SB 247 (BR 1465) - R. Sanders Jr, C. Borders, V. McGaha, R. Stivers, E. Tori, D. Williams, G. Williams
AN ACT relating to tobacco growers' assistance and diversification.
Create various sections of KRS 138.130 to 138.205 relating to a tax on cigarettes to require portions of the tax on cigarettes to be collected by the Revenue Cabinet and deposited in the State Treasury in the Agricultural Diversification and Development Fund; create the Agricultural Diversification and Development Council and assign its duties; specify membership on the council to include a representative of the banking industry, four farmers, and two additional appointees of the Governor, and ex officio members to include the Secretary of the Finance and Administration Cabinet, the Commissioner of the Kentucky Department of Agriculture, the Director of the Cooperative Extension Service, and the Secretary of the Economic Development Cabinet; require the council to devise a system for prioritizing fund distributions, and to distribute funds in the Agricultural Diversification and Development Fund; require the council to coordinate efforts under the Act; require the council to prepare an annual report to the Governor and the General Assembly; attach the council to the Finance and Administration Cabinet for administrative purposes; require the moneys in the fund to be distributed or used by the Agricultural Diversification and Development Council as follows: four-tenths of a cent of the three cents per pack cigarette tax to the University of Kentucky and Kentucky State University Extension Service Programs, and the University of Kentucky College of Agriculture to carry out the duties and responsibilities set forth in the Act, one and eight-tenths of a cent of the three cent tax to grants and loans to tobacco growers, tobacco dependent communities, and other entities to be determined by the Agricultural Diversification and Development Council, one tenth of a cent of the tax to the Kentucky Department of Agriculture for marketing and agricultural diversification and development, and one tenth of a cent of the tax to the council for administration and other purposes as set out in the Act; require the funds to be distributed in the form of grants, loans, and other arrangements set forth by administrative regulations promulgated by the council; require funds to be provided to tobacco growers to assist them in growing their tobacco crop more efficiently an profitably, to tobacco growers to assist them in diversifying their operations, to tobacco dependent communities to help stimulate and diversify their economies to offset possible reductions in tobacco quotas in the county, and to organizations attempting to stimulate and diversify the local economies to offset possible reductions in the tobacco quota, and to assist tobacco growers who have lost quota or choose to diversify; create new section at KRS 164.605 to 164.675 to require the University of Kentucky and Kentucky State University Extension Service programs and the University of Kentucky College of Agriculture to use moneys provided under Section 3 of the Act to assist tobacco growers to more efficiently and profitably produce their crops, to assist tobacco growers to diversify their operations, to conduct research on tobacco and agricultural alternatives to tobacco production and aid in implementation of the research, to develop alternative crops and farm related enterprises to enhance, supplement, and substitute for tobacco production, to establish an education program and disseminate information to tobacco growers on tobacco and alternatives to tobacco production and the availability of state assistance, to engage in other activities deemed necessary by the extension board and the council to promote tobacco and agricultural alternatives to tobacco, to cooperate with other agencies in carrying out the purposes of pertinent sections of the Act, and to prepare an annual report to the Governor, the General Assembly, and the council to document progress; create new section at KRS Chapter 246 to require the Kentucky Department of Agriculture to use funds to promote tobacco and alternative crops and enterprises which can provide an enhanced income to tobacco growers , to assist in marketing crops and products which can provide alternative income to tobacco growers, to help establish the knowledge and infrastructure necessary to produce and market tobacco and alternatives to tobacco, and to cooperate with other agencies in carrying out the above.
SB 247 - AMENDMENTS
SFA (1, J. Pendleton) - Retain original provisions; provide one-tenth of one cent of the three cent per pack tax on cigarettes to the Department of Alcoholic Beverage Control for its role in enforcing KRS 438.305 to 438.340 relating to sales of tobacco to minors; reduce the amount of funds going to grants and loans for development and diversification by one-tenth of one cent of the three cent per pack tax on cigarettes.
HFA (1, D. Butler) - Eliminate the Secretary of the Finance and Administration Cabinet's membership on the Agricultural Diversification and Development Council; require that Council's administrative services be provided from the Department of Agriculture rather than the Finance and Administration Cabinet
HFA (2, J. Barrows) - Delete provisions that require funds from the cigarette excise tax imposed under KRS 138.140 to be placed in the Agricultural Diversification and Development Fund; establish an Agricultural Diversification and Development Fund to receive any increase in the cigarette excise tax subsequent to the effective date of the Act, as well as gifts, grants, funds from the tobacco settlement agreement or related federal legislation for tobacco farmers and tobacco dependent communities, and other funds; alter the way funds would be distributed to farmers, communities, and agencies; require the council that distributes the funds to be activated when funds are appropriated by the General Assembly; delete requirement that one-tenth of a cent of the three cent per pack tax on cigarettes be given to the Alcoholic Beverage Control Department to enforce provisions relating to sale and distribution of tobacco products to those under eighteen years of age.
HFA (3, J. Barrows) - Delete provisions that require funds from the cigarette excise tax imposed under KRS 138.140 to be placed in the Agricultural Diversification and Development Fund; establish an Agricultural Diversification and Development Fund to receive any increase in the cigarette excise tax subsequent to the effective date of the Act, as well as gifts, grants, funds from the tobacco settlement agreement or related federal legislation for tobacco farmers and tobacco dependent communities, and other funds; alter the way funds would be distributed to farmers, communities, and agencies; require the council that distributes the funds to be activated when funds are appropriated by the General Assembly; delete requirement that one-tenth of a cent of the three cent per pack tax on cigarettes be given to the Alcoholic Beverage Control Department to enforce provisions relating to sale and distribution of tobacco products to those under eighteen years of age.
CCR - Report that Conference Committee could not agree and requested Free Conference Committee be appointed.
FCCR (Majority Report) - Amend SB 214/GA to create the Agricultural Diversification and Development council; require the Department of Agriculture to provide staff for the council; activate the council when funds are appropriated by the General Assembly; establish the Agricultural Diversification and Development Fund to receive funds to be distributed by the council; establish the Tobacco Settlement Agreement fund to receive funds from the tobacco settlement or related federal legislation; allow moneys from the Tobacco Settlement Agreement fund to be used by the council when appropriated by the General Assembly; determine that the funds from the Agricultural Diversification and Development Council may be used for tobacco farmers and tobacco-dependent communities, the Extension Service, the Department of Agriculture, and for purchasing easements; exclude any amount received by a tobacco producer or quota owner from state income tax.
Feb 2-introduced in Senate
Feb 3-to Agriculture and Natural Resources (S)
Feb 18-reported favorably, 1st reading, to Calendar
Feb 19-2nd reading, to Rules
Feb 20-posted for passage in the Regular Orders of the Day for February 23, 1998
Feb 23-floor amendment (1) filed; passed over and retained in the Orders of the Day
Feb 24-3rd reading, passed 36-0 with Floor Amendment (1)
Feb 25-received in House
Feb 26-to Agriculture and Small Business (H)
Mar 6-posted in committee
Mar 12-reported favorably, 1st reading, to Calendar
Mar 13-2nd reading, to Rules
Mar 20-posted for passage in the Regular Orders of the Day for March 23, 1998
Mar 24-floor amendment (1) filed
Mar 26-floor amendments (2) and (3) filed
Apr 1-3rd reading, passed 87-0 with floor amendments (1) and (3); received in Senate; posted for passage for concurrence in House amendments on April 1, 1998; Senate refused to concur in House floor amendments (1) and (3); received in House; posted for passage for receding from House amendments
Apr 2-House refused to recede from floor amendments (1) and (3); 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; Free Conference Committee report filed in House and Senate; House adopted Free Conference Committee report; passed 90-0; received in Senate; Senate adopted Free Conference Committee report; passed 33-0; enrolled, signed by each presiding officer, delivered to Governor
Apr 14-signed by Governor
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