Kentucky 2023 Regular Session Status: Enacted

HB 303 — AN ACT relating to economic development.

Last action — signed by Governor (Acts Ch. 75)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2023. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amend KRS 11.200 and 12.020 to rename the Office of Entrepreneurship and Small Business Innovation to the Office of Entrepreneurship and Innovation within the Cabinet for Economic Development; amend KRS 12.020 to rename the Department for Business Development to the Department for Business and Community Development, the Incentive Administration Division to the Program Administration Division, the Office of Marketing and Public Affairs to the Office of Strategy and Public Affairs, the Communications Division to the Marketing and Communications Division, the Graphic Design Division to the Research and Strategy Division, and eliminate the Office of Workforce, Community Development and Research; amend KRS 12.020 to create the Development and Retention Division - West Kentucky, the Development, Retention, and Administrative Division - Central and East Kentucky, and Community and Workforce Development Division within the Department for Business and Community Development; amend KRS 154.12-2035, 154.20-230, 154.12-277, 154.12-278, 154.12-310, 154.60-010, 154.60-020, 164.6017, 164.6021 and 164.6023 to reflect the new name of the Office of Entrepreneurship and Innovation; amend KRS 154.12-204 to include companies engaged in hydrogen transmission as qualified companies in the Bluegrass State Skills Corporation Grant-in-Aid and Skills Training Investment Credit programs; amend KRS 154.12-207 to increase the application limit from $200,000 to $500,000; amend KRS 154.12-223 to reorganize the Department for Business and Community Development; amend KRS 154.12-224 to reorganize the Department for Financial Services within the Cabinet for Economic Development; amend KRS 154.12-275 to reorganize the Office of Strategy and Public Affairs within the Cabinet for Economic Development; amend KRS 154.20-190 to change reporting deadline to November 1; amend KRS 154.20-583, 154.20-586, and 154.20-589 to modify the Western Kentucky Risk Assistance Fund to specify that eligible companies may apply for other programs administered by the Cabinet for Economic Development, to change the cap on the amount of loan loss payments to $100,000,000 that is proportionally reduced as the loss payments are disbursed, and to provide for a 1% administrative fee; amend KRS 154.25-040 to address recent changes in the income tax statutes; amend KRS 154.31-010 to include companies engaged in hydrogen transmission as eligible companies in the Kentucky Enterprise Initiative Act and to add a definition for "tourism attraction"; amend KRS 154.32-010 and 154.32-020 to include companies engaged in hydrogen transmission as eligible companies in the Kentucky Business Initiative program; amend KRS 154.32-050 to allow disaster relief areas declared by state or federal agencies on or after December 1, 2022, to be included in the enhanced county classification; amend KRS 154.32-090 to change the wage assessment calculation under the Kentucky Business Initiative program to address recent changes in the income tax statutes; amend KRS 154.34-010 to include companies engaged in hydrogen transmission as eligible companies in the Kentucky Reinvestment Act; amend KRS 154.61-010 to include the definitions of "cabinet" and "loan-out entity" and to expand the definition of "employee"; amend KRS 154.61-020 and 154.61-030 to revise the duties and responsibilities of the Cabinet for Economic Development and the approved companies under the Kentucky Entertainment Initiative program; amend KRS 141.310, 141.350, and 141.383 to conform; repeal KRS 141.401, 154.12-276, 154.23-005, 154.23-010, 154.23-015, 154.23-020, 154.23-025, 154.23-030, 154.23-035, 154.23-040, 154.23-045, 154.23-050, 154.23-055, 154.23-060, 154.23-065, 154.23-070, 154.23-075, 154.23-079, 154.23-080, 154.47-040, 154.47-065, 154.80-140, and 154.80-310; amend KRS 141.0205, 154.20-170, 154.47-005 and 174.205 to conform.

Bill Text

What changed in the latest version

2525 added · 3269 removed

2525 line(s) added, 3269 removed.

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UNOFFICIAL COPY 23 RS HB 303/EN AN ACT relating to economic development.
CHAPTER 75 1 CHAPTER 75 ( HB 303 ) AN ACT relating to economic development.
Page 1 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (4) All members shall be appointed by the Governor for a term of four (4) years, except that the original appointments shall be staggered so that three (3) appointments shall expire at one (1) year, three (3) appointments shall expire at two (2) years, and three (3) appointments shall expire at three (3) years, and four (4) appointments shall expire at four (4) years from the dates of initial appointment.
(4) All members shall be appointed by the Governor for a term of four (4) years, except that the original appointments shall be staggered so that three (3) appointments shall expire at one (1) year, three (3) appointments shall expire at two (2) years, and three (3) appointments shall expire at three (3) years, and four (4) appointments shall expire at four (4) years from the dates of initial appointment.
It is not intended that this enumeration of administrative bodies be all-inclusive.
It is not intended that this enumeration of administrative bodies be all- inclusive.
Every authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any Page 2 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN other form of organization shall be included in or attached to the department or program cabinet in which they are included or to which they are attached by statute or statutorily authorized executive order;
Every authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization shall be included in or attached to the department or program cabinet in which they Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY are included or to which they are attached by statute or statutorily authorized executive order;
Page 3 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 1.
1.
(g) Office of Legal Services.
CHAPTER 75 3 (g) Office of Legal Services.
Page 4 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (o) Office of Financial Management Services.
(o) Office of Financial Management Services.
Page 5 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 5.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 5.
Page 6 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 2.
2.
1.
CHAPTER 75 5 1.
Page 7 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (i) Department of Insurance.
(i) Department of Insurance.
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
Page 8 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (f) Office of Support Services.
(f) Office of Support Services.
Page 9 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (6) Cabinet for Health and Family Services:
(6) Cabinet for Health and Family Services:
7.
CHAPTER 75 7 7.
Page 10 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (f) Office of Administrative Services.
(f) Office of Administrative Services.
(a) Kentucky Department of Tourism.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Kentucky Department of Tourism.
Page 11 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 3.
3.
Page 12 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 7.
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CHAPTER 75 9 12.
Page 13 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (r) Kentucky Artisans Center at Berea.
(r) Kentucky Artisans Center at Berea.
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
Page 14 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 5.
5.
Page 15 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN a.
a.
4.
CHAPTER 75 11 4.
Page 16 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (u) Kentucky Commission on Proprietary Education.
(u) Kentucky Commission on Proprietary Education.
(10) Kentucky Communications Network Authority.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (10) Kentucky Communications Network Authority.
(3) If wages are paid by an employer without regard to any payroll period or other period, the amount to be deducted and withheld shall be that applicable in the case of a miscellaneous payroll period containing a number of days equal to the number of days, including Sundays and holidays, which have elapsed since the date of the last payment of wages by the employer during the calendar year, or the date of Page 17 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN commencement of employment with the employer during the year, or January 1 of the year, whichever is the later.
(3) If wages are paid by an employer without regard to any payroll period or other period, the amount to be deducted and withheld shall be that applicable in the case of a miscellaneous payroll period containing a number of days equal to the number of days, including Sundays and holidays, which have elapsed since the date of the last payment of wages by the employer during the calendar year, or the date of commencement of employment with the employer during the year, or January 1 of the year, whichever is the later.
Page 18 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (9) Effective January 1, 1992, any employer required by this section to withhold Kentucky income tax who assesses and withholds from employees the job assessment fee provided in KRS 154.24-110 may offset a portion of the fee against the Kentucky income tax required to be withheld from the employee under this section.
(9) Effective January 1, 1992, any employer required by this section to withhold Kentucky income tax who assesses and withholds from employees the job assessment fee provided in KRS 154.24-110 may offset a portion of the fee against the Kentucky income tax required to be withheld from the employee under this section.
(12) Any employer required by this section to withhold Kentucky income tax who assesses and withholds from employees the wage[job development] assessment fee provided in Section 20 of this Act[KRS 154.23-055] may offset a portion of the fee against the Kentucky income tax required to be withheld from the employee under this section.
(12) Any employer required by this section to withhold Kentucky income tax who assesses and withholds from employees the wage[job development] assessment fee provided in Section 20 of this Act[KRS 154.23-055] may offset a portion of the fee against the Kentucky income tax required to be withheld from the employee CHAPTER 75 13 under this section.
The amount of the offset shall be equal to the amount of the Kentucky income tax credit authorized for the assessed employee who is entitled to receive a simultaneous adjustment resulting from an approved jobs retention project as provided in Section 20 of this Act[the Commonwealth's contribution as determined Page 19 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN by KRS 154.23-055(1) to (3)].
The amount of the offset shall be equal to the amount of the Kentucky income tax credit authorized for the assessed employee who is entitled to receive a simultaneous adjustment resulting from an approved jobs retention project as provided in Section 20 of this Act[the Commonwealth's contribution as determined by KRS 154.23-055(1) to (3)].
The amount deducted and withheld as tax under KRS 141.310 and 141.315 during any calendar year upon the wages of any individual and the amount of credit described in KRS 154.22-070(2), [154.23-055, ]154.24-110, 154.24-150(3) and (4), Section 20 of this Page 20 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN Act, 154.26-100(2), 154.27-080, 154.28-110, or 154.32-090 shall be allowed as a credit to the recipient of the income against the tax imposed by KRS 141.020, for taxable years beginning in the calendar year.
The amount deducted and withheld as tax under KRS 141.310 and 141.315 during any calendar year upon the wages of any individual and the amount of credit described in KRS 154.22-070(2), [154.23-055, ]154.24-110, 154.24- 150(3) and (4), Section 20 of this Act, 154.26-100(2), 154.27-080, 154.28-110, or 154.32-090 shall be allowed as a credit to the recipient of the income against the tax imposed by KRS 141.020, for taxable years beginning in the calendar year.
(a) "Above-the-line production crew" has the same meaning as in KRS 154.61- 010;
(a) "Above-the-line production crew" has the same meaning as in KRS 154.61-010;
(d) "Below-the-line production crew" has the same meaning as in KRS 154.61- 010;
(d) "Below-the-line production crew" has the same meaning as in KRS 154.61-010;
A nonrefundable and nontransferable credit for applications approved on Page 21 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN or after April 27, 2018, but before January 1, 2022;
A nonrefundable and nontransferable credit for applications approved on or after April 27, 2018, but before January 1, 2022;
and 3.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 3.
Page 22 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (a) The department has received notification from the authority that the approved company has satisfied all requirements of KRS 154.61-020 and 154.61-030;
(a) The department has received notification from the authority that the approved company has satisfied all requirements of KRS 154.61-020 and 154.61-030;
Page 23 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (c) The taxable year in which the taxpayer claimed the tax credit;
(c) The taxable year in which the taxpayer claimed the tax credit;
1.
CHAPTER 75 15 1.
(8) The information required to be reported under this section shall not be considered confidential taxpayer information and shall not be subject to KRS Chapter 131 or Page 24 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN any other provisions of the Kentucky Revised Statutes prohibiting disclosure or reporting of information.
(8) The information required to be reported under this section shall not be considered confidential taxpayer information and shall not be subject to KRS Chapter 131 or any other provisions of the Kentucky Revised Statutes prohibiting disclosure or reporting of information.
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The report shall include all projects approved in the preceding fiscal year and shall provide for these projects the information specified in subsection (1) of this section plus aggregate data for each program, summary evaluations of program activity and effectiveness, and anything Page 25 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN required by statute to be reported for any particular program.
The report shall include all projects approved in the preceding fiscal year and shall provide for these projects the information specified in subsection (1) of this section plus aggregate data for each program, summary evaluations of program activity and effectiveness, and anything required by statute to be reported for any particular program.
(a) The electronic database required in subsection (1) of this section shall include the Bluegrass State Skills Corporation, grants-in-aid and skills training investment credit;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) The electronic database required in subsection (1) of this section shall include the Bluegrass State Skills Corporation, grants-in-aid and skills training investment credit;
(3) "Applicant" means a business or industry that has made application for a grant-in- Page 26 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN aid or skills training investment credit as authorized by KRS 154.12-205 to 154.12- 208;
(3) "Applicant" means a business or industry that has made application for a grant-in-aid or skills training investment credit as authorized by KRS 154.12-205 to 154.12-208;
(10) "Educational institution" means a public or nonpublic secondary or postsecondary Page 27 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN institution or an independent provider within the Commonwealth authorized by law to provide a program of skills training or education beyond the secondary school level or to adult persons without a high school diploma or its equivalent;
(10) "Educational institution" means a public or nonpublic secondary or postsecondary institution or an independent provider within the Commonwealth authorized by law to provide a program of skills training or education beyond the secondary school level or to adult persons without a high school diploma or its equivalent;
If the qualified company does not provide employee benefits equal to at least fifteen percent (15%) of the minimum base hourly wage, the qualified company may still qualify if it provides the full-time employee total hourly compensation equal to or greater than one hundred fifteen percent (115%) of the minimum base hourly wage through increased hourly wages combined with at least one (1) company-paid employee benefit;
If the qualified company does not provide employee benefits equal to at least fifteen percent (15%) of the minimum base hourly wage, the qualified CHAPTER 75 17 company may still qualify if it provides the full-time employee total hourly compensation equal to or greater than one hundred fifteen percent (115%) of the minimum base hourly wage through increased hourly wages combined with at least one (1) company-paid employee benefit;
(20) "Occupational upgrade training" means employee training sponsored by a qualified Page 28 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN company that is designed to qualify the employee for a promotional opportunity with the qualified company;
(20) "Occupational upgrade training" means employee training sponsored by a qualified company that is designed to qualify the employee for a promotional opportunity with the qualified company;
(b) "Qualified company" does not include companies where the primary activity to be conducted within the Commonwealth is forestry, fishing, the provision Page 29 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN of utilities, construction, wholesale trade, retail trade, real estate, rental and leasing, accommodation and food services, or public administration services;
(b) "Qualified company" does not include companies where the primary activity to be conducted within the Commonwealth is forestry, fishing, the provision of utilities, construction, wholesale trade, retail trade, real estate, rental and leasing, accommodation and food services, or public administration services;
(25) "Skills training investment credit" means the credit against Kentucky income tax imposed by KRS 141.020 or 141.040, and the limited liability entity tax imposed by KRS 141.0401, as provided in this subchapter;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (25) "Skills training investment credit" means the credit against Kentucky income tax imposed by KRS 141.020 or 141.040, and the limited liability entity tax imposed by KRS 141.0401, as provided in this subchapter;
(2) The corporation may, in accordance with KRS 154.12-204 to 154.12-208, award a Page 30 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN skills training investment credit to an approved company.
(2) The corporation may, in accordance with KRS 154.12-204 to 154.12-208, award a skills training investment credit to an approved company.
(c) The program must involve an area of skills upgrade training, occupational Page 31 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN upgrade training, and education which is needed by a qualified company and for which a shortage of qualified individuals exists within the Commonwealth;
(c) The program must involve an area of skills upgrade training, occupational upgrade training, and education which is needed by a qualified company and for which a shortage of qualified individuals exists within the Commonwealth;
(1) There is created within the Cabinet for Economic Development the Department for Business and Community Development, which shall be headed by a commissioner appointed by the Governor.
CHAPTER 75 19 (1) There is created within the Cabinet for Economic Development the Department for Business and Community Development, which shall be headed by a commissioner appointed by the Governor.
Page 32 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (a) Providing customer service and project management with new and existing industries;
(a) Providing customer service and project management with new and existing industries;
and (b) The Waterway Marina Development Program established by KRS 154.80- 310].
and (b) The Waterway Marina Development Program established by KRS 154.80-310].
The department shall coordinate administration and monitoring of all financial assistance, tax credit, and related programs available for business and industry and shall provide all budgeting, accounting, personnel services, and information technology necessary for proper Page 33 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN administration of the cabinet and cabinet programs.
The department shall coordinate administration and monitoring of all financial assistance, tax credit, and related programs available for business and industry and shall provide all budgeting, accounting, personnel services, and information technology necessary for proper administration of the cabinet and cabinet programs.
(a) The Marketing and Communications Division;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) The Marketing and Communications Division;
and Page 34 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (b) The Research and Strategy[Graphics Design] Division.
and (b) The Research and Strategy[Graphics Design] Division.
The report shall be available on the Cabinet for Economic Development web page Page 35 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN as required by KRS 154.12-2035;
The report shall be available on the Cabinet for Economic Development web page as required by KRS 154.12-2035;
(3) The high-tech construction pool shall be used for projects with a special emphasis on the creation of high-technology jobs and knowledge-based companies.
(3) The high-tech construction pool shall be used for projects with a special emphasis on the creation of high- technology jobs and knowledge-based companies.
The executive director, in administering the high-tech construction pool, shall recommend distribution of funds and projects to the Kentucky Economic Page 36 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN Development Finance Authority for its approval.
The executive director, in administering the high-tech construction pool, shall recommend distribution of funds and projects to the Kentucky Economic Development Finance Authority for its approval.
(4) The high-tech investment pool shall be used to build and promote technology- driven industries and research-intensive industries, as well as their related suppliers, with the goal of creating clusters of innovation-driven industries in Kentucky.
CHAPTER 75 21 (4) The high-tech investment pool shall be used to build and promote technology-driven industries and research- intensive industries, as well as their related suppliers, with the goal of creating clusters of innovation-driven industries in Kentucky.
Establishing uniform program application, protocol, and operating Page 37 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN guidelines when appropriate;
Establishing uniform program application, protocol, and operating guidelines when appropriate;
Page 38 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (b) "Qualifying former hospital" means a hospital facility:
(b) "Qualifying former hospital" means a hospital facility:
(2) (a) The rural hospital operations and facilities revolving loan fund is established.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) (a) The rural hospital operations and facilities revolving loan fund is established.
(a) Determine the terms and conditions of each loan, including the repayment to Page 39 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN be deposited back in the revolving loan fund for issuance of future loans to other rural hospitals;
(a) Determine the terms and conditions of each loan, including the repayment to be deposited back in the revolving loan fund for issuance of future loans to other rural hospitals;
(1) "Application" means a document submitted by small businesses and investors, on a Page 40 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN form supplied by the authority, for the purpose of requesting certification to participate in the program and to apply for a credit;
(1) "Application" means a document submitted by small businesses and investors, on a form supplied by the authority, for the purpose of requesting certification to participate in the program and to apply for a credit;
(8) "Fee" means a nonrefundable application fee in an amount set by the authority, to be collected by the authority to offset the cost of administering KRS 154.20-230 to 154.20-240;
CHAPTER 75 23 (8) "Fee" means a nonrefundable application fee in an amount set by the authority, to be collected by the authority to offset the cost of administering KRS 154.20-230 to 154.20-240;
(9) "Full-time employee" means a person that is required to work a minimum of thirty- five (35) hours per week and is subject to the tax imposed by KRS 141.020;
(9) "Full-time employee" means a person that is required to work a minimum of thirty-five (35) hours per week and is subject to the tax imposed by KRS 141.020;
(b) A "qualified activity" does not include any activity principally engaged in by Page 41 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN financial institutions, commercial development companies, credit companies, financial or investment advisors, brokerage or financial firms, other investment funds or investment fund managers, charitable and religious institutions, oil and gas exploration companies, insurance companies, residential housing developers, retail establishments, or any activity that the authority determines in its discretion to be against the public interest, against the purposes of KRS 154.20-230 to 154.20-240, or in violation of any law.
(b) A "qualified activity" does not include any activity principally engaged in by financial institutions, commercial development companies, credit companies, financial or investment advisors, brokerage or financial firms, other investment funds or investment fund managers, charitable and religious institutions, oil and gas exploration companies, insurance companies, residential housing developers, retail establishments, or any activity that the authority determines in its discretion to be against the public interest, against the purposes of KRS 154.20-230 to 154.20-240, or in violation of any law.
and (14) "Qualified small business" means an entity meeting the requirements of KRS 154.20-234 for qualified small businesses, and certified pursuant to KRS 154.20- 236.
and (14) "Qualified small business" means an entity meeting the requirements of KRS 154.20-234 for qualified small businesses, and certified pursuant to KRS 154.20-236.
(3) The eligible company shall submit all documentation, including documentation Page 42 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN evidencing expenditures, as required by the qualified lender.
(3) The eligible company shall submit all documentation, including documentation evidencing expenditures, as required by the qualified lender.
(a) Apply for all other available assistance that is not a commercial loan, including disaster relief assistance and insurance proceeds;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Apply for all other available assistance that is not a commercial loan, including disaster relief assistance and insurance proceeds;
Page 43 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (1) (a) There is hereby established in the State Treasury a trust and agency account to be known as the western Kentucky risk assistance fund.
(1) (a) There is hereby established in the State Treasury a trust and agency account to be known as the western Kentucky risk assistance fund.
(3) The western Kentucky risk assistance fund shall be used to provide loan loss support payments to qualified lenders for commercial loans that, in the aggregate, have outstanding principal balances not exceeding one hundred Page 44 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN million dollars ($100,000,000) and have been approved for enrollment in the program following the application process set forth in subsections (4) and (5) of this section.
(3) The western Kentucky risk assistance fund shall be used to provide loan loss support payments to qualified lenders for commercial loans that, in the aggregate, have outstanding principal balances not exceeding one hundred million dollars ($100,000,000) and have been approved for enrollment in the program following the application process set forth in subsections (4) and (5) of this section.
(b) Applications from qualified lenders shall be approved in the order in which the applications are received, with each qualified lender being limited to a maximum of applications totaling ten million dollars ($10,000,000) in commercial loans.
CHAPTER 75 25 (b) Applications from qualified lenders shall be approved in the order in which the applications are received, with each qualified lender being limited to a maximum of applications totaling ten million dollars ($10,000,000) in commercial loans.
Page 45 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (b) The qualified lender's status of good standing by the Department of Financial Institutions;
(b) The qualified lender's status of good standing by the Department of Financial Institutions;
(9) Inducements shall be paid in the order that requests for loss payments are received in accordance with subsection (6) of this section, as long as moneys are available in the fund from the initial funding or subsequent loss collection by qualified Page 46 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN lenders on commercial loans originating before December 31, 2027.
(9) Inducements shall be paid in the order that requests for loss payments are received in accordance with subsection (6) of this section, as long as moneys are available in the fund from the initial funding or subsequent loss collection by qualified lenders on commercial loans originating before December 31, 2027.
and b.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY b.
or (b) Up to four (4) times the forgone local wage assessment rate if the project is Page 47 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN located in a local jurisdiction where:
or (b) Up to four (4) times the forgone local wage assessment rate if the project is located in a local jurisdiction where:
(c) The local government or governments in which the project is located have a local occupational license fee equal to or greater than one percent (1%), and the local government or governments agree to forego an amount less than one Page 48 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN percent (1%), in which case the assessment shall equal the percentage that the local government or governments agree to forego plus a percentage that is four (4) times the percentage the local government or governments agree to forego;
(c) The local government or governments in which the project is located have a local occupational license fee equal to or greater than one percent (1%), and the local government or governments agree to forego an amount less than one percent (1%), in which case the assessment shall equal the percentage that the local government or governments agree to forego plus a percentage that is four (4) times the percentage the local government or governments agree to forego;
(4) If an approved company elects to impose the assessment as a condition of employment or the retention of employment, the approved company shall deduct the assessment from each paycheck of each employee subject to the provisions of Page 49 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN subsections (2) and (3) of this section.
(4) If an approved company elects to impose the assessment as a condition of employment or the retention of employment, the approved company shall deduct the assessment from each paycheck of each employee subject to the provisions of subsections (2) and (3) of this section.
(7) By October 1 of each year, the Department of Revenue shall certify to the authority, in the form of an annual report, aggregate tax credits claimed on tax returns filed during the taxable year ending June 30 of that year and wage assessment fees taken during the prior calendar year by approved companies with respect to their jobs retention projects under this subchapter, and shall certify to the authority, within one hundred eighty (180) days from the date an approved company has filed its state tax return, when an approved company has taken tax credits equal to its total inducements.
CHAPTER 75 27 (7) By October 1 of each year, the Department of Revenue shall certify to the authority, in the form of an annual report, aggregate tax credits claimed on tax returns filed during the taxable year ending June 30 of that year and wage assessment fees taken during the prior calendar year by approved companies with respect to their jobs retention projects under this subchapter, and shall certify to the authority, within one hundred eighty (180) days from the date an approved company has filed its state tax return, when an approved company has taken tax credits equal to its total inducements.
Page 50 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (6) "Carbon dioxide or hydrogen transmission pipeline" has the same meaning as in KRS 154.32-010;
(6) "Carbon dioxide or hydrogen transmission pipeline" has the same meaning as in KRS 154.32-010;
Page 51 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 8.
8.
(b) "Eligible company" does not include any company whose primary activity to be conducted within the Commonwealth is forestry, fishing, the provision of utilities, construction, wholesale trade, retail trade, real estate, rental and leasing, educational services, food services, or public administration services;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) "Eligible company" does not include any company whose primary activity to be conducted within the Commonwealth is forestry, fishing, the provision of utilities, construction, wholesale trade, retail trade, real estate, rental and leasing, educational services, food services, or public administration services;
(14) (a) "Equipment" means tangible personal property which is subject to depreciation under Sections 167 and 168 of the Internal Revenue Code, including assets which are expensed under Section 179 of the Internal Revenue Code, and that is used in the operation of a business.
(14) (a) "Equipment" means tangible personal property which is subject to depreciation under Sections 167 and of the Internal Revenue Code, including assets which are expensed under Section 179 of the Internal Revenue Code, and that is used in the operation of a business.
Page 52 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (18) "Manufacturing" has the same meaning as in KRS 154.32-010;
(18) "Manufacturing" has the same meaning as in KRS 154.32-010;
(c) An individual, and a limited liability company of which more than fifty percent (50%) of the capital interest or profits are owned or controlled, Page 53 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN directly or indirectly, by or for that individual;
(c) An individual, and a limited liability company of which more than fifty percent (50%) of the capital interest or profits are owned or controlled, directly or indirectly, by or for that individual;
1.
CHAPTER 75 29 1.
Page 54 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (g) A fiduciary of a trust and a beneficiary of that trust;
(g) A fiduciary of a trust and a beneficiary of that trust;
(n) An S corporation and another S corporation if the same persons own more Page 55 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN than fifty percent (50%) in value of the outstanding stock of each corporation;
(n) An S corporation and another S corporation if the same persons own more than fifty percent (50%) in value of the outstanding stock of each corporation;
or (p) Two (2) or more limited liability companies, if the same persons own more than fifty percent (50%) of the capital interest or are entitled to more than fifty percent (50%) of the capital profits in the limited liability companies;
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (p) Two (2) or more limited liability companies, if the same persons own more than fifty percent (50%) of the capital interest or are entitled to more than fifty percent (50%) of the capital profits in the limited liability companies;
13, Accounting for Leases, issued by the Page 56 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN Financial Accounting Standards Board, November 1976, as amended;
13, Accounting for Leases, issued by the Financial Accounting Standards Board, November 1976, as amended;
(17) (a) "Eligible company" means any corporation, limited liability company, Page 57 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN partnership, limited partnership, sole proprietorship, business trust, or any other entity with a proposed economic development project that is engaged in or is planning to be engaged in one (1) or more of the following activities within the Commonwealth:
(17) (a) "Eligible company" means any corporation, limited liability company, partnership, limited partnership, sole proprietorship, business trust, or any other entity with a proposed economic development project that is engaged in or is planning to be engaged in one (1) or more of the following activities within the Commonwealth:
2.
CHAPTER 75 31 2.
Page 58 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 4.
4.
Notwithstanding any other provision of this subsection, for economic development Page 59 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN projects that are not in enhanced incentive counties, the cost of equipment eligible for recovery as an eligible cost shall not exceed twenty thousand dollars ($20,000) for each new full-time job created as of the activation date;
Notwithstanding any other provision of this subsection, for economic development projects that are not in enhanced incentive counties, the cost of equipment eligible for recovery as an eligible cost shall not exceed twenty thousand dollars ($20,000) for each new full-time job created as of the activation date;
(20) "Energy-efficient alternative fuel production" means a Kentucky operation that produces for sale energy-efficient alternative fuels;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (20) "Energy-efficient alternative fuel production" means a Kentucky operation that produces for sale energy- efficient alternative fuels;
The payroll of this job is expensed to the economic Page 60 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN development project.
The payroll of this job is expensed to the economic development project.
The gasification production may produce electricity as a by- product if the primary function of the operations remains the production and sale of alternative transportation fuels, synthetic natural gas, chemicals, chemical feedstocks, or liquid fuels;
The gasification production may produce electricity as a by-product if the primary function of the operations remains the production and sale of alternative transportation fuels, synthetic natural gas, chemicals, chemical feedstocks, or liquid fuels;
Page 61 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (30) "Job target" means the annual average number of new full-time jobs that the approved company commits to create and maintain at the economic development project, which shall not be less than ten (10) new full-time jobs;
(30) "Job target" means the annual average number of new full-time jobs that the approved company commits to create and maintain at the economic development project, which shall not be less than ten (10) new full-time jobs;
(34) "Leased project" means an economic development project site occupied by an approved company pursuant to a lease agreement;
CHAPTER 75 33 (34) "Leased project" means an economic development project site occupied by an approved company pursuant to a lease agreement;
(37) "Owned project" means an economic development project owned in fee simple by the approved company or an affiliate, or possessed by the approved company or an Page 62 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN affiliate pursuant to a capital lease;
(37) "Owned project" means an economic development project owned in fee simple by the approved company or an affiliate, or possessed by the approved company or an affiliate pursuant to a capital lease;
(46) "Vital medications" means any drug or biologic used to prevent or treat a serious life-threatening disease or medical condition for which there is no other available Page 63 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN source with sufficient supply of that drug or biologic or alternative drug or biologic;
(46) "Vital medications" means any drug or biologic used to prevent or treat a serious life-threatening disease or medical condition for which there is no other available source with sufficient supply of that drug or biologic or alternative drug or biologic;
or (b) One hundred fifty percent (150%) of the federal minimum wage in all other counties.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) One hundred fifty percent (150%) of the federal minimum wage in all other counties.
Improvement in the quality of life for Kentucky citizens through the Page 64 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN creation of sustainable jobs with higher salaries;
Improvement in the quality of life for Kentucky citizens through the creation of sustainable jobs with higher salaries;
of this paragraph, the eligible company may still qualify for incentives if it provides the full-time employees hired as a result of the economic development project total hourly compensation equal to or greater than one hundred fifteen percent (115%) of the minimum wage requirement Page 65 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN established in subparagraph 1.
of this paragraph, the eligible company may still qualify for incentives if it provides the full-time employees hired as a result of the economic development project total hourly compensation equal to or greater than one hundred fifteen percent (115%) of the minimum wage requirement established in subparagraph 1.
(4) The General Assembly hereby finds and declares that the authority granted in this subchapter and the purposes accomplished hereby are proper governmental and public purposes for which public moneys may be expended, and that the inducement of the location of economic development projects within the Commonwealth is of paramount importance to the economic well-being of the Commonwealth.
CHAPTER 75 35 (4) The General Assembly hereby finds and declares that the authority granted in this subchapter and the purposes accomplished hereby are proper governmental and public purposes for which public moneys may be expended, and that the inducement of the location of economic development projects within the Commonwealth is of paramount importance to the economic well-being of the Commonwealth.
(1) The authority shall identify and certify or decertify enhanced incentive counties on Page 66 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN an annual basis as provided in this section.
(1) The authority shall identify and certify or decertify enhanced incentive counties on an annual basis as provided in this section.
Quality of roads shall be determined by the access within a county to roads, ranked in descending order from best Page 67 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN quality to worst quality, as certified to the authority by the Kentucky Transportation Cabinet as follows:
Quality of roads shall be determined by the access within a county to roads, ranked in descending order from best quality to worst quality, as certified to the authority by the Kentucky Transportation Cabinet as follows:
(6) A county not certified under subsection (2) or (3) of this section may be certified by the authority as an enhanced incentive county if the county has been declared a disaster relief area by any state or federal agency on or after December 1, 2021.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (6) A county not certified under subsection (2) or (3) of this section may be certified by the authority as an enhanced incentive county if the county has been declared a disaster relief area by any state or federal agency on or after December 1, 2021.
The enhanced county certification shall be effective for a period of two (2) years Page 68 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN from the date of certification by the authority.
The enhanced county certification shall be effective for a period of two (2) years from the date of certification by the authority.
A local occupational license fee greater than or equal to twenty percent (20%) of the individual income tax rate in KRS Page 69 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 141.020[one percent (1%)] is imposed;
A local occupational license fee greater than or equal to twenty percent (20%) of the individual income tax rate in KRS 141.020[one percent (1%)] is imposed;
or Page 70 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 2.
or 2.
and 2.
and CHAPTER 75 37 2.
then (b) An approved company or, with the authority's consent, an affiliate of an approved Page 71 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN company may require that each employee subject to tax imposed by KRS 141.020, whose job is determined by the authority to be created as a result of the economic development project, as a condition of employment, agree to pay an assessment to be determined as follows:
then (b) An approved company or, with the authority's consent, an affiliate of an approved company may require that each employee subject to tax imposed by KRS 141.020, whose job is determined by the authority to be created as a result of the economic development project, as a condition of employment, agree to pay an assessment to be determined as follows:
Page 72 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (7) ] If the project is not located in an enhanced incentive county, and:
(7) ]If the project is not located in an enhanced incentive county, and:
(6)[(8)] Each employee paying the assessment shall simultaneously be entitled to a credit against the Kentucky individual income tax required to be withheld under KRS 141.310 equal to the state portion of the assessment and shall be entitled to a credit against the local occupational license tax equal to the local portion of the assessment.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (6)[(8)] Each employee paying the assessment shall simultaneously be entitled to a credit against the Kentucky individual income tax required to be withheld under KRS 141.310 equal to the state portion of the assessment and shall be entitled to a credit against the local occupational license tax equal to the local portion of the assessment.
(8)[(10)] If a full-time employee subject to state tax imposed by KRS 141.020 is Page 73 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN already employed by the approved company at a site other than the site of the economic development project, that full-time employee's job shall be deemed to have been created when the full-time employee is transferred to the site of the economic development project if the full-time employee's existing job is filled with a new full-time employee.
(8)[(10)] If a full-time employee subject to state tax imposed by KRS 141.020 is already employed by the approved company at a site other than the site of the economic development project, that full-time employee's job shall be deemed to have been created when the full-time employee is transferred to the site of the economic development project if the full-time employee's existing job is filled with a new full-time employee.
Page 74 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (2) "Agribusiness" has the same meaning as in KRS 154.32-010;
(2) "Agribusiness" has the same meaning as in KRS 154.32-010;
a.
CHAPTER 75 39 a.
Page 75 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN e.
e.
Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in Page 76 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN connection with the acquisition, construction, equipping, rehabilitation, and installation of a reinvestment project;
Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, rehabilitation, and installation of a reinvestment project;
and 6.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 6.
Page 77 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (15) "Enhanced incentive counties" has the same meaning as in KRS 154.32-010;
(15) "Enhanced incentive counties" has the same meaning as in KRS 154.32-010;
Page 78 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (30) "Reinvestment agreement" means the agreement entered into pursuant to KRS 154.34-080 between the authority and an approved company with respect to a reinvestment project;
(30) "Reinvestment agreement" means the agreement entered into pursuant to KRS 154.34-080 between the authority and an approved company with respect to a reinvestment project;
As used in this subchapter, unless the context clearly indicates otherwise:
CHAPTER 75 41 As used in this subchapter, unless the context clearly indicates otherwise:
(3) ]"Center" means the Quicksand Wood Utilization Center located in Breathitt Page 79 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN County, Kentucky;
(3) ]"Center" means the Quicksand Wood Utilization Center located in Breathitt County, Kentucky;
(3)[(5) "Flexible manufacturing network" or "network" means an affiliation of secondary wood products businesses as provided by KRS 154.47-040;
(3)[(5)"Flexible manufacturing network" or "network" means an affiliation of secondary wood products businesses as provided by KRS 154.47-040;
Page 80 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (b) "Average hourly wage" does not include employee benefits as defined in KRS 154.32-010, including health insurance and reimbursements;
(b) "Average hourly wage" does not include employee benefits as defined in KRS 154.32-010, including health insurance and reimbursements;
(a) For the first application for which credits are approved, the number of full- time employees employed on the day prior to the work start date of the new employee filling the earliest eligible position identified on the application;
(a) For the first application for which credits are approved, the number of full-time employees employed on the day prior to the work start date of the new employee filling the earliest eligible position identified on the application;
(6) "Qualifying equipment or technology" means equipment or technology that has been approved by the Office of Entrepreneurship and [Small Business ]Innovation;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (6) "Qualifying equipment or technology" means equipment or technology that has been approved by the Office of Entrepreneurship and [Small Business ]Innovation;
and (7) "Small business" means any business entity organized for profit that has been approved by the Office of Entrepreneurship and [Small Business ]Innovation, including a sole proprietorship, partnership, limited partnership, corporation, Page 81 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN limited liability company, joint venture, association, or cooperative, that has fifty (50) or fewer employees working more than thirty-five (35) hours per week, whether within or outside the Commonwealth, at the time it applies.
and (7) "Small business" means any business entity organized for profit that has been approved by the Office of Entrepreneurship and [Small Business ]Innovation, including a sole proprietorship, partnership, limited partnership, corporation, limited liability company, joint venture, association, or cooperative, that has fifty (50) or fewer employees working more than thirty-five (35) hours per week, whether within or outside the Commonwealth, at the time it applies.
(b) In order to be eligible to receive final approval for a credit, a small business shall, within the twenty-four (24) month period immediately preceding the application submission date:
(b) In order to be eligible to receive final approval for a credit, a small business shall, within the twenty- four (24) month period immediately preceding the application submission date:
and Page 82 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 2.
and 2.
(4) "Authority" means the Kentucky Economic Development Finance Authority Page 83 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN created in KRS 154.20-010;
(4) "Authority" means the Kentucky Economic Development Finance Authority created in KRS 154.20-010;
(a) Casting assistants;
CHAPTER 75 43 (a) Casting assistants;
Has a minimum of fifty percent (50%) of the funds available and the ability to raise the remaining funds necessary to complete the filming Page 84 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN and production, which may be verified by:
Has a minimum of fifty percent (50%) of the funds available and the ability to raise the remaining funds necessary to complete the filming and production, which may be verified by:
(15)[(13)] "Industrial film" means a business-to-business film that may be viewed by the public, including but not limited to videos used for training or for viewing at a trade Page 85 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN show;
(15)[(13)] "Industrial film" means a business-to-business film that may be viewed by the public, including but not limited to videos used for training or for viewing at a trade show;
(16)[(14)] "Kentucky-based company" has the same meaning as in KRS 164.6011;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (16)[(14)] "Kentucky-based company" has the same meaning as in KRS 164.6011;
Page 86 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 1.
1.
or (d) A television pilot;
or CHAPTER 75 45 (d) A television pilot;
that is produced for distribution on television via broadcast, cable, or any digital Page 87 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN format, including but not limited to cable, satellite, Internet, or mobile electronic devices.
that is produced for distribution on television via broadcast, cable, or any digital format, including but not limited to cable, satellite, Internet, or mobile electronic devices.
Films or produces a documentary in whole or in part in the Page 88 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN Commonwealth, the minimum combined total of qualifying expenditures and qualifying payroll expenditures shall be ten thousand dollars ($10,000);
Films or produces a documentary in whole or in part in the Commonwealth, the minimum combined total of qualifying expenditures and qualifying payroll expenditures shall be ten thousand dollars ($10,000);
and Page 89 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 2.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
If the approved company can demonstrate to the satisfaction of the cabinet that it is not practical to use a separate accounting method to determine the expenditures by county, the Page 90 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN approved company shall determine the correct expenditures by county using an alternative method approved by the cabinet.
If the approved company can demonstrate to the satisfaction of the cabinet that it is not practical to use a separate accounting method to determine the expenditures by county, the approved company shall determine the correct expenditures by county using an alternative method approved by the cabinet.
Page 91 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (e) The anticipated date on which filming or production shall begin in Kentucky;
(e) The anticipated date on which filming or production shall begin in Kentucky;
(f) The anticipated date on which the applicant will complete incurring expenditures in Kentucky[production will be completed];
CHAPTER 75 47 (f) The anticipated date on which the applicant will complete incurring expenditures in Kentucky[production will be completed];
(3) Upon receipt of the application and any additional information submitted, the authority shall consider all submitted information and, if appropriate, authorize the execution of a tax incentive agreement between the authority and the approved company, if the amount of anticipated tax credit from the application would not make the total tax credit approved for the calendar year exceed the annual tax credit cap under KRS 154.61-020(4).
(3) Upon receipt of the application and any additional information submitted, the authority shall consider all submitted information and, if appropriate, authorize the execution of a tax incentive agreement between the authority and the approved company, if the amount of anticipated tax credit from the application would not make the total tax credit approved for the calendar year exceed the annual tax credit cap under KRS 154.61- 020(4).
(c) The anticipated qualifying expenditures and qualifying payroll expenditures Page 92 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN for resident and nonresident above-the-line and below-the-line crews by county;
(c) The anticipated qualifying expenditures and qualifying payroll expenditures for resident and nonresident above-the-line and below-the-line crews by county;
Page 93 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (j) That, if the authority determines that the approved company has failed to comply with any of its obligations under the tax incentive agreement:
(j) That, if the authority determines that the approved company has failed to comply with any of its obligations under the tax incentive agreement:
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
(r) That the approved company may be required to pay an administrative fee as Page 94 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN authorized under subsection (5) of this section;
(r) That the approved company may be required to pay an administrative fee as authorized under subsection (5) of this section;
The administrative fee shall not exceed one- half of one percent (0.5%) of the estimated amount of tax incentive sought or five hundred dollars ($500), whichever is greater.
The administrative fee shall not exceed one-half of one percent (0.5%) of the estimated amount of tax incentive sought or five hundred dollars ($500), whichever is greater.
and Page 95 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (d) The latest version of the production script available at the time of cost report submission[final script].
and (d) The latest version of the production script available at the time of cost report submission[final script].
or 2.
or CHAPTER 75 49 2.
and (b) Soliciting, borrowing, accepting, receiving, and expending funds from any Page 96 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN public or private source, including but not limited to general fund appropriations of the Commonwealth, grants, or contributions of money, property, labor, or other things of value to be used to carry out the programs' operations, functions, and responsibilities;
and (b) Soliciting, borrowing, accepting, receiving, and expending funds from any public or private source, including but not limited to general fund appropriations of the Commonwealth, grants, or contributions of money, property, labor, or other things of value to be used to carry out the programs' operations, functions, and responsibilities;
(4) No member of the cabinet or the science and technology organization or other Page 97 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN administering entity, or their employees or outside experts or their closely related family members, shall directly or indirectly financially benefit in any award, contract, or agreement under the programs.
(4) No member of the cabinet or the science and technology organization or other administering entity, or their employees or outside experts or their closely related family members, shall directly or indirectly financially benefit in any award, contract, or agreement under the programs.
(1) The Cabinet for Economic Development shall manage the Kentucky enterprise fund to provide capital to small and medium-size, Kentucky-based companies to undertake feasibility, concept development, research and development, or commercialization work.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) The Cabinet for Economic Development shall manage the Kentucky enterprise fund to provide capital to small and medium-size, Kentucky-based companies to undertake feasibility, concept development, research and development, or commercialization work.
Page 98 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (b) Support feasibility, concept development, research and development, or commercialization activities that have clear potential to lead to commercially successful products, processes, or services within a reasonable period of time;
(b) Support feasibility, concept development, research and development, or commercialization activities that have clear potential to lead to commercially successful products, processes, or services within a reasonable period of time;
(4) Beginning July 1, 2021, the cabinet shall allocate at least twenty percent (20%) of the annual allotment of funds for the Kentucky enterprise fund to qualified companies located in rural or enhanced incentive counties, as certified under KRS 154.32-050, and at least twenty percent (20%) of the annual allotment of funds to qualified companies located in Opportunity Zones, as designated by the Page 99 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN Commonwealth and certified by the Secretary of the United States Treasury.
(4) Beginning July 1, 2021, the cabinet shall allocate at least twenty percent (20%) of the annual allotment of funds for the Kentucky enterprise fund to qualified companies located in rural or enhanced incentive counties, as certified under KRS 154.32-050, and at least twenty percent (20%) of the annual allotment of funds to qualified companies located in Opportunity Zones, as designated by the Commonwealth and certified by the Secretary of the United States Treasury.
or (d) Show significant potential for stimulating economic growth and a reasonable probability to enhance employment opportunities within the Commonwealth.
or CHAPTER 75 51 (d) Show significant potential for stimulating economic growth and a reasonable probability to enhance employment opportunities within the Commonwealth.
Page 100 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (a) Verification that the applicant is an eligible company that meets the definition of a Kentucky-based company and medium-size company or small company;
(a) Verification that the applicant is an eligible company that meets the definition of a Kentucky-based company and medium-size company or small company;
and (b) Provide assurance to the science and technology organization that the college Page 101 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN or university and the qualified company have negotiated the ownership and disposition of patents, royalties, all other intellectual property rights, and equity or related position relating to the contract between the qualifying company and the college or university;
and (b) Provide assurance to the science and technology organization that the college or university and the qualified company have negotiated the ownership and disposition of patents, royalties, all other intellectual property rights, and equity or related position relating to the contract between the qualifying company and the college or university;
Page 102 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (1) Advise the Transportation Cabinet, the Cabinet for Economic Development, the Governor's Office, and the General Assembly on matters relating to water transportation;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) Advise the Transportation Cabinet, the Cabinet for Economic Development, the Governor's Office, and the General Assembly on matters relating to water transportation;
(b) The economic development credits computed under KRS 141.347, 141.381, 141.384, 141.3841, 141.400, [141.401, ]141.403, 141.407, 141.415, 154.12- 207, and 154.12-2088;
(b) The economic development credits computed under KRS 141.347, 141.381, 141.384, 141.3841, 141.400, [141.401, ]141.403, 141.407, 141.415, 154.12-207, and 154.12-2088;
Page 103 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (c) The qualified farming operation credit permitted by KRS 141.412;
(c) The qualified farming operation credit permitted by KRS 141.412;
(v) The angel investor credit permitted by KRS 141.396;
CHAPTER 75 53 (v) The angel investor credit permitted by KRS 141.396;
Page 104 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (2) After the application of the nonrefundable credits in subsection (1) of this section, the nonrefundable personal tax credits against the tax imposed by KRS 141.020 shall be taken in the following order:
(2) After the application of the nonrefundable credits in subsection (1) of this section, the nonrefundable personal tax credits against the tax imposed by KRS 141.020 shall be taken in the following order:
(a) The economic development credits computed under KRS 141.347, 141.381, Page 105 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN 141.384, 141.3841, 141.400, [141.401, ]141.403, 141.407, 141.415, 154.12- 207, and 154.12-2088;
(a) The economic development credits computed under KRS 141.347, 141.381, 141.384, 141.3841, 141.400, [141.401, ]141.403, 141.407, 141.415, 154.12-207, and 154.12-2088;
(l) The voluntary environmental remediation credit permitted by KRS 141.418;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (l) The voluntary environmental remediation credit permitted by KRS 141.418;
Page 106 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN (v) The New Markets Development Program credit permitted by KRS 141.434;
(v) The New Markets Development Program credit permitted by KRS 141.434;
(2) Notwithstanding the provisions of subsection (1) of this section, highest priority consideration under state economic development loan, grant, and incentive programs administered by the authority shall be given to those projects that are Page 107 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN located in counties of Kentucky which have had an average countywide rate of unemployment of fifteen percent (15%) or greater in the most recent twelve (12) consecutive months for which unemployment figures are available, on the basis of the final unemployment figures calculated by the Department of Workforce Development in the Education and Labor Cabinet.
(2) Notwithstanding the provisions of subsection (1) of this section, highest priority consideration under state economic development loan, grant, and incentive programs administered by the authority shall be given to those projects that are located in counties of Kentucky which have had an average countywide rate of unemployment of fifteen percent (15%) or greater in the most recent twelve (12) consecutive months for which unemployment figures are available, on the basis of the final unemployment figures calculated by the Department of Workforce Development in the Education and Labor Cabinet.
154.23-020 Amendment of boundaries of qualified zones.
CHAPTER 75 55 154.23-020 Amendment of boundaries of qualified zones.
154.23-040 Service and technology agreements -- Time limits for meeting minimum investment and employment requirements -- Inducements during term of Page 108 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed UNOFFICIAL COPY 23 RS HB 303/EN agreements -- Suspension or termination of inducements -- Approved costs -- Reduction of inducements.
154.23-040 Service and technology agreements -- Time limits for meeting minimum investment and employment requirements -- Inducements during term of agreements -- Suspension or termination of inducements -- Approved costs -- Reduction of inducements.
Page 109 of 109 HB030320.100 - 1120 - XXXX 3/16/2023 9:17 PM Engrossed
Signed by Governor March 23, 2023.
Legislative Research Commission PDF Version
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Action History

  1. signed by Governor (Acts Ch. 75)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. passed 93-0

  6. House concurred in Senate Committee Substitute (1)

  7. posted for passage for concurrence in Senate Committee Substitute (1)

  8. taken from Rules

  9. to Rules (H)

  10. received in House

  11. 3rd reading, passed 37 -0 with Committee Substitute (1)

  12. posted for passage in the Consent Orders of the Day for Thursday, March 16, 2023

  13. reported favorably, to Rules with Committee Substitute (1) as a consent bill

  14. returned to Economic Development, Tourism, & Labor (S)

  15. 2nd reading

  16. taken from Economic Development, Tourism, & Labor (S)

  17. returned to Economic Development, Tourism, & Labor (S)

  18. 1st reading

  19. taken from Economic Development, Tourism, & Labor (S)

  20. to Economic Development, Tourism, & Labor (S)

  21. to Committee on Committees (S)

  22. received in Senate

  23. 3rd reading, passed 96-0

  24. posted for passage in the Regular Orders of the Day for Thursday, March 02, 2023

  25. 2nd reading, to Rules

  26. reported favorably, 1st reading, to Calendar

  27. to Economic Development & Workforce Investment (H)

  28. to Committee on Committees (H)

  29. introduced in House

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS HB 303 W/ scs1

Passed 37 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 2000
Unaffiliated 14000
Republican 21000
Total 37000
% of votes cast 100%0%0%0%
How each member voted (37)
Member Party Vote
Turner — Yea
Schickel — Yea
Smith — Yea
Southworth — Yea
Westerfield — Yea
ChambersArmstrong — Yea
Meredith — Yea
Williams — Yea
Thayer — Yea
Wilson — Yea
Thomas — Yea
Nemes — Yea
Yates — Yea
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Final Passage

Passed 93 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democrat 14000
Republican 62004
Unaffiliated 17003
Total 93007
% of votes cast 93%0%0%7%
How each member voted (100)
Member Party Vote
Palumbo — Yea
Bentley — Yea
Swann — Yea
Justice — Yea
Pratt — Yea
Thomas — Yea
Timoney — Yea
Raymond — Yea
Webber — Yea
Graham — Yea
Williams — Yea
Heath — Yea
Meredith — Yea
Wilson — Yea
Smith — Yea
Dixon — Yea
Bratcher S. — Not Voting
Nemes — Not Voting
Bratcher K. — Not Voting
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Not Voting
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Not Voting
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Not Voting
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Pass

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 12002
Republican 66000
Unaffiliated 18002
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Dixon — Yea
Meredith — Yea
Smith — Yea
Bentley — Yea
Nemes — Yea
Swann — Yea
Justice — Yea
Palumbo — Yea
Thomas — Yea
Bratcher S. — Yea
Pratt — Yea
Webber — Yea
Graham — Yea
Raymond — Yea
Williams — Yea
Wilson — Yea
Heath — Not Voting
Timoney — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Not Voting
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

taxation energy
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Frequently asked questions

What does HB 303 do?
Amend KRS 11.200 and 12.020 to rename the Office of Entrepreneurship and Small Business Innovation to the Office of Entrepreneurship and Innovation within the Cabinet for Economic Development; amend KRS 12.020 to rename the Department for Business Development to the Department for Business and Community Development, the Incentive Administration Division to the Program Administration Division, the Office of Marketing and Public Affairs to the Office of Strategy and Public Affairs, the Communications Division to the Marketing and Communications Division, the Graphic Design Division to the Research and Strategy Division, and eliminate the Office of Workforce, Community Development and Research; amend KRS 12.020 to create the Development and Retention Division - West Kentucky, the Development, Retention, and Administrative Division - Central and East Kentucky, and Community and Workforce Development Division within the Department for Business and Community Development; amend KRS 154.12-2035, 154.20-230, 154.12-277, 154.12-278, 154.12-310, 154.60-010, 154.60-020, 164.6017, 164.6021 and 164.6023 to reflect the new name of the Office of Entrepreneurship and Innovation; amend KRS 154.12-204 to include companies engaged in hydrogen transmission as qualified companies in the Bluegrass State Skills Corporation Grant-in-Aid and Skills Training Investment Credit programs; amend KRS 154.12-207 to increase the application limit from $200,000 to $500,000; amend KRS 154.12-223 to reorganize the Department for Business and Community Development; amend KRS 154.12-224 to reorganize the Department for Financial Services within the Cabinet for Economic Development; amend KRS 154.12-275 to reorganize the Office of Strategy and Public Affairs within the Cabinet for Economic Development; amend KRS 154.20-190 to change reporting deadline to November 1; amend KRS 154.20-583, 154.20-586, and 154.20-589 to modify the Western Kentucky Risk Assistance Fund to specify that eligible companies may apply for other programs administered by the Cabinet for Economic Development, to change the cap on the amount of loan loss payments to $100,000,000 that is proportionally reduced as the loss payments are disbursed, and to provide for a 1% administrative fee; amend KRS 154.25-040 to address recent changes in the income tax statutes; amend KRS 154.31-010 to include companies engaged in hydrogen transmission as eligible companies in the Kentucky Enterprise Initiative Act and to add a definition for "tourism attraction"; amend KRS 154.32-010 and 154.32-020 to include companies engaged in hydrogen transmission as eligible companies in the Kentucky Business Initiative program; amend KRS 154.32-050 to allow disaster relief areas declared by state or federal agencies on or after December 1, 2022, to be included in the enhanced county classification; amend KRS 154.32-090 to change the wage assessment calculation under the Kentucky Business Initiative program to address recent changes in the income tax statutes; amend KRS 154.34-010 to include companies engaged in hydrogen transmission as eligible companies in the Kentucky Reinvestment Act; amend KRS 154.61-010 to include the definitions of "cabinet" and "loan-out entity" and to expand the definition of "employee"; amend KRS 154.61-020 and 154.61-030 to revise the duties and responsibilities of the Cabinet for Economic Development and the approved companies under the Kentucky Entertainment Initiative program; amend KRS 141.310, 141.350, and 141.383 to conform; repeal KRS 141.401, 154.12-276, 154.23-005, 154.23-010, 154.23-015, 154.23-020, 154.23-025, 154.23-030, 154.23-035, 154.23-040, 154.23-045, 154.23-050, 154.23-055, 154.23-060, 154.23-065, 154.23-070, 154.23-075, 154.23-079, 154.23-080, 154.47-040, 154.47-065, 154.80-140, and 154.80-310; amend KRS 141.0205, 154.20-170, 154.47-005 and 174.205 to conform.
What is the current status of HB 303?
This bill has been enacted into law. Introduced February 15, 2023. Enacted.
Where can I track HB 303?
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