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Senate Bill 245

Actions | Amendments

Last Action	04/10/26: signed by Governor (Acts Ch. 70)
Title	AN ACT relating to tobacco, nicotine, or vapor product licensure and declaring an emergency.
Bill Documents	Current/Final Introduced
Bill Request Number	1780
Sponsors	R. Webb, J. Higdon
Summary of Original Version	Create a new section of KRS 438.305 to 438.350 to establish application form requirements for a tobacco, nicotine, or vapor product license; prohibit the Department of Alcoholic Beverage Control from establishing any additional licensure requirements beyond those prescribed in statute; require the department to publish and maintain on its website the components required for a tobacco, nicotine, or vapor product license; amend various sections of KRS 438.305 to 438.350 to require the Secretary of State to notify retailers that a tobacco, nicotine, or vapor product license is required to sell authorized nicotine vapor products; establish application requirements for a tobacco, nicotine, or vapor product license; require the department to publish the application form on its website within 30 days of the effective date of this Act; require the licensing fee to be refunded to the applicant if a license is not issued; require a licensure renewal form and a licensing fee to be remitted to the department upon the renewal of a tobacco, nicotine, or vapor product license; define "batch license"; allow a retailer with a license issued by the department under KRS Chapter 243 to renew a tobacco, nicotine, or vapor product license on the date of its next renewal; allow an applicant or licensee to batch license using a singular application or renewal form; allow a licensee to batch license on the date of its next alcohol licensure renewal or 1 year from the date of issuance of its tobacco, nicotine, or vapor product license; require an applicant or licensee who chooses to batch license to multiply the licensure fee by the number of locations to be licensed or premises to be renewed; require the department to establish a singular application and renewal form for a batch license; allow the department to require a supplemental form for batch licensing if an alcohol license requires further information; grant a grace period to applicants for any error identified in an application by the department; establish requirements for a change of ownership; establish grounds for denial of an application; require the department to promulgate administrative regulations relating to tobacco, nicotine, and vapor licensing within 30 days of the effective date of this Act; repeal KRS 438.3065, which establishes transitional licensing; prohibit this Act from delaying enforcement; require any retailer selling tobacco, nicotine, or vapor products in Kentucky that does not currently hold a license to remit the initial application form and licensing fee within 60 days of the effective date of this Act; credit a licensee's 2025 licensing fee to the licensee's upcoming licensing fee payment for 2026; RETROACTIVE, in part, to January 1, 2026; EMERGENCY.
Index Headings of Original Version	Alcoholic Beverages - Department of Alcoholic Beverage Control, batch license, tobacco, vapor products Boards And Commissions - Department of Alcoholic Beverage Control, batch license, alcohol, tobacco, vapor products Effective Dates, Emergency - Tobacco, vapor products Licensing - Tobacco, nicotine, or vapor products license, requirements Occupations And Professions - Retailers, licensing requirements, tobacco, vapor products Public Safety - Tobacco, vapor products, sales Retroactive Legislation - Tobacco, vapor products, January 1, 2026 Secretary Of State - Tobacco, nicotine, or vapor products license, notification, authorized nicotine vapor product State Agencies - Department of Alcoholic Beverage Control, batch license, alcohol, tobacco, vapor products Tobacco - Nicotine, vapor products, sales, licensing Vaping - Retailers, licensing requirements, tobacco, vapor products
Jump to Proposed Amendments	Senate Floor Amendment 1 House Committee Substitute 1 House Floor Amendment 1 Conference Committee Report 1 Free Conference Committee Report 1
Votes	Vote History

Actions

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02/25/26	introduced in Senate to Committee on Committees (S)
02/27/26	to Licensing & Occupations (S)
03/03/26	reported favorably, 1st reading, to Calendar
03/04/26	2nd reading, to Rules posted for passage in the Regular Orders of the Day for Thursday, March 05 2026
03/05/26	passed over and retained in the Orders of the Day floor amendment (1) filed
03/06/26	3rd reading floor amendment (1) withdrawn passed 36-0
03/10/26	received in House to Committee on Committees (H)
03/11/26	to Licensing, Occupations, & Administrative Regulations (H)
03/16/26	taken from Licensing, Occupations, & Administrative Regulations (H) 1st reading returned to Licensing, Occupations, & Administrative Regulations (H)
03/17/26	taken from Licensing, Occupations, & Administrative Regulations (H) 2nd reading returned to Licensing, Occupations, & Administrative Regulations (H)
03/18/26	reported favorably, to Rules with Committee Substitute (1) floor amendment (1) filed to Committee Substitute
03/19/26	posted for passage in the Regular Orders of the Day for Friday, March 20 2026
03/20/26	3rd reading, passed 85-0 with Floor Amendment (1) and Committee Substitute (1)
03/24/26	received in Senate to Rules (S) taken from Rules posted for passage for concurrence in House Committee Substitute (1) and Floor Amendment (1) passed over and retained for concurrence in House Committee Substitute (1) and Floor Amendment (1)
03/25/26	passed over and retained for concurrence in House Committee Substitute (1) and House Floor Amendment (1)
03/26/26	Senate refused to concur in House Committee Substitute (1) and Floor Amendment (1) received in House to Rules (H) taken from Rules posted for passage for receding from House Committee Substitute (1) and Floor Amendment (1) House refused to recede from Committee Substitute (1) and Floor Amendment (1) Conference and Free Conference Committees appointed in House and Senate
03/27/26	Conference Committee report filed in House and Senate Conference Committee report adopted in House Free Conference Committee report filed in House posted for passage for consideration Free Conference Committee Report in House Free Conference Committee report adopted in House passed 78-0 received in Senate to Rules (S) taken from Rules posted for passage for consideration of Free Conference Committee Report Free Conference Committee report adopted in Senate passed 35-1
03/31/26	enrolled, signed by President of the Senate enrolled, signed by Speaker of the House delivered to Governor
04/10/26	signed by Governor (Acts Ch. 70)

Proposed Amendments

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Amendment	Senate Floor Amendment 1
Sponsor	A. Reed
Summary	Amend KRS 438.305 to change the date in the defintion of "authorized nicotine vapor product" from September 9, 2020 to May 14, 2022.
Index Headings	Tobacco - Authorized nicotine vapor product, authorization Vaping - Authorized nicotine vapor product, authorization

Amendment	House Committee Substitute 1
Summary	Retain original provisions, except create a new section of KRS 438.305 to 438.350 to define "premium cigar" and "pipe tobacco"; require a retailer to verify that a recipient of a shipment or delivery of tobacco products, alternative nicotine products, or vapor products is at least 21 years old; require visual examination or use of age verification technology to verify the recipient's identity at delivery; prohibit the inclusion of premium cigars or pipe tobacco in the term "tobacco products" for purposes of KRS 438.350; establish penalties for a retailer or common or private carrier in violation; establish penalties for a consumer who intentionally causes an unlawful delivery; require products to be returned to the retailer if the common or private carrier cannot complete delivery; make conforming changes.
Index Headings	Boards And Commissions - Department of Alcoholic Beverage Control, tobacco, vapor products Children And Minors - Tobacco, alternative nicotine products, vapor products, age verification, fines Consumer Protection - Tobacco, alternative nicotine products, vapor products, age verification, fines Occupations And Professions - Retailers, licensing requirements, tobacco, vapor products Public Safety - Tobacco, alternative nicotine products, vapor products, delivery State Agencies - Department of Alcoholic Beverage Control, tobacco, vapor products Tobacco - Delivery, age verification, fines Trade Practices And Retailing - Tobacco, alternative nicotine products, vapor products, age verification, fines Vaping - Delivery, age verification, fines

Amendment	House Floor Amendment 1
Sponsor	M. Koch
Summary	Create a new section of KRS 438.305 to 438.350 to establish the application requirements for a temporary tobacco, nicotine, or vapor product retail license; make the temporary license effective for 30 days for use at fairs, festivals, and other similar events; require the department to approve or deny a temporary license application within 14 business days; integrate the temporary license into licensing, fee, and other requirements; include the applicant's telephone number and email address in a regular tobacco, nicotine, or vapor product retail license application; protect previously issued licenses from the initial deadlines for new licenses.
Index Headings	Drugs And Medicines - Tobacco, nicotine, and vapor products, retail sales, temporary license Fees - Tobacco, nicotine, and vapor products, retail sales, temporary license Licensing - Tobacco, nicotine, and vapor products, retail sales, temporary license Sales - Tobacco, nicotine, and vapor products, retail sales, temporary license State Agencies - Department of Alcoholic Beverage Control, tobacco, nicotine, and vapor products, temporary license Tobacco - Retail sales, temporary license Trade Practices And Retailing - Tobacco, nicotine, and vapor products, retail sales, temporary license Vaping - Retail sales, temporary license

Amendment	Conference Committee Report 1
Summary	Cannot agree.
Index Headings	Conference Committee Reports - SB 245

Amendment	Free Conference Committee Report 1
Summary	Retain the provisions of SB 245/HCS 1; add HFA 1 to SB 245/HCS 1; exclude premium cigars and pipe tobacco from the definition of tobacco products; prohibit any person under 21 from ordering, purchasing, receiving, or using tobacco products.
Index Headings	Children And Minors - Tobacco, nicotine, and vapor products, persons under 21, sales, access Drugs And Medicines - Tobacco, nicotine, and vapor products, sales, access Licensing - Tobacco, nicotine, and vapor products, retail sales, temporary and regular licenses Sales - Tobacco, nicotine, and vapor products, sales, access Tobacco - Tobacco, nicotine, and vapor products, sales, access Trade Practices And Retailing - Tobacco, nicotine, and vapor products, sales, access Vaping - Tobacco, nicotine, and vapor products, sales, access

Last updated: 4/17/2026 8:44 PM (EDT)