Kentucky 2023 Regular Session Status: Enacted

SB 28 — AN ACT relating to small farm wineries and declaring an emergency.

Last action — signed by Governor (Acts Ch. 15)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 03, 2023. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amend KRS 243.155 to allow a small farm winery to annually sell and deliver up to 30,000 gallons of wine to any retail license holder; require the small farm winery to register any of these products with the department unless they are already registered by a licensed wholesaler; direct the small farm winery to pay the wine wholesale tax and report self-distributed wines; exempt small farm winery wholesalers.

Bill Text

What changed in the latest version

145 added · 201 removed

145 line(s) added, 201 removed.

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Latest
UNOFFICIAL COPY 23 RS SB 28/EN AN ACT relating to small farm wineries and declaring an emergency.
CHAPTER 15 1 CHAPTER 15 ( SB 28 ) AN ACT relating to small farm wineries and declaring an emergency.
The resulting wine shall be considered the product of Page 1 of 7 SB002820.100 - 13 - XXXX 3/15/2023 3:45 PM Engrossed UNOFFICIAL COPY 23 RS SB 28/EN the small farm winery that provides the fruit.
The resulting wine shall be considered the product of the small farm winery that provides the fruit.
and (i) Sell and deliver, in accordance with KRS 243.120(1), up to twelve thousand Page 2 of 7 SB002820.100 - 13 - XXXX 3/15/2023 3:45 PM Engrossed UNOFFICIAL COPY 23 RS SB 28/EN (12,000) gallons of wine produced by it annually to any retail license holder as long as:
and (i) Sell and deliver, in accordance with KRS 243.120(1), up to twelve thousand (12,000) gallons of wine produced by it annually to any retail license holder as long as:
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
Page 3 of 7 SB002820.100 - 13 - XXXX 3/15/2023 3:45 PM Engrossed UNOFFICIAL COPY 23 RS SB 28/EN (5) This section shall not exempt the holder of a small farm winery license from the provisions of KRS Chapters 241 to 244, nor from the administrative regulations of the board, nor from regulation by the board at all premises licensed by the small farm winery, except as expressly stated in this section.
(5) This section shall not exempt the holder of a small farm winery license from the provisions of KRS Chapters to 244, nor from the administrative regulations of the board, nor from regulation by the board at all premises licensed by the small farm winery, except as expressly stated in this section.
Upon the granting of a federal operating permit for distilling purposes, the licensee of the premises Page 4 of 7 SB002820.100 - 13 - XXXX 3/15/2023 3:45 PM Engrossed UNOFFICIAL COPY 23 RS SB 28/EN previously licensed under this section shall obtain a license as set out in KRS 243.030(1).
Upon the granting of a federal operating permit for distilling purposes, the licensee of the premises previously licensed under this section shall obtain a license as set out in KRS 243.030(1).
(1) (a) For the privilege of making "wholesale sales" or "sales at wholesale" of beer, wine, or distilled spirits, a tax is hereby imposed upon all wholesalers of wine and distilled spirits, all distributors of beer, all direct shipper licensees shipping alcohol to a consumer at a Kentucky address, all distillers making sales pursuant to KRS 243.0305(3), (4)(a)1.
(1) (a) For the privilege of making "wholesale sales" or "sales at wholesale" of beer, wine, or distilled spirits, a tax is hereby imposed upon all wholesalers of wine and distilled spirits, all distributors of beer, all direct shipper licensees shipping alcohol to a consumer at a Kentucky address, all distillers making sales CHAPTER 15 3 pursuant to KRS 243.0305(3), (4)(a)1.
Page 5 of 7 SB002820.100 - 13 - XXXX 3/15/2023 3:45 PM Engrossed UNOFFICIAL COPY 23 RS SB 28/EN 1.
1.
(2) Wholesalers of distilled spirits and wine, distributors of malt beverages, microbreweries, distillers, and direct shipper licensees shall pay and report the tax levied by this section on or before the twentieth day of the calendar month next Page 6 of 7 SB002820.100 - 13 - XXXX 3/15/2023 3:45 PM Engrossed UNOFFICIAL COPY 23 RS SB 28/EN succeeding the month in which possession or title of the distilled spirits, wine, or malt beverages is transferred from the wholesaler or distributor to retailers, or by microbreweries, distillers, or direct shipper licensees to consumers in this state, in accordance with rules and regulations of the Department of Revenue designed reasonably to protect the revenues of the Commonwealth.
(2) Wholesalers of distilled spirits and wine, distributors of malt beverages, microbreweries, distillers, and direct shipper licensees shall pay and report the tax levied by this section on or before the twentieth day of the calendar month next succeeding the month in which possession or title of the distilled spirits, wine, or malt beverages is transferred from the wholesaler or distributor to retailers, or by microbreweries, distillers, or direct shipper licensees to consumers in this state, in accordance with rules and regulations of the Department of Revenue designed reasonably to protect the revenues of the Commonwealth.
Page 7 of 7 SB002820.100 - 13 - XXXX 3/15/2023 3:45 PM Engrossed
Signed by Governor March 17, 2023.
Legislative Research Commission PDF Version
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Action History

  1. signed by Governor (Acts Ch. 15)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. passed 34-0

  6. Senate concurred in Committee Substitute (1) and Floor Amendments (1) and (2-title)

  7. posted for passage for concurrence in Committee Substitute (1) and House Floor Amendments (1) and (2-title)

  8. to Rules (S)

  9. received in Senate

  10. 3rd reading, passed 83-7 with Committee Substitute (1), Floor Amendment (1) and Floor Amendment (2-title)

  11. posted for passage in the Regular Orders of the Day for Wednesday, March 08, 2023

  12. 2nd reading, to Rules

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

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

  15. to Licensing, Occupations, & Administrative Regulations (H)

  16. to Committee on Committees (H)

  17. received in House

  18. 3rd reading, passed 32-1 with Floor Amendment (1)

  19. posted for passage in the Regular Orders of the Day for Thursday, February 23, 2023

  20. floor amendment (1) filed

  21. 2nd reading, to Rules

  22. reported favorably, 1st reading, to Calendar

  23. to Licensing & Occupations (S)

  24. to Committee on Committees (S)

  25. introduced in Senate

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 138 not signed on · 8 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

FINAL PASSAGE SB 28 / hcs1 hfa1 hfta2

Passed 34 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 2000
Republican 20001
Unaffiliated 12002
Total 34003
% of votes cast 92%0%0%8%
How each member voted (37)
Member Party Vote
Nemes — Yea
Schickel — Yea
Smith — Yea
Westerfield — Yea
Southworth — Yea
ChambersArmstrong — Yea
Williams — Yea
Wilson — Yea
Meredith — Yea
Thayer — Yea
Yates — Yea
Thomas — Not Voting
Turner — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Not Voting
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 83 Yea · 7 Nay · 11 Other
Party YeaNayPresentNot Voting
Democrat 10103
Republican 53607
Unaffiliated 20001
Total 837011
% of votes cast 82%7%0%11%
How each member voted (101)
Member Party Vote
Nemes — Yea
Smith — Yea
Bentley — Yea
Justice — Yea
Palumbo — Yea
Swann — Yea
Bratcher K. — Yea
Bratcher S. — Yea
Pratt — Yea
Thomas — Yea
Timoney — Yea
Graham — Yea
Webber — Yea
Raymond — Yea
Williams — Yea
Heath — Yea
Wilson — Yea
Meredith — Yea
Dixon — Yea
COMMONWEALTH OF KENTUCKY SENATE — Not Voting
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Nay
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Not Voting
Lindsey Burke Democrat Not Voting
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Not Voting
Tina Bojanowski Democrat Yea
Aaron Reed Republican Nay
Adam Bowling Republican Not Voting
Amy Neighbors Republican Yea
Bill Wesley Republican Nay
Bobby McCool Republican Not Voting
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Nay
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Nay
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Not Voting
Josh Bray Republican Yea
Josh Calloway Republican Not Voting
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Not Voting
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Not Voting
Robert Duvall Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Nay
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Nay
William Lawrence Republican Yea

Official roll call →

PASS SB 28 W/ sfa1

Passed 32 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 1001
Unaffiliated 12001
Republican 19101
Total 32103
% of votes cast 89%3%0%8%
How each member voted (36)
Member Party Vote
Schickel — Yea
Smith — Yea
Westerfield — Yea
Southworth — Yea
Williams — Yea
Meredith — Yea
Thayer — Yea
Wilson — Yea
Nemes — Yea
Turner — Yea
Yates — Yea
Thomas — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Not Voting
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Not Voting
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Nay
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

taxation agriculture
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

Frequently asked questions

What does SB 28 do?
Amend KRS 243.155 to allow a small farm winery to annually sell and deliver up to 30,000 gallons of wine to any retail license holder; require the small farm winery to register any of these products with the department unless they are already registered by a licensed wholesaler; direct the small farm winery to pay the wine wholesale tax and report self-distributed wines; exempt small farm winery wholesalers.
What is the current status of SB 28?
This bill has been enacted into law. Introduced January 03, 2023. Enacted.
Where can I track SB 28?
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