WHEREAS the Joint Appropriations Committee has received and reviewed testimony demonstrating the necessity of clarifying tourism development financing;

WHEREAS recent administrative experience has demonstrated material deficiencies in the statutory scheme pertaining to tourism development financing;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF KENTUCKY:

SECTION 1. Legislative Findings and Declarations of Policy.

The General Assembly hereby finds that the tourism development financing in the Commonwealth requires responsive and efficient statutory governance. It is the declared policy of this Commonwealth to ensure that the regulatory framework governing said tourism development financing is modern, equitable, and aligned with current best practices.

SECTION 2. Penalties for Noncompliance.

Nothing in this Act shall be construed to limit, abridge, or otherwise affect the rights, privileges, or immunities of any person protected under the Constitution of the United States or the Constitution of the Commonwealth of Kentucky.
In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

SECTION 3. Data Confidentiality.

This Act shall be interpreted and construed in a manner consistent with the legislative intent to promote fiscal responsibility, governmental efficiency, and the welfare of all citizens of the Commonwealth, and shall be liberally construed to effectuate its remedial purposes.
To the extent practicable and consistent with applicable civil rights laws, the Agency shall endeavour to ensure that the benefits and services authorised under this Act are administered in an equitable and nondiscriminatory manner across all regions and demographic groups within the Commonwealth.

SECTION 4. Definitions.

"Secretary" means the Secretary of the relevant Cabinet as designated in the Executive Branch reorganisation order.
"Governing Body" means the county fiscal court, the municipal legislative body, or such other local governmental entity vested with general legislative authority.
"Regulated Activity" means any commercial, industrial, agricultural, or professional activity subject to oversight under the provisions of this Act.

SECTION 5. Effective Date.

This Act shall take effect ninety (90) days following its enactment into law.

SECTION 6. Severability.

In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.