Monday, May 17, 2010


Senators' Buford and Higdon.

Please try and get these leaders to accept proposal to collect 21 year old car and truck tax evasion/create opportunity to bring high paying trucking jobs to Kentucky. In the process this action has eliminated one-out-of-three Kentucky trucker taxes and eliminated $1 billion of state expenses while replacing state's general fund $1 billion deficit with a positive balance of $262 million!

COLLECT all Kentucky owned car and truck tax evasion which I estimate @200,000 violators with average usage tax liability of $2,000=$400 million & 200,000 violators with an average property tax liability of $200 dollars =$40 million. That's estimated $440 million due-and-owing usage and property taxes to apply against $1 billion deficit.

ELIMINATE truck weight distance tax to address job creating. This would be a "revenue neutral" tax strategy. First, combine weight-distance, motor fuels tax revenues with truck registration fees. Next fiscal year eliminate truck weight distance tax. Taxes have not been raised, yet weight-distance revenues are now included in total truck revenues without state general fund loosing those very revenues.

CUT $822 million from state expenses;

$300 million from state tax expenditures;
$400 million from corporate tax shelters;
$100 million from non-merit worker payroll'
$ 22 million from 09-10 PVA & Deputy PVA payroll;

To protect $262 general fund postive balance declare moratorium of any legislation containing any kind of tax exemption, credit, prefrential tax rate, deduction, exclusion or deferment for next entire biennium.

In the meantime, in next state budget address how state can alleviate further State's General Fund liabilites to local taxing jurisdictions by amending local KRS language to allow local taxing option; amend KRS H.B. 44 language to enhance maximum tax rate to 6%; amend state retirement statutes to combine Ky Retiree System, County Retiree System, State Police System and Teacher Retirement System into one retirement agency; amend homestead exemption/disability implementing legislation to replace "exemption" with "property tax circuit breaker" to eliminate automatic increasing every two years; amend farmland use act implementing legislation by re-establishing tax liability on party changing farmland use subjecting party to paying a deferred tax liability for causing such change; 2006 House Bill 698 (Clarify vehicle registration rules)...See below:
Introduced in House on February 27, 2006, to clarify vehicles that are required to be registered in Kentucky. The bill would provide that 25% of the penalty imposed under the section go to the law enforcement agency that issues the citation to the violator.

Referred to the House Transportation Committee on February 28, 2006.

Reported in the House on March 9, 2006, favorably, 1st reading, to Calendar.

Referred to the House Appropriations and Revenue Committee on March 16, 2006.

Amendment offered on March 16, 2006, to establish that the failure to properly register a vehicle shall subject the owner to all evaded property tax and applicable interest. The amendment would provide for assessment of a penalty by the Department of Revenue equal to the amount of tax evaded. The amendment would establish that any law enforcement agency issuing a citation which results in the payment of owed taxes receive 25% of penalty assessed or not less than $50.

Sincerely,

Bill Huff
319 Dixie Manor Court
Harrodsburg, Ky 40330-1923
859.734.2228
huff9983@roadrunner.com


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June 1994 Ky Supreme court decision clarified state agency having adequate KRS authority to compliance titling and registration of Kentucky motor vehicles; i.e., Divison of Vehicle Enforcment Officers...not state police.

Yet, sine June, 1994 it appears Division of Vehicle Enforcmeent Officers still are not in compliance with June 1994 Kentucky Supreme court ruling. I could be wrong but it appears so from structure of website.

Although KVE officers primarily enforce commercial vehicle laws, their sworn officers, as peace officers of the Commonwealth, have full power to issue citations and make arrests. Prior to the merger with the KSP, KVE officers would often provide speed enforcement and enforced other traffic laws, acting as a de facto highway patrol. While still maintaining full law enforcement authority, it is expected that KSP will return the agency's focus to commercial vehicle enforcement...WHERE IS JUNE 1994 KY SUPREME COURT CLARIFICATION MENTIONED KVE ONLY ONES HAVE KRS AUTHORITY TO COMPLIANCE KENTUCKIY'S MOTOR VEHICLES, WHICH INCLUDES TITLLING & REGISTRATION COMPLIANCE?

Essential to successful property tax compliance is collaboration between KVE AND Department of Revenue. CVE officers locate and identify mis-registered Kentucky vehicle owners reporting information to Department of Revenue property tax staff for verification, assessing taxable situs and value of vehicle, billing, handling bona fide appeals, billing and collecting.

Subject: Where is webpage for MOTOR VEHICLE ENFORCEMENT OFFICERS AND JUNE 1994 KY SUPREME COURT DECISION MVO ONLY ONE HAVING KRS AUTHORITY FOR MOTOR VEHICLE COMPLIANCE

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In June 1994 Kentucky Supreme court ruled the only state agency having KRS authority to compliance all motor vehicle laws in Kentucky was Division of Vehicle Enforcement Officers.

In early 2000 Fletcher administration merged Transportation Cabinet's Division of Vehicle Enforcement Officers with Justice Cabinet's State Police.

Yet, in 2010 state police webpage does not reflect 1994 Kentucky Supreme Court decions handed down almost 16 years ago. Recently, Governor Beshear made KVE a division of State Police, w/o mentioning of KVS's motor vehicle titling & registration responsibilities, as stated in June 1994 KY Supreme Court decision. This ommission should be properly advertised since motor vehicle compliance totally belongs to KVE since they have all the KRS authority. Suggest state police legal department look at this 1994 case and bring state police webpage information into compliance with current court interpretation; i.e., Division of Vehicle Enforcement Officers only state agency having authority to compliance Kentucky's motor vehicle titling and registration, drunk driving, etc.

Collaboration with Finance Cabinet's Department of Revenue is essential for MVEO to turn over names of suspected mis-registered motor vehicle owners to Revenue Department. Revenue needs evaders' Kentucky mailing address, car description, car's current mis-registered license plate number and state of registration to verify---for property tax billing purposes---motor vehicles' taxable situs to ascertain property tax jurisdiction. What follows is valuation, placing vehicle in property tax jurisdiction, billing and notification of owner for tax appeals process purposes. Bill will contain 10% or 20% penalty and interest will be calculated back 5 years before bill mailed to taxpayer.

Usage tax billing handled by usage tax section.

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This tax evasion existed in 2000 whereby Ky car owners of mis-registered, ILLEGALLY PLATED, motor vehicles operated daily on KY Highways uninhibited without consequences and continues today, May 17, 2010. Estimated amount of uncollected due-and-owing KY usage & property taxes is $250,000,000 DOLLARS!