Legislative Update - February 12, 2009

The Kentucky Forest Industries Association is tracking a wide range of legislation that has been introduced in the 2009 Legislative Session that will last 30 days.  The state budget was approved by the House this week and includes a number of cuts and proposed increases in alcohol and tobacco taxes. The session is one third complete and will not meet next week to continue work on the budget.  The major legislation that affects the wood industry and is being supported by KFIA is listed below.  Go to the members section at www.kfia.org to see a list of the bills that are being tracked by KFIA.   We encourage all members that have any questions to contact the office for more details.

House Bill 26 - An act relating to income tax credits for small businesses.  Creates new sections of KRS chapters 141 and 154 and amends KRS 141.0205 to establish a small business tax credit.  If approved this bill would provide tax breaks for small business.  Assigned to House Appropriations and Revenue Committee.

House Bill 211 - Amends KRS 149.330 to include removal of woody biomass in the definition of "timber harvesting operations" to include energy production in definition of commercial purposes for "timber harvesting operations" and excludes firewood cut for personal use.  Clarifies existing law to insure that all commercial logging falls under state BMP requirements.  Assigned to House Natural Resources and Environment Committee.

House Bill 235  Establishes in statute the Forest Health Board to address insect, disease, natural disasters and other health issues related to forest health and requires annual reporting to the legislature.  Also creates amends KRS 149.336 to include forest fire prevention as part of the Division of Forestry's education program curriculum.  Approved by the House Natural Resources Committee on February 12 with recommendation to amend the Board to include two legislators when voted on the House floor.

House Bill 396 - Creates a new section of KRS Chapter 149 to authorize the Division of Forestry to investigate forestry-related crimes and authorizes the secretary to appoint forest crime investigators to be certified as peace officers and investigate and make arrests for certain forestry-related crimes; creates a new section of KRS Chapter 149 to give the Attorney General, Commonwealth's attorneys, and county attorneys concurrent jurisdiction for prosecuting forestry-related crimes and requires forest crime investigators to be certified as peace officers.  Current budget will not allow funding and without funds the legislation will not be effective.  Assigned to the House Natural Resources and Environment Committee.

House Bill 397 - Amends KRS 149.348 to increase the maximum civil penalty for violation of bad actor provisions to $5000 for repeat offenders and allows the cabinet to contract with local county attorneys or Commonwealth's attorneys to enforce collection of fines imposed under the bad actor provisions and to share in the amount of recovery; allow the Commonwealth to attach the defendant's property in recovery actions for fines imposed under the bad actor provisions; allow the cabinet to direct a logger to cease operations for failure to pay a civil penalty; give the Circuit Court of Franklin County concurrent jurisdiction over enforcement actions for fines imposed under the bad actor provisions.  This legislation would allow Division of Forestry the ability to close down bad actor operators that have not paid fines.  Assigned to the House Natural Resources and Environment Committee.