House Bill 5

Actions | Amendments
Last Action 03/31/23: signed by Governor (Acts Ch. 148)
Title AN ACT relating to fiscal matters and declaring an emergency.
Bill Documents Acts Chapter 148
Current/Final
Introduced
Fiscal Impact Statements Fiscal Note
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 1754
Sponsors J. Petrie, D. Osborne
Summary of Original Version Amend KRS 132.140 to allow an exemption of the property tax on distilled spirits stored or aging in barrels located in a bonded warehouse or premises; amend KRS 141.389 to allow the distilled spirits income tax credit only to taxable years beginning prior to January 1, 2024, but allow the accumulated credit to be claimed after that date; prohibit the Department of Revenue from considering any settlement agreement between the department and any taxpayer having distilled spirits in a bonded warehouse to be null and void; allow the agreement to be renegotiated; require the renegotiated agreement to be promulgated in an administrative regulation following the renegotiation process.
Index Headings of Original Version Taxation - License fee levy, distilled spirits premises, cities and counties, authorization
Taxation, Income--Corporate - Distilled spirits tax credit allowance, taxpayers with 25,000 barrels or less
Taxation, Income--Individual - Distilled spirits tax credit allowance, taxpayers with 25,000 barrels or less
Consolidated Local Governments - License fee levy, distilled spirits premises, authorization
Cities - License fee levy, distilled spirits premises, authorization
Counties - License fee levy, distilled spirits premises, authorization
Counties, Urban - License fee levy, distilled spirits premises, authorization
Distilled Spirits - Premises, city, county, and fire protection district fees
Education, Finance - Distilled spirits property tax, SEEK calculation omission
Firefighters and Fire Departments - Service charge fee and license fee levy, distilled spirits premises, authorization
Taxation - Distilled spirits tax credit allowance, taxpayers with 25,000 barrels or less
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Committee Amendment 1
House Floor Amendment 1
Senate Committee Substitute 1 with Fiscal Impact Statements
Senate Committee Amendment 1
Senate Floor Amendment 1
Votes Vote History

Actions

Top | Amendments
02/22/23
  • introduced in House
  • to Committee on Committees (H)
02/23/23
  • to Appropriations & Revenue (H)
03/03/23
  • taken from Appropriations & Revenue (H)
  • 1st reading
  • returned to Appropriations & Revenue (H)
03/07/23
  • taken from Appropriations & Revenue (H)
  • 2nd reading
  • returned to Appropriations & Revenue (H)
03/13/23
  • reported favorably, to Rules with Committee Substitute (1) and Committee Amendment (1-title)
  • taken from Rules
  • placed in the Orders of the Day
  • floor amendment (1) filed to Committee Substitute
  • 3rd reading, passed 59-40 with Committee Substitute (1), Floor Amendment (1) and Committee Amendment (1-title)
03/14/23
  • received in Senate
  • to Committee on Committees (S)
  • taken from Committee on Committees (S)
  • 1st reading
  • returned to Committee on Committees (S)
  • to Appropriations & Revenue (S)
03/15/23
  • floor amendment (1) filed
  • taken from Appropriations & Revenue (S)
  • 2nd reading
  • returned to Appropriations & Revenue (S)
03/30/23
  • reported favorably, to Rules with Committee Substitute (1) and Committee Amendment (1-title)
  • posted for passage in the Regular Orders of the Day for Thursday, March 30, 2023
  • 3rd reading
  • Floor Amendment (1) withdrawn
  • passed 23-14 with Committee Substitute (1) and Committee Amendment (1-title)
  • received in House
  • to Rules (H)
  • posted for passage for concurrence in Senate Committee Substitute (1) and Committee Amendment (1-title)
  • House concurred in Senate Committee Substitute (1) and Committee Amendment (1-title)
  • passed 60-39
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
03/31/23
  • signed by Governor (Acts Ch. 148)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statements Fiscal Note to House Committee Substitute 1
Local Mandate to House Committee Substitute 1
Summary Retain original provisions; create a new section of KRS Chapter 65 to authorize cities, counties, and fire protection districts to levy a storage license fee on an owner or proprietor of a bonded warehouse containing distilled spirits and the costs of which are financed by industrial bonds; set requirements for the license fee; create a new section of KRS Chapter 75A to allow an emergency services board that levies an ad valorem tax and provides services to a non-IRB and tax-exempt premises to charge a fee for services rendered; set requirements for the fee; create a new section of KRS Chapter 75 to allow a board of trustees of a fire protection district or subdistrict that levies an ad valorem tax and provides services to non-IRB and tax-exempt premises to charge a fee for services rendered; set requirements for the fee; amend KRS 141.389 to allow the distilled spirits inventory tax credit through taxable year 2033 for taxpayer's owning or possessing less than 25,000 barrels; create a new section of KRS 157.310 to 157.440 to exclude the assessed value on distilled spirits related to the property tax exemption from the calculation for the Support Education Excellence in Kentucky program and the tax rate-setting process for district boards of education.
Index Headings Fiscal Note - Appropriation, salary increments
Distilled Spirits - Premises, city, county, and fire protection district fees
Education, Finance - Distilled spirits property tax, SEEK calculation omission
Firefighters and Fire Departments - Service charge fee and license fee levy, distilled spirits premises, authorization
Taxation - Distilled spirits tax credit allowance, taxpayers with 25,000 barrels or less
Taxation - License fee levy, distilled spirits premises, cities and counties, authorization
Taxation, Income--Corporate - Distilled spirits tax credit allowance, taxpayers with 25,000 barrels or less
Taxation, Income--Individual - Distilled spirits tax credit allowance, taxpayers with 25,000 barrels or less
Consolidated Local Governments - License fee levy, distilled spirits premises, authorization
Cities - License fee levy, distilled spirits premises, authorization
Counties - License fee levy, distilled spirits premises, authorization
Counties, Urban - License fee levy, distilled spirits premises, authorization
Local Mandate - Distilled spirits tax, license fee levy, distilled spirits premises, authorization

Amendment House Committee Amendment 1
Sponsor J. Petrie
Summary Make title amendment.
Index Headings Title Amendments - HB 5

Amendment House Floor Amendment 1
Sponsor R. Roberts
Summary Allow the tax credit to apply up to 25,000 barrels of distilled spirts in a bonded warehouse or premises per taxable year and remove ownership and possession requirement.
Index Headings Distilled Spirits - Income tax credit, taxpayers with 25,000 barrels
Taxation - Income tax, credit on distilled spirits inventory, taxpayers with 25,000 barrels
Taxation, Income--Corporate - Distilled spirits inventory tax credit, taxpayers with 25,000 barrels
Taxation, Income--Individual - Distilled spirits inventory tax credit, taxpayers with 25,000 barrels

Amendment Senate Committee Substitute 1
Fiscal Impact Statement Local Mandate to Senate Committee Substitute 1
Summary Delete all provisions; amend KRS 132.140 to phase out the ad valorem tax on distilled spirits and exempt distilled spirits after year 2043; create a new section of KRS Chapter 138 to provide an industry replacement tax for schools and fire districts; amend KRS 141.389 to allow a taxpayer to elect to receive a modified credit or a combined sales and use tax refund and a withholding tax refund based on a portion of the accumulated distilled spirits income tax credit for certain capital investments and job creation; create a new section of KRS 157.310 to 157.440 to modify the SEEK funding formula related to distilled spirits; amend various sections that were amended by 2023 Ky. Acts ch. 92 to conform and make technical corrections; create a new section of KRS Chapter 141 to allow a pass-through entity to elect to pay the income tax; repeal Section 16 of 2023 Ky. Acts ch. 92; provide that certain settlement agreements shall not be voided; provide that if any provision of this Act is held invalid, the invalidity shall not affect other provisions that can be given effect without the invalid provision; EMERGENCY.
Index Headings Effective Dates, Emergency - Fiscal matters, income tax credit, distilled spirits ad valorem tax, pass-through entity taxation
State Agencies - Department of Education, SEEK funding formula
Taxation - Replacement tax
Taxation - Revenue measures
Taxation - Sales tax, withholding tax, combined refund, accumulated amount
Taxation, Income--Individual - Pass-through entity taxation, election
Taxation, Property - Distilled spirits
Taxation, Sales and Use - Telemarketing services
Technical Corrections - HB 5/SCS 1
Local Mandate - Fiscal matters, income tax credit, distilled spirits ad valorem tax, pass-through entity taxation

Amendment Senate Committee Amendment 1
Sponsor C. McDaniel
Summary Make title amendment.
Index Headings Title Amendments - HB 5/GA

Amendment Senate Floor Amendment 1
Sponsor J. Higdon
Summary Retain original provisions that sunset the income tax credit; remove all other provisions; amend KRS 132.140 to set an allowable revenue threshold for property taxes on distilled spirits; exempt state and local ad valorem taxes on distilled spirits associated with the revenues in excess of the allowable amount.
Index Headings Distilled Spirits - Inventory, property tax exemption
Taxation - Property, distilled spirits, exemption
Taxation, Property - Distilled spirits, exemption

Last updated: 11/9/2023 3:03 PM (EST)