Senate Bill 56

Actions | Amendments
Last Action 01/31/20: posted in committee
Title AN ACT relating to the sale of tobacco, alternative nicotine, and vapor products and declaring an emergency.
Bill Documents Current
Introduced
Fiscal Impact Statements Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 967
Sponsors R. Alvarado, D. Carroll
Summary of Original Version Amend KRS 438.305 to change the definition of "proof of age"; amend KRS 438.310 to prohibit the sale of tobacco, alternative nicotine, or vapor products to persons under the age of 21; amend KRS 438.311 to make it unlawful for persons under 21 to buy tobacco, alternative nicotine, or vapor products; establish a fine of not less than $50 nor more than $500 for a person over the age of 18 who violates the age restrictions for purchasing or receiving tobacco, alternative nicotine, or vapor products; remove status offense designation for violations by persons under 18; remove jurisdiction of the juvenile section of the District Court for violations by persons under 18; remove references to arrest and court appearances by persons under 18; amend KRS 438.313 to prohibit the wholesale, retail, or manufacturer distribution of tobacco or vapor products to persons under 21; remove references to arrest and court appearances for persons under 18; amend KRS 438.315 to raise the minimum age for vending machine sales of tobacco, alternative nicotine, or vapor products to 21; remove references to arrest and court appearances for persons under 18; amend KRS 438.325 to establish 21 as the age limit regarding tobacco, alternative nicotine, or vapor product retail notifications; amend KRS 438.330 to set tobacco, alternative nicotine, and vapor product enforcement standards so that they relate to persons under the age of 21; amend KRS 438.350 regarding possession of tobacco, alternative nicotine, or vapor products by a person under age 21; amend KRS 600.020 to remove tobacco offenses from the definition of "status offense action"; amend 610.010 to remove tobacco related offenses as provided in KRS 438.305 to 438.340 from the jurisdiction of the juvenile section of the District Court; amend 630.020 to remove tobacco related offenses as provided in KRS 438.305 to 438.340 from the jurisdiction of the juvenile section of the District Court; amend 630.120 to remove the reference to child tobacco offenses under KRS 438.305 to 438.340; EFFECTIVE January 1, 2021.
Index Headings of Original Version Local Mandate - Tobacco, alternative nicotine, and vapor products, raise minimum purchase age to 21
Courts, District - Tobacco-related offenses, minors, remove jurisdiction
Crimes and Punishments - Tobacco-related offenses, minors, remove status offense designation
Effective Dates, Delayed - Increase purchase age for tobacco, nicotine alternative, and vapor products, January 1, 2021
Public Health - Tobacco, alternative nicotine, and vapor products, raise minimum purchase age to 21
Sales - Tobacco, alternative nicotine, and vapor products, raise minimum purchase age to 21
Tobacco - Tobacco, alternative nicotine, and vapor products, raise minimum purchase age to 21
Children and Minors - Tobacco-related offenses, minors, remove status offense designation
Commerce - Tobacco, alternative nicotine, and vapor products, raise minimum purchase age to 21
Vaping - Tobacco, alternative nicotine, and vapor products, raise minimum purchase age to 21
Jump to Proposed Amendments Senate Committee Substitute 1 with Fiscal Impact Statements
Senate Floor Amendment 1
Senate Floor Amendment 2
Votes Vote History

Actions

Top | Amendments
12/12/19
  • Prefiled by the sponsor(s).
01/07/20
  • introduced in Senate
01/08/20
  • to Health & Welfare (S)
01/15/20
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
01/16/20
  • 2nd reading, to Rules
01/21/20
  • floor amendment (1) filed to Committee Substitute, floor amendment (2-title) filed
01/23/20
  • posted for passage in the Regular Orders of the Day for Thursday, January 23, 2020
  • 3rd reading, passed 28-10 with Committee Substitute (1) and floor amendments (1) and (2-title)
01/24/20
  • received in House
01/28/20
  • to Judiciary (H)
01/31/20
  • posted in committee

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Fiscal Impact Statement Local Mandate to Senate Committee Substitute 1
Summary Retain original provisions; make technical correction; change definition of "tobacco product" to include any product made or derived from tobacco that is intended for human consumption; change definition of "vapor product" to include any device deemed to be an electronic nicotine delivery system by the United States Food and Drug Administration; remove the penalty for a person over the age of 18 for purchasing tobacco, alternative nicotine, or vapor products; amend KRS 438.337 to conform.
Index Headings Crimes and Punishments - Purchase of tobacco and vapor products; persons over 18, remove penalty
Technical Corrections - SB 56
Tobacco - Purchase of tobacco and vapor products, persons over 18, remove penalty
Vaping - Purchase of tobacco and vapor products, persons over 18, remove penalty
Local Mandate - Purchase of tobacco and vapor products, persons over 18, remove penalty

Amendment Senate Floor Amendment 1
Sponsor R. Alvarado
Summary Restore existing language to prohibit the arrest of a child for violation of KRS 438.313 or 438.315; allow for the confiscation of a tobacco product, alternative nicotine product, or vapor product from a person under the age of 21 who violates KRS 438.311, but prohibit any other penalty from being applied; restore existing language prohibiting the commitment of a child for a tobacco offense under KRS 438.305 to 438.340; remove the delayed effective date; EMERGENCY.
Index Headings Effective Dates, Emergency - Tobacco, alternative nicotine, and vapor products, minimum purchase age
Tobacco - Tobacco offenses, minors, prohibit arrest
Children and Minors - Tobacco offenses, minors, prohibit arrest
Children and Minors - Tobacco purchase and possession offenses, under 21, confiscation only penalty
Vaping - Vaping offenses, minors, prohibit arrest
Crimes and Punishments - Tobacco purchase and possession offenses, under 21, confiscation only penalty

Amendment Senate Floor Amendment 2
Sponsor R. Alvarado
Summary Make title amendment.
Index Headings Title Amendments - SB 56

Last updated: 2/14/2020 1:51 PM (EST)
To receive notice when the record is updated follow @LRCTweetBot.