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Top Ten Worst Bills of 2008 for Small Business  

Here’s the bottom line…each of these bills-- if passed--will raise the cost of your taxes, your health insurance or your workers’ compensation coverage. It is imperative that you contact House and Senate Leadership ( 1-800-372-7181) and let them know as a small business owner you OPPOSE these bills. Remind your legislative leaders that small business matters in Kentucky.

1. Mandated Health Reimbursements – HB 148 (Keene) would erode the ability of a health insurer to negotiate reimbursement rates with Chiropractors. This will open the door for other providers to demand increased reimbursements, which will be paid by you in higher health insurance premiums. It will also automatically increase reimbursement costs annually by the consumer price index (CPI). The bill passed out of the House 80-7 and now awaits action in the Senate.

2. Increased Health Insurance Costs SB 59 (Buford) and HB 433 (Westrom) would mandate that all health benefit plans provide coverage for the dialysis provider of the insured's choice, in or out of network.  Both pieces essentially legislate what should be a private contract negotiation leading to increased costs for your health insurance premiums.

3. Increased Litigation – HB 382 (Marzian) amends current Kentucky law, which prohibits gender-based wage differentials by introducing the discredited standard of “comparable worth.”  Gender-based wage discrimination is already illegal under Kentucky law and the federal Equal Pay Act.  This legislation would place a heavy burden on employers, and would lead to significant confusion, increased litigation and harm Kentucky’s efforts to recruit jobs and opening your business to increased lawsuits.

4. Increased Litigation - HB 624 (Marzian) would permit an employee to sue an employer for reckless conduct. This defeats the “exclusive remedy” of worker’s comp and opens all employers to lawsuits. This would devastate the workers’ comp system and make the coverage valueless to employers.

5. Lawsuit Expansion – HB 297 ( Wilkey) would allow a surviving spouse to add a “loss of consortium” claim as part of a wrongful death action in addition to unlimited economic damages and the potential for punitive damages. This legislation would be retroactively applied to all wrongful death causes of action existing at the time of the legislation’s effective date, raising the cost of your liability insurance.

6. Increased Estate Tax – HB 566 (Wayne) would raise the estate tax by an estimated $45 million without regard to the federal phase-out. This “death tax” would apply to all estates (including family farms and businesses) of more that $3.5 Million, making it difficult to pass your business to the next generation.

7.Workers Comp HB 498 ( Marzian) and SB 199 (Jones) would suspend the current statute that calls for the use of the most current edition of the American Medical Association (AMA) guidelines to the evaluation of impairment, and locks in the current (5 th) edition. While some ratings are more liberal in the newest (6 th) edition, several key impairment ratings have been adjusted to be more reasonable and will reduce workers’ compensation medical costs substantially. HB 498 passed out of the House 67-26 and now makes its way to the Senate. This will raise your workers’ compensation insurance.

8. Workers Comp HB 575 (Marzian) would include additional multipliers in the definition of permanent disability ratings.  This legislation would increase the workers’ compensation benefit payment for employees raising your workers’ compensation cost.

9. Workers Comp HB 598 (Marzian) would add additional costs to the workers’ compensation system by increasing the maximum amount of attorney’s fees you as an employer would be required to pay by 60%, from $12,000 to $20,000 raising your workers’ compensation cost.

10 . Workers Comp HB 601 (Marzian) would expand workers’ compensation benefits for an additional two years, raising your workers’ compensation cost.

Lap Around Kentucky Aug-Oct 2007

Kentucky small-business worked together to force changes to the tax codes passed in 2005 during the extraordinary session last year. In order to continue that success the Small Business Caucus held meetings around the state in preparation for the 2008 session.

Aug 29 - Owensboro hosted by the Greater Owensboro Chamber of Commerce

Aug 29 - Madisonville hosted by Fortner Propane Gas

Aug 30 - Bowling Green hosted by the REALTOR Assoc. of Southern KY

Sep 12 - Pikeville hosted at the Landmark Inn

Sep 26 - Lexington hosted by the KY Association of REALTORS

Oct 11 - Ft. Wright hosted by Robke Chevrolet

Oct 19 - Louisville hosted by Neil Huffman Chevrolet

Governor's Forum July 2007

A capacity crowd of small business leaders turned out to hear from the two candidates for governor at our Governor's Forum in Louisville last month. Challenger and democratic contender Steve Beshear addressed the small business caucus in the morning and was followed by the incumbent governor and republican candidate Ernie Fletcher. Each of the candidates placed a strong emphasis on the vital role the small business community plays in Kentucky's economy and expressed a desire to work with the small business caucus for the benefit of the entire Commonwealth.

2007 Regular Session

The 2007 Session of the Kentucky General Assembly is complete with the legislature adjourning sine die on March 27th at 11:20 p.m. We began the session with three top issues which were announced at our Small Business Day at the Capitol event. They included Small Business Economic Development Tax credits (HB-460 sponsored by Rep. Pullin and Rep. Montell), a Small Business Income Tax bill that allows a carry forward of the limited liability entity tax (HB-480 sponsored by Rep. Belcher and Rep. Brinkman) and some changes to the workers' compensations system to allow employers who voluntarily adopt a drug free workplace policy to receive a 5% discount.

Our first two bills (HB-460 and HB-480) were likely casualties of the battle between the House and Senate whose disagreements on other issues like the budget, funding the retirement system and primary election runoffs have determined the fate of a number of bills. We were successfull however in attaching our workers' comp 5% discount language to HB-296. The bill then passed the House 99-0 and the Senate 37-0-1 and has gone to the Governor for his signature.
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About: Our Beginning
The Kentucky Small Business Caucus was formed in 2003 to provide a vehicle for coordinated action on behalf of all types of small business owners. We have grown to include more than 40 trade and professional organizations who pool our collective strengths & resources in an effort to work on issues of common concern to all small businesses & entrepreneurs.

About: Our Success
The Kentucky Small Business Caucus has had remarkable success including successful passage of a $20 million health care initiative called ICARE and securing over $40 million in small business Tax relief. There is still more work to be done and we do not intend to rest on our laurels.

In order to continue succeeding we need you the small business person to get involved. There is a variety of opportunities for you to participate from attending a legislative briefing in your community, responding to our legislative issue alerts, help to shape the next legislative agenda, attending the Small Business Day at the Capitol, and of course contacting your state representative or state senator. If you care about the issues which affect your business and want to be involved there are many ways for you to do so through the Kentucky Small Business Caucus.

About: Our Open Meetings
During the Legislative Session, the Kentucky Small Business Caucus meets at the Capitol Annex every Thursday at 2:00PM. Attendees discuss and are updated on issues of importance. Efforts are coordinated on priority issues among the groups present.

All Small Business Organizations and Local Chambers of Commerce are welcome and invited to participate in the Caucus. Even if your organization does not have a daily presence in Frankfort, you are invited to join. Member organizations receive regular e-mail updates. The strength of the Caucus lies in the collective grassroots provided by member organizations.

About: Our "Lap Around" Kentucky Events
Beginning in 2005 and continuing in 2006 the Caucus has held a series of Small Business forums across the state. Our first “Lap Around Kentucky 2005” and our most recent "2nd Lap Around Kentucky 2006" have gone literally from Pikeville to Paducah, from Ashland to Bowling Green, from Fort Wright to Williamsburg, providing an opportunity for Small Business owners to hear first hand about the issues that directly impact them.

To see the current Lap Around Kentucky schedule click here.

• View video clip from the 2005 event (36.6 MB)

About other Opportunities to Participate

Small Business Summit
Representatives of each member organization traditionally meet in December for a day-long Small Business Summit meeting to discuss issues and develop a prioritization of issues to be worked in the upcoming Legislative Session.

Annual Small Business Day at the Capitol
In 2005, the Kentucky Small Business Caucus conducted our first Small Business Day at the Capitol which was attended by over 400 business owners and keynoted by Governor Ernie Fletcher.

In 2006, we again held a successful Small Business Day at the Capitol, inviting members to become informed about our legislative priorities and conducting visits with their various State Representatives and Senators.

About How to Join
If you would like to join Kentucky SBC complete our online form or for more information contact Tom Underwood at info@kysmallbusiness.org 502.223.5322. View our most recent list of Kentucky SBC organizations below.

KY-IN Automotive Wholesalers Association, Kentucky Farm Bureau , KY Auto & Truck Recyclers Association, KY Fabricare Association, KY Fire Sprinkler Contractors Association, National Federation of Independent Business/Kentucky, Associated General Contractors of Kentucky, KY Soft Drink Association, KY Hotel/Motel Association, KY Propane Gas Association, KY Society of CPAs, KY Grocers Association, KY Motor Transport Association, KY Automobile Dealers Association, KY Association of Manufacturers, Home Builders Association of Kentucky, KY Retail Federation, KY Medical Equipment Suppliers Association, KY Restaurant Association, American Council of Engineering Companies of KY, KY Building Materials Association, KY Forest Industries Association, KY Malt Beverage Council, Northern KY Chamber of Commerce, KY Chamber of Commerce, Coal Operators & Associates, KY Nursery & Landscape Association, KY Association of Plumbing-Heating-Cooling Contractors, KY Society of Architects, KY Association of Realtors, KY Manufactured Housing Institute, Louisville Board of Realtors, KY Oil & Gas Association, Society of Human Resource Managers, Greater Louisville, Inc., Owensboro Chamber of Commerce, National Association of Women Business Owners/Lexington, Pike County Chamber of Commerce, Funeral Directors of Kentucky


About How to Contact Us
For more information contact Tom Underwood at info@kysmallbusiness.org, phone 502.223.5322 or mail PO Box 4001, Frankfort, KY 40603.