Chamber-backed mobile workforce bill passes U.S. House

The U.S. House passed an important measure backed by the Kentucky Chamber yesterday that will simplify the state taxation of employees who travel to work in non-resident states. H.R. 1864, the Mobile Workforce State Income Tax Simplification Act, establishes a 30-day national standard for non-resident withholding of state income taxes.

Currently, states have varying and inconsistent standards for employees to file personal income taxes when traveling to a non-resident state for temporary work periods, and for employers to withhold income taxes for those workers. Kentucky and other states require non-resident tax withholding after just one day of travel, while other states have different standards. In all, 41 states tax non-residents for work performed in their state, subjecting employers and employees to onerous administrative burdens. To ease compliance, H.R. 1864 creates a uniform standard – only non-residents who work more than 30 days in a single state are subject to that state’s income tax.

The bill now moves to the U.S. Senate.

 

Academic standards in Kentucky

Long term care operator pulls out of Kentucky, cites difficult legal climate

Extendicare Real Estate Investment Trust announced yesterday that its wholly owned subsidiary, Extendicare Health Services, Inc. (EHSI) has entered into an agreement to lease all 21 of its skilled nursing centers in Kentucky to a third-party long-term care operator based in Texas. The reason for jumping ship? Kentucky’s increasingly burdensome legal environment.

“EHSI has operated within the State of Kentucky for over 35 years and as such, we did not arrive at this decision easily,” said Tim Lukenda, President and CEO of Extendicare REIT. “However, the combination of a worsening litigation environment and the lack of any likelihood of tort reform in the State of Kentucky has made this the prudent decision for our company and unitholders.”

The Chamber has long supported comprehensive tort reform to make Kentucky’s business climate more competitive, and this past session pushed a bill that would have established a medical review panel process for lawsuits against long term care facilities. The rising costs associated with medical malpractice liability continue to take a significant financial toll on Kentucky’s health care industry, resulting in increased costs for businesses and consumers and contributing to a shortage of medical professionals. EHSI’s exit should serve as a wake-up call for Kentucky lawmakers.

Tax commission completes third meeting, now heads across state

A commission appointed to make recommendations to improve Kentucky’s tax code held its third meeting earlier this week in Frankfort. The Governor’s Blue Ribbon Commission on Tax Reform heard from two of its three recently named consultants, Dr. William Hoyt and Michael Childress of the University of Kentucky. Dr. William Fox, a University of Tennessee professor who previously consulted the state on tax reform in 2004, was not present.

Dr. Hoyt told the commission they would provide detailed data comparing Kentucky’s tax system to competing states and how different systems affect employment, location decisions, distribution (i.e. who pays what), and revenue stability. He said they would not determine whether a certain tax is “fair” or how the state should prioritize its spending.

Dr. Paul Coomes of the University of Louisville also testified, emphasizing that 42% of our economic output is concentrated in four counties (Jefferson, Fayette, Boone, and Kenton), three of which are along the Ohio River. He told the commission to be aware of tax changes that could further boost our border states, using the example of how alcohol tax changes in 2005 have caused a steep decline in beer sales in Kentucky.

Dr. Coomes said the state does a poor job of attracting talented workers and headquarters because of its high income taxes, and cautioned that raising taxes will not necessarily generate additional revenue – it could cause businesses and individuals to leave the state. He also said the state’s tax collection system is inefficient and recommended giving local jurisdictions more flexibility in raising revenue, including a local option sales tax.

Another academic, Robert Salyer of Northern Kentucky University, testified that the state should move away from the gross receipts tax because it results in tax pyramiding and is often buried in the sales price of a good.

As in the first two meetings, the commission received testimony from Greg Harkenrider, the state’s chief economist. He discussed some options for reforming tax expenditures, known to many as “loopholes.” He said adding a penny to the sales tax would generate $510 million in additional revenue, noted four expenditures on goods that would generate nearly $1.5 billion, and listed a slew of services that are taxed by other states. Harkenrider also said the state could broaden its income tax base by taxing pensions, capital gains transactions, disability income, and home mortgage interest.

The commission now heads across the state for meetings in each of the six congressional districts, beginning in Paducah on May 29. All meeting information is available on the commission website, which also provides a place for business owners and individuals to make public comments. We strongly encourage business owners to make your voice heard loud and clear to ensure any attempt at tax reform results in a more competitive business climate in Kentucky.

Kentucky Chamber urges tax commission to ensure competitiveness

Ensuring Kentucky’s competitiveness should be a key element of the work of a commission reviewing the state’s tax system, the Kentucky Chamber of Commerce said Tuesday.

“Kentucky has an opportunity, through the work of the governor’s Blue Ribbon Tax Commission, to take a close look at the realities of state taxes and spending and develop a system that will help ensure the long-term sustainability of important government programs while building taxpayers’ confidence in how their money is being spent,” the Chamber said in a statement sent to commission members and other policy leaders.

The Chamber urged the commission to keep several basic points in mind during its work:

  • Improving Kentucky’s competitiveness relative to other states is key to building an economy that will produce more tax revenue to fund needed programs.
  • State spending must be subject to a close review in light of the fact that spending priorities over the past few decades have shifted toward prisons, pensions and health care and away from investments in education and economic development.
  • The state should not overreact to the nation’s worst economic downturn in more than 75 years.
  • State spending has grown faster, on average, than the state’s economy over the past 20 years.

The economic growth necessary to produce more tax revenue cannot happen if Kentucky’s employers are put at a disadvantage through tax changes that hamper their ability to expand and create or retain jobs, the statement noted.

But slow state revenue growth in recent years has prompted some calls for higher taxes. “…One point that can get lost in these discussions is that the slowing revenue growth … has been the result of the worst economic downturn the nation has experienced since the Great Depression in the 1930s.” It is doubtful that any tax system could have fully protected Kentucky from the impact of such a recession, the Chamber added.

Citing its research on state spending that began in 2009 with the Leaky Bucket report and continued in 2011 with a follow-up report, the Chamber noted that unsustainable spending in several areas continues to pull money away from investments in education and economic development. Although progress has been made in slowing the spending increases, the growth rate in Medicaid, corrections and public employee health insurance spending continued to outpace that of the overall state budget through fiscal 2012.

“The bottom line: unless this spending is brought under control, it really doesn’t matter how much tax revenue is raised. The ‘leaks’ in the spending budget will ensure that no amount is enough,” the statement said.

The Chamber’s statement took note of two other items:

  • Local occupational taxes are putting Kentucky’s major metropolitan areas at a competitive disadvantage with their peer cities in the South. Compared to other states, Kentucky relies too heavily on income taxes at the state and local levels.
  • Kentucky ranks 30th in the nation in the amount of its residents’ personal income that goes to government spending, but Kentuckians earn less than the residents of 43 other states. State government has grown beyond the capacity of citizens and businesses to support it.

Chamber to testify at EPA hearings

The Kentucky Chamber of Commerce will participate in the United States Environmental Protection Agency (EPA) public hearings, in Frankfort on June 5 and Pikeville on June 7, regarding EPA’s objections to 36 individual permits that would authorize new or expanded surface coal mining activities in eastern Kentucky. These EPA objections have prevented the issuance of all individual Clean Water Act permits for new or expanded surface coal mining activities in eastern Kentucky for more than two years. The economic impact of the EPA objections to Kentucky is staggering: 19 recent EPA objections are estimated to cost Kentucky 3,800 jobs and more than $123,000,000 in coal severance taxes. The hearings will provide interested parties an opportunity to comment on the EPA objections. Upon conclusion of the hearings, EPA can confirm, modify or withdraw its objections, and the Kentucky Energy and Environment Cabinet will be afforded an opportunity to revise the permits to conform to EPA’s final decision.

Chamber signs letter of support to streamline environmental permitting process

The Kentucky Chamber of Commerce joined other business organizations from across the country today to strongly support the “Responsibility and Professionally Invigorating Development (RAPID) Act of 2012. If passed, the RAPID Act of 2012 will streamline the process for developers to obtain necessary environmental permits needed for construction in a more efficient and timely manner by coordinating responsibilities among numerous federal agencies. It will allow more state control and review of permits to avoid duplication and shortens the statute of limitations to challenge an environmental impact statement and single environmental assessment from six years to 180 days. This will allow for faster job creation and the nation’s economy to grow faster.

The RAPID Act of 2012 awaits action in the U.S. House Committee on the Judiciary.

Governor’s press release on health care exchanges

The Chamber signed on to a press release from the governor’s office on May 3 announcing that if the Affordable Care Act (ACA) is upheld by the U.S. Supreme Court in June the state will move forward in establishing a state-based health benefit exchange by executive order. Similar to shopping for a flight or hotel on a travel website, an exchange allows individuals and small businesses to shop for qualified health plans on the internet, giving them the ability to compare coverage, provider networks and cost. By bringing purchasers to one central location, the goal is to drive down premium rates through increased competition and reduced marketing expenses.

The ACA permits states to develop an exchange for individuals and small businesses. If a state chooses not to operate its own exchange, the federal government will do so for us. Whether supportive of the ACA or not, the Chamber has long stated that it is better to have the exchange operated in Kentucky than by Washington bureaucrats. It is important for Chamber members to understand that supporting a state-based exchange is not an endorsement of the law itself. So long as the law stands, we must work to shape it in a way that best serves our members.

Prescription drug bill passes, special session ends

The Kentucky General Assembly concluded a five-day special session late Friday afternoon by passing the two pieces of legislation that were unfinished business from the 2012 regular 60-day session.

The majority of Friday was spent wrapping up a compromise on a comprehensive bill to help curb prescription drug abuse in the state. HB 1, as amended by the Senate, includes several provisions recommended by the Kentucky Chamber: requiring the use of the state’s prescription drug monitoring program (KASPER) when physicians write new prescriptions for drugs containing hydrocodone; limiting the direct dispensation of drugs containing hydrocodone to no more than a 48-hour supply; and urging Kentucky to join multi-state interstate compacts to exchange drug-related information. Control of KASPER will remain in the Cabinet for Health and Family Services instead of being transferred to the Attorney General’s Office, as outlined in previous versions that passed the House. The measure passed the Senate 26-12, was concurred by the House and now awaits the governor’s signature.

On Friday morning, the Senate passed the funding mechanism to the state’s two-year road plan that was signed into law earlier this week by the governor. An amendment added by the Senate Appropriations and Revenue Committee that would have restored $55 million dollars in projects was removed after the House did not concur. The Senate passed the bill without the additional projects, sending it to the governor’s desk. 

Chamber president testifies on importance of controlling prescription drug abuse

Yesterday, Chamber President & CEO Dave Adkisson testified at the House Judiciary Committee meeting on the importance of passing a bill to curb Kentucky’s prescription drug abuse. The committee heard more than two hours of testimony for and against the bill, which would require physicians to participate in Kentucky’s prescription drug monitoring system (KASPER) and move control over the system to the Attorney General’s office. The bill would also require pain clinic owners in Kentucky be licensed physicians. Adkisson spoke on behalf of the business community, stressing the importance of a qualified and drug-free workforce.

“Businesses large and small, rural and urban are all experiencing cost increases due to prescription drug abuse.”  Adkisson said. “Drug abuse is not only a social problem, it is also a bottom-line business issue for Kentucky employers.”

Those increased costs include Kentucky’s workers’ compensation premiums. Kentucky’s prescription drug addiction makes up nearly 20% of the medical costs that Kentucky’s workers’ compensation systems pays out annually for injured workers. Three of the top drugs in terms of dollars paid out of Kentucky’s workers’ compensation system are scheduled narcotics. “Surprisingly, it’s not the cost of the drugs that drive up costs, but the utilization,” explained Adkisson.

Besides the social issues and costs to businesses, prescription drug abuse is creating a workplace safety issue. “Kentucky’s workforce is not being rehabilitated and returning to work because our workforce is becoming more and more dependent on prescription drugs to manage the pain rather than traditional rehabilitation methods. Individuals impaired by prescription drugs create a serious workplace safety issue for those around them,” said Adkisson.

The Kentucky Chamber was joined by 16 other business groups and local chambers in urging the General Assembly to pass a comprehensive bill attacking prescription drug abuse. HB 1 (known as HB 4 during the regular session of the General Assembly) passed the House Judiciary Committee on Tuesday and the full House of Representatives today.

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