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House Bill 11

Actions | Amendments

Legislative History
Last Action	04/05/24: signed by Governor (Acts Ch. 111)
Title	AN ACT relating to nicotine products.
Bill Documents	Acts Chapter 111 Current/Final Introduced
Bill Request Number	1406
Sponsors	R. Raymer, K. Banta, J. Bauman, S. Bratcher, J. Bray, M. Clines, S. Dietz, R. Duvall, D. Fister, C. Fugate, D. Hale, S. Lewis, D. Meade , A. Neighbors, M. Pollock, S. Riley, S. Sharp, W. Thomas, K. Timoney, J. Tipton, T. Truett, W. Williams
Summary of Enacted Version	Amends KRS 241.060 to allow the State Alcoholic Beverage Control Board to conduct hearings and appeals; amends KRS 438.305 to define terms, to require the Secretary of State to create and publish a list of certain tobacco product retailers, to require the Department of Alcoholic Beverage Control to create and maintain a tobacco noncompliance database and reporting system, to require wholesalers to verify a retailer’s presence in the database prior to transactions, to establish and impose fines for wholesalers that unlawfully sell to a retailer that is in the noncompliance database, to make any retailer with unpaid fines that are more than 60 days overdue ineligible to sell Tobacco Control Act covered products until the fines are paid, to direct manufacturers of Tobacco Control Act covered products to provide safe harbor certification to wholesalers and retailers of their products, and to prohibit a retailer from selling Tobacco Control Act products to persons under 21 years of age; and amends KRS 438.340 to create new civil penalties and appeals process; effective January 1, 2025.
Summary of Original Version	Create new sections of KRS 438.305 to 438.340 to define terms; require the Secretary of State to create and publish a list of certain tobacco product retailers; require the Department of Alcoholic Beverage Control to create and maintain a tobacco noncompliance database and reporting system; require wholesalers to verify a retailer's presence in the database prior to transactions; establish and impose fines for wholesalers that unlawfully sell to a retailer that is in the noncompliance database; make ineligible any retailer with unpaid fines that are more than 60 days overdue from selling Tobacco Control Act covered products until the fines are paid; direct manufacturers of Tobacco Control Act covered products to provide safe harbor certification to wholesalers and retailers of their products; prohibit a retailer from selling Tobacco Control Act products to persons under 21 years of age; establish; amend KRS 241.060 to allow the board to conduct hearings and appeals under this Act and KRS 438.340. .
Index Headings of Original Version	Drugs and Medicines - Tobacco and related products, sale and distribution, penalties Tobacco - Tobacco and related products, sale and distribution, penalties Public Safety - Tobacco and related products, sale and distribution, penalties Secretary of State - Tobacco and related products, sale and distribution, enforcement State Agencies - Secretary of State, tobacco products, sale and distribution, enforcement State Agencies - Department of Alcoholic Beverage Control, tobacco products, sale, enforcement
Jump to Proposed Amendments	House Committee Substitute 1 Senate Committee Substitute 1 Senate Floor Amendment 1
Votes	Vote History

Actions

Top | Amendments

02/26/24	introduced in House to Committee on Committees (H)
02/28/24	to Health Services (H)
03/07/24	reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/08/24	2nd reading, to Rules posted for passage in the Regular Orders of the Day for Monday, March 11, 2024
03/11/24	3rd reading, passed 62-26 with Committee Substitute (1)
03/12/24	received in Senate to Committee on Committees (S)
03/15/24	to Licensing & Occupations (S)
03/26/24	floor amendment (1) filed taken from Licensing & Occupations (S) 1st reading returned to Licensing & Occupations (S)
03/27/24	reassigned to Judiciary (S) taken from Judiciary (S) 2nd reading returned to Judiciary (S)
03/28/24	reported favorably, to Rules with Committee Substitute (1) as a consent bill posted for passage in the Regular Orders of the Day for Thursday, March 28, 2024 3rd reading Floor Amendment (1) withdrawn passed 29-7-1 with Committee Substitute (1) received in House to Rules (H) posted for passage for concurrence in Senate House concurred in Senate Committee Substitute (1) passed 64-27 with Committee Substitute (1) enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Governor
04/05/24	signed by Governor (Acts Ch. 111)

Proposed Amendments

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Amendment	House Committee Substitute 1
Summary	Retain original provisions; amend to redefine "authorized product" and "safe harbor certification"; establish conditions for retailers with overdue, unpaid fines; EFFECTIVE January 1, 2025.
Index Headings	Effective Dates, Delayed - Tobacco and related products, sale and distribution, enforcement, January 1, 2025 Tobacco - Requirements for retailers, nicotine products, fines

Amendment	Senate Committee Substitute 1
Summary	Retain original provisions, except remove definitions section; amend KRS 438.305 to define terms; create new civil penalties and appeals process; establish conditions for retailers with overdue, unpaid fines; amend KRS 438.310 and 438.313 to conform; EFFECTIVE January 1, 2025.
Index Headings	Effective Dates, Delayed - Tobacco and vapor nicotine products, sale and distribution, enforcement, January 1, 2025 Secretary of State - Authorized products retailers database, tobacco noncompliance database and reporting system Tobacco - Requirements for retailers, manufacturers, wholesalers, nicotine products, fines Vaping - Retailers, manufacturers, wholesalers, authorized and unauthorized vapor products

Amendment	Senate Floor Amendment 1
Sponsor	S. Funke Frommeyer
Summary	Amend KRS 438.305 to define new terms; establish responsibilities for the Department of Alcoholic Beverage Control for issuing permits to retailers, manufacturers, and distributors of e-liquids and vapor products; create labeling, marketing, packaging, and safety requirements for retailers, manufacturers, and distributors of e-liquids and vapor products; establish process for online sales for retailers, manufacturers, and distributors; create new civil penalties and appeals process; amend various statutes to conform; effective January 1, 2025.
Index Headings	Public Safety - E-liquids and vapor products, sale and distribution, enforcement, penalties Effective Dates, Delayed - e-liquids and vapor products, sale and distribution, penalties, January 1, 2025 Drugs and Medicines - E-liquids and vapor products, sale and distribution, penalties Tobacco - E-liquids and vapor products, sale and distribution, enforcement, penalties

Last updated: 9/26/2024 1:37 PM (EDT)