for a warehouseman license and exempted grain dealers who are also in the business of grain storage from licensing fees and bonding requirements.
SB 134: W. Blevins Jr. – AN ACT relating to sand and gravel operations.
This bill would have required the Energy and Environment Cabinet to establish a permit for sand and gravel operations, a permit application, and a permit fee which shall be set forth in administrative regulation and exempted sand and gravel operations from creeks and streams from permit requirements and required persons that remove sand and gravel removal from streams to register with the cabinet, use best management practices, and identify the location of the excavation site.
SB 183: R. Jones II – AN ACT relating to lobbyists.
This bill would have prohibited lobbyists from contacting a member of the General Assembly about issues, bills, or proposals under consideration during a regular or extraordinary session.
This bill would have proposed the creation of a new section of the Constitution of Kentucky to allow the General Assembly to allow local governments to impose a limited-purpose sales and use tax to fund specific projects and required voter approval of the levy.
Tagged Post Topics Include: Action Alert, Education, Environment, Kentucky General Assembly, Taxes, Water quality, Wildlife
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