Kentucky 2020 Regular Session Status: Enacted

SB 56 — AN ACT relating to the sale of tobacco, alternative nicotine, and vapor products and declaring an emergency.

Last action — signed by Governor (Acts ch. 35)

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  1. ✓
    Introduced
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    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 12, 2019. Enacted.

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    Passed 2 recorded votes so far.

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Bill Text

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766 line(s) added, 781 removed.

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UNOFFICIAL COPY 20 RS BR 967 AN ACT relating to the sale of tobacco, alternative nicotine, and vapor products.
UNOFFICIAL COPY 20 RS SB 56/GA AN ACT relating to the sale of tobacco, alternative nicotine, and vapor products and declaring an emergency.
(7) "Subjobber" means any person who purchases tobacco products, on which the Page 1 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 Kentucky cigarette tax has been paid, from a wholesaler licensed pursuant to KRS 138.195, and makes them available to a retail establishment for resale;
Page 1 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA (7) "Subjobber" means any person who purchases tobacco products, on which the Kentucky cigarette tax has been paid, from a wholesaler licensed pursuant to KRS 138.195, and makes them available to a retail establishment for resale;
"Tobacco product" also means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product, except for raw materials other than tobacco used in manufacturing any component, part, or accessory of a tobacco product, in accordance with the federal Tobacco Control Act, Pub.
L.
No.
111-31;
"Vapor product" includes but is not limited to any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and every variation thereof, regardless of whether marketed as such, and any vapor cartridge or other container of a liquid solution or other material that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device.
"Vapor product" includes but is not limited to any device deemed to be an electronic nicotine delivery system by the United States Food and Drug Administration, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and every variation thereof, regardless of whether marketed as such, and any vapor cartridge or other Page 2 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA container of a liquid solution or other material that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device.
(1) No person shall sell or cause to be sold any tobacco product, alternative nicotine product, or vapor product at retail to any person under the age of twenty-one Page 2 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 (21)[eighteen (18)], or solicit any person under the age of twenty-one (21)[eighteen (18)] to purchase any tobacco product, alternative nicotine product, or vapor product at retail.
(1) No person shall sell or cause to be sold any tobacco product, alternative nicotine product, or vapor product at retail to any person under the age of twenty-one (21)[eighteen (18)], or solicit any person under the age of twenty-one (21)[eighteen (18)] to purchase any tobacco product, alternative nicotine product, or vapor product at retail.
Section 3.
Page 3 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA Section 3.
It shall not be unlawful for such a person to accept receipt of a tobacco product, alternative nicotine product, or vapor product from an Page 3 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 employer when required in the performance of the person's duties.
It shall not be unlawful for such a person to accept receipt of a tobacco product, alternative nicotine product, or vapor product from an employer when required in the performance of the person's duties.
(2) Any person eighteen (18) years of age or older who violates subsection (1) of this section shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each violation[This offense shall be deemed a status offense and shall be under the jurisdiction of the juvenile session of the District Court].
(2) [This offense shall be deemed a status offense and shall be under the jurisdiction of the juvenile session of the District Court.
(3) All peace officers with general law enforcement authority and employees of the Department of Alcoholic Beverage Control may issue a uniform citation[, but not make an arrest or take a child into custody,] for a violation of this section.[ If a child fails to appear in court in response to a uniform citation issued pursuant to the section, the court may compel the attendance of the defendant in the manner specified by law.] Section 4.
(3) ]All peace officers with general law enforcement authority and employees of the Department of Alcoholic Beverage Control may confiscate the tobacco product, alternative nicotine product, or vapor product of a person under the age of twenty-one (21) who has violated[ issue a uniform citation, but not make an arrest or take a child into custody, for a violation of] this section.
Notwithstanding any provision of law to the contrary, no other penalty shall apply to a person under the age of twenty-one (21) for a violation of this section.[ If a child fails to appear in court in response to a uniform citation issued pursuant to the section, the court may compel the attendance of the defendant in the manner specified by law.] Section 4.
(2) Any person who distributes cigarettes, tobacco products, alternative nicotine products, or vapor products, including samples thereof, free of charge or otherwise shall require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective purchaser or recipient is under the age of twenty-one (21)[eighteen (18)].
(2) Any person who distributes cigarettes, tobacco products, alternative nicotine Page 4 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA products, or vapor products, including samples thereof, free of charge or otherwise shall require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective purchaser or recipient is under the age of twenty-one (21)[eighteen (18)].
The fine shall be administered by the Department of Alcoholic Beverage Control using a civil enforcement procedure for persons eighteen (18) years of age or older.[ For persons under the age of eighteen (18) years, the offense shall be deemed a status offense and shall be under the Page 4 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 jurisdiction of the juvenile session of the District Court.] (4) All peace officers with general law enforcement authority and employees of the Department of Alcoholic Beverage Control may issue a uniform citation[, but may not make an arrest, or take a child into custody,] for a violation of this section.[ If a child fails to appear in court in response to a uniform citation issued pursuant to this section, the court may compel the attendance of the defendant in the manner specified by law.] Section 5.
The fine shall be administered by the Department of Alcoholic Beverage Control using a civil enforcement procedure for persons eighteen (18) years of age or older.[ For persons under the age of eighteen (18) years, the offense shall be deemed a status offense and shall be under the jurisdiction of the juvenile session of the District Court.] (4) All peace officers with general law enforcement authority and employees of the Department of Alcoholic Beverage Control may issue a uniform citation, but may not make an arrest, or take a child into custody, for a violation of this section.[ If a child fails to appear in court in response to a uniform citation issued pursuant to this section, the court may compel the attendance of the defendant in the manner specified by law.] Section 5.
(3) Except for vending machines located in factories or vending machines located in bars or taverns to which minors are not permitted access, any vending machine from which tobacco products, alternative nicotine products, or vapor products are dispensed shall be located in the line of sight of the cashier for the retail establishment.
(3) Except for vending machines located in factories or vending machines located in bars or taverns to which minors are not permitted access, any vending machine from which tobacco products, alternative nicotine products, or vapor products are Page 5 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA dispensed shall be located in the line of sight of the cashier for the retail establishment.
The fine shall be administered by the Department of Alcoholic Beverage Control using a civil enforcement procedure for persons eighteen (18) years of age or older.[ For persons under the age of eighteen (18) years, the offense shall be deemed a status offense and shall be under the jurisdiction of the juvenile session of the District Court.] (5) All peace officers with general law enforcement authority and employees of the Page 5 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 Department of Alcoholic Beverage Control may issue a uniform citation[, but may not make an arrest, or take a child into custody,] for a violation of this section.[ If a child fails to appear in court in response to a uniform citation issued pursuant to this section, the court may compel the attendance of the defendant in the manner specified by law.] Section 6.
The fine shall be administered by the Department of Alcoholic Beverage Control using a civil enforcement procedure for persons eighteen (18) years of age or older.[ For persons under the age of eighteen (18) years, the offense shall be deemed a status offense and shall be under the jurisdiction of the juvenile session of the District Court.] (5) All peace officers with general law enforcement authority and employees of the Department of Alcoholic Beverage Control may issue a uniform citation, but may not make an arrest, or take a child into custody, for a violation of this section.[ If a child fails to appear in court in response to a uniform citation issued pursuant to this section, the court may compel the attendance of the defendant in the manner specified by law.] Section 6.
(2) Each owner of a retail establishment selling or distributing tobacco products, alternative nicotine products, or vapor products shall notify each individual employed in the retail establishment as a retail sales clerk that proof of age is required from a prospective buyer or recipient if the person has reason to believe that the prospective purchaser or recipient is under the age of twenty-one (21)[eighteen (18)].
(2) Each owner of a retail establishment selling or distributing tobacco products, alternative nicotine products, or vapor products shall notify each individual employed in the retail establishment as a retail sales clerk that proof of age is required from a prospective buyer or recipient if the person has reason to believe Page 6 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA that the prospective purchaser or recipient is under the age of twenty-one (21)[eighteen (18)].
"I understand that under the law of the Commonwealth of Kentucky it is illegal to sell or distribute tobacco products, alternative nicotine products, or vapor products to persons under the age of twenty-one (21)[eighteen (18)] years and that it is illegal Page 6 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 for persons under the age of twenty-one (21)[eighteen (18)] years to purchase tobacco products, alternative nicotine products, or vapor products." (4) The owner of the retail establishment shall maintain the signed notice that is required pursuant to subsection (3) of this section in a place and in a manner so as to be easily accessible to any employee of the Department of Alcoholic Beverage Control or the Department of Agriculture conducting an inspection of the retail establishment for the purpose of monitoring compliance in limiting the sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under the age of twenty-one (21)[eighteen (18)] as provided in KRS 438.305 to 438.340.
"I understand that under the law of the Commonwealth of Kentucky it is illegal to sell or distribute tobacco products, alternative nicotine products, or vapor products to persons under the age of twenty-one (21)[eighteen (18)] years and that it is illegal for persons under the age of twenty-one (21)[eighteen (18)] years to purchase tobacco products, alternative nicotine products, or vapor products." (4) The owner of the retail establishment shall maintain the signed notice that is required pursuant to subsection (3) of this section in a place and in a manner so as to be easily accessible to any employee of the Department of Alcoholic Beverage Control or the Department of Agriculture conducting an inspection of the retail establishment for the purpose of monitoring compliance in limiting the sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under the age of twenty-one (21)[eighteen (18)] as provided in KRS 438.305 to 438.340.
(1) The Department of Alcoholic Beverage Control and the Department of Agriculture shall carry out annually conducted random, unannounced inspections of retail establishments where tobacco products, alternative nicotine products, or vapor products are sold or distributed for the purpose of enforcing the provisions of KRS 438.305 to 438.340.
(1) The Department of Alcoholic Beverage Control and the Department of Agriculture shall carry out annually conducted random, unannounced inspections of retail Page 7 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA establishments where tobacco products, alternative nicotine products, or vapor products are sold or distributed for the purpose of enforcing the provisions of KRS 438.305 to 438.340.
Persons under the age of twenty-one (21)[eighteen (18)] years may be used to test compliance with Page 7 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 the provisions of KRS 438.305 to 438.340 only if the testing is conducted under the direct supervision of the Department of Alcoholic Beverage Control, sheriff, or chief of police, or their employees, and written parental consent has been obtained.
Persons under the age of twenty-one (21)[eighteen (18)] years may be used to test compliance with the provisions of KRS 438.305 to 438.340 only if the testing is conducted under the direct supervision of the Department of Alcoholic Beverage Control, sheriff, or chief of police, or their employees, and written parental consent has been obtained.
KRS 438.337 is amended to read as follows:
(1) [Except for violations of the provisions of KRS 438.311, 438.313, and 438.315 by a juvenile, which shall be under the jurisdiction of the juvenile session of the District Court, ]The Department of Alcoholic Beverage Control shall carry out the enforcement provisions of KRS 438.305 to 438.340.
(2) The Department of Alcoholic Beverage Control shall be entitled to the revenue produced by one-twentieth of one cent ($0.0005) of the three-cent ($0.03) per pack Page 8 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA revenue collected by the Finance and Administration Cabinet from the state excise tax on the sale of cigarettes as imposed by KRS 138.140 to be deposited in a trust and agency account created in the State Treasury, and to keep fifty percent (50%) of any fines collected under KRS 438.305 to 438.340 to offset the costs of enforcement of KRS 438.305 to 438.340.
(3) The Department of Alcoholic Beverage Control shall be responsible for maintaining statistics for compilation of required reports to be submitted to the United States Department of Health and Human Services.
(4) The Department of Alcoholic Beverage Control shall devise a plan and time frame for enforcement to determine by random inspection if the percentage of retailers or distributors making illegal sales to persons under the age of twenty-one (21)[minors] does or does not exceed federal guidelines preventing tobacco sales to persons under the age of twenty-one (21)[minors].
Section 9.
Section 9.
Section 10.
(1) "Abused or neglected child" means a child whose health or welfare is harmed or threatened with harm when:
(1) "Abused or neglected child" means a child whose health or welfare is harmed or Page 9 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA threatened with harm when:
(a) His or her parent, guardian, person in a position of authority or special trust, as defined in KRS 532.045, or other person exercising custodial control or Page 8 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 supervision of the child:
(a) His or her parent, guardian, person in a position of authority or special trust, as defined in KRS 532.045, or other person exercising custodial control or supervision of the child:
or 9.
or Page 10 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA 9.
Fails to make sufficient progress toward identified goals as set forth in the court-approved case plan to allow for the safe return of the child to the parent that results in the child remaining committed to the cabinet Page 9 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 and remaining in foster care for fifteen (15) cumulative months out of forty-eight (48) months;
Fails to make sufficient progress toward identified goals as set forth in the court-approved case plan to allow for the safe return of the child to the parent that results in the child remaining committed to the cabinet and remaining in foster care for fifteen (15) cumulative months out of forty-eight (48) months;
(4) "Beyond the control of parents" means a child who has repeatedly failed to follow the reasonable directives of his or her parents, legal guardian, or person exercising custodial control or supervision other than a state agency, which behavior results in danger to the child or others, and which behavior does not constitute behavior that would warrant the filing of a petition under KRS Chapter 645;
(4) "Beyond the control of parents" means a child who has repeatedly failed to follow the reasonable directives of his or her parents, legal guardian, or person exercising custodial control or supervision other than a state agency, which behavior results in danger to the child or others, and which behavior does not constitute behavior that Page 11 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA would warrant the filing of a petition under KRS Chapter 645;
(5) "Beyond the control of school" means any child who has been found by the court to have repeatedly violated the lawful regulations for the government of the school as Page 10 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 provided in KRS 158.150, and as documented in writing by the school as a part of the school's petition or as an attachment to the school's petition.
(5) "Beyond the control of school" means any child who has been found by the court to have repeatedly violated the lawful regulations for the government of the school as provided in KRS 158.150, and as documented in writing by the school as a part of the school's petition or as an attachment to the school's petition.
(12) "Clinical treatment facility" means a facility with more than eight (8) beds designated by the Department of Juvenile Justice or the cabinet for the treatment of mentally ill children.
(12) "Clinical treatment facility" means a facility with more than eight (8) beds Page 12 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA designated by the Department of Juvenile Justice or the cabinet for the treatment of mentally ill children.
Page 11 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 (13) "Commitment" means an order of the court which places a child under the custodial control or supervision of the Cabinet for Health and Family Services, Department of Juvenile Justice, or another facility or agency until the child attains the age of eighteen (18) unless otherwise provided by law;
(13) "Commitment" means an order of the court which places a child under the custodial control or supervision of the Cabinet for Health and Family Services, Department of Juvenile Justice, or another facility or agency until the child attains the age of eighteen (18) unless otherwise provided by law;
(21) "Detention" means the safe and temporary custody of a juvenile who is accused of conduct subject to the jurisdiction of the court who requires a restricted or closely supervised environment for his or her own or the community's protection;
Page 13 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA (21) "Detention" means the safe and temporary custody of a juvenile who is accused of conduct subject to the jurisdiction of the court who requires a restricted or closely supervised environment for his or her own or the community's protection;
Page 12 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 (22) "Detention hearing" means a hearing held by a judge or trial commissioner within twenty-four (24) hours, exclusive of weekends and holidays, of the start of any period of detention prior to adjudication;
(22) "Detention hearing" means a hearing held by a judge or trial commissioner within twenty-four (24) hours, exclusive of weekends and holidays, of the start of any period of detention prior to adjudication;
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage to a child, but who has an emotionally significant relationship with the child;
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage Page 14 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA to a child, but who has an emotionally significant relationship with the child;
(30) "Foster family home" means a private home in which children are placed for foster Page 13 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 family care under supervision of the cabinet or a licensed child-placing agency;
(30) "Foster family home" means a private home in which children are placed for foster family care under supervision of the cabinet or a licensed child-placing agency;
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(36) "Informal adjustment" means an agreement reached among the parties, with consultation, but not the consent, of the victim of the crime or other persons specified in KRS 610.070 if the victim chooses not to or is unable to participate, after a petition has been filed, which is approved by the court, that the best interest Page 14 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 of the child would be served without formal adjudication and disposition;
(36) "Informal adjustment" means an agreement reached among the parties, with Page 15 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA consultation, but not the consent, of the victim of the crime or other persons specified in KRS 610.070 if the victim chooses not to or is unable to participate, after a petition has been filed, which is approved by the court, that the best interest of the child would be served without formal adjudication and disposition;
Children before the court in a county that is served by a state operated secure detention facility, who are in the detention custody of the Department of Juvenile Justice, and who are placed in a nonsecure alternative by the Department of Juvenile Justice, shall be supervised by the Department of Juvenile Justice;
Children before the court in a county that is served by a state operated secure Page 16 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA detention facility, who are in the detention custody of the Department of Juvenile Justice, and who are placed in a nonsecure alternative by the Department of Juvenile Justice, shall be supervised by the Department of Juvenile Justice;
Page 15 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 (45) "Out-of-home placement" means a placement other than in the home of a parent, relative, or guardian, in a boarding home, clinical treatment facility, community- based facility, detention facility, emergency shelter, fictive kin home, foster family home, hospital, nonsecure facility, physically secure facility, residential treatment facility, or youth alternative center;
(45) "Out-of-home placement" means a placement other than in the home of a parent, relative, or guardian, in a boarding home, clinical treatment facility, community- based facility, detention facility, emergency shelter, fictive kin home, foster family home, hospital, nonsecure facility, physically secure facility, residential treatment facility, or youth alternative center;
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in the practice of official duties, and who is certified or eligible to Page 16 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 apply for certification by the American Board of Psychiatry and Neurology, Inc.;
Page 17 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA (b) A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in the practice of official duties, and who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc.;
(f) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth, a psychiatric unit of a general hospital, or a regional comprehensive care center;
(f) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth, a psychiatric unit Page 18 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA of a general hospital, or a regional comprehensive care center;
(g) A professional counselor credentialed under the provisions of KRS 335.500 to 335.599 with three (3) years of inpatient or outpatient clinical experience in Page 17 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general hospital, or a regional comprehensive care center;
(g) A professional counselor credentialed under the provisions of KRS 335.500 to 335.599 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general hospital, or a regional comprehensive care center;
or 4.
or Page 19 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA 4.
Page 18 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 a.
a.
(59) "Secure juvenile detention facility" means any physically secure facility used for the secure detention of children other than any facility in which adult prisoners are confined;
(59) "Secure juvenile detention facility" means any physically secure facility used for the Page 20 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA secure detention of children other than any facility in which adult prisoners are confined;
(60) "Serious physical injury" means physical injury which creates a substantial risk of Page 19 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 death or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily member or organ;
(60) "Serious physical injury" means physical injury which creates a substantial risk of death or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily member or organ;
(64) "Staff secure facility for residential treatment" means any setting which assures that all entrances and exits are under the exclusive control of the facility staff, and in which a child may reside for the purpose of receiving treatment;
(64) "Staff secure facility for residential treatment" means any setting which assures that Page 21 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA all entrances and exits are under the exclusive control of the facility staff, and in which a child may reside for the purpose of receiving treatment;
(65) (a) "Status offense action" is any action brought in the interest of a child who is Page 20 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 accused of committing acts, which if committed by an adult, would not be a crime.
(65) (a) "Status offense action" is any action brought in the interest of a child who is accused of committing acts, which if committed by an adult, would not be a crime.
(b) Whose future conduct was regulated by the order;
Page 22 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA (b) Whose future conduct was regulated by the order;
(c) Who was given written and verbal warning of the consequences of the violation of the order at the time the order was issued and whose attorney or Page 21 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 parent or legal guardian was also provided with a written notice of the consequences of violation of the order, which notification is reflected in the record of the court proceedings;
(c) Who was given written and verbal warning of the consequences of the violation of the order at the time the order was issued and whose attorney or parent or legal guardian was also provided with a written notice of the consequences of violation of the order, which notification is reflected in the record of the court proceedings;
Section 10.
Section 11.
A child taken into custody upon the allegation that he or she has committed a motor vehicle offense who is not released under conditions of release applicable to adults shall be held, pending his or her appearance before the District Court, in a facility as defined in KRS 15A.067.
A child taken into custody upon the Page 23 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA allegation that he or she has committed a motor vehicle offense who is not released under conditions of release applicable to adults shall be held, pending his or her appearance before the District Court, in a facility as defined in KRS 15A.067.
Page 22 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 Children sixteen (16) years of age or older who are convicted of, or plead guilty to, a motor vehicle offense shall, if sentenced to a term of confinement, be placed in a facility for that period of confinement preceding their eighteenth birthday and an adult detention facility for that period of confinement subsequent to their eighteenth birthday.
Children sixteen (16) years of age or older who are convicted of, or plead guilty to, a motor vehicle offense shall, if sentenced to a term of confinement, be placed in a facility for that period of confinement preceding their eighteenth birthday and an adult detention facility for that period of confinement subsequent to their eighteenth birthday.
(5) Actions brought under subsection (2)(d) of this section shall be considered to be nonoffender actions.
Page 24 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA (5) Actions brought under subsection (2)(d) of this section shall be considered to be nonoffender actions.
(6) Actions brought under subsection (2)(f)[(2)(g)] of this section shall be considered to Page 23 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 be mental health actions.
(6) Actions brought under subsection (2)(f)[(2)(g)] of this section shall be considered to be mental health actions.
Whichever court first acquires jurisdiction of such child may proceed to final disposition of the case, or in its discretion may make an order transferring the case to the court of the county of the child's residence or the county wherein the offense Page 24 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 was committed, as the case may be.
Page 25 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA Whichever court first acquires jurisdiction of such child may proceed to final disposition of the case, or in its discretion may make an order transferring the case to the court of the county of the child's residence or the county wherein the offense was committed, as the case may be.
Section 11.
Section 12.
(1) Has been an habitual runaway from his parent or person exercising custodial control or supervision of the child;
(1) Has been an habitual runaway from his parent or person exercising custodial control Page 26 of 27 SB005610.100 - 967 - XXXX GA UNOFFICIAL COPY 20 RS SB 56/GA or supervision of the child;
Page 25 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 (3) Has been an habitual truant from school;
(3) Has been an habitual truant from school;
Section 12.
KRS 630.120 is amended to read as follows:
(1) All dispositional hearings conducted under this chapter shall be conducted in accordance with the provisions of KRS 610.060 and 610.070.
In addition, the court shall, at the time the dispositional order is issued:
(a) Give the child adequate and fair written warning of the consequences of the violation of the order;
and (b) Provide the child and the child's attorney, and parent, or legal guardian a written statement setting forth the conditions of the order and the consequences for violating the order.
An order issued pursuant to this section is a valid court order and any child violating that order may be subject to the provisions of KRS 630.080(4).
(2) The court shall consider all appropriate local remedies to aid the child and the child's family subject to the following conditions:
(a) Residential and nonresidential treatment programs for status offenders shall be community-based and nonsecure;
and (b) With the approval of the education agency, the court may place the child in a nonsecure public or private education agency accredited by the Department of Education.
(3) At the disposition of a child adjudicated on a petition brought pursuant to this chapter, all information helpful in making a proper disposition, including oral and written reports, shall be received by the court provided that the child, the child's parents, their counsel, the prosecuting attorney, the child's counsel, or other interested parties as determined by the judge shall be afforded an opportunity to examine and controvert the reports.
For good cause, the court may allow the Page 26 of 27 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 967 admission of hearsay evidence.
(4) The court shall affirmatively determine that all appropriate remedies have been considered and exhausted to assure that the least restrictive alternative method of treatment is utilized.
(5) The court may order the child and the child's family to participate in any programs which are necessary to effectuate a change in the child and the family.
(6) When all appropriate resources have been reviewed and considered insufficient to adequately address the needs of the child and the child's family, the court may, except as provided in subsection (7) of this section, commit the child to the cabinet for such services as may be necessary.
The cabinet shall consider all appropriate local remedies to aid the child and the child's family subject to the following conditions:
(a) Treatment programs for status offenders shall be, unless excepted by federal law, community-based and nonsecure;
(b) The cabinet may place the child in a nonsecure public or private education agency accredited by the department of education;
(c) The cabinet may initiate proceedings pursuant to KRS 610.160 when the parents fail to participate in the cabinet's treatment programs;
and (d) The cabinet may discharge the child from commitment after providing ten (10) days' prior written notice to the committing court which may object to such discharge by holding court review of the commitment under KRS 610.120.
(7) No child adjudicated guilty of an alcohol offense under KRS 244.085[ or a tobacco offense under KRS 438.305 to 438.340] shall be committed as a result of that adjudication.
This Act takes effect on January 1, 2021.
Whereas it is critical to bring the Commonwealth's purchase age requirements for tobacco, alternative nicotine, and vapor products into conformance with recently enacted federal purchase age requirements, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming law.
Page 27 of 27 XXXX Jacketed
Page 27 of 27 SB005610.100 - 967 - XXXX GA
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Action History

  1. signed by Governor (Acts ch. 35)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. received in Senate

  6. 3rd reading, passed 64-20

  7. posted for passage in the Consent Orders of the Day for Thursday, March 19, 2020

  8. returned to Rules

  9. posted for passage in the Regular Orders of the Day for Friday, March 6, 2020

  10. 2nd reading, to Rules

  11. reported favorably, 1st reading, to Calendar

  12. posted in committee

  13. to Judiciary (H)

  14. received in House

  15. 3rd reading, passed 28-10 with Committee Substitute (1) and floor amendments (1) and (2-title)

  16. posted for passage in the Regular Orders of the Day for Thursday, January 23, 2020

  17. floor amendment (1) filed to Committee Substitute, floor amendment (2-title) filed

  18. 2nd reading, to Rules

  19. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  20. to Health & Welfare (S)

  21. introduced in Senate

  22. Prefiled by the sponsor(s).

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on · 12 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FOR CONSENT

Passed 64 Yea · 20 Nay · 16 Other
Party YeaNayPresentNot Voting
Republican 23701
Unaffiliated 3513014
Democrat 6001
Total 6420016
% of votes cast 64%20%0%16%
How each member voted (100)
Member Party Vote
Jenkins — Yea
Sheldon — Yea
Bentley — Yea
Nemes — Yea
Sorolis — Yea
Glenn — Yea
Booker — Yea
Graham — Yea
Koenig — Yea
Stone — Yea
Graviss — Yea
Pratt — Yea
Lewis S — Yea
Prunty — Yea
Brenda — Yea
Harris — Yea
Thomas — Yea
Massey — Yea
Cantrell — Yea
Hatton — Yea
McCoy — Yea
Rothenburger — Yea
Heath — Yea
Rowland — Yea
Wheatley — Yea
DuPlessis — Yea
Meyer — Yea
Wiederstein — Yea
Hinkle — Yea
Santoro — Yea
Fischer — Yea
Huff T — Yea
Minter — Yea
Scott — Yea
Bechler — Nay
Frazier — Nay
Howard — Nay
Schamore — Nay
Meredith — Nay
Webber — Nay
Branham Clark — Nay
Goforth — Nay
Lee — Nay
Brown G — Nay
Lewis D — Nay
Yates — Nay
Burch — Not Voting
Flood — Not Voting
Meeks — Not Voting
Rand — Not Voting
Stewart — Not Voting
Carney — Not Voting
Hoover — Not Voting
Raymond — Not Voting
Turner — Not Voting
Donohue — Not Voting
Palumbo — Not Voting
Sims — Not Voting
Westrom — Not Voting
Huff R — Nay
Miller C — Not Voting
Miller J — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Nay
Adam Bowling Republican Yea
Bobby McCool Republican Nay
Chris Freeland Republican Yea
Chris Fugate Republican Nay
Daniel Elliott Republican Not Voting
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Nay
John Blanton Republican Nay
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Richard White Republican Nay
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Nay
T.J. Roberts Republican Yea

Official roll call →

Passed 28 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17600
Republican 10400
Democrat 1000
Total 281000
% of votes cast 74%26%0%0%
How each member voted (38)
Member Party Vote
Alvarado — Yea
McGarvey — Yea
Buford — Yea
Meredith — Yea
Harris — Yea
Thomas — Yea
Carroll D — Yea
Nemes — Yea
Turner — Yea
Hornback — Yea
Parrett — Yea
Westerfield — Yea
Embry — Yea
Kerr — Yea
Robinson — Yea
Castlen — Nay
Thayer — Nay
Clark — Nay
Schickel — Nay
Humphries — Nay
Schroder — Nay
Harper Angel — Yea
Miller J — Yea
Gerald A. Neal Democrat Yea
Brandon Smith Republican Yea
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Nay
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Nay
Robert Stivers Republican Yea
Robin L. Webb Republican Nay
Stephen West Republican Nay

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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