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LEGISLATIVE FOCUS 2019 LOCAL | STATE | NATIONAL PUBLIC POLICY STATEMENTS

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Page 1: LEGISLATIVE FOCUS 2019 - Lexington, KY...Bowling Green Mayor Bruce Wilkerson, Warren County Judge Executive Mike Buchanon, and Bowling Green Chamber President Ron Bunch spoke to the

LEGISLATIVEFOCUS 2019LOCAL | STATE | NATIONAL

PUBLIC POLICY STATEMENTS

Page 2: LEGISLATIVE FOCUS 2019 - Lexington, KY...Bowling Green Mayor Bruce Wilkerson, Warren County Judge Executive Mike Buchanon, and Bowling Green Chamber President Ron Bunch spoke to the

COMMERCE LEXINGTON INC.

CLX PUBLIC POLICY PROCESS

2 Legislative Focus: 2019 Public Policy Statements

REPRESENTING YOUR BUSINESS IN GOVERNMENT

Business leaders are often too busy attracting investments and creating jobs tofocus large amounts of time on monitoring legislation and regulations, analyzingtheir effect and advocating for their passage, defeat or modification. That’s whyCommerce Lexington Inc. and its Public Policy Council gather the top experts in avariety of industries, harness that knowledge, and advocate for the interests of busi-ness in the halls of our State Capitol or the Lexington-Fayette Urban County Gov-ernment to create a more business-friendly environment. Each year, we work withyou – our members – to identify issues affecting the business community and spot-light the best public policy solutions. Our strong working relationships with local,state and federal officials mean that you will be well-represented and your voice willbe magnified by the more than 1,700 members on whose behalf we speak.

Commerce Lexington Inc.'s Public Policy Council is the bricks,mortar and labor that make the structure that is Commerce Lex-ington's Public Policy effort. The council members and chair areall volunteers and represent a variety of non-profit, local govern-ment, large and small businesses, education groups and utilitiesrepresenting a broad spectrum of Commerce Lexington's mem-bers. The Council's Chair is appointed annually by the Chair ofthe Board of Commerce Lexington.

The Public Policy Council meets monthly May through Decemberand establishes the agenda for Commerce Lexington for the up-coming session. During these meetings, the Council hears froma variety of groups, non-profits and businesses that want to joinCommerce Lexington in advocating for their positions in Frankfortand Washington.

After the Public Policy Council approves the policy statements, thepositions are then approved by Commerce Lexington's ExecutiveBoard. Once approved, the statements are published annually inCommerce Lexington Inc.'s “Legislative Focus.” Copies of theagenda are distributed to all of Commerce Lexington Inc.'s mem-bers, all 138 members of the General Assembly and the Gover-nor's Office.

In the heat of a Legislative Session, there are always important andtimely legislative issues and bills that arise. When the Public PolicyCouncil is asked to weigh-in on legislation, emergency meetingstake place for the Council to take up the legislation and createCommerce Lexington's position. The position is then presentedto the Executive Board for approval if time allows.

CONTACT:Andi JohnsonChief Policy Officer andDirector of Regional EngagementPhone: (859) [email protected]

U.S. Capitol Building

Page 3: LEGISLATIVE FOCUS 2019 - Lexington, KY...Bowling Green Mayor Bruce Wilkerson, Warren County Judge Executive Mike Buchanon, and Bowling Green Chamber President Ron Bunch spoke to the
Page 4: LEGISLATIVE FOCUS 2019 - Lexington, KY...Bowling Green Mayor Bruce Wilkerson, Warren County Judge Executive Mike Buchanon, and Bowling Green Chamber President Ron Bunch spoke to the

4 Legislative Focus: 2019 Public Policy Statements

CLX PUBLIC POLICY COUNCIL

Dennis AndersonAnderson Communities

Rusty AshcraftNorth Stars LLC

Kevin AtkinsCity of Lexington

Bob BabbageBabbage CoFounder

Lourdes BaezBaptist Health

Carla BlantonCarla Blanton Consulting

Tony BonnerDinsmore

Patrick BrewerLexmark International, Inc.

Ann BridgesEast Kentucky Power Cooperative

Stuart BrownKentucky Thoroughbred Association

Brian BruggemanKLH Engineers

Steve ByarsMoney Watch Advisors

JD ChaneyKentucky League of Cities

Rick ChristmanEmployment Solutions

Ben CrittendenMorgan & Pottinger, P.S.C.

Ray DanielsLexiDan Foods

Greg DixonSMART Recycling Management

Rob EdwardsUK HealthCare

David Freibert, CHAIRLG&E & KU Energy

Gina GreathouseCommerce Lexington Inc.

Bart HardinUniversity of Kentucky

Chad HarpoleCentury Aluminum

Andy HaymakerHaymaker Development Company

Stephen HillenmeyerStephen Hillenmeyer Landscape Services

Jay IngleJackson Kelly PLLC

Todd JohnsonBuilding Industry Association of Central Kentucky

Jimmy KeetonKentucky American Water

Jason KellerCharter Communications

Clay LarkinBingham Greenebaum Doll LLP

Eric LycanDinsmore

Mark ManualBluegrass Community & TechnicalCollege

Doug MartinR. Douglas Martin, Attorney-At-Law

Barry MayfieldEast Kentucky Power Cooperative

Herb MillerColumbia Gas of Kentucky

Chuck MixEMH Systems Inc.

Chauncey MorrisKentucky Thoroughbred Association

Rob MuddAzur Restaurant & Catering

Nick NicholsonStoll Keenon Ogden LLC

Chris NolanMcBrayer Law

Sara OsborneMcBrayer Law

David OwenDickinson Wright PLLC

Stewart PerryPerry and Perry/State Farm Insurance

Bob QuickCommerce Lexington Inc.

Bill and Felicia QuiggMore Than A Bakery

Mary Quinn RamerVisitLEX

Robert RiggsRiggs Sales Service, Inc.

David RoyseRansdell, Roach & Royse

Linda RumpkeColumbia Gas of Kentucky

Ed SaunierNorth American Van Lines

Taylor SawyerBig Ass Solutions

Julie SchmidtKentucky Education Television

Scott SmithSmith Management Group

Hunter StoutDean Dorton

David SwitzerKentucky Thoroughbred Association

Judy TaylorKeeneland Association

Darryl ThompsonFayette County Public Schools

George WallaceWesBanco Bank

Ashli WattsKentucky Chamber of Commerce

Tyler WhiteKentucky Coal Association

2018 Kentuckians in Washington Summer Reception during Central Kentucky’s Washington Fly-In in July.

Page 5: LEGISLATIVE FOCUS 2019 - Lexington, KY...Bowling Green Mayor Bruce Wilkerson, Warren County Judge Executive Mike Buchanon, and Bowling Green Chamber President Ron Bunch spoke to the

WHAT CLX DOES FOR YOUR BUSINESS

CLX’s Public Policy Division:Actively monitors all legislative activity from Urban CountyGovernment, the Kentucky General Assembly and the U.S.House and Senate.Provides extensive lobbying efforts for small and large busi-nesses, non-profits and education groups at a local, state andfederal level.Conducts extensive lobbying and monitoring of legislative andordinance activity with the LFUCG Council and the Mayor'sOffice - a product only a local chamber can provide. Monitors all Kentucky Administrative Regulations and activelyparticipates in opposing regulations that negatively affectsbusiness. Monitors and participates in critical environmental activity in-cluding the EPA/LFUCG Consent Decree and air and waterquality regulations at a local, state and federal level.Participates in legislative and legal coalitions, submitting let-ters, filing legal briefs, and testifying on behalf of businesswith pending court cases or at committee meetings.Provides weekly e-mail updates during Legislative Sessions toall Commerce Lexington Inc. members communicating im-portant bills and action that impacts the bottom line for areabusinesses.Creates numerous networking opportunities throughout theyear for members to interact with our local, state and federaldelegation and their staff to communicate the needs of Cen-tral Kentucky Businesses.Organizes an annual regional Washington Fly-In to presentthe needs and concerns of Central Kentucky's businesses toWashington.

Public Policy Luncheon SeriesThis event series is a unique opportunity for members and gueststo network over lunch and hear from leading State and Nationalofficials about current events and critical issues confronting ourregion, state, and country. Over 1,000 people attended the PublicPolicy Luncheon series in 2018, featuring U.S. Senator Mitch Mc-Connell, Kentucky Agriculture Commissioner Ryan Quarles, U.S.Transportation Secretary Elaine Chao (pictured below), and Lex-ington Mayoral Candidates Ronnie Bastin and Linda Gorton.

Kentucky Regional TourCommerce Lexington Inc. recognizes the vital role that other Ken-tucky regions play in Central Kentucky's economy. Since 2009,Bluegrass leaders have toured portions of Eastern Kentucky, SouthCentral Kentucky, Northeastern Kentucky, areas in and aroundLouisville, Northern Kentucky, and Western Kentucky to get a bet-ter understanding of challenges in those areas, and learn aboutsuccessful projects and initiatives. State lawmakers consistentlyvote on projects that impact the Bluegrass, so this is our way ofrecognizing their efforts and support. In October 2018, a group ofabout 50 people visited and studied Bowling Green.

Washington, D.C. Fly-InThe Bluegrass Region’s Annual DC Fly-In is comprised of CentralKentucky’s leaders from the business community, non-profit sector,post-secondary institutions and local elected officials who travel toWashington, D.C. to meet with Kentucky’s federal Congressional del-egation to advocate on behalf of the region’s federal legislativeagenda. In addition to meeting with Kentucky’s federal delegation,the DC Fly-In affords participants the opportunity to hear from vari-ous leaders and policy experts on Capitol Hill over a two-day period.About 50 regional leaders participated in the D.C. trip in July 2018.

Central Kentucky Day at the CapitolThe focus of this event is to provide an opportunity for advocacy,relationship building and issue education in Frankfort during the2019 General Assembly. During the day-long event, business andcommunity leaders from Central Kentucky, local and state electedofficials, local chambers and economic development groups willcome together in Frankfort to discuss state policy issues of im-portance to the region. During the visit, meetings will be heldwhere attendees will interact with state legislators and top-levelExecutive branch officials and other issue experts. A lunch eventwill be hosted for attendees in the Capitol Annex. Other inviteesto the special legislative lunch include the Governor’s Office andstaff, Executive Branch officials and all state legislators.

Legislative Focus: 2019 Public Policy Statements 5

Bowling Green Mayor Bruce Wilkerson, Warren County Judge ExecutiveMike Buchanon, and Bowling Green Chamber President Ron Bunch spoketo the Kentucky Regional Tour delegation in October.

Page 6: LEGISLATIVE FOCUS 2019 - Lexington, KY...Bowling Green Mayor Bruce Wilkerson, Warren County Judge Executive Mike Buchanon, and Bowling Green Chamber President Ron Bunch spoke to the

6 Legislative Focus: 2019 Public Policy Statements

EDUCATION

Fayette County Public SchoolsCommerce Lexington fully supports the Fayette County PublicSchools (FCPS) Strategic Plan, Expect Excellence, developed withinput from more than 18,000 stakeholders including students,staff, families, community and business leaders, and adopted bythe Fayette County Board of Education. The five imperatives: Ex-cellent Student Opportunities, Excellent Schools, Excellent Staff,Excellent Supports and Excellent Relationships will guide the workof the district. Commerce Lexington is encouraged by the devel-opment and implementation of the strategic plan to transformFayette County Public Schools. The business community is com-mitted to partnering with FCPS in efforts aimed at ensuring excel-lence, equitable access, opportunity, career-based learning andparticipation for every student to meeting the districts two moralimperatives: to accelerate the academic success of students reach-ing toward proficiency and to challenge students who have alreadyreached proficiency to become more globally competitive. We arealso encouraged by the transparency and accountability providedby the district in reporting its progress through status trackers,school and district report cards and an annual State of the Schoolspublication, as well as the alignment of district priorities to budgetplanning.

Family & Community Engagement Family and community engagement through shared accountabilityand advocacy are critical to ensuring that Lexington has a world-class system of great schools. As our community has grown andchanged, students carry heavier burdens with them to school, suchas the effects of food scarcity, housing insecurity and homeless-ness, poverty, and community-based trauma – all of which can bebarriers to academic achievement. Family and community engage-ment are truly embraced within a community by collectively rec-ognizing the various ways to effectively support children’s learningand health development within the home and school. Studentswith engaged families earn higher grades, have an increased abilityto adapt, possess better social and emotional skills, exude betterbehavior, attend school more regularly, exhibit faster rates of liter-acy acquisition, and graduate to go on to higher educational pur-suits and careers. Recognizing that every child deserves achampion, Commerce Lexington supports innovative approachesto increase capacity to support the engagement of families andother caring adults as partners in schools. Initiatives include: Fam-ily University, Give 10, Summer SLAM and the Real Men Read pro-grams to provide avenues for family education and communityadvocacy. Commerce Lexington is committed to supporting theseand other efforts that help transform schools from the outside inby strengthening families, neighborhoods and communities.

STEM is Critical to CompeteCommerce Lexington supports legislative and local district effortsto increase graduates in the Science Technology, Engineering, andMathematics (STEM) disciplines to meet the ever-growing needsof employers. Commerce Lexington believes Kentucky studentsshould be challenged at all educational levels and provided the in-struction they need to succeed in the new global economy. Improv-ing academic achievement of all students can be done byencouraging rigorous and relevant courses and career-related expe-riences. Critical to Kentucky’s ability to compete in the global econ-omy is a commitment to increasing the focus on STEM in ourschools through learning opportunities that provide enrichmentsand exposures in aviation and aeronautics; agriculture, and relatedagri-science; computer and informational sciences; health care,biotechnology and biomedical sciences to name a few. CommerceLexington also supports utilization of secondary career and technicaleducation programs comprised of project-based learning to furtherthis goal. An increased focus on STEM disciplines, however, doesnot mean the exclusion of arts and social science curriculum.

Kentucky Education Television (KET)Commerce Lexington fully supports the lifelong educational pro-gramming and work KET delivers to schools and the public.Through technology, KET provides access, equity, and quality ed-ucational resources focused on student achievement and teacherpreparedness. In addition, KET plays a key role in assisting Ken-tuckians with less than a high school education with receiving theirGED.

About 1,300 freshmen students from three Academies of Lexington highschools attended a Career Exploration Event presented by Lexmark.

Page 7: LEGISLATIVE FOCUS 2019 - Lexington, KY...Bowling Green Mayor Bruce Wilkerson, Warren County Judge Executive Mike Buchanon, and Bowling Green Chamber President Ron Bunch spoke to the

Financial LiteracyCommerce Lexington supports the inclusion of “Financial Liter-acy” education in Central Kentucky’s school classrooms. Thistraining can be achieved through traditional curriculum develop-ment or through private-public initiatives such as Junior Achieve-ment of the Bluegrass partnership with the Fayette County PublicSchools. Financial literacy programs introduce students to impor-tant life skills and concepts such as budgeting, banking, under-standing the difference between debit and credit cards, usingcredit responsibly and financial planning, as well as investmentssuch as stocks, bonds and other securities. In addition to provid-ing students with a skill set essential for a successful future, Com-merce Lexington believes that financial literacy education in ourschools is imperative to training a future workforce that is an at-tractive local resource for new business and economic develop-ment.

Support Robust & Relevant Standardsfor College & Career Readiness Commerce Lexington supports standards that are designed to berobust and relevant to the real world, reflecting the knowledge andskills that our young people need for success in post-secondary ed-ucation and careers. With Central Kentucky students fully preparedfor the future, our communities will be positioned to provide theworkforce needed to compete for business retention and recruit-ment.

Quality Education Investments Commerce Lexington urges policymakers to make education fund-ing a top priority in the budget process. We recognize numerousstudies have determined that Kentucky’s education funding is in-adequate and oppose further cuts to the base funding and flexiblefocus funds (i.e. Extended School Services, Preschool, ProfessionalDevelopment, Textbooks and Safe Schools). We support quality in-vestments in our children’s education and oppose using localschool district’s reserve funds to balance the State Level GeneralFund. Commerce Lexington fully supports all investments in earlychildhood education including quality preschool and an equitable,full-day kindergarten program statewide to achieve school readi-ness. Commerce Lexington supports the General Assembly increas-ing the number of school days closer to the national average of 180days, and the international average of 193 days. Commerce Lexing-ton opposes the state mandating a local school district’s calendarand advocates for keeping local decision-making reflective of theneeds of each community.

Legislative Focus: 2019 Public Policy Statements 7

EDUCATION

Page 8: LEGISLATIVE FOCUS 2019 - Lexington, KY...Bowling Green Mayor Bruce Wilkerson, Warren County Judge Executive Mike Buchanon, and Bowling Green Chamber President Ron Bunch spoke to the

University of KentuckyCommerce Lexington recognizes and supports the critical role UKplays in workforce development, health care, and economic devel-opment for Lexington and all of Kentucky. States with nationally-recognized public research universities have healthier, moreprosperous citizens. Commerce Lexington urges the Governor andGeneral Assembly to continue to support UK by supporting thePerformance Funding model agreement reached by the workinggroup consisting of members of the executive branch, the legisla-tive branch, and the universities.

In the last seven years, UK initiated or approved some $2.3billion in capital investments to improve student success, in-struction, research and discovery, and health care. Approxi-mately 91 percent of that investment is the result ofpublic-private partnerships, philanthropy, strategic use of uni-versity resources, and support from UK Athletics. UK welcomed successive record-setting, first-year classes thathave joined the UK family and moved total enrollment tonearly 30,500. These students are succeeding at higher levels,translating to record degree attainment, including nearly 7,100degrees conferred over the last academic year.Faculty and staff researchers added to a growing portfolio oftransformative research, discovery, and creative scholarship.In fiscal year 2017-18, UK received $333.8 million in researchawards– signifying that UK is a major player among researchinstitutions in the country. In addition, UK owns 601 world-wide patent assets, illustrating the commercial opportunitiesof research and directly impacting the economy of central Ken-tucky. UK HealthCare—Kentucky’s top hospital for the last threeyears—continues to meet the needs of patients and familieswho require complex, quality health care through its networkof providers and state-of-the-art academic medical center. An-nual patient discharges exceed more than 40,900 annually andhave grown by more than 114 percent since 2003. Over 6,900jobs have been created - all with no additive state appropria-tions to UK HealthCare. In total, the $3.9 billion flagship and land grant research uni-versity yields a 12-fold return on the Commonwealth’s invest-ment. UK employs more than 20,000 people paying more than$106 million in state and local taxes. UK has spent nearly $5.5billion with Kentucky companies since 2011, and UK Exten-sion Services reached 1.16 million Kentuckians through nu-trition education programs, healthy living initiatives, 4-H, andmodern farming practices last year.UK recently launched “Kentucky Can: The 21st Century Cam-paign” – a $2.1 billion comprehensive campaign focused onsix major areas of the university: student success, health care,research, endowment, alumni, and athletics. The campaign isdesigned to engage donors and increase private support forstudent scholarships and financial aid, research and discoverythat addresses Kentucky questions, and to further endow pro-grams critical to the long-term success of the university.

KCTCS/BCTC: Enhance TechnicalSkills Training The Kentucky Community and Technical College System (KCTCS)is the largest provider of higher education, online education andworkforce training in the Commonwealth. Bluegrass Communityand Technical College (BCTC), a member college of the system,serves Central Kentucky. The central mission is to provide a well-trained workforce and pathways to a bachelor’s degrees in centralKentucky and the Commonwealth. To achieve this goal, KCTCS isaligning its strategic plan with other education and workforceagencies and organizations, BCTC is working with local employ-ers to ensure the curriculum meets local needs, and KCTCS/BCTCis maintaining the lowest tuition of postsecondary institutions inKentucky. Many Central Kentuckians - including incumbent work-ers, job seekers who need updated skills, or high school studentsplanning for careers – need access to high quality skills training.Commerce Lexington supports KCTCS and BCTC in their effortsto support regional business development, enhance technicalskills training, provide “work ready” employees and create aseamless pathway to a bachelor’s degree. Commerce Lexingtonsupports increasing funding to scholarships to expand access totechnical skills training and high school dual credit.

8 Legislative Focus: 2019 Public Policy Statements

HIGHER EDUCATION

Page 9: LEGISLATIVE FOCUS 2019 - Lexington, KY...Bowling Green Mayor Bruce Wilkerson, Warren County Judge Executive Mike Buchanon, and Bowling Green Chamber President Ron Bunch spoke to the

Economic Development IncentivesCommerce Lexington supports the development of new incentivesand investment strategies to help Kentucky’s businesses grow andprosper in today’s global economy. Although not a substitute forcomprehensive tax reform, Commerce Lexington supports incen-tive programs designed to encourage the growth of high wagejobs, long-term investment in strategically defined industry sec-tors, small business promotion, or other significant economic de-velopment projects that demonstrate a clear return on investmentand would not otherwise occur without the incentive.

Commerce Lexington urges lawmakers to continue to support,and in some cases, consider enhancements to the state incentiveprograms promoting business growth and job creation, such asthe Kentucky Business Investment program (KBI), Kentucky En-terprise Initiative Act (KEIA), Kentucky Reinvestment Act (KRA),Kentucky Investment Fund Act (KIFA), SBIR/STTR matching pro-gram, and the Kentucky Skills Network workforce training pro-grams.

Commerce Lexington supports a modification of the KentuckyReinvestment Act (KRA) to include service and technology firmsin addition to manufacturing firms within the KRA program to re-tain service and technology jobs in the Commonwealth. Com-merce Lexington supports linking the tax credits directly to jobretention and would support implementing minimum require-ments for companies to meet before the tax incentives becomeavailable.

R&D Investment IncentivesAmerican corporations focus their research and development ac-tivities on the development of new products, processes, and serv-ices while relying on research universities to do basic scientificresearch. In order to supplement basic research investment by fed-eral agencies, Commerce Lexington supports the establishment offederal and state tax incentives to encourage corporations to makecash investments or endowment gifts to research departments orproof of concept centers of public research universities. Incentivesshould also be in place to encourage corporations to make invest-ments in high-tech, high-risk start-up technology companies.

Bluegrass Business DevelopmentPartnershipEstablished in 2007, Commerce Lexington continues to supportits partnership between the Lexington-Fayette Urban County Gov-ernment, the University of Kentucky and the Kentucky Small Busi-ness Development Center to encourage economic development,investment and job growth in Central Kentucky. Since its inceptionthe Bluegrass Business Development Partnership has been an ef-fective one-stop shop for the economic development needs of itsclients. This program has served over 18,403 clients and an-nounced the creation of nearly 14,613 new jobs and nearly $4 bil-lion in capital investment.

Land Use PlanningCommerce Lexington supports local control and decision-makingin the areas of land use planning. Commerce Lexington believesit is imperative for regional communities to collaborate and coor-dinate regional planning efforts related to natural resources, hous-ing, utilities, economic development, transportation and thepossibility of revenue sharing. Through the Bluegrass Alliance andCentral Kentucky Policy Group, Commerce Lexington works closelywith local governments, economic developers and communityleaders throughout central Kentucky to develop a common visionfor the prosperity of our region.

Commerce Lexington encourages communities to developcomprehensive plans that balance the need for housing andeconomic development while protecting agriculture industriesand natural resources. Affordability of housing is not just an issue for low incomecentral Kentuckians. Availability and affordability of housingis an issue of concern for expanding and relocating compa-nies. As we plan for continued growth and development, wemust evaluate the impact each decision has on our ability todevelop and maintain housing options within the reach of allour citizens. Commerce Lexington supports policies and initiatives to pro-vide a sufficient supply of land that is readily available for eco-nomic development opportunities and job creation througha public and/or public-private business park aimed at recruit-ing high wage jobs. This includes the land exchange agree-ment between the LFUCG and the University of Kentucky tomake 200+ acres available for jobs at UK’s Coldstream Re-search Park. Commerce Lexington will continue to advocate for jobs landto include the following components such as but not limitedto: shovel-ready, properly zoned, infrastructure and trans-portation access, large block tracks, and competitive pricing.

CONTINUED ON PAGE 10

Legislative Focus: 2019 Public Policy Statements 9

ECONOMIC DEVELOPMENT

Page 10: LEGISLATIVE FOCUS 2019 - Lexington, KY...Bowling Green Mayor Bruce Wilkerson, Warren County Judge Executive Mike Buchanon, and Bowling Green Chamber President Ron Bunch spoke to the

10 Legislative Focus: 2019 Public Policy Statements

ECONOMIC DEVELOPMENT

High-Tech EcosystemCommerce Lexington supports initiatives that encourage the con-tinued development of the knowledge-based economy in centralKentucky. We support policies that facilitate the development andretention of high-tech manufacturing and biotechnology invest-ments in our region and specifically encourage additional researchand development and technology transfer activity. Commerce Lex-ington will be an advocate for public/private partnerships thatmove ideas to theory, theory to applied research, and applied re-search to profitable commercial application. To help provide ad-ditional financial support enabling such business activity to occur,Commerce Lexington supports the development of seed capitalfunds that focus on central Kentucky investments and the promo-tion of innovative companies to existing venture capital firms.

Commerce Lexington encourages the federal government tocontinue the Small Business Innovation Research (SBIR)/Small Business Technology Transfer (STTR) and for Kentuckyto continue funding the state’s match program for these start-up companies. We urge state government to support policy changes to thestate’s SBIR/STTR grant matching program that target invest-ments in the most viable companies for commercialization,provide those businesses with more entrepreneurial supportto aid growth and allow for the state to have a greater returnon investment (ROI) for those incentives. Commerce Lexington also supports continued funding of theKentucky Innovation and the Angel Investors Networks.

Expand Wireless and Wired Broadband InfrastructureIn a 21st century global economy, our telecommunications infra-structure is crucial. The progress we have seen in Kentucky in re-cent years, in terms of accessibility to and adoption of broadbandinternet, has been remarkable. In fact, from 2013 to 2015, morethan 800,000 Kentuckians gained access to broadband. Seventypercent of those new connections were in rural Kentucky. Basedon the Federal Communications Commission 2018 Broadband De-ployment Report, Kentucky has moved from 47th in the nation to37th, a significant jump that is due to the substantial investmentof private risk capital by Kentucky’s communications providers.

Many of Kentucky’s surrounding states offer tax exemptions to in-centivize expanding and upgrading networks and/or broadbandbuildout grants to aid the private sector in deploying last mile serv-ice to unserved areas, or both.

Commerce Lexington supports improving Kentucky’s wireless andwired broadband infrastructure. We support efforts at the local,state and federal level to increase the deployment of incentives forwired and wireless networks across the Commonwealth, while alsoopposing policies that would impede or hamper investment in dig-ital infrastructure and economic development.

Transportation Infrastructure &FundingCommerce Lexington supports substantial and sustained invest-ment in Kentucky’s transportation infrastructure – including high-ways, bridges, waterways, public transit, railways, and aviation.Having a dependable transportation network is critical to CentralKentucky’s economic vitality. Thriving communities must be ableto move workers, provide services and transport products to mar-ket quickly and safely. Commerce Lexington fully supports a re-gional transportation approach, and investments in theinfrastructure required to improve interconnectivity in the regionand along the state’s vital corridors.

Maintaining adequate funding for transportation infrastructure re-mains an issue of concern at both the state and federal levels ofgovernment. Commerce Lexington urges lawmakers to find long-term solutions to ensure sufficient, sustainable and reliable fund-ing for all modes of transportation for projects critical to economicdevelopment. We support a funding distribution model that ismore equitable to the areas with greater road use. Commerce Lex-ington also supports modernizing the method for funding infra-structure to reflect changes in use.

Commerce Lexington supports state and federal transportationfunding for rural and urban transit agencies to allow for improve-ments in direct operations, including new service delivery methodsfor all areas including target population group such as seniors,low-income workers and people with disabilities.

CondemnationCommerce Lexington is opposed to government acquisition of pri-vately-owned businesses through condemnation for the purposeof operating the business.

Tourism DevelopmentThe tourism industry is an important component of an overall eco-nomic development strategy. Commerce Lexington supports ini-tiatives and incentives designed to enhance the state’s tourismand agri-tourism industry’s positive impact through the promotionof events and the promotion of central Kentucky as a tourism andagri-tourism destination. Commerce Lexington also supports ef-forts to attract the media and film industry to the Bluegrass, whileworking to ensure that efforts that might undermine tourism’seconomic impact are minimized by protecting the state marketingfunds that produce a 15 to 1 ROI.

Agriculture & Industrial Hemp IndustryCommerce Lexington supports legislative efforts to remove stateand federal roadblocks to the production of industrial hemp thatkeep Kentucky from being a leader in this agricultural sector.

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Legislative Focus: 2019 Public Policy Statements 11

ECONOMIC DEVELOPMENT

Equine IndustryThousands of acres of horse farms, world class venues such as Keeneland and the Ken-tucky Horse Park, and many horse related organizations’ national headquarters (includ-ing the United States Equestrian Federation) earn Kentucky the title of Horse Capital ofthe World. Because of the substantial economic impact that the equine industry has onour region as well as the state, Commerce Lexington fully supports programs and ini-tiatives to protect and enhance the future growth of the equine industry. These programsinclude wagering on historical horse racing, innovative tax approaches, purse increases,increased funding for breeder incentive programs, appropriate funding to maintain thequality of the Kentucky Horse Park, and other assistance to allow our equine industry toremain competitive.

Since its inception, wagering on historical horse racing has provided a positive economicimpact on communities in which these venues are located, the Commonwealth and theequine industry. We encourage all branches of state government to support this newproduct that is creating jobs, attracting tourists and supporting existing programs tohelp the equine industry. The current taxing model provides revenue to the state butany increase in those taxes has the potential to not only deter growth in the product butto cause the product to become unsustainable from an economic perspective.

Kentucky’s sales tax on equine products puts our region and the Commonwealth at adisadvantage with competitor states. Commerce Lexington supports efforts to eliminatethis competitive disadvantage. Commerce Lexington also supports the equine industry’sefforts to address the health, welfare and safety of the thoroughbred racing industry aswell as other equestrian sports.

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ECONOMIC DEVELOPMENT

12 Legislative Focus: 2019 Public Policy Statements

Sports BettingCommerce Lexington supports allowing sports wagering in Ken-tucky, as allowed by the 2018 U.S. Supreme Court decision. Anylegislation to approve sports wagering in the Commonwealth mustprotect existing signature industries and racing facilities.

Distilling IndustryKentucky’s legendary distilling industry has a significant impacton the state’s economy, producing 95% of the world’s bourbon.Bourbon is an $8.5 billion signature industry in Kentucky, gener-ating 17,500 jobs with an annual payroll of $800 million. Spiritsproduction and consumption generates more than $825 millionin federal, state and local tax revenues every year. Commerce Lex-ington strongly supports initiatives to protect and grow the iconicindustry. For Kentucky to maintain its dominance in the distillingindustry and attract new distilleries, the General Assembly mustcontinue to update statues written before the Kentucky BourbonTrail and the Kentucky Bourbon Trail Craft Tour were created totake advantage of the booming Bourbon tourism industry. Com-merce Lexington recognizes that with this unique product comesresponsibility, therefore we support continuing responsibility ef-forts geared towards preventing underage drinking and DUI of-fenders.

Malt Beverage & Craft Brewing IndustryCommerce Lexington is proud of our locally-owned craft breweriesand our locally owned distribution network. We support the main-tenance of a strong and independent 3-tier system for the sale,distribution and regulation of malt beverages. This system pro-motes family-owned and operated businesses, preservation ofjobs, strong community reinvestment, and the ability of large, re-gional, and small/local brewers to deliver their products to themarket and ultimately the consumer.

International TradeKentucky has established itself as a major exporter in a broad rangeof industries - from manufacturing to agriculture, as well as an at-tractive location for foreign investments. Kentucky set a new recordin 2017 with $30 billion in exports. These exports directly support140,000 jobs in Kentucky, with tens of thousands more indirectlysupported by exports. Commerce Lexington urges elected officialsto support fair and equitable trade agreements that open new mar-kets and create new opportunities for businesses and workers inour region. We remain concerned about the negative economic im-pact of tariffs proposed or imposed, as well as the continued uncer-tainty over the future of trade agreements, on Kentucky’s signatureindustries. Commerce Lexington will continue to monitor these is-sues, seek feedback from local employers and communicate eco-nomic impacts to federal officials.

We Must Protect OurSignature Industries...

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COMPETITIVENESS

Public/Private PartnershipsCommerce Lexington Inc. encourages the use of public/privatepartnerships (P3) by local and state government agencies for thedelivery of services and/or the construction and/or managementof a variety of infrastructure related projects. To ensure accounta-bility in contracting with private entities, it is essential that propersafeguards be in place to ensure transparency and that qualityservices are delivered at a lower cost to taxpayers.

Public Employee Pension Systems Commerce Lexington remains concerned about the financial via-bility of Kentucky’s public employee pension systems, the down-grading of state’s bond rating and the negative impact onbusinesses. Commerce Lexington strongly urges the General As-sembly to continue progress toward the goal of establishing equi-table retirement and health insurance benefits for new hires thatmore closely resemble those available in the private sector. Com-merce Lexington supports a comprehensive review of all publicemployee pension systems (including the Kentucky Teachers Re-tirement System) and related benefits and encourages state legis-lators to consider other serious structural changes to all systemsto assure funding pensions does not cripple state government’sability to provide essential services.

Commerce Lexington Inc. will continue to monitor reform imple-mentation with emphasis on assuring no benefit increases with-out full funding and the inclusion of actuarial requiredcontributions in the state budget. Commerce Lexington discour-ages lawmakers from using bonding to address shortfalls in statepension funds, which could jeopardize the state’s financial sta-bility for future generations.

Government EfficiencyCommerce Lexington supports the need for government modern-ization and increased efficiency. Commerce Lexington will con-tinue to urge the General Assembly to focus on spending reformsacross government, including the areas of public employee healthbenefits, the public employee pension system, corrections andMedicaid.

Wage MandatesCommerce Lexington supports government efforts to find bal-anced, long-term solutions to the problems confronted by ourcommunity. We do not support private sector wage mandates thatexceed state or federal guidelines.

Public Employee Collective BargainingCommerce Lexington strongly opposes public employee collectivebargaining. Public employees are afforded significant benefits, jobprotections, and established rank and pay scales. The adjustmentor alteration of these benefits are decisions that can and shouldbe made as a matter of public policy.

Employer & Labor UnionMaintaining the balance between labor unions and employers iscritical to continued job creation. Commerce Lexington urges fed-eral officials and the National Labor Relations Board (NLRB) tosupport policies and rulemaking that promote economic growth.We strongly encourage the appointment of a full and balancedNLRB and urge federal and state officials to fight changes to ourlabor law system that undermine employer-employee relations.

WE URGE SUPPORT FOR LABOR LAWS THAT:

Maintain a balance of representation on the NLRB, with mem-bers properly vetted and ratified through Congress.

Protect secret ballot elections to form unions.

Maintain functional grouping of business units that do notpit “sub” or “micro” units against each other in organizing ef-forts (micro unions).

Maintain a company’s ability to educate employees on theconsequences of unionization, do not include binding arbi-tration provisions, and do not impose one-sided penalties.

Consider the use of e-mail and social media to misrepresentpicketed areas, an Unfair Labor Practice.

Safer WorkplacesCommerce Lexington supports allowing employers to share factualand documented information about past employees, without sub-jecting themselves to undue liability, when providing references toinquiring employers during the hiring process. We also supportlegislation to allow employers to help fight illegal drug use in theworkplace. Commerce Lexington opposes any expansion in thecurrent concealed/carry laws that would allow employees to bringdeadly weapons into the workplace.

Unemployment InsuranceCommerce Lexington believes that the integrity of the unemploy-ment insurance trust fund should be maintained and opposes ef-forts to utilize the fund in ways that are contrary to its originalpurpose of providing unemployment insurance to temporarily dis-placed workers. Commerce Lexington will continue to monitorthe implementation of the reforms to the state’s unemploymentinsurance system, and support efforts to reform the benefit struc-ture to keep costs and benefits competitive with other states andincrease workforce participation. Further, Commerce Lexingtonsupports efforts to provide those out-of-work with access to train-ing and career counseling.

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Legislative Focus: 2019 Public Policy Statements 13

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14 Legislative Focus: 2019 Public Policy Statements

COMPETITIVENESS

Workers’ CompensationCommerce Lexington applauds the General Assembly for enactingreforms in 2018 to the state’s workers compensation system toprovide clarity to statues, improve return to work outcomes andlower costs for employers. We will continue to monitor the imple-mentation of these reforms and support workers’ compensationregulations that offer clear and objective definitions of injury anddisability, use objective medical findings of impairment for awards,reduce litigation, encourage retraining and education, and returnto work while abating growing costs for central Kentucky employ-ers. Commerce Lexington supports legislative or regulatory meas-ures that will help control Kentucky’s rising medical andprescription drug costs in workers’ compensation cases withoutdisrupting needed services to injured workers.

ImmigrationCommerce Lexington supports a comprehensive immigration re-form package which includes modernizations to the guest workerprogram which addresses the needs of all Kentucky's work places.

Criminal Justice System ReformsKentucky made important progress to protect public safety withthe enactment of corrections reform legislation in 2011 and juve-nile justice code reforms in 2014, while establishing a system tocontrol spiraling corrections costs. Commerce Lexington also ap-plauds the Governor and General Assembly for the passage of lim-ited felony expungement legislation in 2016 to help workerslimited by a past mistake re-enter and advance in the workforce.

Commerce Lexington will continue to monitor, and support whenappropriate, this important work moving forward through the lead-ership of the Kentucky Smart on Crime coalition, which is focusedon reducing recidivism, making communities safer, increasing ourworkforce and saving taxpayer dollars.

Revision of Statute of Limitations LawCommerce Lexington believes that Kentucky's five-year statute oflimitations on employee wrongful termination or discriminationlawsuits places an undue requirement on employers. CommerceLexington supports changes to Kentucky’s statute that wouldmake all employment discharge and discrimination type actionsmore uniform with federal guidelines while still protecting employ-ees and employers.

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Legislative Focus: 2019 Public Policy Statements 15

Comprehensive Tax ReformAs the Kentucky General Assembly contemplates comprehensivetax reform, Commerce Lexington strongly urges lawmakers to eval-uate existing tax policies and proposed changes by using the fol-lowing criteria:

Effective: Tax policies should be reviewed to determine the in-tended or unintended consequences. Tax laws proving con-trary to their intention or more burdensome than intendedshould be repealed or scaled back. Competitive: Tax policy should promote a positive climate thatencourages business investment and job growth. Revenue Sensitive: Tax policy should provide sufficient revenuesoverall to fund critical priorities. Predictable: Sources of tax rev-enue should be relatively predictable and stable over time. Equitable: Tax policy should be fair but must not discourageeconomic activity, employment, or wage growth. Efficient: Any tax policy must be designed to facilitate cost ef-ficient compliance and administration.

Local Option Sales TaxCommerce Lexington supports an amendment to the Kentucky Con-stitution, and enabling legislation, that would permit cities and coun-ties, including urban county governments, to enact a local optionsales tax, not to exceed one percent with a sunset provision. The taxwould be for funding dedicated to specific local projects, as proposedby the local government and approved by voter referendum.

Alcohol TaxesAs part of comprehensive tax reform, Commerce Lexington be-lieves Kentucky must examine how other states tax distilled spirits,beer and wine. Kentucky has one of the Top 5 tax rates on alcoholsales in the US, higher than all contiguous states except Ten-nessee. The Kentucky General Assembly should consider rollingback the wholesale tax on alcohol sales to make the Common-wealth’s distilled spirit and alcoholic beverage industry more com-petitive with surrounding states.

Revise the Limited Liability Entity TaxCommerce Lexington supported the 2006 Tax Modernization bythe General Assembly. However, the creation of the Limited Lia-bility Entity Tax (LLET) and the lack of ability to offset pass-throughcredits against tax on income from other businesses and otheryears have become problematic. Commerce Lexington supportsefforts to adjust the tax code to encourage entrepreneurial invest-ment in the Commonwealth.

Bank Franchise TaxCommerce Lexington supports changes to the way banks are taxedin Kentucky to improve competitiveness and increase access to cap-ital while not creating any loss of current or future revenue for localgovernments. Kentucky’s bank tax rate is the highest in the nation

and 92% higher on average than the tax rate on any other corporationin the state. The current taxation model limits funds available forlending in support of local commerce and for philanthropy in localcommunities.

Regulatory ReformCommerce Lexington urges federal, state and local governments toconsider a comprehensive review of the regulations, taxes and feesimpacting businesses to determine areas where these policies couldbe modified, reduced, streamlined or eliminated to improve govern-ment efficiency and create a more business friendly environment forLexington and Kentucky. We encourage sensitivity at the local andstate level to regulations that are more stringent than federal regula-tions that hurt Kentucky’s economic competitiveness.

Commerce Lexington supports the Governor’s Red Tape ReductionInitiative and will continue to encourage businesses to provide feed-back on regulations that need to be modified or eliminated to makeKentucky more business-friendly. Commerce Lexington also stronglyurges the Kentucky federal delegation to support commonsense reg-ulatory reform that restores accountability, transparency and publicparticipation in the federal rule making process.

Commerce Lexington opposes unfunded mandates trickling downfrom federal and state agencies that impact local governments with-out regard to the affordability of the mandates, and the ability of alocal community, its businesses and taxpayers to absorb the costs.Commerce Lexington will advocate for regulatory reform efforts atall levels of government.

THESE EFFORTS SHOULD INCLUDE, BUT NOT BELIMITED TO THE FOLLOWING:

Review of any agency fee increase or regulatory change care-fully and examine the fee increases based on need, rate of in-flation and economic impact on business. No fee orregulations with significant fiscal impact on business shouldbe increased without the clear approval from the appropriatefederal, state or local legislative body with oversight authority.Agencies should be asked to demonstrate the economic im-pact to businesses and local communities of implementingnew regulations. Consent Decrees or other legal or administrative require-ments should take into account and publicly demonstrate theability of local governments, quasi-governmental agencies,schools and businesses ability to afford the alternatives de-manded by the state and/or EPA. These financial analysesshould be conducted by people with experience in developingfinancial impacts before the solution is finalized. If it is determined that the entity cannot reasonably afford thesolution required by the state or federal agency, then the stateshould be required to assist the entity in developing an alter-nate financial plan.

TAX & REGULATORY POLICY

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16 Legislative Focus: 2019 Public Policy Statements

ENERGY & ENVIRONMENT

Protect Kentucky's Low Cost &Reliable Energy Rates Commerce Lexington urges local, state and federal officials to sup-port efforts to maintain the production of affordable, reliable en-ergy for business and residents. Kentucky offers some of thelowest electricity rates in the nation due in large part to the abun-dance of coal resources for electricity generation. This competitiveadvantage has allowed Kentucky to attract thousands of manufac-turing jobs. However, Kentucky is more dependent on coal forpower generation than virtually any other state in the union. As aresult, Kentucky businesses and economic developers remain con-cerned about proposed regulations on carbon emissions, electric-ity generating facilities that use coal, and new regulations onKentucky’s mining industry. Commerce Lexington supports EPA’sproposal to replace the Clean Power Plan (CPP) with a new Afford-able Clean Energy (ACE) Rule. Commerce Lexington will continueto monitor developments regarding the ACE Rule and will encour-age state and federal officials to do the same.

Commerce Lexington also urges the state and federal officials tomonitor and clarify proposed rule changes related to Coal Com-bustion Residuals (CCR), New Source Review (NSR) and Watersof the United States (WOTUS), to mitigate the negative economicimpact such rules can have on Kentucky employers and families.

Support the Coal IndustryCommerce Lexington supports protecting the viability of Ken-tucky’s coal industry – including preserving the direct and indirectjobs that the industry provides statewide. Coal has advanced Ken-tucky’s economy by providing plentiful and safe energy to con-sumers and industry. Coal provides over 79% of Kentucky’selectricity helping to make our electricity some of the most afford-able, reliable, and resilient in the U.S. This source of baseloadpower continues to provide Kentucky economic opportunity by at-tracting new businesses and diversifying our local economies.Commerce Lexington will continue to support efforts to ensurecoal remains an integral part of our country’s energy portfolio, andthat there is a level playing field for all low-cost fuel sources to se-cure low electricity rates in Kentucky.

Promote a Sensible Regulatory ApproachCommerce Lexington opposes regulations at the local and statelevel that are more stringent than federal regulations, and thosethat result in significant adverse economic on citizens, farmers,cities and industries. Commerce Lexington supports common-sense regulatory reform that restores accountability, transparency,use of scientific data and public participation in the rule-makingprocess across all regulatory agencies. We urge all levels of gov-ernment to engage in a thorough review of existing regulations,current MOU’s, MOA’s and other guidance documents to identifystatutes or regulations that need to be clarified, eliminated ormodified to increase economic competitiveness for businesses.

Natural Gas as Reliable Energy SourceTo stay competitive and to ensure that natural gas is readily avail-able to support economic development growth, Kentucky mustalso continue to develop all reliable and affordable energy re-sources including natural gas. Kentucky’s oil and natural gas in-dustry total value of production is over $1 billion and employs over9,000 Kentuckians. This industry will continue to play an increas-ingly important role in meeting the states’ energy needs of the fu-ture. Therefore, Commerce Lexington supports encouraging theexpansion of investment in the infrastructure, distribution, pro-duction and use of oil and natural gas through a review, elimina-tion, or updating of outdated or duplicative regulations.Commerce Lexington supports financial and infrastructure incen-tives to help stimulate adoption of natural gas transportation fuelsto ensure that natural gas is readily available for economic devel-opment. Central Kentucky could benefit from increased use ofcompressed natural gas (CNG) or liquefied natural gas (LNG)motor transportation fuels such as those used for in-state andinter-state trucking fleets, waste haulers, delivery and repair vehi-cles, and personal cars and trucks.

COMMERCE LEXINGTON INC. ALSO SUPPORTS LEGISLATIVE EFFORTS TO:

Provide incentives for the research and implementation ofclean coal investments and other alternative energyprocesses.Provide tax credits or equivalents for carbon capture and dis-posal by companies. Support research grants and other incentives for our state’spostsecondary institutions and private sector companies todevelop technologies and infrastructure needed to supportKentucky’s energy economy. Specific initiatives include: car-bon capture research and development; utilization of byprod-ucts from power generation; alternative uses for coal;renewable fuels; and energy from Kentucky resources, includ-ing landfill gas, biomass, wind, hydro and solar, anaerobic di-gestion or compressed natural gas; and organic electronicmaterials for energy harvesting.Protect our energy rates from overbearing state or federal reg-ulations, fuel mandates and tax policy changes that will raiserates and neutralize Kentucky's competitive energy prices.Support updating Kentucky’s laws related to the adoption ofdistributed energy resources (DER’s), such as privately-ownedsolar power generation, to maintain low-cost energy for allcustomers on the power grid. Existing policies, originallyadopted to incentivize implementation of new technologies,should be re-examined to ensure all costs to support andmaintain reliable energy infrastructure is shared fairly. Adopt the recommendations of the KY Energy & EnvironmentCabinet to dedicate a modest percentage of the VW Settle-ment to investments in Kentucky’s electric vehicle charginginfrastructure.

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Legislative Focus: 2019 Public Policy Statements 17

ENERGY & ENVIRONMENT

Storm Water/Sanitary Sewer &Consent Decree ImplementationCommerce Lexington will continue to monitor implementationprocesses to ensure the LFUCG’s plan to meet EPA requirementsis completed in a timely and cost-effective manner. We supportperiodic, independent performance reviews/audits to ensure tax-payer dollars are being used efficiently by local governmentthroughout project implementation.

Track New Sanitary Sewer andStorm Water Permits and FeesCommerce Lexington will continue to engage local and state offi-cials to ensure that requirements of new sewer and storm waterpermits, fees, applications and guidance documents are not toorestrictive and do not exceed state or federal regulations and thatthe plan and the implementation schedule is feasible and cost ef-fective. We also will continue to educate members about the im-pact of the new permits.

Air Quality Rules & RegulationsCommerce Lexington will engage local and state officials regardingthe development of the air quality standards to ensure these reg-ulations are not too restrictive, have the least cost impact on busi-ness, and protect Kentucky’s low-cost energy rates.

Support Energy Efficiency MeasuresAcross the nation, companies– including those in Central Ken-tucky – are taking positive measures to make their operationsmore energy efficient which has led to a reduction in carbon emis-sions. Commerce Lexington supports voluntary energy manage-ment programs, because they are good for the environment andfinancially good for business. Commerce Lexington supports in-centives for companies that go above and beyond their regulatoryrequirements and recognizing companies who have already im-plemented positive best management practices to reduce their en-ergy consumption.

Energy InfrastructureEconomic development often requires extensive capital invest-ment for the extension of energy infrastructure to serve new andgrowing businesses. Commerce Lexington supports legislationand regulatory action to allow Kentucky's utilities to develop finan-cial mechanisms and capital incentives to extend their facilities tonew and expanded businesses, industrial and business parks, res-idential development and other locations which will result in thecreation of new economic growth not currently served by existinginfrastructure.

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18 Legislative Focus: 2019 Public Policy Statements

ENERGY & ENVIRONMENT

Water Quality RegulationsCommerce Lexington supports a process that enhances oversightof the review and approval of changes to new General Permits andother administrative actions that are proposed by state agencies.Commerce Lexington supports the President’s Executive Order torescind and clarify a commonsense approach to developing a Wa-ters of the U.S. rule. It is important to more clearly define how awater will be regulated by the U.S. EPA and the U.S. Army Corpsof Engineers under the Clean Water Act. These designation meth-ods should avoid adverse impact on economic development dueto unreasonable regulations and permitting.

Central Kentucky Water Supplyand InfrastructureCommerce Lexington supports an efficient, equitable and suffi-cient water supply for the entire region. Commerce Lexington sup-ports investments in maintenance and upgrades on the lock anddam systems of the Kentucky River to enhance and conserve ourregion’s primary water supply, as well as appropriate, ongoing in-vestments in other water system infrastructure to maintain quality,reliable water service for communities. Commerce Lexington alsosupports interconnectivity agreements among municipalitiesthroughout Central Kentucky.

Solid WasteThe management of solid waste is a local responsibility and exist-ing law allows local governments the necessary flexibility to de-velop a solid waste disposal strategy unique to the needs andexpectations of their individual communities. Commerce Lexing-ton urges enhanced enforcement and education to address illegaldumping and littering. We support programs such as Eastern Ken-tucky PRIDE and Bluegrass Greensource that encourage and assistcitizens, local governments and schools to clean up illegal trashdumps and other solid waste problems as well as promoting en-vironmental awareness and education. Education remains a criti-cal component in changing the habits and attitudes of individualsacross Kentucky. We also support programs that educate Kentuck-ians on the benefits of recycling, programs that make recyclingmore convenient, and strategies that develop and enhance marketdemand for recycled materials. Commerce Lexington believes thatthis type of multi-faceted strategy will have a more significant,long-term impact in addressing the need for Kentucky to embracerecycling. Some of Kentucky’s solid waste statutes are currentlymore stringent than their federal counterparts. Commerce Lexing-ton supports reasonable, thoughtful reviews and updates to cur-rent solid waste rules that will provide consistency and cleardirection to the regulated community.

Brownfield RedevelopmentCommerce Lexington strongly supports the use of Brownfield Re-development in communities through available state programssuch as Kentucky’s Bonafide Purchaser Program which reduces li-ability for future property owners. These programs should be ex-panded to allow tax incentives, low interest loans or grants orother federal and state matching funds for those committed to re-developing the state’s Brownfield sites.

Streamline Environmental PermittingImplementation of infrastructure projects is critical for communityand economic development. Often the public projects are subjectto requirements for review of environmental impacts in accor-dance with the federal National Environmental Policy Act. Al-though such impacts can and should be considered, the processfor evaluation of, and challenges to, infrastructure projects on thatbasis must be streamlined to assure that important public infra-structure projects are not victims of procedural maneuvering andunnecessary delay.

COMMERCE LEXINGTON INC. SUPPORTS LEGISLATIVE EFFORTS THAT:

Encourage concurrent review and approval of permits, wherefeasible. For critical infrastructure or environmental permits, have alead agency designated to ensure that good communicationis established between the applicant and affected agencies.This person would be responsible to ensure that all permitsnecessary are identified, permit review timeframes are estab-lished and met, or the timeframes for permit review are re-duced. Allow interested applicants to reimburse the department forovertime costs incurred by employees that work overtime toexpedite a permit, modification, license, registration or vari-ance. Afford Departments within State Government the ability tohire contractors to expedite issuance of a permit modification,license, registration or variance. Have each Agency provide on-line specific information regard-ing how best to achieve timely permitting decisions; provideclear expectations for applicants to improve the quality of ap-plications; establish performance measures for review staffand develop, improve and encourage electronic permittingtools. Ensure that the permitting process will be balanced and willtake into consideration economic impact of the project, publicneed and the requirements of existing environmental laws andregulations.

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Legislative Focus: 2019 Public Policy Statements 19

HEALTH CARE

Support Policies That Lower Premiums& Promote Greater Competition Commerce Lexington Inc. believes that both business owners andemployers should have the opportunity to provide and have accessto quality, affordable health insurance for themselves and their em-ployees. However, federal and state policies have created a greatdeal of uncertainty for employers and business owners. CommerceLexington remains concerned that business owners and employ-ers that have previously provided voluntary health insurance cov-erage for their employees now face mandated levels of healthinsurance coverage as well as increased taxes, premiums, penal-ties and a lack of choice in obtaining necessary coverage. There-fore, Commerce Lexington encourages changes to federal andstate policies that promote lower premiums and greater competi-tion in insurance markets. Commerce Lexington will continue toprovide input to our federal and state policymakers to ensure thatemployers can provide quality, affordable health insurance cover-age to their employees and themselves without being continuallyoverburdened with federal regulations and penalties or be subjectto adverse selection by limited choices.

Effectively Combat Drug AbuseCommerce Lexington acknowledges the need to address Kentucky’sdrug abuse problem and will continue to support legislative effortsto curb this epidemic through a comprehensive approach aimed atprevention, treatment and penalty reforms. Both private and pub-lic-sector leaders realize the negative effect of drug and substanceabuse on their employees and citizens, particularly in terms of in-creased health care costs, loss of workforce productivity and fiscalimpact of incarceration. According to the Kentucky Office of DrugControl Policy, lost productivity, health care costs and drug-relatedcrimes associated with illegal drug abuse cost the commonwealth$2.5 to $3.6 billion annually. The severity of prescription drug abuse,as well as heroin and other illegal street drugs, continues to be a highpriority issue for Commerce Lexington Inc.

We applaud efforts of the Kentucky General Assembly for past leg-islative efforts to curb drug abuse and increase treatment options.We encourage legislators to continue to address the illness of ad-diction by expanding prevention and treatment capacities in theCommonwealth. We urge officials to direct state and federal fundsin this area in an effective and efficient manner using evidence-based approaches. We also support increased accountability overhow these funds are being spent and urge increased transparencyin outcome reporting.

Increase the Number of HealthCare Professionals in KentuckyMany areas of Kentucky are underserved by health care profession-als, which contribute to poor access and higher medical costs forour citizens. Commerce Lexington encourages lawmakers to initiateprograms and funding or support policies that encourage medicalprofessionals to serve all areas of Kentucky and all Kentuckians.

Reduce Tobacco UsageKentucky continuously leads the nation in use of tobacco and to-bacco related products in adults; among pregnant women andamong high school and middle school students. The tobacco relatedloss of economic productivity is over $2 billion dollars annually inKentucky alone. Commerce Lexington fully supports raising Ken-tucky’s cigarette tax by at least $.50 on all tobacco and tobacco-re-lated products to be more in-line with the national average.Commerce Lexington Inc. supports tax parity on e-cigarettes equalto the tobacco tax rate on traditional cigarettes. Initiatives should beimplemented to reduce smoking among Kentucky patients.

Health & Wellness ProgramsCommerce Lexington supports legislation that provides tax creditsand incentives to employers for creating health and wellness pro-grams for their employees. Kentucky’s population consistentlyranks near the top of the list among the states for overall poorhealth indicators. Poor health among Kentuckians is a drain onthe state’s resources, leading to increased health care costs foremployers and employees, as well as leading to increased utiliza-tion of health care services. Health and wellness programs offeremployers the opportunity to promote preventive health care aswell as educate and encourage healthy lifestyles among their em-ployees. Health and wellness programs often serve as an effectivehealth care cost containment measure and serve to promote per-sonal responsibility among employees for their own health out-comes. Commerce Lexington will continue to support programsand policies that incentivize companies to educate and promotehealth and wellness for their employees.

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Page 20: LEGISLATIVE FOCUS 2019 - Lexington, KY...Bowling Green Mayor Bruce Wilkerson, Warren County Judge Executive Mike Buchanon, and Bowling Green Chamber President Ron Bunch spoke to the

CONTACT:Commerce Lexington Inc.330 East Main St., Suite 100Lexington, KY 40507Phone: (859) 254-4447

www.CommerceLexington.com

20 Legislative Focus: 2019 Public Policy Statements

HEALTH CARE

Reasonable Liability ReformCommerce Lexington will support effective measures to address the escalating costs of health care and medical malpractice insurancefor health providers to lower health care costs, health insurance premiums, and improve access to care. Commerce Lexington supportsthe implementation of peer review protection and a constitutional amendment that would permit the Legislature to consider compre-hensive tort reform. Current law in Kentucky also allows unlimited damages for noneconomic losses. These damages are awardedbased on pain and suffering, emotional distress, and other intangible injuries that occur because of medical malpractice or personalinjuries. In addition, there is no cap on amounts a jury can award in punitive damages. Kentucky is the only state in our region thatdoes not have any form of caps on damages. These damages involve no direct economic loss and have no precise value. It is verydifficult for juries to assign a dollar value to these losses, given the minimal guidance they customarily receive from the court. As aresult, these awards tend to be unpredictable. The specter of a “jackpot” verdict always in the background discourages many providersfrom locating in Kentucky and represents a barrier to economic development in the region.

Monitor Medicaid ExpansionKentucky expanded Medicaid eligibility by executive order to persons with annual incomes up to 138 percent of the federal povertylevel ($27,310 for a family of three) beginning in January 2014. The federal government will pay 100 percent of the state’s additionalcost for the expansion through 2016. However, the state is required to begin paying 5 percent of the costs beginning in 2017, rising insteps each year to 10 percent in 2020. Original projections of the number of Kentuckians who would be eligible for Medicaid under theexpansion have proven to be substantially low. Originally, the Kentucky Cabinet for Health and Family Services estimated 164,000 ad-ditional Kentuckians would be eligible under the Medicaid expansion in FY 2014, and that number would grow to more than 209,000by 2017 and beyond. Currently, there are more than 443,000 Kentuckians enrolled in Medicaid under the expansion. A third of Kentucky’spopulation is currently served by Medicaid – an unsustainable reality.

The cost of the Medicaid expansion in the recently enacted 2016-2018 state budget is $74 million in FY 17 and $173 million in FY 18for a total of $247 million over the biennium. These costs are estimated to rise to more than $500 million in the next biennium. To ad-dress these growing costs, the Governor submitted a waiver request to the federal Department of Health and Human Services to allowKentucky to make several changes to the Medicaid program, including the imposition of monthly premiums and a community servicerequirement for selected populations. Commerce Lexington supports the intent of the proposed waiver by the Governor to controlcosts and commends the administration for tackling the challenges of Kentucky’s Medicaid program. Commerce Lexington Inc. sup-ports efforts to improve access to healthcare, create a sustainable Medicaid program while protecting critical state investments in ed-ucation and other vital programs.