House Bill 439

Actions | Amendments
Last Action 04/04/24: signed by Governor (Acts Ch. 46)
Title AN ACT relating to alcoholic beverages and declaring an emergency.
Bill Documents Acts Chapter 46
Current/Final
Introduced
Fiscal Impact Statements Corrections Impact
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 919
Sponsors M. Koch, K. Timoney, C. Aull, B. Chester-Burton, R. Palumbo, C. Stevenson
Summary of Enacted Version Amends KRS 211.285 to rename the “malt beverage education fund” as the “alcohol wellness and responsibility education fund,” to add proceeds from Alcoholic Beverage Control Board distilled spirit auctions to the fund, to issue moneys from the fund to the Alcohol Wellness and Responsibility Education Corporation, to modify membership of the corporation’s board of directors, to authorize the corporation to accept grant applications from Kentucky high schools, colleges, universities, and other entities that promote alcohol responsibility, and to increase Project Graduation grants to $1,000 annually; amends KRS 241.010 to decrease the minimum number of passengers from 100 to 40 in the definition of “riverboat”; amends KRS 241.060 and 243.540 to allow the Alcoholic Beverage Control board to dispose of alcoholic beverages through public auction when a final order has been issued after all appeals are exhausted, to promulgate administrative regulations to establish auction procedures, and to donate all auction proceeds to the alcohol wellness and responsibility education fund; amends KRS 241.066 to allow one quota retail package license for every 2,000 residents in any wet county or urban-county government with more than 100,000 residents, unless a lower statutory ratio is already established; amends KRS 241.069 and 242.021 to permit a city, county, or urban-county government to petition for an increase in the number of quota retail package licenses at least one year after the certification of the local option election; creates a new section of KRS Chapter 243 to establish requirements for persons delivering alcoholic beverages on behalf of a retail package licensee; amends KRS 243.030 to create a $300 annual vintage distilled spirits license fee; amends KRS 243.110 to authorize the holder of a primary license to also hold a vintage distilled spirits license; amends KRS 243.200 to remove vehicle requirement provisions from a transporter’s license; amends KRS 243.232 to restructure vintage distilled spirits licenses and sales, to allow a licensee who may sell distilled spirits by the drink or package to receive a vintage distilled spirits license as a supplementary license, to require vintage distilled spirits licensees to file a monthly report with the department, to require all purchases to be in-person at the licensed premises, to direct the licensee to conspicuously label the purchase as vintage distilled spirits, to limit a licensee to 24 vintage distilled spirits packages purchased from each seller every 12 months, and to limit any seller to 24 packages total every 12 months; amends KRS 243.360 to give an applicant the option to advertise intent to apply for a license either online or in print and to exempt a vintage distilled spirits license applicant from the public notice advertising requirement; amends KRS 243.990 to establish fines for vintage distilled spirits sellers who exceed the maximum package limit; and creates a new section of KRS Chapter 244 to establish procedures for department seizure of alcoholic beverages, including providing notice of violations within 14 days, to return the alcoholic beverages to the licensee if the department fails to provide notice, and to establish licensee administrative hearing and Circuit Court appellate rights; EMERGENCY.
Legislative History
Summary of Original Version Amend KRS 241.010 to make a technical correction; amend KRS 241.060 and 243.540 to allow the Alcoholic Beverage Control board to dispose of alcoholic beverages through public auction; promulgate administrative regulations to establish auction procedures; donate all auction proceeds to the alcohol wellness and responsibility education fund; amend KRS 243.030 to create a $300 annual vintage distilled spirits license fee; amend KRS 243.110 to authorize the holder of a primary license to also hold a vintage distilled spirits license; amend KRS 243.232 to restructure vintage distilled spirits licenses and sales; allow a licensee who may sell distilled spirits by the drink or package to receive a vintage distilled spirits license as a supplementary license; require vintage distilled spirits licensees to file a monthly report with the department giving details about sellers and purchase types, dates, and quantities; require all purchases to be in-person at the licensed premises; direct the licensee to conspicuously label the purchase as vintage distilled spirits; limit a licensee to 24 vintage distilled spirits packages purchased from each seller every 12 months; limit the seller to 24 packages total every 12 months; amend KRS 243.360 to give an applicant the option to advertise intent to apply for a license on the department's website or in another manner to be determined by the department and to exempt a vintage distilled spirits license applicant from the public notice advertising requirement; amend KRS 243.990 to establish penalties for vintage distilled spirits sellers who exceed the maximum package limit; amend KRS 211.285 to rename the "malt beverage education fund" as the "alcohol wellness and responsibility education fund"; add proceeds from Alcoholic Beverage Control Board distilled spirit auctions to the fund; issue moneys from the fund to the Alcohol Wellness and Responsibility Education Corporation; require the corporation's board of directors to include as voting members all duly elected statewide constitutional officers, the secretary of the Public Protection Cabinet, the ABC commissioner, and representatives of the malt beverage and distilled spirits industries; add the President of the Senate and the Speaker of the House as nonvoting members; authorize the corporation to accept grant applications from Kentucky high schools, colleges and universities, and other entities that promote alcohol responsibility; increase Project Graduation grants to $1,000 annually.
Index Headings of Original Version Distilled Spirits - Vintage distilled spirits license, reporting requirements
Education, Elementary and Secondary - Alcohol wellness and responsibility education fund, Project Graduation grants
General Assembly - Alcohol Wellness and Responsibility Education Corporation, legislator membership
Licensing - Alcoholic Beverage Control, vintage distilled spirits license
Sales - Vintage distilled spirits, authorized buyers and sellers
State Agencies - Alcoholic Beverage Control, vintage distilled spirits licenses
Universities and Colleges - Alcohol wellness and responsibility education fund, campus events
Notices - Alcohol license applications, publication methods
Alcoholic Beverages - Vintage distilled spirits license, Alcoholic Beverage Control
Appropriations - Alcohol wellness and responsibility education fund, financial sources
Corporations - Alcohol Wellness and Responsibility Education Corporation, purpose, board of directors
Substance Abuse - Prevention alcohol wellness and responsibility education fund
Corrections Impact - Alcoholic Beverage Control, vintage distilled spirits licenses
Local Mandate - Vintage distilled spirits license, reporting requirements
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Committee Substitute 2 with Fiscal Impact Statements
House Committee Amendment 1
House Floor Amendment 1
House Floor Amendment 2
Senate Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
01/31/24
  • introduced in House
  • to Committee on Committees (H)
02/05/24
  • to Licensing, Occupations, & Administrative Regulations (H)
02/07/24
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/08/24
  • 2nd reading, to Rules
02/13/24
  • recommitted to Licensing, Occupations, & Administrative Regulations (H)
02/21/24
  • reported favorably, to Rules with Committee Substitute (2) and Committee Amendment (1-title)
02/22/24
  • floor amendment (1) filed to Committee Substitute (2)
  • posted for passage in the Regular Orders of the Day for Friday, February 23, 2024
02/29/24
  • floor amendment (2) filed to Committee Substitute (2)
03/01/24
  • 3rd reading
  • floor amendment defeated Floor Amendment (1)
  • passed 67-24 with Committee Substitute (2), Floor Amendment (2) and Committee Amendment (1-title)
03/04/24
  • received in Senate
  • to Committee on Committees (S)
03/08/24
  • to Licensing & Occupations (S)
03/12/24
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/13/24
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, March 15, 2024
03/15/24
  • floor amendment adopted Committee Substitute (1)
  • 3rd reading, passed 31-5 with Committee Substitute (1)
03/21/24
  • received in House
  • to Rules (H)
03/25/24
  • posted for passage for concurrence in Senate Committee Substitute (1)
03/27/24
  • House concurred in Senate Committee Substitute (1)
  • passed 62-23
  • enrolled, signed by Speaker of the House
03/28/24
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/04/24
  • signed by Governor (Acts Ch. 46)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statements Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1
Summary Retain original provisions, except allow an alcohol license applicant to publish its intention to apply for a license either online or in print; make a seller who exceeds the annual package limit for vintage distilled spirits guilty of a Class D felony for the second or a subsequent offense; add a representative of the Kentucky Malt Beverage Council to the board of directors for the Alcohol Wellness and Responsibility Education Corporation; remove LRC appointment of industry members of the board.
Index Headings Distilled Spirits - Vintage distilled spirits, seller package limit, penalties
Legislative Research Commission - Alcohol Wellness and Responsibility Education Corporation, appointment power, removal
Licensing - Alcohol license applications, publication methods
Malt Beverages - Alcohol Wellness and Responsibility Education Corporation, industry members
Notices - Alcohol license applications, publication methods
Alcoholic Beverages - Vintage distilled spirits, seller package limit, penalties
Corporations - Alcohol Wellness and Responsibility Education Corporation, industry members
Corrections Impact - Vintage distilled spirits, seller packate limit, penalties
Local Mandate - Alcohol license applications, publication methods

Amendment House Committee Substitute 2
Fiscal Impact Statements Corrections Impact to House Committee Substitute 2
Local Mandate to House Committee Substitute 2
Summary Retain original provisions, except decrease the minimum number of passengers from 100 to 40 in the definition of "riverboat"; direct the board to only auction alcoholic beverages where a final order has been issued after all appeals are exhausted; amend KRS 241.066 to allow one quota retail package license for every 2,000 residents in any wet county or urban-county government with more than 100,000 residents; amend KRS 241.069 to permit a city, county, or urban-county government to petition for an increase in the number of quota retail package licenses; create new sections of KRS Chapter 242 and 243 to authorize a precinct local option election to allow the sale of alcoholic beverages at marinas; set petition and ballot language; establish marina definition and qualifications for a local option election and licensure; make marinas eligible for retail package and drink licenses; exempt marina licenses from quota totals for the territory; amend KRS 242.021 to prohibit a city, county, or urban-county government from seeking a quota retail package license increase until at least one year after the certification of the local option election; create a new section of KRS Chapter 243 to establish requirements for persons delivering alcoholic beverages on behalf of a retail package licensee; amend KRS 243.200 to remove vehicle requirement provisions from a transporter's license; allow an alcohol license applicant to publish its intention to apply for a license either online or in print; make a seller who exceeds the annual package limit for vintage distilled spirits guilty of a Class D felony for the second or a subsequent offense; create a new section of KRS Chapter 244 to establish procedures for department seizure of alcoholic beverages; require the department to provide notice of violations within 14 days from the date of the seizure; return the alcoholic beverages to the licensee if the department fails to provide notice; allow the licensee to request a KRS Chapter 13B hearing before the board to determine if the seizure was justified; enable the licensee to appeal the board's final order to the Circuit Court of the county where the seizure occurred; appoint a representative of the Kentucky Malt Beverage Council to the board of directors for the Alcohol Wellness and Responsibility Education Corporation; remove LRC appointment of industry members of the board; amend KRS 242.125 to conform; EMERGENCY.
Index Headings Distilled Spirits - Alcoholic beverages, omnibus bill, privileges and regulation
Effective Dates, Emergency - Alcoholic beverages, omnibus bill, privileges and regulation
Elections and Voting - Alcoholic beverages, marina sales, local option election
Legislative Research Commission - Alcohol Wellness and Responsibility Education Corporation, appointment power, removal
Licensing - Alcoholic beverages, omnibus bill, privileges and regulation
Local Government - Quota retail package licenses, increase
Malt Beverages - Alcoholic beverages, omnibus bill, privileges and regulation
Notices - Alcohol license applications, publication methods
Waterways and Dams - Alcoholic beverage sales, marinas, riverboats
Wines and Wineries - Alcoholic beverages, omnibus bill, privileges and regulation
Alcoholic Beverages - Omnibus bill, privileges and regulation
Boats and Boating - Alcoholic beverage sales, marinas, riverboats
Corporations - Alcohol Wellness and Responsibility Education Corporation, industry members
Corrections Impact - Alcoholic beverages, omnibus bill, privileges and regulation
Local Mandate - Alcoholic beverages, omnibus bill, privileges and regulation

Amendment House Committee Amendment 1
Sponsor M. Koch
Summary Make title amendment.
Index Headings Title Amendments - HB 439

Amendment House Floor Amendment 1
Sponsor R. Palumbo
Summary Prohibit any quota retail package license increase in a local government from exceeding a five percent growth in the number of quota retail package licenses within the local government; require a local government to wait at least two years after a quota retail package local option election before requesting an increase in the original number of quota retail package licenses.
Index Headings Alcoholic Beverages - Quota retail package licenses, quantity, local governments
Cities - Quota retail package licenses, quantity, increase
Counties - Quota retail package licenses, quantity, increase
Counties, Urban - Quota retail package licenses, quantity, increase
Distilled Spirits - Quota retail package licenses, quantity, local governments
Elections and Voting - Quota retail package licenses, local option election, subsequent increase
Licensing - Quota retail package licenses, quantity, local governments
Local Government - Quota retail package licenses, quantity, increase
Wines and Wineries - Quota retail package licenses, quantity, local governments

Amendment House Floor Amendment 2
Sponsor M. Koch
Summary Remove criminal penalties for violations by a vintage distilled spirits seller; fine a vintage distilled spirits seller $500 for the first offense, $2,500 for the second offense, and $5,000 for the third and each subsequent offense.
Index Headings Alcoholic Beverages - Vintage distilled spirits sellers, violations, fines
Crimes and Punishments - Vintage distilled spirits sellers, criminal offenses, removal
Distilled Spirits - Vintage distilled spirits sellers, violations, fines
Sales - Vintage distilled spirits sellers, violations, fines
State Agencies - Department of Alcoholic Beverage Control, vintage distilled spirits sellers, violations, fines

Amendment Senate Committee Substitute 1
Summary Retain original provisions, except delete all sections relating to local option elections for marina alcoholic beverage sales.
Index Headings Distilled Spirits - Marina alcoholic beverage sales, local option election, removal
Elections and Voting - Marina alcoholic beverage sales, local option election, removal
Malt Beverages - Marina alcoholic beverage sales, local option election, removal
Waterways and Dams - Marina alcoholic beverage sales, local option election, removal
Wines and Wineries - Marina alcoholic beverage sales, local option election, removal
Alcoholic Beverages - Marina alcoholic beverage sales, local option election, removal
Boats and Boating - Marina alcoholic beverage sales, local option election, removal

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