Kentucky 2024 Regular Session Status: Passed Senate 2 R cosponsors

SB 344 — AN ACT relating to vapor products and making an appropriation therefor.

Last action — to Committee on Committees (H)

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

This bill died with 2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Create new sections of KRS Chapter 438 to define terms; establish the creation and enforcement provisions of a vapor product and vapor product manufacturer list; create a restricted fund from the funds collected in for enforcement of the vapor product and vapor product manufacturing list; establish fees and penalties.

Bill Text

What changed in the latest version

334 added · 318 removed

334 line(s) added, 318 removed.

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UNOFFICIAL COPY 24 RS BR 2084 AN ACT relating to vapor products and making an appropriation therefor.
UNOFFICIAL COPY 24 RS SB 344/GA AN ACT relating to vapor products and making an appropriation therefor.
(1) As used in Sections 1 and 2 of this Act:
(1) As used in Sections 1 to 3 of this Act:
(b) "Distributor" has the same meaning as in KRS 138.130;
(b) "Distributor" means any person within this state in possession of vapor products for resale within this state;
(d) "Manufacturer" has the same meaning as in KRS 138.130;
(d) "Manufacturer" means any person who manufactures or produces vapor products within or without this state;
(e) "Premarket tobacco product application" means an application that was:
(e) "Person" means the same as in KRS 139.010;
(f) "Premarket tobacco product application" means an application that was:
Timely-filed pursuant to 21 U.S.C.
Timely filed pursuant to 21 U.S.C.
(f) "Retailer" means any person who sells vapor products to consumers for any purpose other than resale;
(g) "Retailer" means any person who sells vapor products to consumers for any purpose other than resale;
and (g) "Third party" means an importer, distributor, wholesaler, retailer, or similar intermediary or intermediaries;
(h) "Sub-jobber" means any person who purchases vapor products from a resident wholesaler, nonresident wholesaler, or unclassified acquirer licensed under KRS 138.195 and makes them available to retailers for resale.
(2) On or after January 1, 2025, sales of any vapor products shall be unlawful if the vapor products or vapor product manufacturers are not listed in the directory created in this section.
No person shall make vapor products available to retailers for resale unless the person certifies and establishes to the satisfaction of the department that firm arrangements have been made to regularly supply at least five (5) retail locations with vapor products for resale in the regular Page 1 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA UNOFFICIAL COPY 24 RS SB 344/GA course of business;
and (i) "Third party" means a sub-jobber, distributor, wholesaler, retailer, online retailer, or similar intermediary or intermediaries;
(2) On or after January 1, 2025, sales of any vapor products shall be unlawful if the vapor products or vapor product manufacturers are not listed in the directory created in subsection (7) of this section.
Page 1 of 11 BR208400.100 - 2084 - XXXX 3/21/2024 4:46 PM Jacketed UNOFFICIAL COPY 24 RS BR 2084 (b) Lists the following information:
(b) Lists the following information:
and (d) Agrees to comply with this chapter.
and Page 2 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA UNOFFICIAL COPY 24 RS SB 344/GA (d) Agrees to comply with this chapter.
An enforcement fee of two thousand ($2,000) for each vapor product when it is initially listed on the annual form submitted by the manufacturer and sold in this state;
An enforcement fee of two thousand dollars ($2,000) for each vapor product when it is initially listed on the annual form submitted by the manufacturer and sold in this state;
An enforcement fee of one thousand dollars ($1,000) for each product Page 2 of 11 BR208400.100 - 2084 - XXXX 3/21/2024 4:46 PM Jacketed UNOFFICIAL COPY 24 RS BR 2084 subsequently relisted on the annual certification form and sold in this state.
An enforcement fee of one thousand dollars ($1,000) for each product subsequently relisted on the annual certification form and sold in this state.
(7) The department shall maintain and make available a directory that lists all:
Page 3 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA UNOFFICIAL COPY 24 RS SB 344/GA (7) The department shall maintain and make available a directory that lists all:
(b) Establish a process to provide licensed retailers, distributors, and wholesalers notice of the initial publication of the directory and report changes made to the directory from the prior month;
(b) Establish a process to provide retailers, distributors, and wholesalers notice of the initial publication of the directory and report changes made to the directory from the prior month;
and Page 3 of 11 BR208400.100 - 2084 - XXXX 3/21/2024 4:46 PM Jacketed UNOFFICIAL COPY 24 RS BR 2084 (c) Update the directory monthly to:
and (c) Update the directory monthly to:
(10) (a) The manufacturer shall have fifteen (15) business days from the date of service of the notice of the department’s determination in subsection (9) of this section to establish that the manufacturer or its products should be included in the directory.
Page 4 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA UNOFFICIAL COPY 24 RS SB 344/GA (10) (a) The manufacturer shall have fifteen (15) business days from the date of service of the notice of the department’s determination in subsection (9) of this section to establish that the manufacturer or its products should be included in the directory.
Page 4 of 11 BR208400.100 - 2084 - XXXX 3/21/2024 4:46 PM Jacketed UNOFFICIAL COPY 24 RS BR 2084 (c) A determination by the department not to include or to remove from the directory a manufacturer or a product shall be subject to review by the filing of a civil action for prospective declaratory or injunctive relief.
(c) A determination by the department not to include or to remove from the directory a manufacturer or a product shall be subject to review by the filing of a civil action for prospective declaratory or injunctive relief.
and (b) A manufacturer may not sell, directly or through third party;
and (b) A manufacturer may not sell, directly or through a third party;
(13) (a) By March 1, 2025 and within sixty (60) days after the directory is modified thereafter:
(13) (a) By March 1, 2025, and within sixty (60) days after the directory is modified thereafter:
1.
Page 5 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA UNOFFICIAL COPY 24 RS SB 344/GA 1.
No products may be seized from a consumer who has made a Page 5 of 11 BR208400.100 - 2084 - XXXX 3/21/2024 4:46 PM Jacketed UNOFFICIAL COPY 24 RS BR 2084 bona fide purchase of the product;
No products may be seized from a consumer who has made a bona fide purchase of the product;
A wholesaler, distributor, or retailer who sells or offers for sale a vapor product in this state that is not included in the directory shall be subject to a civil penalty of five hundred dollars ($500) per day for each product offered for sale in violation of this section until the offending product is removed from inventory or until the offending product is properly listed on the directory.
A manufacturer, wholesaler, distributor, or retailer who sells or offers for sale a vapor product in this state that is not included in the directory shall be subject to a civil penalty of two hundred fifty dollars ($250) for each product offered for sale in violation of this section until the offending product is removed from inventory or until the offending product is properly listed on the directory.
For a second violation within a twelve (12) month period, the license of the licensee issued pursuant to KRS 138.195 shall be suspended for at least fourteen (14) days.
For a second violation of this section at the same location within a twelve (12) month period, the civil penalty shall be five hundred dollars ($500) per product.
3.
Page 6 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA UNOFFICIAL COPY 24 RS SB 344/GA 3.
For a third violation within a twelve (12) month period, the license of the licensee issued pursuant to KRS 138.195 shall be suspended for at least sixty (60) days.
For a third violation of this section at the same location within a twelve (12) month period, the civil penalty shall be one thousand dollars ($1,000) per product.
For a fourth or subsequent violation within a twelve (12) month period, the license of the licensee issued pursuant to KRS 138.195 shall be suspended for at least one (1) year;
For a fourth or subsequent violation of this section at the same location within a twelve (12) month period, the civil penalty shall be one thousand five hundred dollars ($1,500) per product;
(b) A manufacturer whose vapor products are not listed in the directory and are sold in this state, directly or through a third party, is subject to a civil penalty of five hundred dollars ($500) per day for each product offered for sale in violation of this section until the offending product is:
(b) An affirmative defense for violations of this section by a retailer shall be that the vapor products were purchased from a wholesaler, sub-jobber, or other distributor licensed under KRS Chapter 138;
1.
(c) Any manufacturer that falsely represents information required by the certification form required by subsection (3) of this section shall be guilty of a Class B misdemeanor for each false representation;
Removed from the market;
and (d) A repeat violation of this paragraph shall constitute an unlawful act under KRS 367.170 and shall be subject to any remedies or penalties available for a violation of that section under KRS Chapter 367.
or Page 6 of 11 BR208400.100 - 2084 - XXXX 3/21/2024 4:46 PM Jacketed UNOFFICIAL COPY 24 RS BR 2084 2.
Until the offending product is properly listed on the directory;
and (c) 1.
Any manufacturer that falsely represents information required by the certification form required by subsection (3) of this Section shall be guilty of a Class B misdemeanor for each false representation.
2.
A repeat violation of this paragraph shall constitute an unlawful act under KRS 367.170 and shall be subject to any remedies or penalties available for a violation of that section under KRS Chapter 367.
(c) The department shall conduct unannounced follow-up examinations of noncompliant distributors, wholesalers, and retailers within thirty (30) days after any violation of this section.
The documents may be reviewed at the corporate office or a central location of a person having more than one (1) retail location.
Show all 54 changed rows (14 more)
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(c) The department shall conduct unannounced follow-up examinations of noncompliant distributors, wholesalers, and retailers within thirty (30) days Page 7 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA UNOFFICIAL COPY 24 RS SB 344/GA after any violation of this section.
(e) The department shall publish the results of all examinations annually and shall make the results available to the public on request.
(e) The department shall publish the results of all examinations annually and shall make the summary of results available to the public on request.
(17) (a) Any vapor product offered for sale in violation of this section is declared to be a contraband good and may be seized by the department, the Page 7 of 11 BR208400.100 - 2084 - XXXX 3/21/2024 4:46 PM Jacketed UNOFFICIAL COPY 24 RS BR 2084 department’s agents, or by law enforcement if directed by the department to do so, without a warrant.
Unless used by the department in a prosecution or enforcement action, the information collected by the department pursuant to this subsection shall be considered confidential information for the purposes of KRS 61.870 to 61.884.
(17) (a) Any vapor product offered for sale in violation of this section is declared to be a contraband good and may be seized by the department, the department’s agents, or by law enforcement if directed by the department to do so, without a warrant.
Notice of termination of an agent thirty (30) calendar days or more prior to the termination;
Notice of termination of an agent thirty (30) calendar days or more Page 8 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA UNOFFICIAL COPY 24 RS SB 344/GA prior to the termination;
(19) Starting June 1, 2025, and annually thereafter, the department shall provide a Page 8 of 11 BR208400.100 - 2084 - XXXX 3/21/2024 4:46 PM Jacketed UNOFFICIAL COPY 24 RS BR 2084 report to the Legislative Research Commission for referral to the Interim Joint Committee on Licensing and Occupations regarding:
(19) Starting June 1, 2025, and annually thereafter, the department shall provide a report to the Legislative Research Commission for referral to the Interim Joint Committee on Licensing and Occupations regarding:
1.
Page 9 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA UNOFFICIAL COPY 24 RS SB 344/GA 1.
Any other term that references a type or brand of the items listed in this paragraph, whether it includes the terms listed in subparagraphs 1 through 6.
Any other term that references a type or brand of the items listed in this paragraph, whether it includes the terms listed in subparagraphs 1.
to 6.
A food, or a brand of food, marketed to minors, including but not Page 9 of 11 BR208400.100 - 2084 - XXXX 3/21/2024 4:46 PM Jacketed UNOFFICIAL COPY 24 RS BR 2084 limited to:
A food, or a brand of food, marketed to minors, including but not limited to:
or d.
or Page 10 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA UNOFFICIAL COPY 24 RS SB 344/GA d.
(4) Compliance checks conducted pursuant to Sections 1 and 2 shall be performed to Page 10 of 11 BR208400.100 - 2084 - XXXX 3/21/2024 4:46 PM Jacketed UNOFFICIAL COPY 24 RS BR 2084 ensure a person’s compliance with these sections.
(4) Compliance checks conducted pursuant to Sections 1 and 2 shall be performed to ensure a person’s compliance with these sections.
(3) Notwithstanding KRS 45.229, fund amounts not expended at the close of the fiscal year shall not lapse, but shall be carried forward into the next fiscal year.
(3) Notwithstanding KRS 45.229, fund amounts not expended at the close of the Page 11 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA UNOFFICIAL COPY 24 RS SB 344/GA fiscal year shall not lapse, but shall be carried forward into the next fiscal year.
Page 11 of 11 BR208400.100 - 2084 - XXXX 3/21/2024 4:46 PM Jacketed
Page 12 of 12 SB034410.100 - 2084 - XXXX 3/21/2024 5:36 PM GA
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Action History

  1. to Committee on Committees (H)

  2. received in House

  3. passed 29-8-1 with Floor Amendment (1)

  4. Floor Amendment (3) defeated

  5. Floor Amendment (2) withdrawn

  6. 3rd reading

  7. posted for passage in the Regular Orders of the Day for Thursday, March 21, 2024

  8. floor amendment (3) filed

  9. floor amendment (2) filed

  10. floor amendment (1) filed

  11. 2nd reading, to Rules

  12. reported favorably, 1st reading, to Calendar

  13. to Licensing & Occupations (S)

  14. to Committee on Committees (S)

  15. introduced in Senate

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 136 not signed on · 6 voted No

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (136)

136 members have not signed on to this bill.

Show all 136 →

"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

PASS SB 344 W/ sfa1

Passed 29 Yea · 8 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 3000
Republican 21602
Unaffiliated 5200
Total 29802
% of votes cast 74%21%0%5%
How each member voted (39)
Member Party Vote
Thayer — Yea
Turner — Yea
Schickel — Yea
Westerfield — Yea
Southworth — Nay
Yates — Nay
Harper Angel — Yea
Cassie Chambers Armstrong Democrat 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
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Nay
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Not Voting
Lindsey Tichenor Republican Not Voting
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson Republican Yea
Phillip Wheeler Republican Nay
Rick Girdler Republican Yea
Robby Mills Republican Nay
Robert Stivers Republican Yea
Robin L. Webb Republican Nay
Shelley Funke Frommeyer Republican Nay
Stephen West Republican Nay
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea

Official roll call →

Subjects

public-safety taxation health-insurance
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 344 do?
Create new sections of KRS Chapter 438 to define terms; establish the creation and enforcement provisions of a vapor product and vapor product manufacturer list; create a restricted fund from the funds collected in for enforcement of the vapor product and vapor product manufacturing list; establish fees and penalties.
Who sponsors SB 344?
SB 344 is sponsored by Brandon J. Storm (Republican) and Danny Carroll (Republican).
What is the current status of SB 344?
This bill died with 2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 344?
Track SB 344 free on One Click Politics — get push/email alerts when it moves.

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