New Division of Water Stormwater Reulations

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KATRA Legislative Update

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 HB 85 (BR 355) - J. Vincent

AN ACT relating to recyclers.
Create new sections of KRS 224.50 require junkyard operators to report material quantities and income for taxation purposes; to declare that violators of this Act shall be guilty of a misdemeanor and subject to fines; to require that a bill of sale identify the seller of a motor vehicle as the owner or one having the power of attorney for the owner; require the receiving operator to file these documents with the county clerk; allow a person to qualify as an employee of an operator through a notarized document; require that each operator maintain a file with employee notarized documents; require an intervening operator to furnish its employee's notarized documents to all of its receiving operators; repeal, reenact, and amend KRS 177.905, 177.910, 177.912, 177.915, 177.920, 177.925 177.935, 177.940, 177.950, and 177.951 as new sections of KRS 224.50 to allow the cabinet to promulgate administrative regulations regarding reporting sales of recyclable materials for state tax purposes and develop forms with specific requirements to implement this system; allow for verification of a seller's identity through a driver's license and proof of insurance; allow the cabinet to impose fines on any person or operator who fails to file vehicle transfer papers with the county clerk; make conforming amendments and technical corrections; amend KRS 177.990 to remove the penalty section for the sections that have been reenacted under this Act; amend KRS 177.978 to conform; provide that on the effective date of this Act, all relevant administrative and enforcement powers shall be transferred from the Department of Highways to the Environmental and Public Protection Cabinet.
    (Prefiled by the sponsor(s).)

    Dec 7: To Interim Joint Committee on Agriculture and Natural Resources
    Jan 3: Introduced in House; to Transportation (H)
    Feb 14: Posted in committee
This bill would move auto recyclers from the Motor Vehicle Commission to the Kentucky Environmental and Public Protection Cabinet. The bill also puts many new requirements and record keeping responsibilities on auto recyclers.

Position: Oppose
Status: This bill is bottled up in the House Transportation Committee where it will remain.




 HB 548/FN (BR 1765) - D. Ford

AN ACT relating to motor vehicle usage tax.
Amend KRS 138.450 to establish a valuation floor for used vehicles that is not less than 50% of the difference between the trade-in book value of the vehicle offered for registration and the trade-in book value of the vehicle offered in trade; define additional terms; amend KRS 138.460 to provide a refund procedure for overpayments when the tax paid is based on the floor value; require the Department of Revenue to promulgate regulations to develop procedures and forms; amend KRS 138.464 to conform; EFFECTIVE AUGUST 1, 2006.
     HB 548 - AMENDMENTS

       HCS/FN - Amend KRS 138.450 to establish a valuation floor for used vehicles that is not less than 50% of the difference between the trade in book value of the vehicle offered for registration and the trade in book value of the vehicle offered in trade; define additional terms; exclude branded vehicles from 50% floor; amend KRS 138.460 to provide a refund procedure for overpayments when the tax paid is based on the floor value; require the Department of Revenue to promulgate regulations to develop procedures and forms; amend KRS 138.464 to conform; EFFECTIVE August 1, 2006.

    Feb 9: Introduced in House
    Feb 10: To Appropriations and Revenue (H)
    Feb 14: Posted in committee
    Feb 27: Reported favorably, 1st reading, to Calendar with Committee Substitute
    Feb 28: 2nd reading, to Rules
This bill would require that all vehicles be assigned a minimum value of 50% book or the purchase price, whichever is higher. Position – Neutral, after amendment Status – KATRA was successful in adding language that exempts all vehicles with a salvage title, rebuilt or branded title from the minimum valuation requirements. The bill is still opposed by the KADA.




 HB 746 (BR 2440) - R. Webb

AN ACT relating to water quality planning consolidation on a watershed basis.
Create a new section of subchapter 70 of KRS Chapter 224 to require the Environmental and Public Protection Cabinet to develop a watershed-based planning program for the nine major watersheds in Kentucky; provide requirements for the membership of planning and administration of watershed-based planning councils; require that area development districts provide support to councils and have authority to contract; provide for submission from councils of watershed-based plans to the Division of Water; require the cabinet to promulgate regulations; provide that the Division of Water and councils may accept funds.
    Feb 27: Introduced in House
    Feb 28: To Natural Resources and Environment (H)
A spectacularly bad bill that dramatically increases the cost and compliance issues related to storm water runoff. A wide variety of groups are opposed to this legislation.

Position: Oppose
Status: This bill should die in committee. Efforts continue to insure its demise.



Dear KATRA Member:

You may have seen in the newspapers that the Kentucky Cabinet for Natural Resources and Environmental Protection (CNREP) has announced that it will seek to pass legislation in a special session that will require state-wide garbage collection. What they are not telling you is that part of the package will directly impact the salvage industry. The Cabinet is coming up with a whole new batch of permits, rules, and fees for your business. And this is no rumor. You will find information at the CNREP website at www.kyenvironment.org to read it for yourself.

We need your help. The Kentucky Auto & Truck Recyclers Association (KATRA) is preparing to fight to keep these new regulations out of your business. Make no mistake about it, this is a fight for the very existence of must salvage yards in Kentucky. The Natural Resources Cabinet has told us that they have spent the last four years preparing aerial maps of the entire state. They have pinpointed every illegal dump and salvage yard. They have stated in meetings with KATRA officials that their goal is to remove every inoperable vehicle from public view. This will include unlicensed salvage yards, repair shops with "graveyards," and individual property owners with derelict vehicles. As you will see from the enclosed documents, their plans are well organized, staffed, and they plan on lots of funding. One of their proposals includes requiring a bond of $23 per car from each salvage yard to ensure cleanup.

The Kentucky General Assembly will be called into Special Session in February to vote on this program as part of a package on Solid Waste. If you don't know who your State Senator and State Representative are, you may either call the KATRA Office at (502) 223-5322, or call your local board of elections.

Read the information enclosed to learn how the salvage industry is being targeted. For further information, contact KATRA at (502) 223-5322. It's about your business.




After You Have Read the Evidence What Can You Do to Help?

Call your State Senator and State Representative today. Tell them that salvage yards are already licensed by the Kentucky Motor Vehicle Dealers Commission and regulated by the Department of Highways. Tell them we don't need another layer of bureaucracy. Tell them that salvage yards are America's oldest and most successful recycling industry. We need the existing laws enforced. If they still have questions, refer them to KATRA's lobbyist - Tom Underwood.


©2016 Kentucky Auto and
Truck Recyclers Association
Kentucky Auto and Truck Recyclers Association
5932 Timber Ridge Dr, Ste 101
Prospect, KY 40059
Phone : 502-223-5322  •  Email : info@katra.org