On January 8, 2013, SB 50 was introduced in the Senate. The bill differed than prior bills (SB 14 SB 30, and SB 41) in that it; 1) defined "Commissioner," "department," "grower," "industrial hemp," and "tetrahydrocannabinol," 2) required the department to set the cost of the licensing fee, 3) etablished circumstances in which a license may be withdrawn, along with grower requirements, 4) to clarify the scope of research, and 5) allow for members of the Industrial Hemp Commission and designate the commissioner as the commission chair. It also included an number of additional amendments.
See full bill text below.
AN ACT relating to industrial hemp.
Create new sections of KRS Chapter 260 to define "Commissioner," "department," "grower," "industrial hemp," and "tetrahydrocannabinol"; establish conditions and procedures for the licensing of industrial hemp growers by the Department of Agriculture; require the department to coordinate a criminal history check with the assistance of law enforcement agencies; establish a license duration period; require the department to set the cost of the license by administrative regulation; require the department to forward a copy of an industrial hemp grower license to law enforcement agencies; specify stipulations for growers having an industrial hemp grower license; clarify that the Act does not authorize a person to violate federal law; require periodic reports to the Kentucky Industrial Hemp Commission; establish circumstances under which a license may be withdrawn; amend KRS 218A.010 to conform; amend KRS 260.853 to clarify the scope of industrial hemp research; amend KRS 260.857 to allow for additional members of the Industrial Hemp Commission and designate the commissioner as the commission chair; amend KRS 260.859 to conform.
SB 50 - AMENDMENTS
SCS/LM - Retain original provisions of the bill, except require the Department of Agriculture to be responsible for monitoring and testing industrial hemp fields; require hemp growers or agents to carry the proper documentation when transporting hemp; clarify university membership and representation on the Kentucky Hemp Commission.
HFA (1, R. Henderson) - Require the Kentucky Department of Agriculture and the Kentucky State Police to be responsible for monitoring registered industrial hemp fields and requires the Kentucky Department of Agriculture and the Kentucky State Police to randomly test the industrial hemp for compliance with THC levels.
HFA (2, R. Henderson) - Require the Kentucky Department of Agriculture and the Kentucky State Police to be responsible for monitoring registered industrial hemp fields and requires the Kentucky Department of Agriculture and the Kentucky State Police to randomly test the industrial hemp for compliance with THC levels.
HFA (3, R. Adkins) - Define "commission", "grower", "hemp products", "industrial hemp", "industrial hemp processor", "seed research", and "tetrahydrocannabinol"; amend KRS 260.851 to require the Kentucky State Police to license research on industrial hemp and hemp products; amend KRS 260.853 to establish responsibilities of the Industrial Hemp Commission; require creation of an industrial hemp research program that includes licensed growers and registered processors; require coordination with the University of Kentucky Center for Applied Energy Research; amend KRS 260.857 to attach the Hemp Commission to the University of Kentucky Agricultural Experiment Station; clarify membership, adding regional university representation; authorize commission co-chairs; amend KRS 260.863 to require reporting on industrial hemp-related matters; amend KRS 260.869 to clarify the industrial hemp program fund; create a new section of KRS 260.850 to 260.869 to establish conditions and procedures for issuing industrial hemp grower licenses; allow license fee to be set by administrative regulation; stipulate monitoring requirements; create a new section of KRS 260.850 to 260.869 to set out operational procedures for industrial hemp growers; set out standards for transporting industrial hemp off a production site; create a new section of KRS 260.850 to 260.869 to develop a voluntary registration for industrial hemp processors; create a new section of KRS 260.850 to 260.869 to allow industrial hemp growers to apply for tobacco settlement funds; create a new section of KRS 260.850 to 260.869; stipulate adherence to federal law; create a new section of KRS 141 to establish a nonrefundable tax credit for industrial hemp growers; denote requirements for getting the tax credit and filing requirements; amend KRS 141.0205 to set the order of the industrial hemp grower tax credit; amend KRS 218A.010 to conform; repeal KRS 260.859; make technical corrections.
HFA (4, R. Adkins) - Delete original provisions and insert the following provisions relating to the Kentucky Industrial Hemp Commission, the industrial hemp research program, and the licensure of industrial hemp growers for both research and commercial purposes; amend KRS 260.850 to define terms; create a new section of KRS 260.850 to 260.869 to declare the purpose of the Act and provide that the purpose shall be accomplished through the commission, the research program, and the licensure of industrial hemp growers; amend KRS 260.851 to require the commission to promulgate administrative regulations to administer the research program; amend KRS 260.853 to establish the research program to consist of demonstration plots overseen by the University of Kentucky Agricultural Experiment Station and other research partners, and to establish the responsibilities of the commission; amend KRS 260.857 to attach the commission to the University of Kentucky Agricultural Experiment Station and to clarify membership, adding regional university representation and others; amend KRS 260.859 to name the Commissioner of the Department of Agriculture vice chair of the commission, and allow for the commission to elect its chair; amend KRS 260.861 to clarify what entities provide administrative and other services to the commission; amend KRS 260.863 to require reporting on industrial hemp issues; amend KRS 260.865 to provide that no provision of this Act shall allow any person to violate any federal law; amend KRS 260.869 to clarify the uses of the industrial hemp program fund and to allow the commission to administer the fund; create a new section of KRS 260.850 to 260.869 to establish conditions and procedures for issuing industrial hemp grower licenses, allow license fees to be set by administrative regulation, and stipulate monitoring requirements; create a new section of KRS 260.850 to 260.869 to set out operational procedures for licensed growers, and set out standards for transporting industrial hemp off the premises of a licensed grower; create a new section of KRS 260.850 to 260.869 to establish procedures for license revocations in certain circumstances; create a new section of KRS 260.850 to 260.869 to allow licensed growers to apply for tobacco settlement funds; amend KRS 218A.010 to conform; amend KRS 154.32-010 to clarify that processing industrial hemp qualifies as "agribusiness" under the Kentucky Business Investment incentive program; direct the Cabinet for Economic Development to work with the commission to promote the development of industrial hemp production and commercialization in the Commonwealth.
On February 11, the Senate Committee of Agriculture reported favorably in its first reading, and SB 50 went on to Calendar for a second reading.
Click on the links below to learn more about Kentucky hemp bill SB 50 and follow up legislation:
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Sources
http://www.lrc.ky.gov/record/13RS/SB50.htm
http://www.votehemp.com/PDF/KY_SB_50_2013.pdf