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AN ACT relating to products that contain nicotine. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 438.305 TO 438.340 IS CREATED 3
TO READ AS FOLLOWS: 4
(1) Before any retailer, sells, or causes to be sold any vapor product at retail in this 5
state, the retailer shall apply for, and be issued, a vapor retail license from the 6
Department of Alcoholic Beverage Control. 7
(2) The Department for Alcoholic Beverage Control shall create a vapor retail 8
license, application fee, initial licensure fee, and licensure renewal fee allowing a 9
retailer to sell or cause to be sold any vapor products in this state. 10
(3) A vapor retail license shall authorize the retailer to purchase, receive, possess, 11
and sell vapor products at retail. 12
(4) Licensure application fees, initial licensing fees, and licensure renewal fees 13
collected by the Department of Alcoholic Beverage Control shall be retained by 14
the department for administrative purposes. 15
(5) A retailer shall be required to apply for and obtain from the Department of 16
Alcoholic Beverage Control a separate license for each location it intends to 17
operate. 18
(6) The Department of Alcoholic Beverage Control may promulgate administrative 19
regulations in accordance with KRS Chapter 13A to carry out this section. 20
Section 2. KRS 438.310 is amended to read as follows: 21
(1) No person shall sell or cause to be sold any tobacco product, alternative nicotine 22
product, or vapor product at retail to any person under the age of twenty-one (21), 23
or solicit any person under the age of twenty-one (21) to purchase any tobacco 24
product, alternative nicotine product, or vapor product at retail. 25
(2) Any person who sells tobacco products, alternative nicotine products, or vapor 26
products at retail shall cause to be posted in a conspicuous place in his or her 27 UNOFFICIAL COPY 24 RS BR 925
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establishment a notice stating that it is illegal to sell tobacco products, alternative 1
nicotine products, or vapor products to persons under age twenty-one (21). 2
(3) Any person selling tobacco products, alternative nicotine products, or vapor 3
products shall require proof of age from a prospective buyer or recipient if the 4
person has reason to believe that the prospective buyer or recipient is under the age 5
of twenty-one (21). 6
(4) A person who violates subsection (1) of this section shall be subject to a fine of 7
not less than one thousand five hundred dollars ($1,500) nor more than two 8
thousand dollars ($2,000) for a first violation and a fine of not less than two 9
thousand five hundred dollars ($2,500) nor more than three thousand dollars 10
($3,000) for any subsequent violation. The fine shall be administered by the 11
Department of Alcoholic Beverage Control using a civil enforcement procedure. 12
(5) A person who violates subsection[ (1) or] (2) of this section shall be subject to a 13
fine of not less than one hundred dollars ($100) nor more than five hundred dollars 14
($500) for a first violation and a fine of not less than five hundred dollars ($500) 15
nor more than one thousand dollars ($1,000) for any subsequent violation. The fine 16
shall be administered by the Department of Alcoholic Beverage Control using a 17
civil enforcement procedure. 18
(6) All peace officers with general law enforcement authority and employees of the 19
Department of Alcoholic Beverage Control may issue a uniform citation, but may 20
not make an arrest or take a child into custody, for a violation of this section. 21
Section 3. KRS 438.311 is amended to read as follows: 22
(1) Except for the provisions of KRS 438.330, it shall be unlawful for a person who has 23
not attained the age of twenty-one (21) years to purchase or accept receipt of or to 24
attempt to purchase or accept receipt of a tobacco product, alternative nicotine 25
product, or vapor product, or to present or offer to any person any purported proof 26
of age which is false, fraudulent, or not actually his or her own, for the purpose of 27 UNOFFICIAL COPY 24 RS BR 925
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purchasing or receiving any tobacco product, alternative nicotine product, or vapor 1
product. It shall not be unlawful for such a person to accept receipt of a tobacco 2
product, alternative nicotine product, or vapor product from an employer when 3
required in the performance of the person's duties. 4
(2) All peace officers with general law enforcement authority and employees of the 5
Department of Alcoholic Beverage Control may confiscate the tobacco product, 6
alternative nicotine product, or vapor product of a person under the age of twenty-7
one (21) who has violated this section.[ Notwithstanding any provision of law to the 8
contrary, no other penalty shall apply to a person under the age of twenty-one (21) 9
for a violation of this section.] 10
(3) (a) A violation of subsection (1) of this section shall be deemed a status offense 11
if committed by a person under the age of eighteen (18) and shall be under 12
the jurisdiction of the juvenile session of the District Court or the family 13
division of the Circuit Court, as appropriate. 14
(b) A status offender under this section shall be fined: 15
1. One hundred dollars ($100) for a first offense; 16
2. Two hundred fifty dollars ($250) for a second offense; and 17
3. Five hundred dollars ($500) for a third offense and any subsequent 18
offense. 19
(c) If the status offender is unable to pay the fine imposed under paragraph (b) 20
of this subsection, he or she may elect to complete: 21
1. Twelve (12) hours of community service for a first offense; 22
2. Twenty (20) hours of community service for a second offense; and 23
3. Thirty-seven (37) hours of community service for a third and any 24
subsequent offense; 25
in accordance with an order issued by the court. 26
(4) Except as provided in subsection (3) of this section, any person who violates 27 UNOFFICIAL COPY 24 RS BR 925
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subsection (1) of this section shall be guilty of: 1
(a) Violation for a first offense; and 2
(b) A class A misdemeanor for each subsequent offense. 3
Section 4. KRS 438.313 is amended to read as follows: 4
(1) A[No] wholesaler, retailer, or manufacturer of cigarettes, tobacco products, 5
alternative nicotine products, or vapor products shall not[may] distribute cigarettes, 6
tobacco products, alternative nicotine products, or vapor products, including 7
samples thereof, free of charge or otherwise, to any person under the age of twenty-8
one (21). 9
(2) Any person who distributes cigarettes, tobacco products, alternative nicotine 10
products, or vapor products, including samples thereof, free of charge or otherwise 11
shall require proof of age from a prospective buyer or recipient if the person has 12
reason to believe that the prospective purchaser or recipient is under the age of 13
twenty-one (21). 14
(3) Any person who violates subsection (1) or (2)[the provisions] of this section shall: 15
(a) Be fined not less than one thousand five hundred dollars ($1,500)[one 16
thousand dollars ($1,000)] nor more than two thousand dollars ($2,000)[two 17
thousand five hundred dollars ($2,500)] for a first[each] offense; 18
(b) Be fined not less than two thousand five hundred dollars ($2,500) nor more 19
than three thousand dollars ($3,000) for a second or any subsequent 20
offense; and 21
(c) Have any license issued pursuant to Section 1 or 10 of this Act revoked for a 22
third offense. 23
The fine shall be administered by the Department of Alcoholic Beverage Control 24
using a civil enforcement procedure for persons eighteen (18) years of age or older. 25
(4) All peace officers with general law enforcement authority and employees of the 26
Department of Alcoholic Beverage Control may issue a uniform citation, but may 27 UNOFFICIAL COPY 24 RS BR 925
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not make an arrest, or take a child into custody, for a violation of this section. 1
Section 5. KRS 438.345 is amended to read as follows: 2
(1) As used in this section: 3
(a) "Alternative nicotine product" has the same meaning as in KRS 438.305; 4
(b) "Tobacco product" has the same meaning as in KRS 438.305; and 5
(c) "Vapor product" has the same meaning as in KRS 438.305. 6
(2) The use of any tobacco product, alternative nicotine product, or vapor product: 7
(a) Shall be prohibited for all persons and at all times on or in all property, 8
including any vehicle, that is owned, operated, leased, or contracted for use by 9
a local board of education; 10
(b) Shall be prohibited for all students while attending or participating in any 11
school-related student trip or student activity; and 12
(c) Shall be prohibited for school district employees, volunteers, and all other 13
individuals affiliated with a school while the user is attending or participating 14
in any school-related student trip or student activity and is in the presence of a 15
student or students. 16
(3) [On or before July 1, 2020, ]Each local board of education shall implement this 17
section by adopting written policies that prohibit the use of tobacco products, 18
alternative nicotine products, and vapor products pursuant to this section. The 19
policies shall provide for: 20
(a) Adequate notice regarding the policy to be provided to students, parents and 21
guardians, school employees, and the general public; 22
(b) A requirement to post signage on or in all property, including any vehicle, that 23
is owned, operated, leased, or contracted for use by a local board of education, 24
clearly stating that use of tobacco products, alternative nicotine products, and 25
vapor products is prohibited at all times and by all persons on or in the 26
property; and 27 UNOFFICIAL COPY 24 RS BR 925
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(c) A requirement that school employees enforce the policies. 1
(4) (a) A person who violates[in violation of] subsection (2) of this section, or 2
policies adopted by a local board of education pursuant to subsection (3) of 3
this section, shall be subject to penalties as set forth by the local board of 4
education. 5
(b) In the district's code of acceptable behavior and discipline formulated under 6
KRS 158.148(5), each local board of education shall include a policy which, 7
at a minimum, provides that if a student under the age of twenty-one (21) 8
violates subsection (2) of this section, then the district will confiscate the 9
alternative nicotine products, tobacco products, or vapor products and that 10
a second offense shall result in a suspension of that student. 11
(5) Nothing in this section shall be interpreted or construed to: 12
(a) Permit use of a tobacco product, alternative nicotine product, or vapor 13
product, where it is otherwise restricted by this section, other state or federal 14
law, administrative regulation, or executive order; 15
(b) Prevent a local board of education or any other local governmental entity from 16
adopting local ordinances, regulations, or policies relating to use of a tobacco 17
product, alternative nicotine product, or a vapor product, in public places of 18
employment, and nonenclosed areas, that are more restrictive than what is 19
provided for in this section; or 20
(c) Repeal any existing local ordinances, regulations, or policies that provide 21
restrictions on the use of a tobacco product, alternative nicotine product, or 22
vapor product, in addition to those provided for in this section[. 23
(6) Each local board of education may choose, up to three (3) years after June 27, 2019, 24
to opt out of subsections (2) to (4) of this section]. 25
Section 6. KRS 438.350 is amended to read as follows: 26
(1) No person under the age of twenty-one (21) shall possess or use tobacco products, 27 UNOFFICIAL COPY 24 RS BR 925
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alternative nicotine products, or vapor products. 1
(2) Any tobacco product, alternative nicotine product, or vapor product found in the 2
possession of a person under the age of twenty-one (21) and in plain view of the 3
law enforcement officer shall be confiscated by the law enforcement officer making 4
the charge. 5
(3) (a) A violation of subsection (1) of this section shall be deemed a status offense 6
if committed by a person under the age of eighteen (18) and shall be under 7
the jurisdiction of the juvenile session of the District Court or the family 8
division of the Circuit Court, as appropriate. 9
(b) A status offender under this section shall be fined: 10
1. One hundred dollars ($100) for a first offense; 11
2. Two hundred fifty dollars ($250) for a second offense; and 12
3. Five hundred dollars ($500) for a third offense and any subsequent 13
offense. 14
(c) If the status offender is unable to pay the fine, he or she may elect to 15
complete: 16
1. Twelve (12) hours of community services for a first offense; 17
2. Twenty (20) hours of community service for a second offense; and 18
3. Thirty-seven (37) hours of community service for a third and any 19
subsequent offense; 20
in accordance with an order issued by the court. 21
(4) Except as provided in subsection (3) of this section, any person who violates 22
subsection (1) of this section shall be guilty of: 23
(a) A violation for a first offense; and 24
(b) A class A misdemeanor for each subsequent offense. 25
(5)[(3)] This section shall not apply to persons exempted as provided by KRS 438.311 26
and 438.330. 27 UNOFFICIAL COPY 24 RS BR 925
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(6)[(4)] As used in this section, the terms "alternative nicotine product," "tobacco 1
product," and "vapor product[,]"[ shall] have the same meaning[meanings] as in 2
KRS 438.305. 3
Section 7. KRS 600.020 is amended to read as follows: 4
As used in KRS Chapters 600 to 645, unless the context otherwise requires: 5
(1) "Abused or neglected child" means a child whose health or welfare is harmed or 6
threatened with harm when: 7
(a) His or her parent, guardian, person in a position of authority or special trust, 8
as defined in KRS 532.045, or other person exercising custodial control or 9
supervision of the child: 10
1. Inflicts or allows to be inflicted upon the child physical or emotional 11
injury as defined in this section by other than accidental means; 12
2. Creates or allows to be created a risk of physical or emotional injury as 13
defined in this section to the child by other than accidental means; 14
3. Engages in a pattern of conduct that renders the parent incapable of 15
caring for the immediate and ongoing needs of the child, including but 16
not limited to parental incapacity due to a substance use disorder as 17
defined in KRS 222.005; 18
4. Continuously or repeatedly fails or refuses to provide essential parental 19
care and protection for the child, considering the age of the child; 20
5. Commits or allows to be committed an act of sexual abuse, sexual 21
exploitation, or prostitution upon the child; 22
6. Creates or allows to be created a risk that an act of sexual abuse, sexual 23
exploitation, or prostitution will be committed upon the child; 24
7. Abandons or exploits the child; 25
8. Does not provide the child with adequate care, supervision, food, 26
clothing, shelter, and education or medical care necessary for the child's 27 UNOFFICIAL COPY 24 RS BR 925
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well-being when financially able to do so or offered financial or other 1
means to do so. A parent or other person exercising custodial control or 2
supervision of the child legitimately practicing the person's religious 3
beliefs shall not be considered a negligent parent solely because of 4
failure to provide specified medical treatment for a child for that reason 5
alone. This exception shall not preclude a court from ordering necessary 6
medical services for a child; 7
9. Fails to make sufficient progress toward identified goals as set forth in 8
the court-approved case plan to allow for the safe return of the child to 9
the parent that results in the child remaining committed to the cabinet 10
and remaining in foster care for fifteen (15) cumulative months out of 11
forty-eight (48) months; or 12
10. Commits or allows female genital mutilation as defined in KRS 508.125 13
to be committed; or 14
(b) A person twenty-one (21) years of age or older commits or allows to be 15
committed an act of sexual abuse, sexual exploitation, or prostitution upon a 16
child less than sixteen (16) years of age; 17
(2) "Age or developmentally appropriate" has the same meaning as in 42 U.S.C. sec. 18
675(11); 19
(3) "Aggravated circumstances" means the existence of one (1) or more of the 20
following conditions: 21
(a) The parent has not attempted or has not had contact with the child for a period 22
of not less than ninety (90) days; 23
(b) The parent is incarcerated and will be unavailable to care for the child for a 24
period of at least one (1) year from the date of the child's entry into foster care 25
and there is no appropriate relative placement available during this period of 26
time; 27 UNOFFICIAL COPY 24 RS BR 925
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(c) The parent has sexually abused the child and has refused available treatment; 1
(d) The parent has been found by the cabinet to have engaged in abuse of the 2
child that required removal from the parent's home two (2) or more times in 3
the past two (2) years; or 4
(e) The parent has caused the child serious physical injury; 5
(4) "Beyond the control of parents" means a child who has repeatedly failed to follow 6
the reasonable directives of his or her parents, legal guardian, or person exercising 7
custodial control or supervision other than a state agency, which behavior results in 8
danger to the child or others, and which behavior does not constitute behavior that 9
would warrant the filing of a petition under KRS Chapter 645; 10
(5) "Beyond the control of school" means any child who has been found by the court to 11
have repeatedly violated the lawful regulations for the government of the school as 12
provided in KRS 158.150, and as documented in writing by the school as a part of 13
the school's petition or as an attachment to the school's petition. The petition or 14
attachment shall describe the student's behavior and all intervention strategies 15
attempted by the school; 16
(6) "Boarding home" means a privately owned and operated home for the boarding and 17
lodging of individuals which is approved by the Department of Juvenile Justice or 18
the cabinet for the placement of children committed to the department or the 19
cabinet; 20
(7) "Cabinet" means the Cabinet for Health and Family Services; 21
(8) "Certified juvenile facility staff" means individuals who meet the qualifications of, 22
and who have completed a course of education and training in juvenile detention 23
developed and approved by, the Department of Juvenile Justice after consultation 24
with other appropriate state agencies; 25
(9) "Child" means any person who has not reached his or her eighteenth birthday, 26
unless otherwise provided; 27 UNOFFICIAL COPY 24 RS BR 925
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(10) "Child-caring facility" means any facility or group home other than a state facility, 1
Department of Juvenile Justice contract facility or group home, or one certified by 2
an appropriate agency as operated primarily for educational or medical purposes, 3
providing residential care on a twenty-four (24) hour basis to children not related by 4
blood, adoption, or marriage to the person maintaining the facility; 5
(11) "Child-placing agency" means any agency, other than a state agency, which 6
supervises the placement of children in foster family homes or child-caring 7
facilities or which places children for adoption; 8
(12) "Clinical treatment facility" means a facility with more than eight (8) beds 9
designated by the Department of Juvenile Justice or the cabinet for the treatment of 10
mentally ill children. The treatment program of such facilities shall be supervised 11
by a qualified mental health professional; 12
(13) "Commitment" means an order of the court which places a child under the custodial 13
control or supervision of the Cabinet for Health and Family Services, Department 14
of Juvenile Justice, or another facility or agency until the child attains the age of 15
eighteen (18) unless otherwise provided by law; 16
(14) "Community-based facility" means any nonsecure, homelike facility licensed, 17
operated, or permitted to operate by the Department of Juvenile Justice or the 18
cabinet, which is located within a reasonable proximity of the child's family and 19
home community, which affords the child the opportunity, if a Kentucky resident, 20
to continue family and community contact; 21
(15) "Complaint" means a verified statement setting forth allegations in regard to the 22
child which contain sufficient facts for the formulation of a subsequent petition; 23
(16) "Court" means the juvenile session of District Court unless a statute specifies the 24
adult session of District Court or the Circuit Court; 25
(17) "Court-designated worker" means that organization or individual delegated by the 26
Administrative Office of the Courts for the purposes of placing children in 27 UNOFFICIAL COPY 24 RS BR 925
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alternative placements prior to arraignment, conducting preliminary investigations, 1
and formulating, entering into, and supervising diversion agreements and 2
performing such other functions as authorized by law or court order; 3
(18) "Deadly weapon" has the same meaning as it does in KRS 500.080; 4
(19) "Department" means the Department for Community Based Services; 5
(20) "Dependent child" means any child, other than an abused or neglected child, who is 6
under improper care, custody, control, or guardianship that is not due to an 7
intentional act of the parent, guardian, or person exercising custodial control or 8
supervision of the child; 9
(21) "Detention" means the safe and temporary custody of a juvenile who is accused of 10
conduct subject to the jurisdiction of the court who requires a restricted or closely 11
supervised environment for his or her own or the community's protection; 12
(22) "Detention hearing" means a hearing held by a judge or trial commissioner within 13
twenty-four (24) hours, exclusive of weekends and holidays, of the start of any 14
period of detention prior to adjudication; 15
(23) "Diversion agreement" means a mechanism designed to hold a child accountable 16
for his or her behavior and, if appropriate, securing services to serve the best 17
interest of the child and to provide redress for that behavior without court action 18
and without the creation of a formal court record; 19
(24) "Eligible youth" means a person who: 20
(a) Is or has been committed to the cabinet as dependent, neglected, or abused; 21
(b) Is eighteen (18) years of age to nineteen (19) years of age; and 22
(c) Is requesting to extend or reinstate his or her commitment to the cabinet in 23
order to participate in state or federal educational programs or to establish 24
independent living arrangements; 25
(25) "Emergency shelter" is a group home, private residence, foster home, or similar 26
homelike facility which provides temporary or emergency care of children and 27 UNOFFICIAL COPY 24 RS BR 925
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adequate staff and services consistent with the needs of each child; 1
(26) "Emotional injury" means an injury to the mental or psychological capacity or 2
emotional stability of a child as evidenced by a substantial and observable 3
impairment in the child's ability to function within a normal range of performance 4
and behavior with due regard to his or her age, development, culture, and 5
environment as testified to by a qualified mental health professional; 6
(27) "Evidence-based practices" means policies, procedures, programs, and practices 7
proven by scientific research to reliably produce reductions in recidivism; 8
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage 9
to a child, but who has an emotionally significant relationship with the child, or an 10
emotionally significant relationship with a biological parent, siblings, or half-11
siblings of the child in the case of a child from birth to twelve (12) months of age, 12
prior to placement; 13
(29) "Firearm" shall have the same meaning as in KRS 237.060 and 527.010; 14
(30) "Foster family home" means a private home in which children are placed for foster 15
family care under supervision of the cabinet or a licensed child-placing agency; 16
(31) "Graduated sanction" means any of a continuum of accountability measures, 17
programs, and sanctions, ranging from less restrictive to more restrictive in nature, 18
that may include but are not limited to: 19
(a) Electronic monitoring; 20
(b) Drug and alcohol screening, testing, or monitoring; 21
(c) Day or evening reporting centers; 22
(d) Reporting requirements; 23
(e) Community service; and 24
(f) Rehabilitative interventions such as family counseling, substance abuse 25
treatment, restorative justice programs, and behavioral or mental health 26
treatment; 27 UNOFFICIAL COPY 24 RS BR 925
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(32) "Habitual runaway" means any child who has been found by the court to have been 1
absent from his or her place of lawful residence without the permission of his or her 2
custodian for at least three (3) days during a one (1) year period; 3
(33) "Habitual truant" means any child who has been found by the court to have been 4
reported as a truant as defined in KRS 159.150(1) two (2) or more times during a 5
one (1) year period; 6
(34) "Hospital" means, except for purposes of KRS Chapter 645, a licensed private or 7
public facility, health care facility, or part thereof, which is approved by the cabinet 8
to treat children; 9
(35) "Independent living" means those activities necessary to assist a committed child to 10
establish independent living arrangements; 11
(36) "Informal adjustment" means an agreement reached among the parties, with 12
consultation, but not the consent, of the victim of the crime or other persons 13
specified in KRS 610.070 if the victim chooses not to or is unable to participate, 14
after a petition has been filed, which is approved by the court, that the best interest 15
of the child would be served without formal adjudication and disposition; 16
(37) "Intentionally" means, with respect to a result or to conduct described by a statute 17
which defines an offense, that the actor's conscious objective is to cause that result 18
or to engage in that conduct; 19
(38) "Least restrictive alternative" means, except for purposes of KRS Chapter 645, that 20
the program developed on the child's behalf is no more harsh, hazardous, or 21
intrusive than necessary; or involves no restrictions on physical movements nor 22
requirements for residential care except as reasonably necessary for the protection 23
of the child from physical injury; or protection of the community, and is conducted 24
at the suitable available facility closest to the child's place of residence to allow for 25
appropriate family engagement; 26
(39) "Motor vehicle offense" means any violation of the nonfelony provisions of KRS 27 UNOFFICIAL COPY 24 RS BR 925
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Chapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117; 1
(40) "Near fatality" means an injury that, as certified by a physician, places a child in 2
serious or critical condition; 3
(41) "Needs of the child" means necessary food, clothing, health, shelter, and education; 4
(42) "Nonoffender" means a child alleged to be dependent, neglected, or abused and 5
who has not been otherwise charged with a status or public offense; 6
(43) "Nonsecure facility" means a facility which provides its residents access to the 7
surrounding community and which does not rely primarily on the use of physically 8
restricting construction and hardware to restrict freedom; 9
(44) "Nonsecure setting" means a nonsecure facility or a residential home, including a 10
child's own home, where a child may be temporarily placed pending further court 11
action. Children before the court in a county that is served by a state operated 12
secure detention facility, who are in the detention custody of the Department of 13
Juvenile Justice, and who are placed in a nonsecure alternative by the Department 14
of Juvenile Justice, shall be supervised by the Department of Juvenile Justice; 15
(45) "Out-of-home placement" means a placement other than in the home of a parent, 16
relative, or guardian, in a boarding home, clinical treatment facility, community-17
based facility, detention facility, emergency shelter, fictive kin home, foster family 18
home, hospital, nonsecure facility, physically secure facility, residential treatment 19
facility, or youth alternative center; 20
(46) "Parent" means the biological or adoptive mother or father of a child; 21
(47) "Person exercising custodial control or supervision" means a person or agency that 22
has assumed the role and responsibility of a parent or guardian for the child, but that 23
does not necessarily have legal custody of the child; 24
(48) "Petition" means a verified statement, setting forth allegations in regard to the child, 25
which initiates formal court involvement in the child's case; 26
(49) "Physical injury" means substantial physical pain or any impairment of physical 27 UNOFFICIAL COPY 24 RS BR 925
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condition; 1
(50) "Physically secure facility" means a facility that relies primarily on the use of 2
construction and hardware such as locks, bars, and fences to restrict freedom; 3
(51) "Public offense action" means an action, excluding contempt, brought in the interest 4
of a child who is accused of committing an offense under KRS Chapter 527 or a 5
public offense which, if committed by an adult, would be a crime, whether the same 6
is a felony, misdemeanor, or violation, other than an action alleging that a child 7
sixteen (16) years of age or older has committed a motor vehicle offense; 8
(52) "Qualified mental health professional" means: 9
(a) A physician licensed under the laws of Kentucky to practice medicine or 10
osteopathy, or a medical officer of the government of the United States while 11
engaged in the performance of official duties; 12
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 13
osteopathy, or a medical officer of the government of the United States while 14
engaged in the practice of official duties, and who is certified or eligible to 15
apply for certification by the American Board of Psychiatry and Neurology, 16
Inc.; 17
(c) A psychologist with the health service provider designation, a psychological 18
practitioner, a certified psychologist, or a psychological associate licensed 19
under the provisions of KRS Chapter 319; 20
(d) A licensed registered nurse with a master's degree in psychiatric nursing from 21
an accredited institution and two (2) years of clinical experience with 22
mentally ill persons, or a licensed registered nurse with a bachelor's degree in 23
nursing from an accredited institution who is certified as a psychiatric and 24
mental health nurse by the American Nurses Association and who has three 25
(3) years of inpatient or outpatient clinical experience in psychiatric nursing 26
and who is currently employed by a hospital or forensic psychiatric facility 27 UNOFFICIAL COPY 24 RS BR 925
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licensed by the Commonwealth or a psychiatric unit of a general hospital, a 1
private agency or company engaged in providing mental health services, or a 2
regional comprehensive care center; 3
(e) A licensed clinical social worker licensed under the provisions of KRS 4
335.100, or a certified social worker licensed under the provisions of KRS 5
335.080 with three (3) years of inpatient or outpatient clinical experience in 6
psychiatric social work and currently employed by a hospital or forensic 7
psychiatric facility licensed by the Commonwealth, a psychiatric unit of a 8
general hospital, a private agency or company engaged in providing mental 9
health services, or a regional comprehensive care center; 10
(f) A marriage and family therapist licensed under the provisions of KRS 11
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 12
experience in psychiatric mental health practice and currently employed by a 13
hospital or forensic psychiatric facility licensed by the Commonwealth, a 14
psychiatric unit of a general hospital, a private agency or company engaged in 15
providing mental health services, or a regional comprehensive care center; 16
(g) A professional counselor credentialed under the provisions of KRS 335.500 to 17
335.599 with three (3) years of inpatient or outpatient clinical experience in 18
psychiatric mental health practice and currently employed by a hospital or 19
forensic facility licensed by the Commonwealth, a psychiatric unit of a 20
general hospital, a private agency or company engaged in providing mental 21
health services, or a regional comprehensive care center; or 22
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 23
(1) of the following requirements: 24
1. Provides documentation that he or she has completed a psychiatric 25
residency program for physician assistants; 26
2. Has completed at least one thousand (1,000) hours of clinical experience 27 UNOFFICIAL COPY 24 RS BR 925
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under a supervising physician, as defined by KRS 311.840, who is a 1
psychiatrist and is certified or eligible for certification by the American 2
Board of Psychiatry and Neurology, Inc.; 3
3. Holds a master's degree from a physician assistant program accredited 4
by the Accreditation Review Commission on Education for the 5
Physician Assistant or its predecessor or successor agencies, is 6
practicing under a supervising physician as defined by KRS 311.840, 7
and: 8
a. Has two (2) years of clinical experience in the assessment, 9
evaluation, and treatment of mental disorders; or 10
b. Has been employed by a hospital or forensic psychiatric facility 11
licensed by the Commonwealth or a psychiatric unit of a general 12
hospital or a private agency or company engaged in the provision 13
of mental health services or a regional community program for 14
mental health and individuals with an intellectual disability for at 15
least two (2) years; or 16
4. Holds a bachelor's degree, possesses a current physician assistant 17
certificate issued by the board prior to July 15, 2002, is practicing under 18
a supervising physician as defined by KRS 311.840, and: 19
a. Has three (3) years of clinical experience in the assessment, 20
evaluation, and treatment of mental disorders; or 21
b. Has been employed by a hospital or forensic psychiatric facility 22
licensed by the Commonwealth or a psychiatric unit of a general 23
hospital or a private agency or company engaged in the provision 24
of mental health services or a regional community program for 25
mental health and individuals with an intellectual disability for at 26
least three (3) years; 27 UNOFFICIAL COPY 24 RS BR 925
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(53) "Reasonable and prudent parent standard" has the same meaning as in 42 U.S.C. 1
sec. 675(10); 2
(54) "Residential treatment facility" means a facility or group home with more than eight 3
(8) beds designated by the Department of Juvenile Justice or the cabinet for the 4
treatment of children; 5
(55) "Retain in custody" means, after a child has been taken into custody, the continued 6
holding of the child by a peace officer for a period of time not to exceed twelve (12) 7
hours when authorized by the court or the court-designated worker for the purpose 8
of making preliminary inquiries; 9
(56) "Risk and needs assessment" means an actuarial tool scientifically proven to 10
identify specific factors and needs that are related to delinquent and noncriminal 11
misconduct; 12
(57) "School personnel" means those certified persons under the supervision of the local 13
public or private education agency; 14
(58) "Secretary" means the secretary of the Cabinet for Health and Family Services; 15
(59) "Secure juvenile detention facility" means any physically secure facility used for 16
the secure detention of children other than any facility in which adult prisoners are 17
confined; 18
(60) "Serious physical injury" means physical injury which creates a substantial risk of 19
death or which causes serious and prolonged disfigurement, prolonged impairment 20
of health, or prolonged loss or impairment of the function of any bodily member or 21
organ; 22
(61) "Sexual abuse" includes but is not necessarily limited to any contacts or interactions 23
in which the parent, guardian, person in a position of authority or special trust, as 24
defined in KRS 532.045, or other person having custodial control or supervision of 25
the child or responsibility for his or her welfare, uses or allows, permits, or 26
encourages the use of the child for the purposes of the sexual stimulation of the 27 UNOFFICIAL COPY 24 RS BR 925
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perpetrator or another person; 1
(62) "Sexual exploitation" includes but is not limited to a situation in which a parent, 2
guardian, person in a position of authority or special trust, as defined in KRS 3
532.045, or other person having custodial control or supervision of a child or 4
responsible for his or her welfare, allows, permits, or encourages the child to 5
engage in an act which constitutes prostitution under Kentucky law; or a parent, 6
guardian, person in a position of authority or special trust, as defined in KRS 7
532.045, or other person having custodial control or supervision of a child or 8
responsible for his or her welfare, allows, permits, or encourages the child to 9
engage in an act of obscene or pornographic photographing, filming, or depicting of 10
a child as provided for under Kentucky law; 11
(63) "Social service worker" means any employee of the cabinet or any private agency 12
designated as such by the secretary of the cabinet or a social worker employed by a 13
county or city who has been approved by the cabinet to provide, under its 14
supervision, services to families and children; 15
(64) "Staff secure facility for residential treatment" means any setting which assures that 16
all entrances and exits are under the exclusive control of the facility staff, and in 17
which a child may reside for the purpose of receiving treatment; 18
(65) (a) "Status offense action" means[is] any action brought in the interest of a child 19
who is accused of committing acts, which if committed by an adult, would not 20
be a crime. Such behavior shall not be considered criminal or delinquent and 21
such children shall be termed status offenders. Status offenses[ shall] include: 22
1. Beyond the control of school or beyond the control of parents; 23
2. Habitual runaway; 24
3. Habitual truant;[ and] 25
4. Alcohol offenses as provided in KRS 244.085; and 26
5. Tobacco, alternative nicotine, or vapor product offenses in violation of 27 UNOFFICIAL COPY 24 RS BR 925
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Section 3 or 6 of this Act. 1
(b) Status offenses shall not include violations of state or local ordinances which 2
may apply to children such as a violation of curfew; 3
(66) "Take into custody" means the procedure by which a peace officer or other 4
authorized person initially assumes custody of a child. A child may be taken into 5
custody for a period of time not to exceed two (2) hours; 6
(67) "Transitional living support" means all benefits to which an eligible youth is 7
entitled upon being granted extended or reinstated commitment to the cabinet by the 8
court; 9
(68) "Transition plan" means a plan that is personalized at the direction of the youth that: 10
(a) Includes specific options on housing, health insurance, education, local 11
opportunities for mentors and continuing support services, and workforce 12
supports and employment services; and 13
(b) Is as detailed as the youth may elect; 14
(69) "Valid court order" means a court order issued by a judge to a child alleged or 15
found to be a status offender: 16
(a) Who was brought before the court and made subject to the order; 17
(b) Whose future conduct was regulated by the order; 18
(c) Who was given written and verbal warning of the consequences of the 19
violation of the order at the time the order was issued and whose attorney or 20
parent or legal guardian was also provided with a written notice of the 21
consequences of violation of the order, which notification is reflected in the 22
record of the court proceedings; and 23
(d) Who received, before the issuance of the order, the full due process rights 24
guaranteed by the Constitution of the United States; 25
(70) "Violation" means any offense, other than a traffic infraction, for which a sentence 26
of a fine only can be imposed; 27 UNOFFICIAL COPY 24 RS BR 925
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(71) "Youth alternative center" means a nonsecure facility, approved by the Department 1
of Juvenile Justice, for the detention of juveniles, both prior to adjudication and 2
after adjudication, which meets the criteria specified in KRS 15A.320; and 3
(72) "Youthful offender" means any person regardless of age, transferred to Circuit 4
Court under the provisions of KRS Chapter 635 or 640 and who is subsequently 5
convicted in Circuit Court. 6
Section 8. KRS 610.010 is amended to read as follows: 7
(1) Unless otherwise exempted by KRS Chapters 600 to 645, the juvenile session of the 8
District Court of each county shall have exclusive jurisdiction in proceedings 9
concerning any child living or found within the county who has not reached his or 10
her eighteenth birthday or of any person who at the time of committing a public 11
offense was under the age of eighteen (18) years, who allegedly has committed a 12
public offense prior to his or her eighteenth birthday, except a motor vehicle offense 13
involving a child sixteen (16) years of age or older. A child sixteen (16) years of 14
age or older taken into custody upon the allegation that the child has committed a 15
motor vehicle offense shall be treated as an adult and shall have the same conditions 16
of release applied to him or her as an adult. A child taken into custody upon the 17
allegation that he or she has committed a motor vehicle offense who is not released 18
under conditions of release applicable to adults shall be held, pending his or her 19
appearance before the District Court, in a facility as defined in KRS 15A.067. 20
Children sixteen (16) years of age or older who are convicted of, or plead guilty to, 21
a motor vehicle offense shall, if sentenced to a term of confinement, be placed in a 22
facility for that period of confinement preceding their eighteenth birthday and an 23
adult detention facility for that period of confinement subsequent to their eighteenth 24
birthday. The term "motor vehicle offense" shall not be deemed to include the 25
offense of stealing or converting a motor vehicle nor operating the same without the 26
owner's consent nor any offense which constitutes a felony; 27 UNOFFICIAL COPY 24 RS BR 925
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(2) Unless otherwise exempted by KRS Chapters 600 to 645, the juvenile session of the 1
District Court of each county or the family division of the Circuit Court shall have 2
exclusive jurisdiction in proceedings concerning any child living or found within 3
the county who has not reached his or her eighteenth birthday and who allegedly: 4
(a) Is beyond the control of the school or beyond the control of parents as defined 5
in KRS 600.020; 6
(b) Is an habitual truant from school; 7
(c) Is an habitual runaway from his or her parent or other person exercising 8
custodial control or supervision of the child; 9
(d) Is dependent, neglected, or abused; 10
(e) Has committed an alcohol offense in violation of KRS 244.085;[ or] 11
(f) Is mentally ill; or 12
(g) Has committed a tobacco, alternative nicotine, or vapor product offense in 13
violation of Section 3 or 6 of this Act. 14
(3) Actions brought under subsection (1) of this section shall be considered to be public 15
offense actions. 16
(4) Actions brought under subsection (2)(a), (b), (c),[ and] (e), and (g) of this section 17
shall be considered to be status offense actions. 18
(5) Actions brought under subsection (2)(d) of this section shall be considered to be 19
nonoffender actions. 20
(6) Actions brought under subsection (2)(f) of this section shall be considered to be 21
mental health actions. 22
(7) Nothing in this chapter shall deprive other courts of the jurisdiction to determine the 23
custody or guardianship of children upon writs of habeas corpus or to determine the 24
custody or guardianship of children when such custody or guardianship is incidental 25
to the determination of other causes pending in such other courts; nor shall anything 26
in this chapter affect the jurisdiction of Circuit Courts over adoptions and 27 UNOFFICIAL COPY 24 RS BR 925
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proceedings for termination of parental rights. 1
(8) The court shall have no jurisdiction to make permanent awards of custody of a child 2
except as provided by KRS 620.027. 3
(9) If the court finds an emergency to exist affecting the welfare of a child, or if the 4
child is eligible for the relative or fictive kin caregiver assistance as established in 5
KRS 620.142, it may make temporary orders for the child's custody; however, if the 6
case involves allegations of dependency, neglect, or abuse, no emergency removal 7
or temporary custody orders shall be effective unless the provisions of KRS Chapter 8
620 are followed. Such orders shall be entirely without prejudice to the proceedings 9
for permanent custody of the child and shall remain in effect until modified or set 10
aside by the court. Upon the entry of a temporary or final judgment in the Circuit 11
Court awarding custody of such child, all prior orders of the juvenile session of the 12
District Court in conflict therewith shall be deemed canceled. This section shall not 13
work to deprive the Circuit Court of jurisdiction over cases filed in Circuit Court. 14
(10) The court of each county wherein a public offense, as defined in subsection (1) of 15
this section, is committed by a child who is a resident of another county of this state 16
shall have concurrent jurisdiction over such child with the court of the county 17
wherein the child resides or the court of the county where the child is found. 18
Whichever court first acquires jurisdiction of such child may proceed to final 19
disposition of the case, or in its discretion may make an order transferring the case 20
to the court of the county of the child's residence or the county wherein the offense 21
was committed, as the case may be. 22
(11) Nothing in this chapter shall prevent the court from holding a child in contempt of 23
court to enforce valid court orders previously issued by the court, subject to the 24
requirements contained in KRS 610.265 and 630.080. 25
(12) Except as provided in KRS 635.060(4), 630.120(5), or 635.090, nothing in this 26
chapter shall confer upon the District Court or the family division of the Circuit 27 UNOFFICIAL COPY 24 RS BR 925
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Court, as appropriate, jurisdiction over the actions of the Department of Juvenile 1
Justice or the cabinet in the placement, care, or treatment of a child committed to 2
the Department of Juvenile Justice or committed to or in the custody of the cabinet; 3
or to require the department or the cabinet to perform, or to refrain from 4
performing, any specific act in the placement, care, or treatment of any child 5
committed to the department or committed to or in the custody of the cabinet. 6
(13) Unless precluded by KRS Chapter 635 or 640, in addition to informal adjustment, 7
the court shall have the discretion to amend the petition to reflect jurisdiction 8
pursuant to the proper chapter of the Kentucky Unified Juvenile Code. 9
(14) The court shall have continuing jurisdiction over a child pursuant to subsection (1) 10
of this section, to review dispositional orders, and to conduct permanency hearings 11
under 42 U.S.C. sec. 675(5)(c) until the child is placed for adoption, returned home 12
to his or her parents with all the court imposed conditions terminated, completes a 13
disposition pursuant to KRS 635.060, or reaches the age of eighteen (18) years. 14
Section 9. KRS 630.020 is amended to read as follows: 15
The court shall have exclusive jurisdiction in proceedings concerning any child living, or 16
found within the district, who allegedly: 17
(1) Has been an habitual runaway from his or her parent or person exercising custodial 18
control or supervision of the child; 19
(2) Is beyond the control of the school or beyond the control of parents as defined in 20
KRS 600.020; 21
(3) Has been an habitual truant from school;[ or] 22
(4) Has committed an alcohol offense under KRS 244.085; or 23
(5) Has committed a tobacco, alternative nicotine, or vapor product offense in 24
violation of Section 3 or 6 of this Act. 25
Section 10. KRS 138.195 is amended to read as follows: 26
(1) (a) No person other than a manufacturer shall acquire cigarettes in this state on 27 UNOFFICIAL COPY 24 RS BR 925
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which the Kentucky cigarette tax has not been paid, nor act as a resident 1
wholesaler, nonresident wholesaler, vending machine operator, sub-jobber, 2
transporter or unclassified acquirer of such cigarettes without first obtaining a 3
license from the department as set out in this section. 4
(b) No person shall act as a distributor of tobacco products or vapor products 5
without first obtaining a license from the department as set out in this section. 6
(c) For licenses effective for periods beginning on or after July 1, 2015, no 7
individual, entity, or any other group or combination acting as a unit may be 8
eligible to obtain a license under this section if the individual, or any partner, 9
director, principal officer, or manager of the entity or any other group or 10
combination acting as a unit has been convicted of or entered a plea of guilty 11
or nolo contendere to: 12
1. A crime relating to the reporting, distribution, sale, or taxation of 13
cigarettes, tobacco products, or vapor products; or 14
2. A crime involving fraud, falsification of records, improper business 15
transactions or reporting; 16
for ten (10) years from the expiration of probation or final discharge from 17
parole or maximum expiration of sentence. 18
(2) (a) Each resident wholesaler shall secure a separate license for each place of 19
business at which cigarette tax evidence is affixed or at which cigarettes on 20
which the Kentucky cigarette tax has not been paid are received. 21
(b) Each nonresident wholesaler shall secure a separate license for each place of 22
business at which evidence of Kentucky cigarette tax is affixed or from where 23
Kentucky cigarette tax is reported and paid. 24
(c) Each license shall be secured on or before July 1 of each year. 25
(d) Each licensee shall pay the sum of five hundred dollars ($500) for each year, 26
or portion thereof, for which each license is secured. 27 UNOFFICIAL COPY 24 RS BR 925
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(3) (a) Each sub-jobber shall secure a separate license for each place of business 1
from which cigarettes, upon which the cigarette tax has been paid, are made 2
available to retailers, whether the place of business is located within or 3
without this state. 4
(b) Each license shall be secured on or before July 1 of each year. 5
(c) Each licensee shall pay the sum of five hundred dollars ($500) for each year, 6
or portion thereof, for which each license is secured. 7
(4) (a) Each vending machine operator shall secure a license for the privilege of 8
dispensing cigarettes, on which the cigarette tax has been paid, by vending 9
machines. 10
(b) Each license shall be secured on or before July 1 of each year. 11
(c) Each licensee shall pay the sum of twenty-five dollars ($25) for each year, or 12
portion thereof, for which each license is secured. 13
(d) No vending machine shall be operated within this Commonwealth without 14
having prominently affixed thereto the name of its operator and the license 15
number assigned to that operator by the department. 16
(e) The department shall prescribe by administrative regulation the manner in 17
which the information shall be affixed to the vending machine. 18
(5) (a) Each transporter shall secure a license for the privilege of transporting 19
cigarettes within this state. 20
(b) Each license shall be secured on or before July 1 of each year. 21
(c) Each licensee shall pay the sum of fifty dollars ($50) for each year, or portion 22
thereof, for which each license is secured. 23
(d) No transporter shall transport any cigarettes without having in actual 24
possession an invoice or bill of lading therefor, showing: 25
1. The name and address of the consignor and consignee; 26
2. The date acquired by the transporter; 27 UNOFFICIAL COPY 24 RS BR 925
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3. The name and address of the transporter; 1
4. The quantity of cigarettes being transported; and 2
5. The license number assigned to the transporter by the department. 3
(6) Each unclassified acquirer shall secure a license for the privilege of acquiring 4
cigarettes on which the cigarette tax has not been paid. The license shall be secured 5
on or before July 1 of each year. Each licensee shall pay the sum of fifty dollars 6
($50) for each year, or portion thereof, for which the license is secured. 7
(7) (a) 1. Each distributor shall secure a license for the privilege of selling tobacco 8
products or vapor products in this state. Each license shall be secured on 9
or before July 1 of each year, and each licensee shall pay the sum of five 10
hundred dollars ($500) for each year, or portion thereof, for which the 11
license is secured. 12
2. a. A resident wholesaler, nonresident wholesaler, or subjobber 13
licensed under this section may also obtain and maintain a 14
distributor's license at each place of business at no additional cost 15
each year. 16
b. An unclassified acquirer licensed under this section may also 17
obtain and maintain a distributor's license for the privilege of 18
selling tobacco products or vapor products in this state. The 19
license shall be secured on or before July 1 of each year, and each 20
licensee shall pay the sum of four hundred fifty dollars ($450) for 21
each year, or portion thereof, for which the license is secured. 22
3. The department may, upon application, grant a distributor's license to a 23
person other than a retailer and who is not otherwise required to hold a 24
distributor's license under this paragraph. If the department grants the 25
license, the licensee shall pay the sum of five hundred dollars ($500) for 26
each year, or portion thereof, for which the license is secured, and the 27 UNOFFICIAL COPY 24 RS BR 925
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licensee shall be subject to the excise tax in the same manner and 1
subject to the same requirements as a distributor required to be licensed 2
under this paragraph. 3
(b) The department may, upon application, grant a retail distributor's license to a 4
retailer for the privilege of purchasing tobacco products or vapor products 5
from a distributor not licensed by the department. If the department grants the 6
license, the licensee shall pay the sum of one hundred dollars ($100) for each 7
year, or portion thereof, for which the license is secured. 8
(8) Nothing in KRS 138.130 to 138.205 shall be construed to prevent the department 9
from requiring a person to purchase more than one (1) license if the nature of that 10
person's business is so diversified as to justify the requirement. 11
(9) (a) The department may by administrative regulation require any person 12
requesting a license or holding a license under this section to supply such 13
information concerning his or her business, sales or any privilege exercised, 14
as is deemed reasonably necessary for the regulation of the licensees, and to 15
protect the revenues of the state. 16
(b) Failure on the part of the applicant or licensee to: 17
1. Comply with KRS 131.600 to 131.630, 138.130 to 138.205, 248.752, or 18
248.754 or Section 4 of this Act, or any administrative regulations 19
promulgated thereunder; or 20
2. Permit an inspection of premises, machines, or vehicles by an authorized 21
agent of the department at any reasonable time; 22
shall be grounds for the denial or revocation of any license issued by the 23
department, after due notice and a hearing by the department. 24
(c) The commissioner may assign a time and place for the hearing and may 25
appoint a conferee who shall conduct a hearing, receive evidence, and hear 26
arguments. 27 UNOFFICIAL COPY 24 RS BR 925
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(d) The conferee shall thereupon file a report with the commissioner together 1
with a recommendation as to the denial or revocation of the license. 2
(e) From any denial or revocation made by the commissioner on the report, the 3
licensee may prosecute an appeal to the Board of Tax Appeals pursuant to 4
KRS 49.220. 5
(f) Any person whose license has been revoked for the willful violation of any 6
provision of KRS 131.600 to 131.630, 138.130 to 138.205, 248.752, or 7
248.754 or Section 4 of this Act, or any administrative regulations 8
promulgated thereunder shall not be entitled to any license provided for in this 9
section, or have any interest in any license, either disclosed or undisclosed, 10
either as an individual, partnership, corporation or otherwise, for a period of 11
two (2) years after the revocation. 12
(10) No license issued pursuant to this section shall be transferable or negotiable, except 13
that a license may be transferred between an individual and a corporation if that 14
individual is the exclusive owner of that corporation, or between a subsidiary 15
corporation and its parent corporation. 16
(11) Every manufacturer located or doing business in this state and the first person to 17
import cigarettes into this state shall keep written records of all shipments of 18
cigarettes to persons within this state, and shall submit to the department monthly 19
reports of such shipments. All books, records, invoices, and documents required by 20
this section shall be preserved in a form prescribed by the department for not less 21
than four (4) years from the making of the records unless the department authorizes, 22
in writing, the destruction of the records. 23
(12) No person licensed under this section except nonresident wholesalers shall either 24
sell to or purchase from any other such licensee untax-paid cigarettes. 25
(13) (a) Licensed distributors of tobacco products or vapor products shall pay and 26
report the tobacco products tax or vapor products tax on or before the 27 UNOFFICIAL COPY 24 RS BR 925
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twentieth day of the calendar month following the month in which the 1
possession or title of the tobacco products or vapor products are transferred 2
from the licensed distributor to retailers or consumers in this state, as the case 3
may be. 4
(b) Retailers who have applied for and been granted a retail distributor's license 5
for the privilege of purchasing tobacco products or vapor products from a 6
person who is not a distributor licensed under KRS 138.195(7)(a) shall report 7
and pay the tobacco products tax or vapor products tax on or before the 8
twentieth day of the calendar month following the month in which the 9
products are acquired by the licensed retail distributors. 10
(c) If the distributor or retail distributor timely reports and pays the tax due, the 11
distributor or retail distributor may deduct an amount equal to one percent 12
(1%) of the tax due. 13
(d) The department shall promulgate administrative regulations setting forth the 14
details of the reporting requirements. 15
(14) A tax return shall be filed for each reporting period whether or not tax is due. 16
(15) Any license issued by the department under this section shall not be construed to 17
waive or condone any violation that occurred or may have occurred prior to the 18
issuance of the license and shall not prevent subsequent proceedings against the 19
licensee. 20
(16) (a) The department may deny the issuance of a license under this section if: 21
1. The applicant has made any material false statement on the application 22
for the license; or 23
2. The applicant has violated any provision of KRS 131.600 to 131.630, 24
138.130 to 138.205, 248.754, or 248.756 or Section 4 of this Act, or any 25
administrative regulations promulgated thereunder. 26
(b) If the department denies the applicant a license under this section, the 27 UNOFFICIAL COPY 24 RS BR 925
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department shall notify the applicant of the grounds for the denial, and the 1
applicant may request a hearing and appeal the denial as provided in 2
subsection (9) of this section. 3