Legislative Tracking

2009 Kentucky Legislative Session

Last Updated - April 1, 2009

The Kentucky Forest Industries Association is tracking a wide range of legislation that has been introduced in the 2009 Legislative Session.  The major forestry legislation is listed below.  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.

Status  - Passed the House and was combined with House Bill 229 in the Senate and has been sent back for agreement by the House.  Got caught up in the shuffle of the last days of the Senate and was not passed.

House Bill 53 - Creates a new section of KRS Chapter 186A to require the titling of all-terrain vehicles to be administered through the automated motor vehicle and titling registration system; establish that procedures for titling all-terrain vehicles be consistent with motor vehicle titling; establish guidelines for promulgation of regulations relating to titling of all-terrain vehicles; ensure the capability of receiving and discharging liens; amend KRS 186A.070 to require any state resident who purchases a new all-terrain vehicle or creates a security interest in an all-terrain vehicle after January 1, 2010, to apply for a certificate of title; prohibit the operation of an all-terrain vehicle on the roadway, except as provided by KRS 189.515.

Status - Passed the House and Senate and signed by the Governor into law.

House Bill 91 - Create new sections of KRS Chapter 247 to define "agricultural equipment," "agricultural facility," "agricultural product," and "agroterrorism"; establish damages for committing agroterrorism; amend KRS 500.080 to define "agricultural equipment," "agricultural facility," and agricultural product" which would include logging.

Status - Assigned to House Judiciary Committee and will not pass this session.

House Bill 122 - Relating to fire ecology and creates a new section of KRS Chapter 158 to require the Kentucky Department of Education to include fire ecology in the science core content; require fire ecology to be taught in the public schools no later than the 2010-2011 academic year.

Status - Assigned to House Education Committee and will not pass this session.

House Bill 172 - Relates to agricultural districts and amends KRS 262.850 to define "Agricultural land," "Agriculture," "Horticulture," "Aquaculture," "Livestock," and "Poultry"; include local Comprehensive Plans and 401 Facilities Plans when considering the formation of an agricultural district; require agricultural land to be used for agriculture for at least one year before being eligible to be in an agricultural district; require agricultural districts of less than 10 acres to have annual reviews and to comply with any necessary conservation plans; require the board to inform all members of agricultural districts that they must comply with KRS Chapter 132 in order to get an agricultural assessment on their property; make technical corrections.

Status - Passed the House and assigned to the Senate Agriculture Committee and will not pass this session.

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. 

Status - Passed the House Natural Resources and Environment Committee in close vote with the need to clarify firewood for personal use.  Not amended or voted on by the full House and will not pass this session.

House Bill 229 - Contains House Bill 26 that provides 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.

Status - Passed the House and was combined with House Bill 26 in the Senate and has been sent back for agreement by the House.

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. 

Status - Approved by the House Natural Resources Committee with recommendation to amend the Board to include two legislators.  Passed the full House with amendment of adding two non voting legislative members and approved by the Senate Natural Resources Committee and is on the consent calendar but was not approved and called in the last days of the session and will not pass this session.

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. 

Status  Assigned to the House Natural Resources and Environment Committee and will not pass this session.

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. 

Status - Assigned to the House Natural Resources and Environment Committee and received a hearing and was not voted on by the committee due to concerns with increased fines and changing the location of hearings to Franklin County.  Will not pass this session.

House Bill 481 - Relates to the sale of timber and creates a new section of KRS Chapter 364 to require the seller of trees, timber, or forest products to produce a contract or deed showing title to the goods to the seller; require the purchaser to keep the instrument for no less than two years; provide for a penalty of one hundred dollars per instrument for failure to comply. 

Status - This bill was introduced February 23 and assigned to the House Natural Resources Committee and is heavily opposed by KFIA and will not pass this session.