KY HB415 | 2020 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 6-0)
Status: Passed on April 8 2020 - 100% progression
Action: 2020-04-08 - became law without Governor's Signature (Acts Ch. 80)
Text: Latest bill text (Engrossed) [PDF]
Spectrum: Partisan Bill (Republican 6-0)
Status: Passed on April 8 2020 - 100% progression
Action: 2020-04-08 - became law without Governor's Signature (Acts Ch. 80)
Text: Latest bill text (Engrossed) [PDF]
Summary
Create new sections of KRS Chapter 243, relating to alcoholic beverage licensing, to require out-of-state licensees that are not licensed in Kentucky to hold the newly created shipping permit before transporting alcoholic beverages from another state to a consumer in Kentucky; limit these shipments to only those conducted through a licensed common carrier; establish rules and requirements to hold a shipping permit; instruct the Department of Alcoholic Beverage Control (ABC) to promulgate administrative regulations to reduce unlicensed deliveries and shipments; require shipping permit holders to submit a monthly report to the ABC department and the Department of Revenue that gives shipping totals and the names and addresses of each consumer and common carrier; impose an administrative and enforcement fee payable to the Department of Revenue for out-of-state shipment to a Kentucky consumer; make the fee 15 percent of the gross receipts derived from the shipment sales; deposit the fees in the general fund; amend KRS 241.010 to define "deliver" as transporting within the state of Kentucky and "ship" as transporting from one state to another; define "consumer" as a person of lawful drinking age and territory who does not hold an alcohol license and who purchases alcoholic beverages for personal consumption only; redefine "retail sale" to include in-person, electronic, online, or telephone transactions through shipment or delivery; authorize delivery or shipment to territories where the beverages may be lawfully sold or received; amend KRS 243.020 to allow an independent contractor of a licensee to conduct activities authorized under that license; amend KRS 243.030, 243.040, and 243.212 to merge all out-of-state supplier's licenses into one license; set the fees for an out-of-state supplier's license and a shipping permit; amend 243.0305, 243.120, 243.130, 243.150, 243.155, 243.157, 243.160, 243.170, 243.180, 243.240, 243.280, and 244.165 to permit delivery and shipment sales to a consumer; allow a microbrewery to deliver and ship under its microbrewery license rather than its package retail license; amend KRS 243.100 to strike licensee citizenship requirements; forbid a wholesaler from refusing to sell and offer reasonable service to another licensee during its normal business hours; amend KRS 243.200 to include malt beverages in a retailer's ability to transport alcoholic beverages from a wholesaler or distributor to the retailer's premises; allow a retailer to purchase alcoholic beverages from a wholesaler, distributor, or those licensees authorized to sell them; amend KRS 243.353 and 243.355 to prohibit sales to consumers under an alcoholic beverage storage license; amend KRS 243.500 to allow license suspension or revocation for failure to pay the enforcement and administrative fee on shipped alcoholic beverages; amend KRS 243.990 to make it a violation to disobey the shipping permit requirements; remove liability of a licensed common carrier or any of its employees on behalf of a consignor for delivering or shipping into areas where alcoholic beverages are not lawfully sold or received; remove the felony offense for out-of-state entities that ship alcoholic beverages into Kentucky; amend various sections of KRS Chapters 242 to 244 to conform; repeal KRS 243.215; APPROPRIATION.
Title
AN ACT relating to alcoholic beverages and making an appropriation therefor.
Sponsors
Rep. Adam Koenig [R] | Rep. Chad McCoy [R] | Rep. Kevin Bratcher [R] | Rep. Mark Hart [R] |
Rep. Thomas Huff [R] | Rep. David Osborne [R] |
Roll Calls
2020-03-26 - Senate - Senate: Third Reading RSN# 1412 (Y: 21 N: 11 NV: 0 Abs: 6) [PASS]
2020-03-18 - House - House: Third Reading RCS# 250 (Y: 52 N: 33 NV: 0 Abs: 15) [PASS]
2020-03-18 - House - House: Adopt HFA 6 RCS# 249 (Y: 32 N: 48 NV: 0 Abs: 20) [FAIL]
2020-03-18 - House - House: Third Reading RCS# 250 (Y: 52 N: 33 NV: 0 Abs: 15) [PASS]
2020-03-18 - House - House: Adopt HFA 6 RCS# 249 (Y: 32 N: 48 NV: 0 Abs: 20) [FAIL]
History
Date | Chamber | Action |
---|---|---|
2020-04-08 | House | became law without Governor's Signature (Acts Ch. 80) |
2020-03-26 | House | delivered to Governor |
2020-03-26 | House | enrolled, signed by President of the Senate |
2020-03-26 | House | enrolled, signed by Speaker of the House |
2020-03-26 | House | received in House |
2020-03-26 | Senate | 3rd reading, passed 21-11 |
2020-03-26 | Senate | posted for passage in the Regular Orders of the Day for Thursday, March 26, 2020 |
2020-03-26 | Senate | reported favorably, to Rules |
2020-03-19 | Senate | floor amendment (1) withdrawn |
2020-03-19 | Senate | floor amendment (1) filed |
2020-03-19 | Senate | returned to Licensing, Occupations, & Administrative Regulations (S) |
2020-03-19 | Senate | 2nd reading |
2020-03-19 | Senate | taken from Licensing, Occupations, & Administrative Regulations (S) |
2020-03-18 | Senate | to Licensing, Occupations, & Administrative Regulations (S) |
2020-03-18 | Senate | returned to Committee on Committees (S) |
2020-03-18 | Senate | 1st reading |
2020-03-18 | Senate | taken from Committee on Committees (S) |
2020-03-18 | Senate | to Committee on Committees (S) |
2020-03-18 | Senate | received in Senate |
2020-03-18 | House | passed 52-33 with Committee Substitute (1) and floor amendments (2) (7) and (8) |
2020-03-18 | House | floor amendment (6) defeated |
2020-03-18 | House | 3rd reading |
2020-03-17 | House | floor amendments (3), (4), (6), (7) and (8) filed to Committee Substitute, floor amendment (5) filed to bill |
2020-03-17 | House | posted for passage in the Regular Orders of the Day for Wednesday, March 18, 2020 |
2020-03-12 | House | floor amendments (1) and (2) filed to Committee Substitute |
2020-03-12 | House | 2nd reading, to Rules |
2020-03-11 | House | reported favorably, 1st reading, to Calendar with Committee Substitute (1) |
2020-02-14 | House | posted in committee |
2020-02-13 | House | to Licensing, Occupations, & Admin Regs (H) |
2020-02-11 | House | introduced in House |
Subjects
Alcoholic Beverages
Appropriations
Distilled Spirits
Fees
Fiscal Note
Licensing
Local Mandate
Malt Beverages
Sales
Wines and Wineries
Appropriations
Distilled Spirits
Fees
Fiscal Note
Licensing
Local Mandate
Malt Beverages
Sales
Wines and Wineries