00RS SB123


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SB 123/FN (BR 1770) - J. Pendleton

     AN ACT relating to cigarettes and declaring an emergency.
     Amend KRS 241.020 to provide that the department of alcoholic beverage control shall enforce the cigarette provisions of this Act; create new sections of KRS Chapter 244 to set out definitions; provide that no person shall sell, distribute, acquire, hold, own, possess in this state, or transport for sale or distribution in this state, or import or cause to be imported in this state for sale or distribution in this state any cigarettes whose contents, packaging, manufacturing, labeling, marketing, or distribution does not comply with federal law; set out exceptions; provide for administrative reporting procedures; provide for enforcement; provide for penalties.


     SCS/FN - Retain the original provisions and cigarette unit for the enforcement of the provisions of this Act; provide for ten days after the close of a month to provide reports to the ABC; EMERGENCY.
     SCA (1/Title, J. Pendleton) - Make title amendment.
     HFA (1, H. Anderson) - Add a provision that prohibits cigarette manufacturers that have not participated in the Master Settlement Agreement from affixing a stamp required by KRS 138.146 or making other evidence of tax payment, unless they have waived their rights to a release of escrow funds.
     HFA (2, H. Anderson) - Delete language that allows cigarettes imported or brought into the United states for personal use to be exempt from provisions of the Act.
     HFA (3, H. Anderson) - Prohibit sale, acquisition, transport, or import of any American-made goods that have been sold on the international market.
     HFA (4, H. Anderson) - Require wholesalers to report how many foreign-made and reimported cigarette packages they have stamped with Kentucky stamps.
     HFA (5, H. Anderson) - Require each company that manufactures cigarettes that are brought into Kentucky to file a report describing the percentage of American-grown tobacco used in those cigarettes.
     HFA (6, H. Anderson) - Require cigarette manufacturers that offer cigarette promotions to retailers to offer the promotions equally to all retailers.
     HFA (7, H. Anderson) - Allow individuals who are conducting gray market cigarette sales to be exempt from the provisions of the Act if they are paying into the escrow account for nonparticipating manufacturers under the Master Settlement Agreement.
     HFA (8, H. Anderson) - Delete provisions that allow any person injured or adversely affected by a violation under the Act to have a civil cause of action against the person committing the violation and be entitled to injunctive or equitable relief and damages.
     HFA (9, H. Anderson) - Delete all provisions of the bill and require the Interim Joint Committee on Agriculture and Natural Resources to undertake a study on gray market cigarette sales.
     HFA (10/Title, H. Anderson) - Make title amendment.

     Jan 21-introduced in Senate
     Jan 25-to Appropriations and Revenue (S)
     Feb 1-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Feb 2-2nd reading, to Rules
     Feb 4-posted for passage in the Regular Orders of the Day for Tuesday, February 8, 2000
     Feb 8-passed over and retained in the Orders of the Day
     Feb 9-3rd reading, passed 21-14 with Committee Substitute, committee amendment (1-title)
     Feb 10-received in House
     Feb 14-to Agriculture and Small Business (H)
     Feb 15-posting waived; posted in committee
     Feb 17-reported favorably, 1st reading, to Calendar; floor amendment (1) filed
     Feb 18-2nd reading, to Rules
     Feb 22-floor amendments (2) (3) (4) (5) (6) (7) (8) (9) and (10-title) filed
     Feb 25-recommitted to Appropriations and Revenue (H)
     Feb 28-posted in committee
     Mar 20-reassigned to Agriculture and Small Business (H); posting waived

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