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HB 279 (BR 297) - R. Thomas, R. Wilkey
AN ACT relating to cigarettes.
Create new sections of KRS Chapter 248 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 by the Attorney General; provide for penalties; provide for right of private action; amend KRS 138.146 to require Revenue Cabinet to permit identification of person affixing cigarette tax stamp by numbered rolls of tax stamps and to require the cabinet to keep tax stamp identification for three (3) years; EFFECTIVE January 1, 2002.
HB 279 - AMENDMENTS
HCA (1, R. Thomas) - Revise the remedy for persons injured by violations of Sections 2 and 3 of the Act.
HFA (1, M. Treesh) - Retain original provisions; amend by adding a new subsection clarifying that the Kentucky law on unfair trade practices, KRS 365.020 to 365.50 applies to anyone who sells, distributes or manufactures cigarettes.
HFA (2, M. Treesh) - Retain original provisions; amend by adding a new section that delays the effective date of the Act to January 1, 2002.
HFA (3, R. Thomas) - Retain original provisions; identical to committee amendment; delete Section 8, subsection 3; add a new section to clarify the language of third party right of action for violations of Sections 2 and 3; make technical corrections.
HFA (4, R. Thomas) - Retain original provisions of bill; amend criminal penalties by allowing for recovery of the costs of prosecution by the prosecuting attorney.
HFA (5, R. Thomas) - Retain original provisions of bill; make technical corrections to bill.
SCA (1, J. Pendleton) - Amend to delete certain penalties for violating laws relating to selling, distributing, or packaging cigarettes.
SFA (2, D. Kelly) - Retain original provisions of bill; amend Section 9 to make third party right of action for injunctive relief only; removes third party right of action damages and attorney's fees from Section 9.
Feb 12-introduced in House
Feb 13-to Agriculture and Small Business (H)
Feb 14-posting waived
Feb 15-reported favorably, 1st reading, to Calendar with committee amendment (1)
Feb 16-2nd reading, to Rules; floor amendments (1) (2) and (3) filed
Feb 20-posted for passage in the Regular Orders of the Day for Wednesday, February 21, 2001
Feb 21-floor amendments (4) and (5) filed
Feb 22-3rd reading, passed 86-9 with floor amendments (1) (2) (3) (4) and (5)
Feb 23-received in Senate
Feb 28-to Agriculture and Natural Resources (S)
Mar 1-reported favorably, 1st reading, to Calendar with committee amendment (1)
Mar 2-2nd reading, to Rules; floor amendment (2) filed
Mar 5-posted for passage in the Regular Orders of the Day for Tuesday, March 6, 2001
Mar 6-3rd reading; committee amendment (1) withdrawn ; passed 35-2 with floor amendment (2)
Mar 7-received in House; posted for passage for concurrence in Senate floor amendment (2)
Mar 8-House concurred in Senate floor amendment (2) ; passed 90-4
Mar 9-enrolled, signed by each presiding officer, delivered to Governor
Mar 20-signed by Governor (Acts ch. 150)
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