Senate Bill 48

Actions | Amendments
Last Action signed by Governor (Act ch. 84)
Title AN ACT relating to cigarettes.
Bill Documents Bill
Impact Statements Fiscal Note
Bill Request Number 397
Sponsors V. McGaha, D. Givens
Summary of Original Version Amend KRS 131.612 to stipulate when noncertified cigarettes shall be removed from retail outlets.
Index Headings of Original Version Agriculture - Noncertified cigarettes, removal steps for
Commerce - Noncertified cigarettes, removal steps for
Tobacco - Noncertified cigarettes, removal steps for
Fiscal Note - Noncertified cigarettes, removal steps for
Proposed Amendments Senate Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
Votes Vote History

Actions

Top | Amendments
02/03/09
  • introduced in Senate
02/04/09
  • to Appropriations & Revenue (S)
02/26/09
  • reported favorably, 1st reading, to Calendar with Committee Substitute
02/27/09
  • 2nd reading, to Rules
03/02/09
  • posted for passage in the Regular Orders of the Day for Tuesday, March 3, 2009
03/03/09
  • 3rd reading, passed 33-3 with Committee Substitute
03/04/09
  • received in House
03/06/09
  • to Appropriations & Revenue (H)
03/09/09
  • posting waived retroactively
  • reported favorably, 1st reading, to Calendar
03/10/09
  • 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
03/11/09
  • 3rd reading
  • floor amendment (4) defeated
  • passed 91-3 with floor amendments (1) and (3)
  • received in Senate
03/12/09
  • posted for passage for concurrence in House floor amendments (1) and (3)
  • Senate concurred in House floor amendments (1) and (3)
  • passed 38-0
03/13/09
  • enrolled, signed by each presiding officer
  • delivered to Governor
03/24/09
  • signed by Governor (Act ch. 84)

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Summary 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.
Index Headings Agriculture - Noncertified cigarettes, removal steps for
Commerce - Noncertified cigarettes, removal steps for
Tobacco - Noncertified cigarettes, removal steps for
Fiscal Note - Noncertified cigarettes, removal steps for

Amendment House Floor Amendment 1
Sponsor R. Rand
Summary 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.
Index Headings Agriculture - Noncertified cigarettes, removal steps for
Commerce - Noncertified cigarettes, removal steps for
Tobacco - Noncertified cigarettes, removal steps for
Fiscal Note - Noncertified cigarettes, removal steps for

Amendment House Floor Amendment 2
Sponsor J. Higdon
Summary 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.
Index Headings Agriculture - Noncertified cigarettes, removal steps for
Commerce - Noncertified cigarettes, removal steps for
Tobacco - Noncertified cigarettes, removal steps for
Fiscal Note - Noncertified cigarettes, removal steps for

Amendment House Floor Amendment 3
Sponsor J. Higdon
Summary 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.
Index Headings Agriculture - Noncertified cigarettes, removal steps for
Commerce - Noncertified cigarettes, removal steps for
Tobacco - Noncertified cigarettes, removal steps for
Fiscal Note - Noncertified cigarettes, removal steps for

Amendment House Floor Amendment 4
Sponsor J. Tilley
Summary 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.
Index Headings Agriculture - Noncertified cigarettes, removal steps for
Commerce - Noncertified cigarettes, removal steps for
Tobacco - Noncertified cigarettes, removal steps for
Fiscal Note - Noncertified cigarettes, removal steps for

Last updated: 1/16/2019 4:30 PM (EST)