Kentucky 2025 Regular Session Status: Enacted

SB 100 — AN ACT relating to tobacco, nicotine, or vapor product licensure.

Last action — signed by Governor (Acts Ch. 78)

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  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 February 07, 2025. Enacted.

Signed by Governor Andy Beshear (Democratic) on March 24, 2025.

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 438.305 to define terms; create new sections of KRS 438.305 to 438.350 to create the Division of Tobacco, Nicotine, and Vapor Product Licensing within the Department of Beverage Control; give the department investigators the authority to inspect any premise where alternative nicotine products, tobacco products, or vapor products are sold without obtaining a search warrant; require any retailer that sells alternative nicotine products, tobacco products, or vapor products to obtain a tobacco, nicotine, and vapor products license issued by the department; establish penalties for retailers that sell alternative nicotine products, tobacco products, or vapor products without a license; establish conditions under which a license may be revoked; amend KRS 438.310 to establish penalties for retailers and store clerks who sell to individuals under the age of 21; amend KRS 438.313 to prohibit a distributor from distributing alternative nicotine products, tobacco products, or vapor products to any retailer whose license has been revoked; prohibit a distributor from distributing alternative nicotine products, tobacco products, or vapor products to any retailer that has been placed on the tobacco noncompliance database and reporting system; amend KRS 438.337 to allocate 100% of license and application fees to the department; allocate 50% of fines collected to go toward a youth program that educates the youth on the dangers of vaping and tobacco use; require the department to develop and maintain the noncompliance database and reporting system; amend KRS 438.340 to direct the department to promulgate administrative regulations to establish a procedure for administering citations, issuing orders, and filing appeals; amend KRS 438.350 to establish conditions upon which a person under the age of 21 may be required to perform community service or attend a tobacco cessation program; amend various sections of KRS to conform.

Bill Text

What changed in the latest version

995 added · 1246 removed

995 line(s) added, 1246 removed.

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UNOFFICIAL COPY 25 RS SB 100/EN AN ACT relating to tobacco, nicotine, or vapor product licensure.
CHAPTER 78 1 CHAPTER 78 ( SB 100 ) AN ACT relating to tobacco, nicotine, or vapor product licensure.
(a) Has obtained authorization from the FDA;[ or] (b) Timely pursued a path to market for a nicotine product containing tobacco- derived nicotine that was commercially marketed in the United States as of August 8, 2016, for which the manufacturer submitted a premarket tobacco product application on or before September 9, 2020, to the FDA, that:
(a) Has obtained authorization from the FDA;[ or] (b) Timely pursued a path to market for a nicotine product containing tobacco-derived nicotine that was commercially marketed in the United States as of August 8, 2016, for which the manufacturer submitted a premarket tobacco product application on or before September 9, 2020, to the FDA, that:
(4) "Contraband property" means any article, item, or property, except real property, Page 1 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN that is used or intended to be used in violation of KRS 438.305 to 438.350;
(4) "Contraband property" means any article, item, or property, except real property, that is used or intended to be used in violation of KRS 438.305 to 438.350;
(14)[(9)] "Retailer" means any person[, online or in person,] who sells tobacco products, alternative nicotine products, or vapor products to a consumer for any purpose other than resale;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (14)[(9)] "Retailer" means any person[, online or in person,] who sells tobacco products, alternative nicotine products, or vapor products to a consumer for any purpose other than resale;
Page 2 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (15)[(10) "Safe harbor certification":
(15)[(10) "Safe harbor certification":
(16)[(12)] "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;[ Page 3 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (13) "Tobacco noncompliance database and reporting system" means the database of retailers that have violated KRS 438.312 or 438.316 developed and maintained by the department under KRS 438.307;] (17)[(14)] (a) "Tobacco product" means any cigarette, cigar, snuff, smokeless tobacco product, smoking tobacco, chewing tobacco, and any kind or form of tobacco prepared in a manner suitable for chewing or smoking, or both, or any kind or form of tobacco that is suitable to be placed in a person's mouth.
(16)[(12)] "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;[ (13) "Tobacco noncompliance database and reporting system" means the database of retailers that have violated KRS 438.312 or 438.316 developed and maintained by the department under KRS 438.307;] (17)[(14)] (a) "Tobacco product" means any cigarette, cigar, snuff, smokeless tobacco product, smoking tobacco, chewing tobacco, and any kind or form of tobacco prepared in a manner suitable for chewing or smoking, or both, or any kind or form of tobacco that is suitable to be placed in a person's mouth.
A safe harbor certification;] and (18)[(16)] (a) "Vapor product" means any noncombustible product that employs a heating element, battery, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size and including the component parts and accessories thereto, that can be used to deliver vaporized Page 4 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN nicotine or other substances to users inhaling from the device.
A safe harbor certification;] and (18)[(16)] (a) "Vapor product" means any noncombustible product that employs a heating element, battery, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size and including the component parts and accessories thereto, that can be used to deliver vaporized nicotine or other substances to users inhaling from the 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 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 container of a liquid solution or other material that is intended to be used with CHAPTER 78 3 or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device.
(2) The Division of Tobacco, Nicotine, and Vapor Licensing shall carry out enforcement provisions of KRS 438.305 to 438.350 as they relate to the regulation of alternative nicotine products, tobacco products, and vapor products, including promulgating administrative regulations that govern the sale and distribution of alternative nicotine products, tobacco products, and vapor products.
(2) The Division of Tobacco, Nicotine, and Vapor Product Licensing shall carry out enforcement provisions of KRS 438.305 to 438.350 as they relate to the regulation of alternative nicotine products, tobacco products, and vapor products, including promulgating administrative regulations that govern the sale and distribution of alternative nicotine products, tobacco products, and vapor products.
Page 5 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN SECTION 3.
SECTION 3.
and (c) Posted in a conspicuous place in the premises of the business where alternative nicotine products, tobacco products, or authorized nicotine Page 6 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN vapor products are sold.
and (c) Be posted in a conspicuous place in the premises of the business where alternative nicotine products, tobacco products, or authorized nicotine vapor products are sold.
(1) A transitional license may be issued by the commissioner during the time a transfer of an ongoing business is being processed under the following conditions:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) A transitional license may be issued by the commissioner during the time a transfer of an ongoing business is being processed under the following conditions:
The department shall prescribe the form and content of the advertisement by promulgation of administrative regulations in Page 7 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN accordance with KRS Chapter 13A.
The department shall prescribe the form and content of the advertisement by promulgation of administrative regulations in accordance with KRS Chapter 13A.
Page 8 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (a) License shall not be issued;
(a) License shall not be issued;
(2) Any administrative regulation of the department relating to the regulation of the manufacture, sale, and transportation of alternative nicotine products, tobacco products, or vapor products;
CHAPTER 78 5 (2) Any administrative regulation of the department relating to the regulation of the manufacture, sale, and transportation of alternative nicotine products, tobacco products, or vapor products;
(3) Any administrative regulation of the Department of Revenue relating to the Page 9 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN taxation of alternative nicotine products, tobacco products, or vapor products;
(3) Any administrative regulation of the Department of Revenue relating to the taxation of alternative nicotine products, tobacco products, or vapor products;
(b) Provide information necessary to establish its product meets the definition of an authorized nicotine vapor product as defined in Section 1 of this Act directly to a wholesaler or retailer distributing or selling the manufacturer's product in accordance with paragraph (d) of this subsection.
(b) Provide information necessary to establish its product meets the definition of an authorized nicotine vapor product as defined in Section 1 of this Act directly to a wholesaler or retailer distributing or selling the manufacturer's product in accordance with paragraph (d) of this subsection;
Which may be provided and maintained in hard copy or electronic form.
which may be provided and maintained in hard copy or electronic form;
(d) Provide the information from paragraph (b) of this subsection directly to a:
and (d) Provide the information from paragraph (b) of this subsection directly to a:
Page 10 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN 1.
1.
(a) ]only sell authorized nicotine vapor products to a retailer[ until the wholesaler verifies that the retailer is not in the tobacco noncompliance database and reporting system;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) ]only sell authorized nicotine vapor products to a retailer[ until the wholesaler verifies that the retailer is not in the tobacco noncompliance database and reporting system;
Page 11 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (2) Any wholesaler that violates this section shall be subject to a fine of:
(2) Any wholesaler that violates this section shall be subject to a fine of:
(c) One hundred dollar ($100) fine to the retail sales clerk and an additional one thousand dollar ($1,000) fine to the owner of a retail establishment for Page 12 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN a third citation;
(c) One hundred dollar ($100) fine to the retail sales clerk and an additional one thousand dollar ($1,000) fine to the owner of a retail establishment for a third citation;
(2) All peace officers with general law enforcement authority and investigators[employees] of the department[ of Alcoholic Beverage Control] may Page 13 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN confiscate the tobacco product, alternative nicotine product, or vapor product of a person under the age of twenty-one (21) who has violated this section.
(2) All peace officers with general law enforcement authority and investigators[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 this section.
(1) A[No] wholesaler, retailer, or manufacturer of cigarettes, tobacco products, or alternative nicotine products, shall not[may] distribute cigarettes, tobacco products, or alternative nicotine products, including samples thereof, free of charge or otherwise, to any person under the age of twenty-one (21).
CHAPTER 78 7 (1) A[No] wholesaler, retailer, or manufacturer of cigarettes, tobacco products, or alternative nicotine products, shall not[may] distribute cigarettes, tobacco products, or alternative nicotine products, including samples thereof, free of charge or otherwise, to any person under the age of twenty-one (21).
(1) A retailer shall not sell, give away, or distribute an authorized nicotine vapor Page 14 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN product or tobacco product to any person under twenty-one (21) years of age.
(1) A retailer shall not sell, give away, or distribute an authorized nicotine vapor product or tobacco product to any person under twenty-one (21) years of age.
Page 15 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN 2.
2.
(1) A retailer of nicotine vapor products shall only[not] sell authorized nicotine vapor products[an unauthorized vapor product to any person].
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) A retailer of nicotine vapor products shall only[not] sell authorized nicotine vapor products[an unauthorized vapor product to any person].
(b) One thousand dollar ($1,000) fine to the owner of a retail establishment for Page 16 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN a second or subsequent citation issued for a violation of this section;
(b) One thousand dollar ($1,000) fine to the owner of a retail establishment for a second or subsequent citation issued for a violation of this section;
(4)[(5) A retailer in the tobacco noncompliance database and reporting system that sells vapor products that are unauthorized vapor products shall be subject to a fine of ten thousand dollars ($10,000) per unlawful transaction.
(4)[(5)A retailer in the tobacco noncompliance database and reporting system that sells vapor products that are unauthorized vapor products shall be subject to a fine of ten thousand dollars ($10,000) per unlawful transaction.
or (b) Proof received under subsection (1)(b) of Section 9 this Act that the product is an authorized nicotine vapor product[A safe harbor certification for the vapor product exists onsite at the retail location at the time the citation was Page 17 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN issued].
or (b) Proof received under subsection (1)(b) of Section 9 of this Act that the product is an authorized nicotine vapor product[A safe harbor certification for the vapor product exists onsite at the retail location at the time the citation was issued].
or (i) Laughing gas.
or CHAPTER 78 9 (i) Laughing gas.
or Page 18 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (e) The possession, use, or sale of nitrous oxide for automotive purposes.
or (e) The possession, use, or sale of nitrous oxide for automotive purposes.
The Page 19 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN department[ of Alcoholic Beverage Control] shall prepare annually, for submission by the Governor to the Secretary of the United States Department of Health and Human Services, the report required by Section 1926 of Subpart 1 of Part B of Title XIX of the Federal Public Health Service Act.
The department[ of Alcoholic Beverage Control] shall prepare annually, for submission by the Governor to the Secretary of the United States Department of Health and Human Services, the report required by Section 1926 of Subpart 1 of Part B of Title XIX of the Federal Public Health Service Act.
(b) Multiple violations found during one (1) visit shall be reported on a single citation and shall be considered to be one (1) violation for purposes of the penalties set forth in KRS 438.312 and 438.316.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Multiple violations found during one (1) visit shall be reported on a single citation and shall be considered to be one (1) violation for purposes of the penalties set forth in KRS 438.312 and 438.316.
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 revenue collected by the Finance and Page 20 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN Administration Cabinet from the state excise tax on the sale of cigarettes as imposed by KRS 138.140.
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 revenue collected by the Finance and Administration Cabinet from the state excise tax on the sale of cigarettes as imposed by KRS 138.140.
If no license is issued, the application fee shall be retained by the department in accordance with Section 5 of this Act[, and ] (b) One hundred percent (100%) of the fines collected under KRS 438.305 to 438.350 shall be retained by the department.
If no license is issued, the application fee shall be retained by the department in accordance with Section 5 of this Act.[, and ] (b) One hundred percent (100%) of the fines collected under KRS 438.305 to 438.350 shall be retained by the department.
(4) The department[ of Alcoholic Beverage Control] shall devise a plan and timeframe[time frame] for enforcement to determine by random inspection if the percentage of retailers wholesalers, or distributors making illegal sales to persons under the age of twenty-one (21) does or does not exceed federal guidelines preventing tobacco sales to persons under the age of twenty-one (21).
(4) The department[ of Alcoholic Beverage Control] shall devise a plan and timeframe[time frame] for enforcement to determine by random inspection if the percentage of retailers, wholesalers, or distributors making illegal sales to persons under the age of twenty-one (21) does or does not exceed federal guidelines preventing tobacco sales to persons under the age of twenty-one (21).
(b) Notwithstanding Sections 17 and 18 of this Act, if the tobacco, nicotine, or vapor product license is approved, random inspections or compliance Page 21 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN checks of the licensee shall be conducted not less than once annually during normal business hours or as deemed appropriate by the commissioner.
(b) Notwithstanding Sections 17 and 18 of this Act, if the tobacco, nicotine, or vapor product license is approved, random inspections or compliance checks of the licensee shall be conducted not less than once annually during normal business hours or as deemed appropriate by the commissioner.
(4)[(3)] This section shall not apply to persons exempted as provided by KRS 438.311 and 438.330.[ Page 22 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (4) The terms "alternative nicotine product," "tobacco product," and "vapor product," shall have the same meanings as in KRS 438.305.] Section 22.
CHAPTER 78 11 (4)[(3)] This section shall not apply to persons exempted as provided by KRS 438.311 and 438.330.[ (4) The terms "alternative nicotine product," "tobacco product," and "vapor product," shall have the same meanings as in KRS 438.305.] Section 22.
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Page 23 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (1) Each retailer shall, upon organizational filing or application for certificate of authority to the Secretary of State and upon its annual report, state whether it is involved in the retail sale of authorized nicotine vapor products.
(1) Each retailer shall, upon organizational filing or application for certificate of authority to the Secretary of State and upon its annual report, state whether it is involved in the retail sale of authorized nicotine vapor products.
"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 Page 24 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN to persons under the age of twenty-one (21) years and that it is illegal for persons under the age of twenty-one (21) 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) as provided in KRS 438.305 to 438.350[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) years and that it is illegal for persons under the age of twenty-one (21) years to purchase tobacco products, alternative nicotine products, or vapor products." Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (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) as provided in KRS 438.305 to 438.350[438.340].
(1) All dispositional hearings conducted under this chapter shall be conducted in Page 25 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN accordance with the provisions of KRS 610.060 and 610.070.
(1) All dispositional hearings conducted under this chapter shall be conducted in accordance with the provisions of KRS 610.060 and 610.070.
(5) The court may order the child and the child's family to participate in any programs Page 26 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN which are necessary to effectuate a change in the child and the family.
(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.
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.
and CHAPTER 78 13 (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.
It is not intended that this enumeration of administrative bodies be all-inclusive.
It is not intended that this enumeration of administrative bodies be all- inclusive.
Every authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization shall be included in or attached to the department or program cabinet in which they are included or to which they are attached by statute or statutorily Page 27 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN authorized executive order;
Every authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization shall be included in or attached to the department or program cabinet in which they are included or to which they are attached by statute or statutorily authorized executive order;
Page 28 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN a.
a.
d.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY d.
Page 29 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (o) Office of Financial Management Services.
(o) Office of Financial Management Services.
4.
CHAPTER 78 15 4.
Page 30 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN 5.
5.
Page 31 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN 3.
3.
(d) Department of Alcoholic Beverage Control.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) Department of Alcoholic Beverage Control.
Page 32 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (4) Transportation Cabinet:
(4) Transportation Cabinet:
3.
CHAPTER 78 17 3.
Page 33 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN a.
a.
8.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 8.
Page 34 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN 9.
9.
Page 35 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (p) Kentucky Housing Corporation.
(p) Kentucky Housing Corporation.
2.
CHAPTER 78 19 2.
Page 36 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN 2.
2.
13.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 13.
Page 37 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN 2.
2.
Page 38 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (g) Governmental Services Center.
(g) Governmental Services Center.
b.
CHAPTER 78 21 b.
Page 39 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN 2.
2.
5.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 5.
Page 40 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (j) Office of Unemployment Insurance.
(j) Office of Unemployment Insurance.
Page 41 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed UNOFFICIAL COPY 25 RS SB 100/EN (6) Department of Veterans' Affairs.
(6) Department of Veterans' Affairs.
Section 29.
CHAPTER 78 23 Section 29.
Whereas it is crucial that the public's understanding of laws related to vaping products reflect the statutory intent of the General Assembly, an emergency is declared to exist, and Sections 1, 9, 10, 14, 15, and 24 of this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Whereas it is crucial that the public's understanding of laws related to vaping products reflect the statutory intent of the General Assembly, an emergency is declared to exist, and Sections 1, 9, 10, 14, 15, and 24 of this Act take effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Page 42 of 42 SB010020.100 - 261 - XXXX 3/13/2025 3:54 PM Engrossed
Signed by Governor March 24, 2025.
Legislative Research Commission PDF Version
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Action History

  1. signed by Governor (Acts Ch. 78)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. passed 32-6 with Committee Substitute (1)

  6. Senate concurred in House Committee Substitute (1)

  7. posted for passage for concurrence in House Committee Substitute (1)

  8. taken from Rules (S)

  9. to Rules (S)

  10. received in Senate

  11. 3rd reading, passed 82-11 with Committee Substitute (1)

  12. placed in the Orders of the Day

  13. taken from Rules

  14. reported favorably, to Rules with Committee Substitute (1)

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

  16. 2nd reading

  17. taken from Licensing, Occupations, & Administrative Regulations (H)

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

  19. returned to Committee on Committees (H)

  20. 1st reading

  21. taken from Committee on Committees (H)

  22. to Committee on Committees (H)

  23. received in House

  24. passed 33-3 with Committee Substitute (1), Floor Amendment (5) and Floor Amendment (3-title)

  25. floor amendment withdrawn Floor Amendment (4)

  26. 3rd reading

  27. floor amendment withdrawn Floor Amendments (1) and (2)

  28. passed over and retained in the Orders of the Day

  29. floor amendment (5) filed to Committee Substitute

  30. floor amendment (4) filed to Committee Substitute , floor amendment (3-title) filed to bill

  31. passed over and retained in the Orders of the Day

  32. passed over and retained in the Orders of the Day

  33. posted for passage in the Regular Orders of the Day for Thursday, February 20, 2025

  34. floor amendment (2) filed to Committee Substitute

  35. 2nd reading, to Rules

  36. floor amendment (1) filed to Committee Substitute

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

  38. to Licensing & Occupations (S)

  39. to Committee on Committees (S)

  40. introduced in Senate

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on · 17 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

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"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 100 W/ hcs1

Passed 32 Yea · 6 Nay
Party YeaNayPresentNot Voting
Democrat 4000
Republican 26600
Unaffiliated 2000
Total 32600
% of votes cast 84%16%0%0%
How each member voted (38)
Member Party Vote
ChambersArmstrong — Yea
Yates — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Keturah J. Herron Democrat Yea
Reginald L. Thomas Democrat Yea
Aaron Reed Republican Nay
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Brandon Smith Republican Yea
Christian McDaniel Republican Yea
Craig Richardson Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Gex Williams Republican Nay
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Nay
Matt Nunn Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael J. Nemes Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Nay
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Scott Madon Republican Yea
Shelley Funke Frommeyer Republican Nay
Stephen Meredith Republican Yea
Stephen West Republican Yea
Steve Rawlings Republican Nay

Official roll call →

Pass

Passed 82 Yea · 11 Nay · 7 Other
Party YeaNayPresentNot Voting
Democrat 18101
Republican 60905
Unaffiliated 4101
Total 821107
% of votes cast 82%11%0%7%
How each member voted (100)
Member Party Vote
Stevenson P — Yea
Lewis — Yea
Lewis D — Yea
Lewis S — Yea
Huff T — Nay
Bratcher S. — Not Voting
Adam Moore Democrat Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Anne Gay Donworth Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
Erika Hancock Democrat Yea
George Brown Jr. Democrat Yea
Joshua Watkins Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Matthew Lehman Democrat Yea
Nima Kulkarni Democrat Yea
Rachel Roarx Democrat Yea
Reginald L. Thomas Democrat Nay
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Thompson Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Brandon Smith Republican Yea
Candy Massaroni Republican Not Voting
Chris Freeland Republican Not Voting
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Not Voting
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Nay
Gex Williams Republican Yea
J.T. Payne 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 Yea
Josh Bray Republican Yea
Josh Calloway Republican Nay
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim Holloway Republican Nay
Kim King Republican Not Voting
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Nay
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael J. Nemes Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Mike Wilson Republican Yea
Mitch Whitaker Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Peyton Griffee Republican Nay
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Nay
Robert Duvall Republican Yea
Ryan Bivens Republican Yea
Ryan Dotson Republican Not Voting
Samara Heavrin Republican Yea
Savannah Maddox Republican Nay
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Stephen Meredith Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Nay
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Timmy Truett Republican Yea
Tony Hampton Republican Yea
Vanessa Grossl Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 100 W/ scs1 sfa5 sfta3

Passed 33 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 4000
Republican 27302
Unaffiliated 2000
Total 33302
% of votes cast 87%8%0%5%
How each member voted (38)
Member Party Vote
ChambersArmstrong — Yea
Yates — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Keturah J. Herron Democrat Yea
Reginald L. Thomas Democrat Yea
Aaron Reed Republican Nay
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Not Voting
Brandon Smith Republican Yea
Christian McDaniel Republican Yea
Craig Richardson Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Gex Williams Republican Yea
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Nay
Matt Nunn Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael J. Nemes Republican Yea
Mike Wilson Republican Not Voting
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Nay
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Scott Madon Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen Meredith Republican Yea
Stephen West Republican Yea
Steve Rawlings Republican Yea

Official roll call →

Subjects

public-safety healthcare health-insurance
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Frequently asked questions

What does SB 100 do?
Amend KRS 438.305 to define terms; create new sections of KRS 438.305 to 438.350 to create the Division of Tobacco, Nicotine, and Vapor Product Licensing within the Department of Beverage Control; give the department investigators the authority to inspect any premise where alternative nicotine products, tobacco products, or vapor products are sold without obtaining a search warrant; require any retailer that sells alternative nicotine products, tobacco products, or vapor products to obtain a tobacco, nicotine, and vapor products license issued by the department; establish penalties for retailers that sell alternative nicotine products, tobacco products, or vapor products without a license; establish conditions under which a license may be revoked; amend KRS 438.310 to establish penalties for retailers and store clerks who sell to individuals under the age of 21; amend KRS 438.313 to prohibit a distributor from distributing alternative nicotine products, tobacco products, or vapor products to any retailer whose license has been revoked; prohibit a distributor from distributing alternative nicotine products, tobacco products, or vapor products to any retailer that has been placed on the tobacco noncompliance database and reporting system; amend KRS 438.337 to allocate 100% of license and application fees to the department; allocate 50% of fines collected to go toward a youth program that educates the youth on the dangers of vaping and tobacco use; require the department to develop and maintain the noncompliance database and reporting system; amend KRS 438.340 to direct the department to promulgate administrative regulations to establish a procedure for administering citations, issuing orders, and filing appeals; amend KRS 438.350 to establish conditions upon which a person under the age of 21 may be required to perform community service or attend a tobacco cessation program; amend various sections of KRS to conform.
What is the current status of SB 100?
This bill has been enacted into law. Introduced February 07, 2025. Enacted.
Where can I track SB 100?
Track SB 100 free on One Click Politics — get push/email alerts when it moves.

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