Files
republic-os/legislation/us/states/ky/2026rs/sb-245.md
T
2026-07-06 17:27:20 -04:00

116 lines
12 KiB
Markdown
Raw Blame History

This file contains ambiguous Unicode characters
This file contains Unicode characters that might be confused with other characters. If you think that this is intentional, you can safely ignore this warning. Use the Escape button to reveal them.
---
type: "Bill"
title: "AN ACT relating to tobacco, nicotine, or vapor product licensure and declaring an emergency."
description: "Create a new section of KRS 438.305 to 438.350 to establish application form requirements for a tobacco, nicotine, or vapor product license; prohibit the Department of Alcoholic Beverage Control from establishing any additional licensure requirements beyond those prescribed in statute; require the department to publish and maintain on its website the components required for a tobacco, nicotine, or vapor product license; amend various sections of KRS 438.305 to 438.350 to require the Secretary of State to notify retailers that a tobacco, nicotine, or vapor product license is required to sell authorized nicotine vapor products; establish application requirements for a tobacco, nicotine, or vapor product license; require the department to publish the application form on its website within 30 days of the effective date of this Act; require the licensing fee to be refunded to the applicant if a license is not issued; require a licensure renewal form and a licensing fee to be remitted to the department upon the renewal of a tobacco, nicotine, or vapor product license; define \"batch license\"; allow a retailer with a license issued by the department under KRS Chapter 243 to renew a tobacco, nicotine, or vapor product license on the date of its next renewal; allow an applicant or licensee to batch license using a singular application or renewal form; allow a licensee to batch license on the date of its next alcohol licensure renewal or 1 year from the date of issuance of its tobacco, nicotine, or vapor product license; require an applicant or licensee who chooses to batch license to multiply the licensure fee by the number of locations to be licensed or premises to be renewed; require the department to establish a singular application and renewal form for a batch license; allow the department to require a supplemental form for batch licensing if an alcohol license requires further information; grant a grace period to applicants for any error identified in an application by the department; establish requirements for a change of ownership; establish grounds for denial of an application; require the department to promulgate administrative regulations relating to tobacco, nicotine, and vapor licensing within 30 days of the effective date of this Act; repeal KRS 438.3065, which establishes transitional licensing; prohibit this Act from delaying enforcement; require any retailer selling tobacco, nicotine, or vapor products in Kentucky that does not currently hold a license to remit the initial application form and licensing fee within 60 days of the effective date of this Act; credit a licensee's 2025 licensing fee to the licensee's upcoming licensing fee payment for 2026; RETROACTIVE, in part, to January 1, 2026; EMERGENCY."
jurisdiction: "us/states/ky"
legislature: "Kentucky General Assembly"
session: "2026RS"
identifier: "SB 245"
citation: "Kentucky SB 245 (2026RS)"
classification: ["bill"]
subjects: ["Alcoholic Beverages", "Boards And Commissions", "Effective Dates", "Emergency", "Licensing", "Occupations And Professions", "Public Safety", "Retroactive Legislation", "Secretary Of State", "State Agencies", "Tobacco", "Vaping"]
status: "enacted"
primary_sponsors: ["J. Higdon", "R. Webb"]
version_count: 3
action_count: 53
vote_count: 4
first_action: "2026-02-25T05:00:00+00:00"
last_action: "2026-04-10T04:00:00+00:00"
source: "openstates"
source_identifier: "ocd-bill/a79f284f-08a8-4d40-b63f-ea07cd0cd008"
source_url: "https://apps.legislature.ky.gov/record/26RS/sb245.html"
source_hash: "bb29a66fdd2bed839fea77f5b600fb49c32c70e34ca69c657313a7787498bda4"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-ky"]
---
# Kentucky SB 245 (2026RS) — AN ACT relating to tobacco, nicotine, or vapor product licensure and declaring an emergency.
Create a new section of KRS 438.305 to 438.350 to establish application form requirements for a tobacco, nicotine, or vapor product license; prohibit the Department of Alcoholic Beverage Control from establishing any additional licensure requirements beyond those prescribed in statute; require the department to publish and maintain on its website the components required for a tobacco, nicotine, or vapor product license; amend various sections of KRS 438.305 to 438.350 to require the Secretary of State to notify retailers that a tobacco, nicotine, or vapor product license is required to sell authorized nicotine vapor products; establish application requirements for a tobacco, nicotine, or vapor product license; require the department to publish the application form on its website within 30 days of the effective date of this Act; require the licensing fee to be refunded to the applicant if a license is not issued; require a licensure renewal form and a licensing fee to be remitted to the department upon the renewal of a tobacco, nicotine, or vapor product license; define "batch license"; allow a retailer with a license issued by the department under KRS Chapter 243 to renew a tobacco, nicotine, or vapor product license on the date of its next renewal; allow an applicant or licensee to batch license using a singular application or renewal form; allow a licensee to batch license on the date of its next alcohol licensure renewal or 1 year from the date of issuance of its tobacco, nicotine, or vapor product license; require an applicant or licensee who chooses to batch license to multiply the licensure fee by the number of locations to be licensed or premises to be renewed; require the department to establish a singular application and renewal form for a batch license; allow the department to require a supplemental form for batch licensing if an alcohol license requires further information; grant a grace period to applicants for any error identified in an application by the department; establish requirements for a change of ownership; establish grounds for denial of an application; require the department to promulgate administrative regulations relating to tobacco, nicotine, and vapor licensing within 30 days of the effective date of this Act; repeal KRS 438.3065, which establishes transitional licensing; prohibit this Act from delaying enforcement; require any retailer selling tobacco, nicotine, or vapor products in Kentucky that does not currently hold a license to remit the initial application form and licensing fee within 60 days of the effective date of this Act; credit a licensee's 2025 licensing fee to the licensee's upcoming licensing fee payment for 2026; RETROACTIVE, in part, to January 1, 2026; EMERGENCY.
## Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
1. **Introduced** (filed) — [source](https://apps.legislature.ky.gov/recorddocuments/bill/26RS/sb245/orig_bill.pdf)
2. **Acts Chapter 70** (committee substitute) — [source](https://apps.legislature.ky.gov/law/acts/26RS/documents/0070.pdf)
3. **Current/Final** (committee substitute) — [source](https://apps.legislature.ky.gov/recorddocuments/bill/26RS/sb245/bill.pdf)
## Votes
- PASS SB 245 — **360** (pass) · upper
- Final Passage — **780** (pass) · upper
- Pass — **850** (pass) · upper
- FINAL PASSAGE OF SB 245 — **351** (pass) · upper
## Sponsors
- J. Higdon — primary (person)
- R. Webb — primary (person)
## Timeline
The legislative action history — every referral, reading, and vote.
- **2026-02-25T05:00:00+00:00** introduced in Senate `introduction`
- **2026-02-25T05:00:00+00:00** to Committee on Committees (S) `referral-committee`
- **2026-02-27T05:00:00+00:00** to Licensing & Occupations (S) `referral-committee`
- **2026-03-03T05:00:00+00:00** reported favorably, 1st reading, to Calendar `committee-passage`
- **2026-03-04T05:00:00+00:00** 2nd reading, to Rules `reading-2`
- **2026-03-04T05:00:00+00:00** posted for passage in the Regular Orders of the Day for Thursday, March 05 2026
- **2026-03-05T05:00:00+00:00** passed over and retained in the Orders of the Day `passage`
- **2026-03-05T05:00:00+00:00** floor amendment (1) filed `amendment-introduction`
- **2026-03-06T05:00:00+00:00** 3rd reading `reading-3`
- **2026-03-06T05:00:00+00:00** floor amendment (1) withdrawn
- **2026-03-06T05:00:00+00:00** passed 36-0 `passage`
- **2026-03-10T04:00:00+00:00** received in House
- **2026-03-10T04:00:00+00:00** to Committee on Committees (H) `referral-committee`
- **2026-03-11T04:00:00+00:00** to Licensing, Occupations, & Administrative Regulations (H) `referral-committee`
- **2026-03-16T04:00:00+00:00** taken from Licensing, Occupations, & Administrative Regulations (H)
- **2026-03-16T04:00:00+00:00** 1st reading `reading-1`
- **2026-03-16T04:00:00+00:00** returned to Licensing, Occupations, & Administrative Regulations (H)
- **2026-03-17T04:00:00+00:00** taken from Licensing, Occupations, & Administrative Regulations (H)
- **2026-03-17T04:00:00+00:00** 2nd reading `reading-2`
- **2026-03-17T04:00:00+00:00** returned to Licensing, Occupations, & Administrative Regulations (H)
- **2026-03-18T04:00:00+00:00** reported favorably, to Rules with Committee Substitute (1) `committee-passage`
- **2026-03-18T04:00:00+00:00** floor amendment (1) filed to Committee Substitute `amendment-introduction`
- **2026-03-19T04:00:00+00:00** posted for passage in the Regular Orders of the Day for Friday, March 20 2026
- **2026-03-20T04:00:00+00:00** 3rd reading, passed 85-0 with Floor Amendment (1) and Committee Substitute (1) `passage, reading-3`
- **2026-03-24T04:00:00+00:00** received in Senate
- **2026-03-24T04:00:00+00:00** to Rules (S) `referral-committee`
- **2026-03-24T04:00:00+00:00** taken from Rules
- **2026-03-24T04:00:00+00:00** posted for passage for concurrence in House Committee Substitute (1) and Floor Amendment (1)
- **2026-03-24T04:00:00+00:00** passed over and retained for concurrence in House Committee Substitute (1) and Floor Amendment (1) `passage`
- **2026-03-25T04:00:00+00:00** passed over and retained for concurrence in House Committee Substitute (1) and House Floor Amendment (1) `passage`
- **2026-03-26T04:00:00+00:00** Senate refused to concur in House Committee Substitute (1) and Floor Amendment (1)
- **2026-03-26T04:00:00+00:00** received in House
- **2026-03-26T04:00:00+00:00** to Rules (H) `referral-committee`
- **2026-03-26T04:00:00+00:00** taken from Rules
- **2026-03-26T04:00:00+00:00** posted for passage for receding from House Committee Substitute (1) and Floor Amendment (1)
- **2026-03-26T04:00:00+00:00** House refused to recede from Committee Substitute (1) and Floor Amendment (1)
- **2026-03-26T04:00:00+00:00** Conference and Free Conference Committees appointed in House and Senate
- **2026-03-27T04:00:00+00:00** Conference Committee report filed in House and Senate
- **2026-03-27T04:00:00+00:00** Conference Committee report adopted in House
- **2026-03-27T04:00:00+00:00** Free Conference Committee report filed in House
- **2026-03-27T04:00:00+00:00** posted for passage for consideration Free Conference Committee Report in House
- **2026-03-27T04:00:00+00:00** Free Conference Committee report adopted in House
- **2026-03-27T04:00:00+00:00** passed 78-0 `passage`
- **2026-03-27T04:00:00+00:00** received in Senate
- **2026-03-27T04:00:00+00:00** to Rules (S) `referral-committee`
- **2026-03-27T04:00:00+00:00** taken from Rules
- **2026-03-27T04:00:00+00:00** posted for passage for consideration of Free Conference Committee Report
- **2026-03-27T04:00:00+00:00** Free Conference Committee report adopted in Senate
- **2026-03-27T04:00:00+00:00** passed 35-1 `passage`
- **2026-03-31T04:00:00+00:00** enrolled, signed by President of the Senate `passage`
- **2026-03-31T04:00:00+00:00** enrolled, signed by Speaker of the House `passage`
- **2026-03-31T04:00:00+00:00** delivered to Governor
- **2026-04-10T04:00:00+00:00** signed by Governor (Acts Ch. 70) `executive-signature`
## Source
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/a79f284f-08a8-4d40-b63f-ea07cd0cd008`. Confidence: reported (aggregated from official Kentucky legislature records).