|
HB 74/FN/LM (BR 265) - H. Collins, J. Adams, Ro. Adams, R. Adkins, S. Alexander, W. Allen, H. Anderson, J. Arnold Jr., A. Arnold, E. Ballard, J. Barrows, S. Baugh, M. Bowling, L. Brandstetter, K. Bratcher, M. Brown, J. Bruce, De. Butler, Dw. Butler, J. Callahan, L. Clark, P. Clark, J. Coleman, B. Colter, R. Cox, J. Crenshaw, F. Curd, R. Damron, H. Deskins Jr, B. DeWeese, W. Gee, C. Geveden, J. Gooch, D. Graham, G. Graham, J. Gray, J. Haydon, B. Heleringer, C. Hoffman, J. Hoover, D. Horlander, J. Jenkins, S. Johns, E. Jordan, T. Kerr, J. Lee, G. Lindsay, M. Long, J. Lovell, P. Marcotte, A. Maricle, M. Marzian, P. Mason, T. McKee, H. Moberly, R. Murgatroyd, L. Napier, F. Nesler, D. Newsome, S. Nunn, R. Palumbo, B. Polston, T. Pope, M. Rader, C. Ratliff, J. Reinhardt, J. Richards, S. Riggs, W. Scott, A. Simpson, D. Sims, J. Stacy, J. Stewart, K. Stine, G. Stumbo, R. Thomas, M. Treesh, T. Turner, J. Vincent, C. Walton, M. Weaver, R. Wilkey, P. Worthington, B. Yonts, J. Zimmerman
AN ACT relating to the taxation of motor vehicles and declaring an emergency.
Amend KRS 132.485, relating to property tax on motor vehicles, to require the PVA to assess property tax on motor vehicles at the average trade-in value appearing in the NADA reference manual; amend KRS 138.450, relating to usage tax on motor vehicles, to require usage tax on most used motor vehicles to be based on an affidavit attesting to the actual consideration paid for the vehicle rather than the NADA book value; specify that actual consideration shall not include any amount allowed as a trade-in allowance, any amount allowed as a dealer rebate, or any interest payments made over the life of a loan for the purchase of the motor vehicle; provide that for older used motor vehicles offered for registration the first time in this state whose values no longer appear in the NADA guide, retail price shall be $200 regardless of the number of years the value has been removed from the vehicle; require the NADA book value to be used for new residents registering a vehicle for the first time in Kentucky; provide that if a notarized affidavit is not available to establish the total consideration paid for a vehicle, the retail price of the vehicle shall be the average trade-in value of the vehicle as prescribed by the NADA guide established by the Revenue Cabinet; establish that the retail price of motor vehicles received as a gift shall be the NADA guide trade-in value; amend KRS 138.460 to require the Revenue Cabinet to provide affidavit forms to each county clerk who shall provide the forms free of charge to the public; prohibit a county clerk from registering a motor vehicle if a notarized affidavit is required and available to complete the transaction and the buyer and seller have failed to prepare the affidavit; amend KRS 138.990 to establish penalties for individuals and dealers who willfully and fraudulently give a false statement on the affidavit as to the actual consideration given for a motor vehicle as follows: for an individual convicted of a first offense, one to five years in prison and a $1000 fine, for a second or subsequent offense, five to ten years in prison and a $5000 fine; for a dealer convicted of a first offense, one to five years in prison and a $1000 fine, for a second offense, the dealer loses his license for life, and is given a prison term of five to ten years with a minimum fine of $5000; amend KRS 134.810, 186.190, 186.232, 190.037, 190.040, and 190.990 to conform; provide that the provisions relating to property tax become effective January 1, 1999 and that the usage tax provisions become effective July 31, 1998.
HB 74 - AMENDMENTS
HCS (1/FN/LM) - Retain original provisions of the bill with the following changes: provide that historic motor vehicles registered under KRS 186.073 shall be taxed $100 when sold; delete references to dealers losing their license for life and make penalties uniform regardless of whether it is an individual or a dealer; delete sections amending KRS 190.037 and 190.040 in their entirety to conform; add an emergency clause to make property tax provisions of Sections 1 and 2 of the Act become effective retroactively January 1, 1998; make technical internal reference correction.
HCS (2/FN/LM) - Retain the provisions of the original bill, with the following changes: amend Section 1 to clarify that property tax on motor vehicles is to be assessed at average trade-in value, unless information becomes available that requires the Revenue Cabinet to deviate from using the average trade-in value as the standard value for property taxes; amend Section 3 to add a definition of "total consideration given" and "trade-in allowance"; delete the definition of a "wrecked new motor vehicle"; provide for usage tax on all new motor vehicles to be based upon the amount the buyer actually paid for the vehicle; do not allow for a trade-in allowance on new motor vehicles; provide that if an affidavit attesting to the selling price of a vehicle is not available, new cars and pick-up trucks would be taxed under existing law, paying 90% of the manufacturer's suggested retail price; provide that if an affidavit is not available for new trucks weighing over 10,000 pounds, usage tax would be based on existing law, paying 81% of the manufacturer's suggested retail price; amend Section 4 to delete the reference to trucks weighing over 10,000 pounds to conform; amend the penalties in Section 5 to make one penalty for everyone and delete provisions requiring revocation of a car dealer's license; establish a penalty of a Class D felony but allow court the discretion to impose jail time rather than mandate incarceration; require a minimum fine of $2,000 per offense for lying on an affidavit establishing the selling price of a motor vehicle; add a new Section 9, amending KRS 132.200 to conform.
HCA (1/Title, H. Moberly) - Make title amendment.
HFA (1/FN, D. Ford) - Provide that, "retail price" for new motor vehicles with a gross weight with any towed unit for registration purposes of more than 55,000 pounds is the total consideration given.
HFA (2/FN, D. Ford) - Provide that any motor vehicle taken in trade will be valued as part of the consideration received at its average loan value.
HFA (3/FN, H. Anderson) - Provide that motor vehicles are to be valued at average loan value for property tax purposes.
HFA (4/FN, H. Anderson) - Provide that motor vehicles are to be valued at average loan value for property tax purposes beginning January 1, 1999.
HFA (5/FN, H. Anderson) - Provide that any motor vehicle taken in trade will be valued as part of the consideration received at its average loan value.
HFA (6/FN, H. Anderson) - Exempt motor vehicles valued at $7500 or less from local property tax.
HFA (7/FN, H. Anderson) - Exempt motor vehicles more than seven years old from local property tax.
HFA (8/FN, J. Stewart) - Exempt motor vehicles registered to individuals married for at least fifty years from local property tax.
HFA (9, J. Barrows) - Amend to provide that the penalty is a Class D felony.
HFA (10/FN, H. Anderson) - Amend KRS 132.200 to exempt from local property tax motor vehicles that are registered to individuals who are employed or full-time students and whose income is 150% or less of the federal poverty level.
HFA (11/FN, H. Anderson) - Amend to provide that new motor vehicles be taxed on the total consideration given as attested to in an affidavit signed by both the buyer and seller; exclude from total consideration given the amount allowed as a trade-in allowed by the seller.
HFA (12/FN, H. Anderson) - Exempt all motor vehicles from local property tax.
HFA (13/FN, J. Stewart) - Exempt motor vehicles registered to individuals married for fifty years or more from local property tax.
HFA (14/FN, P. Hatcher Jr) - Retain the provisions of the second committee substitute, with the following change: require usage tax to be paid on either the selling price of a used motor vehicle or the average trade-in value, excluding any amount allowed as a trade-in allowance, whichever amount is lower.
HFA (15/FN, H. Anderson) - Provide that motor vehicles are to be valued at average loan value for property tax purposes beginning January 1, 1999.
HFA (16/FN, H. Anderson) - Amend to provide for new motor vehicles to be taxed on the total consideration given, as attested to in an affidavit singed by both the buyer and seller; exclude from total consideration given the amount allowed as a trade-in by the seller.
HFA (17/FN, H. Anderson) - Amend to include in total consideration given for a used motor vehicle the value of any trade-in allowed.
HFA (18/FN, H. Anderson) - Amend to assess motor vehicles for property tax at the average trade-in value and to lower the tax rate to $0.25 per $100 of assessed value.
HFA (19/FN, H. Anderson) - Amend to assess motor vehicles at their average loan value for property tax, exclude trade-in allowance from the total consideration given for a new motor vehicle for motor vehicle usage tax, and increase the tax rate to 7%.
HFA (20/FN, H. Anderson) - Amend to exclude trade-in allowance from the total consideration given for a new motor vehicle and raise the tax rate to 7%.
HFA (21/FN, H. Anderson) - Amend to assess motor vehicles at their average loan value for property tax and exclude trade-in allowance from the total consideration given for a new motor vehicle for motor vehicle usage tax.
HFA (22/FN, H. Anderson) - Amend to exclude trade-in allowance from the total consideration given for a new motor vehicle.
HFA (23/FN, C. Ratliff) - Exclude any trade-in allowance on a new motor vehicle for the calculation of usage tax on total cash consideration paid for the vehicle.
SFA (1, C. Borders) - Delete Sections 1 and 2 relating to property tax; provide that dealer demonstrator and previous model year motor vehicles will be taxed at 75% of the MSRP if no affidavit is available; delete language relating to historic motor vehicles; restore language establishing taxation for older used motor vehicles, and provide that such vehicles will be taxed at average trade-in value; provide for taxation at lesser of book or actual price paid for used cars more than 8 model years old; amend penalty provisions to increase penalty for first offense to $1,000.
CCR - Report that the conference committee met and could not agree and request a free conference
committee.
FCCR (Majority Report) - Recommend, as the Majority Report, adoption of the GA Copy of HB 74 without any further changes.
FCCR (Minority Report) - Recommend, as the Minority Report, deleting the provisions of the GA Copy of HB 74 and inserting in lieu thereof the provisions of the GA Copy of SB 275.
(Prefiled by the sponsor(s).)
Jan 6-introduced in House
Jan 7-to Transportation (H); posting waived
Jan 8-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 9-2nd reading, to Rules; recommitted to Appropriations and Revenue (H); floor amendments (1) and (2) filed to Committee Substitute ; posted in committee
Jan 12-floor amendment (3) filed to Committee Substitute
Jan 13-reported favorably, to Rules with committee amendment (1-title) ; posted for passage in the Regular Orders of the Day for January 14, 1998; floor amendments (4) (5) (6) and (7) filed to Committee Substitute
Jan 14-floor amendments (8) (9) (10) (11) and (12) filed to Committee Substitute; recommitted to Transportation (H)
Feb 26-reported favorably, to Rules with Committee Substitute (2); posted for passage in the Regular Orders of the Day for February 27, 1998; floor amendments (13) (14) (15 ) (16) (17) (18) (19) (20) (21) and (22) filed to Committee Substitute (2)
Mar 4-floor amendment (23) filed to Committee Substitute (2)
Mar 5-3rd reading, Floor Amendments (13) (15) and (22) defeated; passed 96-0 with Committee Substitute (2) Committee Amendment (1-title)
Mar 6-received in Senate
Mar 9-to Transportation (S)
Mar 11-reported favorably, 1st reading, to Calendar
Mar 12-2nd reading, to Rules
Mar 17-floor amendment (1) filed
Mar 19-recommitted to Transportation (S)
Mar 25-reported favorably, to Rules
Mar 27-posted for passage in the Regular Orders of the Day for March 30, 1998
Mar 30-3rd reading, passed 32-0 with floor amendment (1); received in House; posted for passage for concurrence in Senate amendment
Mar 31-House refused to concur in Senate floor amendment (1); received in Senate; posted for passage for receding from Senate amendment; Senate refused to recede from floor amendment (1); Conference Committee appointed in House and Senate; Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate
Apr 1-Free Conference Committee Majority and Minority reports filed in House and Senate
Apr 2-received in House; House adopted Free Conference Committee Majority report; passed 90-0; Free Conference Committee Minority report withdrawn in House; Senate adopted Free Conference Committee Majority report,; passed 28-0; enrolled, signed by each presiding officer, delivered to Governor
Apr 14-signed by Governor
|
