HB 3/FN (BR 12) - T. Thompson, R. Palumbo, M. Denham, B. Housman, M. King, D. Pasley, S. Riggs, T. Riner
AN ACT relating to economic development and making an appropriation therefor.
Amend and create various sections of Subchapter 34 of KRS Chapter 154 to expand the application of incentives available; allow recovery of up to 100 percent of eligible skills upgrade training costs; 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 Subchapters 22, 23, 24, and 28 of KRS Chapter 154; 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; create new sections of KRS Chapter 154 to date-limit the provisions of the Kentucky Enterprise Initiative Act and 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 of KRS Chapter 154 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, make the credit refundable, and 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 KRS 148.851, 148.853, 148.855, 148.857, 148.859, and 139.770 to amend language relating to lodging facilities and make technical corrections; create a new section of KRS 148.851 to 148.860 to require enhanced reporting; create new sections of KRS Chapters 148 and 141 to establish a refundable income tax credit for the production of films and establish the Kentucky Film Commission; amend KRS 45A.690, 45A.695, 45A.705, and 45A.725 to require film credit tax incentive agreements to be reviewed by the Government Contract Review Committee; 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; establish a new section of KRS 148.851 to 148.860 to provide incentives for legacy expansion projects; amend KRS 65.7043, 65.7045, 65.7049 and 65.7053 to expand the type of properties that qualify to be included in a tax increment financing development area; amend KRS 65.680 and create a new section of KRS 65.680 to 65.699 to extend the termination date for certain local tax increment financing projects; amend KRS 138.510 to revise pari-mutuel tax incentives for an international horse racing event held in Kentucky; provide that the minimum capital investment for signature tax increment financing projects with agreements executed prior to January 1, 2008, can be reduced from $200 million to $100 million; amend 2008 Kentucky Acts Chapter 127, Part II, Capital Projects Budget; J. Postsecondary Education; 8. University of Kentucky, to adjust project authorizations; create a new subchapter of KRS Chapter 154 and corresponding new sections in KRS Chapter 141 to establish small business economic development incentives; authorize the transfer of land known as the Glendale site for use for a manufacturing facility for lithium-ion battery cells and supporting or associated facilities; create a new section of KRS Chapter 141 to establish a railroad maintenance and improvement tax credit for Class II and Class III railroads; create a new section of KRS Chapter 141 to establish a railroad expansion credit for corporations or railway companies that expand or upgrade railroad track roadbeds, bridges, and related track structures to accommodate the transport of fossil energy resources or biomass resources; amend KRS 230.752, 154.20-033, 141.0205, and 141.415 to conform; repeal KRS 141.416, 154.34-030, 154.34-040, 154.34-050, and 154.34-060.
HB 3 - AMENDMENTS
HCS/FN - Retain original provisions except reduce the minimum wage target levels in the combined credit program to 125% of federal minimum wage in enhanced incentive counties and 150% of federal minimum wage in other counties; make technical corrections.
HFA (1, J. Wayne) - Increase the minimum wage targets to 150% of the federal minimum wage in enhanced incentive counties and 175% of federal minimum wage in all other counties.
HFA (2, L. Combs) - Create a new section of KRS Chapter 139 to allow a governmental entity to receive a rebate of the sales tax generated by the sale of admissions to a public facility and the sale of tangible personal property at the public facility.
SCS/LM - Retain original provisions; amend the combined credits program to require eligible companies to pay at least 90% of all new employees whose jobs were created as a result of the project at the target wage levels and to require General Assembly approval for advance disbursements; amend language relating to transfer of the Glendale site to delete specific reference to ion battery manufacturer, and to prohibit subdivision of the land for unrelated purposes; establish KRS Chapter 175B and create new sections thereof to: provide definitions; establish the Kentucky Public Transportation Infrastructure Authority, specify membership, meeting requirements, staffing, and operations; state the purpose and powers of the authority; direct how potential projects are evaluated, proposed, and approved; establish how bi-state authorities may be created; establish how project authorities may be created; permit tolling; establish requirements for level of tolling; direct how proceeds of tolls and other revenues shall be used; permit authority to contract with the department for construction and operations; specify that the authority shall maintain control of projects and revenues from projects; authorize projects constructed by the authority to include interchanges with existing roadways; permit authority to issue administrative regulations, permit public utilities to utilize rights of way under specific circumstances; permit agreements for use of real estate assets of the authority by the Commonwealth; authorize issuance of bonds; state that bonds are not a debt of the Commonwealth; permit incidental use of rights of way for specified purposes; authorize trust relationships; authorize state agencies and localities to invest in bonds; exempt bonds from state taxation; allow authority to contract for provision of maintenance services; direct how projects shall revert to ownership of the Commonwealth when all bonds are retired; require issuance of an annual report and require an annual audit; prohibit officers and employees from directly investing in authority bonds; indemnify board members and employees from personal liability; authorize previous planning and other work to become a part of the function of the authority; amend KRS 152.725 and 154.27-020 to include tar sands as a permissible feedstock; amend KRS 154.30-010 to allow 5 years for activation for tax increment financing projects with tax incentive agreements executed prior to January 1, 2008; create a new section of KRS Chapter 141 to establish an income tax credit for new home buyers; amend the 2008 budget bill to authorize the purchase of property by the Jefferson CTC from restricted funds; create a new section of KRS 138.510 to 138.550 to define terms; amend KRS 138.510 to modify the pari-mutuel tax exemption for the Breeder's Cup, and to impose an excise tax of 1.5% of taxable handle of each track; amend KRS 138.530 and 138.550 to conform; create a new section of KRS Chapter 138 to impose a 10% surcharge on the purchase of lottery tickets; create a new section of KRS Chapter 138 to impose a 10% surcharge on persons engaging in charitable gaming; amend KRS 238.505, 238.536, and 238.550, 230.3773, and 230.265 to conform; create a new section of KRS Chapter 230 to establish the Kentucky equine industry enhancement fund and to direct the disposition of amounts deposited in the fund; direct the Personnel Cabinet to transfer $7 million from the public employee health insurance trust fund to the Kentucky Horse Racing Authority as a loan to be used to support purses at race tracks holding race meetings this summer; repeal the following additional sections: KRS 47.012, KRS 181.850, 181.851, 181.852, 181.853, 181.854, 181.855, 181.856, 181.857, 181.858, 181.859, 181.860, 181.861, 181.862, 181.863, 181.864, 181.865, 181.866, 181.867, 181.868, and 181.869; declare an EMERGENCY.
SCA (1, T. Shaughnessy) - Delete section 111 of the bill establishing a surcharge on charitable gaming; delete sections 112, 113, and 114 to conform; make various changes to conform.
SCA (2/Title, C. Borders) - Make title amendment.
CCR - Retain original provisions except make technical corrections, amend KRS 148.853 to allow the amendment of incentive agreements of certain companies to extend the agreement for up to 2 years if the approved company agrees to reinvest amounts received during the extension of the original project; create a new section of Subchapter 30 of KRS Chapter 154 to require the Kentucky Economic Development Authority to establish a loan support program for agencies with signature projects approved under KRS 154.30-050(2)(a) prior to January 1, 2008, and to direct the terms and conditions of the program; amend the provisions relating to the establishment of various transportation infrastructure authorities to insert in several places language stating that a financial plan shall not be approved if the plan contains expected appropriations by the General Assembly beyond those appropriated in the most recently enacted biennial highway construction plan; amend KRS 141.010 to provide a military pay exemption beginning January 1, 2010; amend KRS 138.450 and create a new section of KRS 138.455 to 138.470 to provide a trade-in allowance when a used car is traded at the same time a new car is purchased, beginning September 1, 2009, and ending August 31, 2010, subject to a $25 million cap, direct the Department of Revenue to establish the parameters for implementation of the allowance; delete appropriations provisions; delete provisions relating to the equine purse program; make title amendment.
Jun 15-introduced in House; to Appropriations & Revenue (H); taken from Appropriations & Revenue (H); 1st reading; returned to Appropriations & Revenue (H); posting waived
Jun 16-taken from Appropriations & Revenue (H); 2nd reading; returned to Appropriations & Revenue (H); reported favorably, to Rules with Committee Substitute ; placed in the Orders of the Day for Wednesday, June 17, 2009
Jun 17-floor amendments (1) and (2) filed to Committee Substitute ; 3rd reading; floor amendment (1) defeated ; passed 97-1 with Committee Substitute, floor amendment (2) ; received in Senate; taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S)
Jun 18-to Appropriations & Revenue (S); taken from Appropriations & Revenue (S); 2nd reading; returned to Appropriations & Revenue (S)
Jun 19-reported favorably, to Rules with Committee Substitute, committee amendments (1) and (2-title) ; posted for passage in the Regular Orders of the Day for Friday, June 19, 2009; 3rd reading, passed 32-0-1 with Committee Substitute, committee amendments (1) and (2-title)
Jun 22-received in House; posted for passage for concurrence in Senate Committee Substitute, committee amendments (1) and (2-title); House refused to concur in Senate Committee Substitute, committee amendments (1) and (2-title) ; received in Senate
Jun 23-posted for passage for receding from Senate Committee Substitute, committee amendments (1) and (2-title); Senate refused to recede from Committee Substitute, committee amendments (1) and (2-title) ; Conference Committee appointed in House and Senate
Jun 24-Conference Committee report filed in House and Senate; posted for passage for consideration of Conference Report ; Conference Committee report adopted in Senate; Bill passed 35-0; received in House; posted for passage for consideration of Conference Report ; Conference Committee report adopted in House; Bill passed 86-10; enrolled, signed by each presiding officer; delivered to Governor
Jun 26-signed by Governor