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SB48

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SB 48/FN (BR 397) - V. McGaha, D. Givens

     AN ACT relating to cigarettes.
     Amend KRS 131.612 to stipulate when noncertified cigarettes shall be removed from retail outlets.

SB 48 - AMENDMENTS


     SCS - Amend KRS 131.604 to define "retailer"; amend KRS 131.610 to require a stamping agent or distributor to notify retail customers when a cigarette brand family or cigarette manufacturer has been removed from the directory; require the stamping agent or distributor to provide the Department of Revenue the list of retailers notified; allow retailers 45 days to sell the affected cigarettes and prohibit the retailer from selling after the 45 day period; amend KRS 131.612 to conform; amend KRS 131.622 to provide that contraband cigarettes may be seized and destroyed after 20 days if the seizure is not timely protested; EFFECTIVE July 1, 2009.

     HFA (1, R. Rand) - Amend KRS 131.610 to allow retailers 60 days rather than 45 days to sell cigarettes that have been removed from the directory before they become contraband; prohibit a stamping agent or distributor from purchasing cigarettes from a nonparticipating manufacturer that has been given notice of the Attorney General's intent to remove the manufacturer from the directory.

     HFA (2, J. Higdon) - Amend KRS 131.610 to allow retailers 90 days rather than 45 days to sell cigarettes that have been removed from the directory before the cigarettes become contraband.

     HFA (3, J. Higdon) - Require the staff of the Legislative Research Commission to study certifications and escrow requirements of the Tobacco Master Settlement Agreement and report to Interim Joint Committee on Appropriations and Revenue by November 1, 2010.

     HFA (4, J. Tilley) - Create a new section of KRS 138.130 to 138.205 to allow licensed wholesalers, licensed unclassified acquirers and licensed subjobbers to receive a tax credit equal to the amount of tax evidence purchased and affixed to cigarettes that were purchased from a nonparticipating manufacturer that has been removed from the directory.

     Feb 3-introduced in Senate
     Feb 4-to Appropriations & Revenue (S)
     Feb 26-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 27-2nd reading, to Rules
     Mar 2-posted for passage in the Regular Orders of the Day for Tuesday, March 3, 2009
     Mar 3-3rd reading, passed 33-3 with Committee Substitute
     Mar 4-received in House
     Mar 6-to Appropriations & Revenue (H)
     Mar 9-posting waived retroactively; reported favorably, 1st reading, to Calendar
     Mar 10-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Wednesday, March 11, 2009; floor amendments (1) (2) (3) and (4) filed
     Mar 11-3rd reading; floor amendment (4) defeated ; passed 91-3 with floor amendments (1) and (3) ; received in Senate
     Mar 12-posted for passage for concurrence in House floor amendments (1) and (3) ; Senate concurred in House floor amendments (1) and (3) ; passed 38-0
     Mar 13-enrolled, signed by each presiding officer; delivered to Governor
     Mar 24-signed by Governor (Act ch. 84)

Vote History
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