HB 229/FN (BR 516) - T. Thompson, R. Palumbo, E. Ballard, W. Coursey, J. DeCesare, M. Denham, M. Henley, J. Hoover, D. Horlander, B. Housman, B. Montell, F. Nesler, D. Osborne, D. Pasley, S. Riggs, A. Smith, D. Watkins, A. Webb-Edgington, B. Yonts
AN ACT relating to economic development.
Amend Subchapter 34 of KRS Chapter 154 to expand the application of incentives available, to allow recovery of up to 100% of eligible skills upgrade training costs, and to allow an advance disbursement; create a new subchapter of KRS Chapter 154 and a new section in KRS Chapter 141 to replace existing economic development programs in KRS Chapter 154 Subchapters 22, 23, 24, and 28; create a new subchapter of KRS Chapter 154 and a new section in KRS Chapter 141 to establish an income tax credit program for employers who hire at least 5 new employees and who pay qualifying tuition expenses for employees, Create a new section of KRS Chapter 141 to establish an income tax credit for tuition and other educational expenses paid by a taxpayer who is a party to the Metropolitan College Consortium Agreement as of the effective date of the Act; date-limit the provisions of the Kentucky Enterprise Initiative Act and create a new subchapter of KRS Chapter 154 to establish a new incentive program substantially the same as the Kentucky Enterprise Initiative Act with the addition of the purchase of data processing equipment under the $5 million cap; create new sections of Subchapters 22, 23, 24, and 28 to date-limit the application of those subchapters to projects approved prior to the effective date of the Act; create a new section of KRS Chapter 141 to establish a cross-walk for the historic preservation tax credit provisions; amend KRS 171.396 and 171.397 to increase the historic preservation incentive cap from $3 million to $5 million, to make the credit refundable, and to make technical corrections; create a new section of KRS Chapter 139 to establish a sales and use tax refund for companies who purchase and install communication systems and computer systems; amend the provisions of KRS 148.851, 148.853, 148.855, 148.857, 148.859, and 139.770 to amend language relating to lodging facilities and to make technical corrections; create new sections of KRS Chapter 148 to establish a refundable income tax credit for the production of films; create a new section of KRS Chapter 148 to establish the Kentucky Film Commission;
amend KRS 154.20-033, 141.0205, and 141.415 to conform; repeal KRS 141.415, 154.34-030, 154.34-040, 154.34-050, and 154.34-060.
HB 229 - AMENDMENTS
HCS (1/FN) - Retain original provisions; include a Kentucky wage component in calculating the amount of the advance disbursement allowed in the combined program; make the historic preservation credits transferable or refundable; make technical corrections; amend KRS 141.310 and 141.350 to conform.
HCS (2/FN) - Retain original provisions with the following changes: amend the reinvestment program provisions to reduce the minimum investment level from $10 million to $2.5 million, and delete the advance disbursement; amend the combined credits program to identify enhanced incentive counties, to establish a minimum wage requirement for counties that are not enhanced incentive counties of 175% of the federal minimum wage, to add benefits requirements, and allow approved companies in enhanced incentive counties to impose a wage assessment of up to 5% with no required participation from local governments; delete the tuition credit for employers; amend the tuition credit for Metropolitan College to define Metropolitan College, to limit the tax credits to payments made on behalf of employees attending Metropolitan College, and to sunset the tax credit on April 15, 2013; amend the new sales tax incentive for the purchase of communications or data processing equipment to reduce the minimum investment from $200 million to $100 million; amend the Tourism Development Act to include reporting requirements; amend the film industry incentives to include national touring companies for Broadway shows produced in Kentucky, to require the agreement to be approved by the Tourism Development Authority, to require that agreements be submitted to the Government Contract Review Committee, and to add additional reporting requirements; create a new section of KRS Chapter 176 to provide that railroad crossings, railroad spurs that access industrial parks, and shortline railroads at or near intersections with roadways be considered roads.
HFA (1, R. Damron) - Include railroad spurs that connect economic development projects as a cost of the project; create a new section of KRS Chapter 176 to include railroad crossings as an acceptable use of road funds.
HFA (2, R. Webb) - Create a new section of KRS Chapter 131 to require the Department of Revenue to collect and report specific data to designated staff of the Legislative Research Commission no later than July 1 of each year.
HFA (3, J. Wayne) - Create a definition of "Metropolitan College" and require that in order for a taxpayer to be eligible for the tax credit, it shall be a partner in the Metropolitan College.
HFA (4, H. Moberly Jr.) - Retain original provisions; establish an annual cap for the tuition assistance credit of five million dollars.
HFA (5, H. Moberly Jr.) - Retain original provisions; allow the tuition assistance credit to be claimed only for employees who are Kentucky residents.
HFA (6, J. Jenkins) - Clarify the definition of "minimum wage target" to be the greater of 150 percent of the federal minimum wage or 75 percent of the average hourly wage for the county in which the project is to be located; clarify that to qualify for the project, the eligible company shall provide employee benefits equal to at least fifteen percent of the hourly wage paid to each employee.
HFA (7, H. Moberly Jr.) - Amend various sections to change the refundable credit to a nonrefundable credit.
HFA (8, H. Moberly Jr.) - Amend a new section created in KRS Chapter 141 to sunset the film industry tax incentives; authorize a study of the film industry tax incentives and KRS 139.538.
SCS/FN - Retain original provisions; amend provisions relating to the film industry incentives to reduce the level of investment for touring Broadway shows from $500,000 to $50,000; establish a new income tax credit for purchasers of new homes who do not qualify for the federal income tax credit; attach the provisions of HB 521, except delete provisions included in that bill that require incentives to be adjusted based upon the employment of Kentucky residents during the construction of the project; attach the provisions of Senate Bill 110, except amend to correct drafting errors; attach the provisions of HB 395; attach the provisions of HB 279; attach the provisions of HB 497, except amend to include all projects with agreements executed prior to January 1, 2008; establish an exemption from the pari-mutuel tax during an international horse racing event under certain conditions, during a one day event at a track authorized to conduct live racing for a minimum of 30 days in a calendar year, and for tracks conducting telephone account wagering participating as receiving tracks in intertrack wagering during the international horse racing event if the host tract is exempt from the pari-mutuel tax during the event; amend 2008 Kentucky Acts Chapter 127, Part II, Capital Projects Budget; J. Postsecondary Education; 8. University of Kentucky, to adjust project authorizations; amend KRS 243.050 to allow the issuance of a license to a convention center if the cost of the convention center was supported by at least $10 million in public funding and the convention center is located in a city that has voted to discontinue prohibition in any way; attach the provisions of HB 26 except amend to make technical changes; attach the provisions of HB 299.
SCA (1/Title, D. Kelly) - Make title amendment.
SCA (2, J. Denton) - Attach the provisions of SB 85.
Feb 3-introduced in House
Feb 4-to Economic Development (H)
Feb 9-posted in committee
Feb 12-reported favorably, 1st reading, to Calendar
Feb 13-2nd reading, to Rules; recommitted to Appropriations & Revenue (H)
Feb 24-posting waived
Feb 27-floor amendments (1) (2) and (3) filed to Committee Substitute ; reported favorably, to Rules with Committee Substitute
Mar 2-posted for passage in the Regular Orders of the Day for Tuesday, March 3, 2009; floor amendments (4) (5) (6) (7) and (8) filed to Committee Substitute
Mar 4-taken from the Regular Orders of the Day; recommitted to Appropriations & Revenue (H); posted in committee
Mar 9-reported favorably, 2nd reading, to Rules with Committee Substitute (2) ; taken from Rules committee; placed in the Orders of the Day
Mar 10-3rd reading, passed 96-1 with Committee Substitute (2) ; received in Senate; taken from Committee on Committees; 1st reading; returned to Committee on Committees (S)
Mar 11-to Economic Development, Tourism & Labor (S); taken from committee; 2nd reading; returned to Economic Development, Tourism & Labor (S)
Mar 13-reported favorably, to Rules with Committee Substitute, committee amendments (1-title) and (2) ; posted for passage in the Consent Orders of the Day for Friday, March 13, 2009; 3rd reading, passed 37-0 with Committee Substitute, committee amendments (1-title) and (2) ; received in House