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AN ACT relating to products containing nicotine. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 438.305 is amended to read as follows: 3
As used in KRS 438.305 to 438.350[438.340], unless the context requires otherwise: 4
(1) (a) "Alternative nicotine product" means a noncombustible product containing 5
nicotine that is intended for human consumption, whether chewed, absorbed, 6
dissolved, or ingested by any other means. 7
(b) "Alternative nicotine product" does not include any product regulated as a 8
drug or device by the United States Food and Drug Administration under 9
Chapter V of the Food, Drug, and Cosmetic Act; 10
(2) "Authorized vapor product" means a vapor product containing nicotine for which 11
the manufacturer has obtained: 12
(a) Authorization from the FDA; or 13
(b) A safe harbor certification; 14
(3) "Commissioner" means the commissioner of the Department of Alcoholic 15
Beverage Control; 16
(4) "Contraband property" means any article, item, or property, except real property, 17
that is used or intended to be used in violation of KRS 438.305 to 438.350; 18
(5)[(3)] "Department" means the Department of Alcoholic Beverage Control; 19
(6) "Distributor" means any person who distributes alternative nicotine products, 20
tobacco products, or authorized vapor products for the purpose of being sold at 21
retail; 22
(7)[(4)] "FDA" means the United States Food and Drug Administration; 23
(8) "Investigator" means any employee or agent of the department who is regularly 24
employed and whose primary function is to visit and inspect the premises of a 25
retail establishment and any employee or agent of the department who is 26
assigned, temporarily or permanently, by the commissioner in connection with 27 UNOFFICIAL COPY 25 RS BR 261
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the administration of KRS 438.305 to 438.350; 1
(9)[(5)] "Manufacturer" means any person who manufactures or produces tobacco 2
products within or without this Commonwealth; 3
(10)[(6)] "Nonresident wholesaler" means any person who purchases cigarettes or other 4
tobacco products directly from the manufacturer and maintains a permanent 5
location or locations outside this state at which Kentucky cigarette tax evidence is 6
attached or from which Kentucky cigarette tax is reported and paid; 7
(11) "Premises" means the land and building upon which any business operating 8
under KRS 438.305 to 438.350 is operated; 9
(12)[(7)] "Proof of age" means a driver's license or other documentary or written 10
evidence of an individual's age; 11
(13)[(8)] "Resident wholesaler" means any person who purchases at least seventy-five 12
percent (75%) of all cigarettes or other tobacco products purchased by that person 13
directly from the cigarette manufacturer on which the cigarette tax provided for in 14
KRS 138.130 to 138.205 is unpaid, and who maintains an established place of 15
business in this state at which the person attaches cigarette tax evidence or receives 16
untaxed cigarettes; 17
(14)[(9)] "Retailer" means any person, online or in person, who sells tobacco products, 18
alternative nicotine products, or vapor products to a consumer for any purpose other 19
than resale; 20
(15)[(10)] "Safe harbor certification": 21
(a) Means a certification provided by a manufacturer establishing that a vapor 22
product: 23
1. Falls within a safe harbor established by the FDA by the manufacturer's 24
timely pursuing the path to market described in subparagraph 2. of this 25
paragraph; and 26
2. Is a nicotine product containing tobacco-derived nicotine that was 27 UNOFFICIAL COPY 25 RS BR 261
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commercially marketed in the United States as of August 8, 2016, for 1
which the manufacturer submitted a premarket tobacco product 2
application on or before September 9, 2020, to the FDA that: 3
a. Remains under review, but has not received either a marketing 4
denial order or a marketing granted order; 5
b. Has received a marketing denial order, but remains under a stay by 6
the FDA or continues to be subject to an appeal to or review by a 7
court of competent jurisdiction; or 8
c. Has had a marketing denial order that has been rescinded by the 9
FDA or vacated by a court of competent jurisdiction; 10
(b) Shall contain a copy of the first page of the communication from the FDA 11
reflecting an acceptance for review or the submission tracking number or, if 12
on appeal, a copy of the first page of the document filed with the applicable 13
agency or court; and 14
(c) May be provided and maintained in hard copy or in electronic form; 15
(16)[(11)] "Sample" means a tobacco product, alternative nicotine product, or vapor 16
product distributed to members of the general public at no cost; 17
(17)[(12)] "Subjobber" means any person who purchases tobacco products, on which the 18
Kentucky cigarette tax has been paid, from a wholesaler licensed pursuant to KRS 19
138.195, and makes them available to a retail establishment for resale; 20
(18)[(13)] "Tobacco noncompliance database and reporting system" means the database 21
of retailers that have violated KRS 438.312 or 438.316 developed and maintained 22
by the department under Section 16 of this Act[KRS 438.307]; 23
(19)[(14)] (a) "Tobacco product" means any cigarette, cigar, snuff, smokeless tobacco 24
product, smoking tobacco, chewing tobacco, and any kind or form of tobacco 25
prepared in a manner suitable for chewing or smoking, or both, or any kind or 26
form of tobacco that is suitable to be placed in a person's mouth. "Tobacco 27 UNOFFICIAL COPY 25 RS BR 261
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product" also means any product made or derived from tobacco that is 1
intended for human consumption, including any component, part, or accessory 2
of a tobacco product, except for raw materials other than tobacco used in 3
manufacturing any component, part, or accessory of a tobacco product, in 4
accordance with the federal Tobacco Control Act, Pub. L. No. 111-31. 5
(b) "Tobacco product" does not include any alternative nicotine product, vapor 6
product, or product regulated as a drug or device by the United States Food 7
and Drug Administration under Chapter V of the Food, Drug, and Cosmetic 8
Act; 9
(20) "Trade show" means an event where businesses gather to exhibit their products 10
and services and may include marketing and sales of those products and services; 11
(21)[(15)] "Unauthorized vapor product": 12
(a) Means any vapor product that has not been authorized by the FDA; and 13
(b) Does not include a vapor product for which the manufacturer has received: 14
1. A marketing granted order or other authorization to market from the 15
FDA; or 16
2. A safe harbor certification; and 17
(22)[(16)] (a) "Vapor product" means any noncombustible product that employs a 18
heating element, battery, power source, electronic circuit, or other electronic, 19
chemical, or mechanical means, regardless of shape or size and including the 20
component parts and accessories thereto, that can be used to deliver vaporized 21
nicotine or other substances to users inhaling from the device. "Vapor 22
product" includes but is not limited to any device deemed to be an electronic 23
nicotine delivery system by the United States Food and Drug Administration, 24
any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, 25
or similar product or device and every variation thereof, regardless of whether 26
marketed as such, and any vapor cartridge or other container of a liquid 27 UNOFFICIAL COPY 25 RS BR 261
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solution or other material that is intended to be used with or in an electronic 1
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar 2
product or device. 3
(b) "Vapor product" does not include any product regulated as a drug or device 4
by the United States Food and Drug Administration under Chapter V of the 5
Food, Drug, and Cosmetic Act. 6
SECTION 2. A NEW SECTION OF KRS 438.305 TO 438.350 IS CREATED 7
TO READ AS FOLLOWS: 8
(1) (a) The Division of Tobacco, Nicotine, and Vapor Product Licensing is hereby 9
created and established within the Department of Alcoholic Beverage 10
Control. 11
(b) The Division of Tobacco, Nicotine, and Vapor Product Licensing shall be 12
managed by a division director, whose appointment shall be subject to KRS 13
12.050. 14
(2) The Division of Tobacco, Nicotine, and Vapor Licensing shall carry out 15
enforcement provisions of KRS 438.305 to 438.350 as they relate to the regulation 16
of alternative nicotine products, tobacco products, or vapor products, including 17
promulgating administrative regulations that govern the sale and distribution of 18
alternative nicotine products, tobacco products, and vapor products. 19
SECTION 3. A NEW SECTION OF KRS 438.305 TO 438.350 IS CREATED 20
TO READ AS FOLLOWS: 21
Department investigators shall have the full police powers of peace officers, and their 22
jurisdiction shall be coextensive with the state. They may inspect any premises where 23
alternative nicotine products, tobacco products, or vapor products are manufactured, 24
sold, stored, or otherwise trafficked in, without first obtaining a search warrant. They 25
may confiscate any contraband property. 26
SECTION 4. A NEW SECTION OF KRS 438.305 TO 438.350 IS CREATED 27 UNOFFICIAL COPY 25 RS BR 261
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TO READ AS FOLLOWS: 1
(1) (a) Beginning December 1, 2025, a person, firm, or corporation shall not: 2
1. Operate as a retailer selling alternative nicotine products, tobacco 3
products, or authorized vapor products in or on any premises in the 4
Commonwealth without first obtaining a tobacco, nicotine, or vapor 5
product license issued by the department; or 6
2. Sell an alternative nicotine product, tobacco product, or authorized 7
vapor product at retail to a customer except through a face-to-face 8
sales transaction at a licensed tobacco or vapor product business. 9
(b) Any person who, by himself or herself or through another, directly or 10
indirectly, violates paragraph (a)1. of this section shall, for the first offense, 11
be guilty of a Class B misdemeanor; for the second offense, he or she shall 12
be guilty of a Class A misdemeanor; and for the third and each subsequent 13
offense, he or she shall be guilty of a Class D felony. 14
(2) Persons engaged in the display, exhibition, or sale of alternative nicotine 15
products, tobacco products, or authorized vapor products at trade shows or 16
exhibitions shall not be required to obtain a license, provided that: 17
(a) Access to the portion of the trade show's venue where alternative nicotine 18
products, tobacco products, or authorized vapor products are displayed, 19
offered for sale, or sold is restricted to persons who are over the age of 20
twenty-one (21); and 21
(b) A manufacturer, distributor, or retailer whose alternative nicotine products, 22
tobacco products, or authorized vapor products are displayed, offered for 23
sale, or sold at the venue shall verify the purchaser is over the age of 24
twenty-one (21) prior to commencing the retail sale transaction for any 25
alternative nicotine product, tobacco product, or vapor product. 26
SECTION 5. A NEW SECTION OF KRS 438.305 TO 438.350 IS CREATED 27 UNOFFICIAL COPY 25 RS BR 261
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TO READ AS FOLLOWS: 1
(1) The department shall: 2
(a) Investigate the information provided in each application for a tobacco, 3
nicotine, or vapor product license; and 4
(b) If the tobacco, nicotine, or vapor product license is approved, 5
notwithstanding Sections 15 and 16 of this Act, random inspections or 6
compliance checks of the licensee shall be conducted not less than once 7
annually during normal business hours or as deemed appropriate by the 8
commissioner. 9
(2) Any violation found during a compliance check shall result in revocation of the 10
tobacco, nicotine, or vapor product license and be rechecked by the department's 11
enforcement division after a notice of violation is issued to the licensee. 12
SECTION 6. A NEW SECTION OF KRS 438.305 TO 438.350 IS CREATED 13
TO READ AS FOLLOWS: 14
(1) Each application for a tobacco, nicotine, or vapor product license shall be made 15
in a form prescribed by the department, accompanied with a nonrefundable 16
application fee of fifty dollars ($50) and any supporting documentation required 17
by the department. The application fee shall be applied to the licensing fee if the 18
license is issued. If no license is issued, it shall be retained by the department. 19
(2) A tobacco, nicotine, or vapor product license shall: 20
(a) Be renewed annually; 21
(b) Remain in full force and effect for one (1) year from the date of issuance 22
unless it is surrendered by the licensee, suspended, or revoked; and 23
(c) Posted in a conspicuous place in the premises of the business where 24
alternative nicotine products, tobacco products, or authorized vapor 25
products are sold. 26
(3) (a) The fee for each license shall be two hundred fifty dollars ($250) per year 27 UNOFFICIAL COPY 25 RS BR 261
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for each licensed premises and the fee shall be made payable to State 1
Treasury. 2
(b) All of the fees paid into the State Treasury for state licenses shall be 3
credited to a revolving trust and agency account, as provided in KRS 45.253 4
for the department. 5
(4) The license shall not be transferred from one (1) person to another or from one 6
(1) premises to another premises. 7
(5) A new license shall be required when a retailer has a change in ownership. 8
SECTION 7. A NEW SECTION OF KRS 438.305 TO 438.350 IS CREATED 9
TO READ AS FOLLOWS: 10
(1) The commissioner shall approve or deny every application for a tobacco, nicotine, 11
or vapor products license. 12
(2) If the application is denied, the: 13
(a) License shall not be issued; 14
(b) Applicant shall be notified of the commissioner's denial which shall include 15
the reason for the denial; and 16
(c) Applicant may appeal the denial and request an administrative hearing on 17
the matter in accordance with KRS Chapter 13B. 18
(3) (a) If the commissioner revokes a license pursuant to Section 5 or 8 of this Act, 19
the commissioner shall: 20
1. Notify the applicant within ten (10) days of the decision to revoke the 21
license; 22
2. Upon the request of a denied applicant, commence a hearing on the 23
license revocation in accordance with KRS Chapter 13B; and 24
3. Issue a final order explaining the decision and facts supporting the 25
license revocation. 26
(b) Revocation of a license subject to KRS 438.305 to 438.350 for any reason 27 UNOFFICIAL COPY 25 RS BR 261
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shall result in the inability of a retailer to reapply for a license for two (2) 1
years. 2
(c) A final order of the commissioner shall be appealable to the Franklin 3
Circuit Court. 4
SECTION 8. A NEW SECTION OF KRS 438.305 TO 438.350 IS CREATED 5
TO READ AS FOLLOWS: 6
A license may be revoked or suspended by the commissioner for a violation of any of 7
the following: 8
(1) Any of the provisions of KRS 438.305 to 438.350; 9
(2) Any administrative regulation of the department relating to the regulation of the 10
manufacture, sale, and transportation of alternative nicotine products, tobacco 11
products, or vapor products; 12
(3) Any administrative regulation of the Department of Revenue relating to the 13
taxation of alternative nicotine products, tobacco products, or vapor products; 14
(4) Any act of Congress or any rule or regulation of any federal board, agency, or 15
commission; 16
(5) Any of the laws, regulations, or ordinances referred to in this section when an 17
agent, servant, or employee of the licensee committed the violation, irrespective of 18
whether the licensee knew of or permitted the violation or whether the violation 19
was committed and disobedience of the licensees instructions; 20
(6) Any cause which the department in the exercise of it sound discretion deems 21
sufficient; or 22
(7) Any of the reasons for which the commissioner would have been required to deny 23
a license if existing material facts have been known. 24
Section 9. KRS 438.308 is amended to read as follows: 25
(1) A manufacturer of vapor products shall only sell authorized vapor products. 26
(2) A manufacturer shall provide an applicable safe harbor certification to a wholesaler 27 UNOFFICIAL COPY 25 RS BR 261
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or retailer when selling a vapor product that has not been authorized by the FDA. 1
(3) If the FDA or a court of competent jurisdiction takes final action that removes a 2
vapor product from safe harbor certification or authorized to market status, the 3
manufacturer shall provide notice of the final action to any wholesaler or retailer 4
that has purchased the vapor product from the manufacturer within thirty (30) days 5
of the final action being taken. 6
(4) A manufacturer that provides false or misleading information in a safe harbor 7
certification or other notice to retailers or wholesalers violates this section and shall 8
be subject to a fine of: 9
(a) Twenty-five thousand dollars ($25,000) for a first citation issued for a 10
violation of this section; 11
(b) Fifty thousand dollars ($50,000) for a second citation issued for a violation of 12
this section; and 13
(c) Seventy-five thousand dollars ($75,000) for a third or subsequent citation 14
issued for a violation of this section. 15
(5) This section shall not apply to manufacturers of vapor products that are not 16
intended for resale in this state. 17
Section 10. KRS 438.309 is amended to read as follows: 18
(1) A wholesaler shall not sell: 19
(a) Authorized vapor products to a retailer until the wholesaler verifies that the 20
retailer is not in the tobacco noncompliance database and reporting system; or 21
(b) Unauthorized vapor products. 22
(2) Any wholesaler that violates this section shall be subject to a fine of: 23
(a) Five thousand dollars ($5,000) for a first citation issued for a violation of this 24
section; and 25
(b) Fifteen thousand dollars ($15,000) for a second or subsequent citation issued 26
for a violation of this section. 27 UNOFFICIAL COPY 25 RS BR 261
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(3) This section shall not apply to wholesalers of vapor products that are not intended 1
for resale in this state. 2
Section 11. KRS 438.310 is amended to read as follows: 3
(1) No person shall sell or cause to be sold any tobacco product,[ or] alternative 4
nicotine product, or authorized vapor product at retail to any person under the age 5
of twenty-one (21), or solicit any person under the age of twenty-one (21) to 6
purchase any tobacco product,[ or] alternative nicotine product, or authorized 7
vapor product at retail. 8
(2) Any person who sells tobacco products,[ or] alternative nicotine products, or 9
authorized vapor products at retail shall cause to be posted in a conspicuous place 10
in his or her establishment a notice stating that it is illegal to sell tobacco products, 11
alternative nicotine products, or vapor products to persons under age twenty-one 12
(21). 13
(3) Any person selling tobacco products, alternative nicotine products, or vapor 14
products shall require proof of age from a prospective buyer or recipient if the 15
person has reason to believe that the prospective buyer or recipient is under the age 16
of twenty-one (21). 17
(4) A person who violates[ subsection (1) or (2) of] this section shall be subject to a: 18
(a) One hundred dollar ($100) fine to the retail sales clerk for a first violation 19
and a notice to the owner of retail establishment which details the violation; 20
(b) One hundred dollar ($100) fine to the retail sales clerk and an additional 21
five hundred dollar ($500) fine to the owner of a retail establishment for a 22
second violation; 23
(c) One hundred dollar ($100) fine to the retail sales clerk and an additional 24
one thousand dollar ($1,000) fine to the owner of a retail establishment for 25
a third violation; and 26
(d) Revocation of the tobacco, nicotine, or vapor products license upon a fourth 27 UNOFFICIAL COPY 25 RS BR 261
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violation, which shall result in the inability to reapply for a license for two 1
(2) years[ fine of not less than one hundred dollars ($100) nor more than five 2
hundred dollars ($500) for a first violation and a fine of not less than five 3
hundred dollars ($500) nor more than one thousand dollars ($1,000) for any 4
subsequent violation. The fine shall be administered by the Department of 5
Alcoholic Beverage Control using a civil enforcement procedure]. 6
(5) The fine shall be imposed and collected by the department using a civil 7
enforcement procedure. 8
(6) A retailer shall be prohibited from renewing its license until all fines incurred 9
under KRS 438.305 to 438.350 are paid. 10
Section 12. KRS 438.311 is amended to read as follows: 11
(1) Except for the provisions of KRS 438.330, it shall be unlawful for a person who has 12
not attained the age of twenty-one (21) years to purchase or accept receipt of or to 13
attempt to purchase or accept receipt of a tobacco product, alternative nicotine 14
product, or vapor product, or to present or offer to any person any purported proof 15
of age which is false, fraudulent, or not actually his or her own, for the purpose of 16
purchasing or receiving any tobacco product, alternative nicotine product, or vapor 17
product. It shall not be unlawful for such a person to accept receipt of a tobacco 18
product, alternative nicotine product, or vapor product from an employer when 19
required in the performance of the person's duties. 20
(2) All peace officers with general law enforcement authority and 21
investigators[employees] of the department[ of Alcoholic Beverage Control] may 22
confiscate the tobacco product, alternative nicotine product, or vapor product of a 23
person under the age of twenty-one (21) who has violated this section. 24
Notwithstanding any provision of law to the contrary, no other penalty shall apply 25
to a person under the age of twenty-one (21) for a violation of this section. 26
Section 13. KRS 438.313 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 261
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(1) A[No] wholesaler, retailer, or manufacturer of cigarettes, tobacco products, or 1
alternative nicotine products, shall not[may] distribute cigarettes, tobacco products, 2
or alternative nicotine products, including samples thereof, free of charge or 3
otherwise, to any person under the age of twenty-one (21). 4
(2) A distributor shall not distribute alternative nicotine products, tobacco products, 5
or vapor products to any retailer: 6
(a) Whose license has been revoked; or 7
(b) That is in the tobacco noncompliance database and reporting system. 8
(3) Any person who distributes cigarettes, tobacco products, or alternative nicotine 9
products, including samples thereof, free of charge or otherwise shall require proof 10
of age from a prospective buyer or recipient if the person has reason to believe that 11
the prospective purchaser or recipient is under the age of twenty-one (21). 12
(4)[(3)] Any person who violates the provisions of this section shall be fined not less 13
than one thousand dollars ($1,000) nor more than two thousand five hundred dollars 14
($2,500) for each offense. The fine shall be administered by the department[ of 15
Alcoholic Beverage Control] using a civil enforcement procedure for persons 16
eighteen (18) years of age or older. 17
(5)[(4)] All peace officers with general law enforcement authority and 18
investigators[employees] of the department[ of Alcoholic Beverage Control] may 19
issue a uniform citation, but may not make an arrest[,] or take a child into custody, 20
for a violation of this section. 21
Section 14. KRS 438.316 is amended to read as follows: 22
(1) A retailer shall not sell an unauthorized vapor product to any person. 23
(2) Except as provided in subsection (3) of this section, any retailer selling vapor 24
products shall obtain from the manufacturer an applicable safe harbor certification 25
and shall maintain a copy of the certification at the physical location where the 26
vapor product is being sold. 27 UNOFFICIAL COPY 25 RS BR 261
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(3) A retailer is not required to obtain a safe harbor certification for vapor products if 1
those products were purchased from a Kentucky-licensed resident wholesaler. 2
(4) Any retailer that violates this section shall be: 3
(a) Subject to a fine of: 4
1. One thousand dollars ($1,000) for the first citation issued for a violation 5
of this section; and 6
2. Five thousand dollars ($5,000) for a second or subsequent citation 7
issued for a violation of this section; and 8
(b) Placed in the tobacco noncompliance database and reporting system and lose 9
the ability to lawfully sell vapor products for one (1) year for any third or 10
subsequent citation issued for a violation within a two (2) year period. 11
(5) A retailer in the tobacco noncompliance database and reporting system that sells 12
vapor products that are unauthorized vapor products shall be subject to a fine of ten 13
thousand dollars ($10,000) per unlawful transaction. 14
(6) Any retailer with unpaid fines under this section that are more than sixty (60) days 15
overdue shall lose the ability to lawfully sell vapor products until the fines are paid. 16
(7) A retailer shall have an affirmative defense to a violation of selling an unauthorized 17
vapor product if the retailer can establish: 18
(a) Proof of an official material change in the status of a vapor product under 19
review by the FDA within forty-five (45) days of the issuance of the citation; 20
or 21
(b) A safe harbor certification for the vapor product exists onsite at the retail 22
location at the time the citation was issued. 23
(8) This section shall not apply to retailers of vapor products that are not intended 24
for resale in this state. 25
Section 15. KRS 438.330 is amended to read as follows: 26
(1) Except as provided in Section 5 of this Act, the Department of Alcoholic Beverage 27 UNOFFICIAL COPY 25 RS BR 261
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Control and the Department of Agriculture shall carry out annually conducted 1
random, unannounced inspections of retail establishments where tobacco products, 2
alternative nicotine products, or vapor products are sold or distributed for the 3
purpose of enforcing the provisions of KRS 438.305 to 438.350[438.340]. The 4
inspections shall be conducted to the extent necessary to assure that the 5
Commonwealth remains in compliance with Pub. L. No.[Public Law] 102-321 and 6
applicable federal regulations. The department[ of Alcoholic Beverage Control] and 7
the Department of Agriculture shall also ensure that targeted inspections are 8
conducted at those retail establishments where, and at those times when, persons 9
under the age of twenty-one (21) years are most likely to purchase tobacco 10
products, alternative nicotine products, or vapor products. Persons under the age of 11
twenty-one (21) years may be used to test compliance with the provisions of KRS 12
438.305 to 438.350[438.340] only if the testing is conducted under the direct 13
supervision of the department[ of Alcoholic Beverage Control], sheriff, or chief of 14
police, or their employees, and written parental consent has been obtained. The 15
department[ of Alcoholic Beverage Control] shall prepare annually, for submission 16
by the Governor to the Secretary of the United States Department of Health and 17
Human Services, the report required by Section 1926 of Subpart 1 of Part B of Title 18
XIX of the Federal Public Health Service Act. 19
(2) The department[ of Alcoholic Beverage Control] shall develop and implement the 20
survey sampling methodologies to carry out the inspections as described in this 21
section. 22
Section 16. KRS 438.337 is amended to read as follows: 23
(1) The department[ of Alcoholic Beverage Control] shall carry out the enforcement 24
provisions of KRS 438.305 to 438.350[438.340]. 25
(2) (a) 1. The department[ of Alcoholic Beverage Control] shall be entitled to the 26
revenue produced by one-twentieth of one cent ($0.0005) of the three-27 UNOFFICIAL COPY 25 RS BR 261
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cent ($0.03) per pack revenue collected by the Finance and 1
Administration Cabinet from the state excise tax on the sale of cigarettes 2
as imposed by KRS 138.140. 3
2. One hundred percent (100%) of the license and application fees 4
imposed by Section 6 of this Act unless the license is denied shall[ to] 5
be deposited in a trust and agency account created in the State 6
Treasury.[, and ] 7
(b) One hundred percent (100%) of the fines collected under KRS 438.305 to 8
438.350 shall be retained by the department. 9
(c) The department shall[to] keep fifty percent (50%) of any fines collected 10
under KRS 438.305 to 438.350[438.340] to offset the costs of enforcement. 11
The remaining fifty percent (50%) of funds shall go to a youth program 12
directed at targeting and educating youth on the dangers of tobacco 13
products, alternative nicotine products, and vapor products[ of KRS 438.305 14
to 438.340]. 15
(3) The department[ of Alcoholic Beverage Control] shall be responsible for 16
maintaining statistics for compilation of required reports to be submitted to the 17
United States Department of Health and Human Services. 18
(4) The department[ of Alcoholic Beverage Control] shall devise a plan and 19
timeframe[time frame] for enforcement to determine by random inspection if the 20
percentage of retailers or distributors making illegal sales to persons under the age 21
of twenty-one (21) does or does not exceed federal guidelines preventing tobacco 22
sales to persons under the age of twenty-one (21). 23
(5) On the first day of each month, the department shall update and publish on its 24
website the list of retailers of authorized vapor products provided by the Secretary 25
of State under KRS 438.306. 26
(6) The department shall develop, maintain, and utilize a coordinated tobacco 27 UNOFFICIAL COPY 25 RS BR 261
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noncompliance database and reporting system to: 1
(a) Identify the retailers that have violated KRS 438.312 or Section 14 of this 2
Act; and 3
(b) Publish that information on its website on the first day of each month. 4
Section 17. KRS 438.340 is amended to read as follows: 5
The department[ of Alcoholic Beverage Control] and the Department of Agriculture are 6
authorized to promulgate administrative regulations pursuant to KRS Chapter 13A as 7
necessary to implement and carry out the provisions of KRS 438.305 to 8
438.350[438.340], including establishing a procedure for administering citations, 9
issuing orders, and filing appeals under this section and Section 8 of this Act for any 10
violation of the provisions of KRS 438.305 to 438.350, order of the commissioner, or 11
administrative regulations promulgated by the department. 12
Section 18. KRS 438.350 is amended to read as follows: 13
(1) No person under the age of twenty-one (21) shall possess or use tobacco products, 14
alternative nicotine products, or vapor products. 15
(2) Any tobacco product, alternative nicotine product, or vapor product found in the 16
possession of a person under the age of twenty-one (21) and in plain view of the 17
law enforcement officer shall be confiscated by the law enforcement officer making 18
the charge. 19
(3) Any person under the age of twenty-one (21) years found possessing or 20
consuming an alternative nicotine product, tobacco product, or vapor product 21
may be required to participate in a perform community service program or attend 22
a tobacco cessation program. 23
(4)[(3)] This section shall not apply to persons exempted as provided by KRS 438.311 24
and 438.330. 25
[(4) The terms "alternative nicotine product," "tobacco product," and "vapor product," 26
shall have the same meanings as in KRS 438.305.] 27 UNOFFICIAL COPY 25 RS BR 261
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Section 19. KRS 241.020 is amended to read as follows: 1
(1) The department shall administer statutes relating to, and regulate traffic in, 2
alcoholic beverages, except that the collection of taxes shall be administered by the 3
Department of Revenue. The department may issue advisory opinions and 4
declaratory rulings related to KRS Chapters 241 to 244 and the administrative 5
regulations promulgated under those chapters. 6
(2) A Division of Distilled Spirits, under the supervision of the board, shall administer 7
the laws in relation to traffic in distilled spirits and wine. 8
(3) A Division of Malt Beverages, under the supervision of the board, shall administer 9
the laws in relation to traffic in malt beverages. 10
(4) A Division of Tobacco and Vapor Licensing, under the supervision of the division 11
director, shall administer the laws in relation to traffic in alternative nicotine 12
products, tobacco products, or authorized vapor products under KRS 438.305 to 13
438.350. 14
Section 20. KRS 438.300 is amended to read as follows: 15
It is the intent of the Legislature that KRS 438.305 to 438.350[438.340] shall be enforced 16
in an equitable and uniform manner throughout the Commonwealth. For the purpose of 17
equitable and uniform enforcement, the provisions of KRS 438.305 to 438.350[438.340] 18
shall supersede any subsequently enacted local law, ordinance, or regulation which 19
relates to the use, display, sale, or distribution of tobacco products. It is the intent of the 20
Legislature that KRS 438.305 to 438.350[438.340] be enforced so as to ensure the 21
eligibility for and receipt of any federal funds or grants that the Commonwealth of 22
Kentucky now receives or may receive relating to the provisions of KRS 438.305 to 23
438.350[438.340]. 24
Section 21. KRS 438.325 is amended to read as follows: 25
(1) Each owner of a retail establishment selling or distributing tobacco products, 26
alternative nicotine products, or vapor products shall notify each individual 27 UNOFFICIAL COPY 25 RS BR 261
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employed in the retail establishment as a retail sales clerk that the sale of tobacco 1
products, alternative nicotine products, or vapor products to any person under the 2
age of twenty-one (21) years and the purchase of tobacco products, alternative 3
nicotine products, or vapor products by any person under the age of twenty-one (21) 4
years are prohibited. 5
(2) Each owner of a retail establishment selling or distributing tobacco products, 6
alternative nicotine products, or vapor products shall notify each individual 7
employed in the retail establishment as a retail sales clerk that proof of age is 8
required from a prospective buyer or recipient if the person has reason to believe 9
that the prospective purchaser or recipient is under the age of twenty-one (21). 10
(3) The notice to employees that is required in subsection (1) of this section shall be 11
provided before the person commences work as a retail sales clerk, or, in the case of 12
a person employed as a retail sales clerk on March 26, 2020, within thirty (30) days 13
of that date. The employee shall signify receipt of the notice required by this section 14
by signing a form that states as follows: 15
"I understand that under the law of the Commonwealth of Kentucky it is illegal to 16
sell or distribute tobacco products, alternative nicotine products, or vapor products 17
to persons under the age of twenty-one (21) years and that it is illegal for persons 18
under the age of twenty-one (21) years to purchase tobacco products, alternative 19
nicotine products, or vapor products." 20
(4) The owner of the retail establishment shall maintain the signed notice that is 21
required pursuant to subsection (3) of this section in a place and in a manner so as 22
to be easily accessible to any employee of the Department of Alcoholic Beverage 23
Control or the Department of Agriculture conducting an inspection of the retail 24
establishment for the purpose of monitoring compliance in limiting the sale or 25
distribution of tobacco products, alternative nicotine products, or vapor products to 26
persons under the age of twenty-one (21) as provided in KRS 438.305 to 27 UNOFFICIAL COPY 25 RS BR 261
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438.350[438.340]. 1
(5) Any owner of the retail establishment violating subsections (1) to (4) of this section 2
shall be subject to a fine of not less than one hundred dollars ($100) nor more than 3
five hundred dollars ($500) for each violation. The fine shall be administered by the 4
Department of Alcoholic Beverage Control in a civil enforcement procedure. 5
Section 22. KRS 438.335 is amended to read as follows: 6
The Department of Agriculture shall carry out the provisions of KRS 438.305 to 7
438.350[438.340] as they relate to educating the public and sellers of tobacco products, 8
alternative nicotine products, or vapor products about provisions and penalties of KRS 9
438.305 to 438.350[438.340]. The Department of Agriculture shall be entitled to the 10
revenue produced by one-twentieth of one cent ($0.0005) of the three-cent ($0.03) per 11
pack revenue collected by the Department of Revenue from the state excise tax on the 12
sale of cigarettes as imposed by KRS 138.140 and to keep fifty percent (50%) of any 13
fines collected under KRS 438.305 to 438.350[438.340] to offset the costs of these 14
education efforts. 15
Section 23. KRS 630.120 is amended to read as follows: 16
(1) All dispositional hearings conducted under this chapter shall be conducted in 17
accordance with the provisions of KRS 610.060 and 610.070. In addition, the court 18
shall, at the time the dispositional order is issued: 19
(a) Give the child adequate and fair written warning of the consequences of the 20
violation of the order; and 21
(b) Provide the child and the child's attorney, and parent, or legal guardian a 22
written statement setting forth the conditions of the order and the 23
consequences for violating the order. 24
An order issued pursuant to this section is a valid court order and any child 25
violating that order may be subject to the provisions of KRS 630.080(4). 26
(2) The court shall consider all appropriate local remedies to aid the child and the 27 UNOFFICIAL COPY 25 RS BR 261
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child's family subject to the following conditions: 1
(a) Residential and nonresidential treatment programs for status offenders shall 2
be community-based and nonsecure; and 3
(b) With the approval of the education agency, the court may place the child in a 4
nonsecure public or private education agency accredited by the Department of 5
Education. 6
(3) At the disposition of a child adjudicated on a petition brought pursuant to this 7
chapter, all information helpful in making a proper disposition, including oral and 8
written reports, shall be received by the court provided that the child, the child's 9
parents, their counsel, the prosecuting attorney, the child's counsel, or other 10
interested parties as determined by the judge shall be afforded an opportunity to 11
examine and controvert the reports. For good cause, the court may allow the 12
admission of hearsay evidence. 13
(4) The court shall affirmatively determine that all appropriate remedies have been 14
considered and exhausted to assure that the least restrictive alternative method of 15
treatment is utilized. 16
(5) The court may order the child and the child's family to participate in any programs 17
which are necessary to effectuate a change in the child and the family. 18
(6) When all appropriate resources have been reviewed and considered insufficient to 19
adequately address the needs of the child and the child's family, the court may, 20
except as provided in subsection (7) of this section, commit the child to the cabinet 21
for such services as may be necessary. The cabinet shall consider all appropriate 22
local remedies to aid the child and the child's family subject to the following 23
conditions: 24
(a) Treatment programs for status offenders shall be, unless excepted by federal 25
law, community-based and nonsecure; 26
(b) The cabinet may place the child in a nonsecure public or private education 27 UNOFFICIAL COPY 25 RS BR 261
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agency accredited by the department of education; 1
(c) The cabinet may initiate proceedings pursuant to KRS 610.160 when the 2
parents fail to participate in the cabinet's treatment programs; and 3
(d) The cabinet may discharge the child from commitment after providing ten 4
(10) days' prior written notice to the committing court which may object to 5
such discharge by holding court review of the commitment under KRS 6
610.120. 7
(7) No child adjudicated guilty of an alcohol offense under KRS 244.085 or a tobacco 8
offense under KRS 438.305 to 438.350[438.340] shall be committed as a result of 9
that adjudication. 10
Section 24. KRS 12.020 (Effective July 1, 2025) is amended to read as follows: 11
Departments, program cabinets and their departments, and the respective major 12
administrative bodies that they include are enumerated in this section. It is not intended 13
that this enumeration of administrative bodies be all-inclusive. Every authority, board, 14
bureau, interstate compact, commission, committee, conference, council, office, or any 15
other form of organization shall be included in or attached to the department or program 16
cabinet in which they are included or to which they are attached by statute or statutorily 17
authorized executive order; except in the case of the Personnel Board and where the 18
attached department or administrative body is headed by a constitutionally elected 19
officer, the attachment shall be solely for the purpose of dissemination of information and 20
coordination of activities and shall not include any authority over the functions, 21
personnel, funds, equipment, facilities, or records of the department or administrative 22
body. 23
I. Cabinet for General Government - Departments headed by elected officers: 24
(1) The Governor. 25
(2) Lieutenant Governor. 26
(3) Department of State. 27 UNOFFICIAL COPY 25 RS BR 261
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(a) Secretary of State. 1
(b) Board of Elections. 2
(c) Registry of Election Finance. 3
(4) Department of Law. 4
(a) Attorney General. 5
(5) Department of the Treasury. 6
(a) Treasurer. 7
(6) Department of Agriculture. 8
(a) Commissioner of Agriculture. 9
(b) Agricultural Development Board. 10
(c) Kentucky Agricultural Finance Corporation. 11
(7) Auditor of Public Accounts. 12
(a) Commonwealth Office of the Ombudsman. 13
II. Program cabinets headed by appointed officers: 14
(1) Justice and Public Safety Cabinet: 15
(a) Department of Kentucky State Police. 16
1. Office of Administrative Services. 17
a. Division of Operational Support. 18
b. Division of Management Services. 19
2. Office of Operations. 20
a. Division of West Troops. 21
b. Division of East Troops. 22
c. Division of Special Enforcement. 23
d. Division of Commercial Vehicle Enforcement. 24
3. Office of Technical Services. 25
a. Division of Forensic Sciences. 26
b. Division of Electronic Services. 27 UNOFFICIAL COPY 25 RS BR 261
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c. Division of Records Management. 1
(b) Department of Criminal Justice Training. 2
(c) Department of Corrections. 3
(d) Department of Juvenile Justice. 4
(e) Office of the Secretary. 5
(f) Office of Drug Control Policy. 6
(g) Office of Legal Services. 7
(h) Office of the Kentucky State Medical Examiner. 8
(i) Parole Board. 9
(j) Kentucky State Corrections Commission. 10
(k) Office of Legislative and Intergovernmental Services. 11
(l) Office of Human Resource Management. 12
1. Division of Human Resource Administration. 13
2. Division of Employee Management. 14
(m) Department of Public Advocacy. 15
(n) Office of Communications. 16
1. Information Technology Services Division. 17
(o) Office of Financial Management Services. 18
1. Division of Financial Management. 19
(p) Grants Management Division. 20
(2) Energy and Environment Cabinet: 21
(a) Office of the Secretary. 22
1. Office of Legislative and Intergovernmental Affairs. 23
2. Office of Legal Services. 24
a. Legal Division I. 25
b. Legal Division II. 26
3. Office of Administrative Hearings. 27 UNOFFICIAL COPY 25 RS BR 261
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4. Office of Communication. 1
5. Mine Safety Review Commission. 2
6. Office of Kentucky Nature Preserves. 3
7. Kentucky Public Service Commission. 4
(b) Department for Environmental Protection. 5
1. Office of the Commissioner. 6
2. Division for Air Quality. 7
3. Division of Water. 8
4. Division of Environmental Program Support. 9
5. Division of Waste Management. 10
6. Division of Enforcement. 11
7. Division of Compliance Assistance. 12
(c) Department for Natural Resources. 13
1. Office of the Commissioner. 14
2. Division of Mine Permits. 15
3. Division of Mine Reclamation and Enforcement. 16
4. Division of Abandoned Mine Lands. 17
5. Division of Oil and Gas. 18
6. Division of Mine Safety. 19
7. Division of Forestry. 20
8. Division of Conservation. 21
9. Office of the Reclamation Guaranty Fund. 22
(d) Office of Energy Policy. 23
1. Division of Energy Assistance. 24
(e) Office of Administrative Services. 25
1. Division of Human Resources Management. 26
2. Division of Financial Management. 27 UNOFFICIAL COPY 25 RS BR 261
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3. Division of Information Services. 1
(3) Public Protection Cabinet. 2
(a) Office of the Secretary. 3
1. Office of Communications and Public Outreach. 4
2. Office of Legal Services. 5
a. Insurance Legal Division. 6
b. Alcoholic Beverage Control Legal Division. 7
c. Housing, Buildings and Construction Legal Division. 8
d. Financial Institutions Legal Division. 9
e. Professional Licensing Legal Division. 10
3. Office of Administrative Hearings. 11
4. Office of Administrative Services. 12
a. Division of Human Resources. 13
b. Division of Fiscal Responsibility. 14
(b) Office of Claims and Appeals. 15
1. Board of Tax Appeals. 16
2. Board of Claims. 17
3. Crime Victims Compensation Board. 18
(c) Kentucky Boxing and Wrestling Commission. 19
(d) Department of Alcoholic Beverage Control. 20
1. Division of Distilled Spirits. 21
2. Division of Malt Beverages. 22
3. Division of Enforcement. 23
4. Division of Tobacco, Nicotine, and Vapor Product Licensing. 24
(e) Department of Financial Institutions. 25
1. Division of Depository Institutions. 26
2. Division of Non-Depository Institutions. 27 UNOFFICIAL COPY 25 RS BR 261
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3. Division of Securities. 1
(f) Department of Housing, Buildings and Construction. 2
1. Division of Fire Prevention. 3
2. Division of Plumbing. 4
3. Division of Heating, Ventilation, and Air Conditioning. 5
4. Division of Building Code Enforcement. 6
(g) Department of Insurance. 7
1. Division of Health and Life Insurance and Managed Care. 8
2. Division of Property and Casualty Insurance. 9
3. Division of Administrative Services. 10
4. Division of Financial Standards and Examination. 11
5. Division of Licensing. 12
6. Division of Insurance Fraud Investigation. 13
7. Division of Consumer Protection. 14
(h) Department of Professional Licensing. 15
1. Real Estate Authority. 16
2. Division of Real Property Boards. 17
(4) Transportation Cabinet: 18
(a) Department of Highways. 19
1. Office of Project Development. 20
2. Office of Project Delivery and Preservation. 21
3. Office of Highway Safety. 22
4. Highway District Offices One through Twelve. 23
(b) Department of Vehicle Regulation. 24
(c) Department of Aviation. 25
(d) Department of Rural and Municipal Aid. 26
1. Office of Local Programs. 27 UNOFFICIAL COPY 25 RS BR 261
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2. Office of Rural and Secondary Roads. 1
(e) Office of the Secretary. 2
1. Office of Public Affairs. 3
2. Office for Civil Rights and Small Business Development. 4
3. Office of Budget and Fiscal Management. 5
4. Office of Inspector General. 6
5. Secretary's Office of Safety. 7
(f) Office of Support Services. 8
(g) Office of Transportation Delivery. 9
(h) Office of Audits. 10
(i) Office of Human Resource Management. 11
(j) Office of Information Technology. 12
(k) Office of Legal Services. 13
(5) Cabinet for Economic Development: 14
(a) Office of the Secretary. 15
1. Office of Legal Services. 16
2. Department for Business and Community Development. 17
a. Development and Retention Division – West Kentucky. 18
b. Development, Retention, and Administrative Division – 19
Central and East Kentucky. 20
c. Community and Workforce Development Division. 21
3. Department for Financial Services. 22
a. Kentucky Economic Development Finance Authority. 23
b. Finance and Personnel Division. 24
c. IT and Resource Management Division. 25
d. Compliance Division. 26
e. Program Administration Division. 27 UNOFFICIAL COPY 25 RS BR 261
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f. Bluegrass State Skills Corporation. 1
g. The GRANT Commission. 2
4. Office of Strategy and Public Affairs. 3
a. Marketing and Communications Division. 4
b. Research and Strategy Division. 5
5. Office of Entrepreneurship and Innovation. 6
a. Commission on Small Business Innovation and Advocacy. 7
(6) Cabinet for Health and Family Services: 8
(a) Office of the Secretary. 9
1. Office of Public Affairs. 10
2. Office of Legal Services. 11
3. Office of Inspector General. 12
4. Office of Human Resource Management. 13
5. Office of Finance and Budget. 14
6. Office of Legislative and Regulatory Affairs. 15
7. Office of Administrative Services. 16
8. Office of Application Technology Services. 17
9. Office of Data Analytics. 18
10. Office of Medical Cannabis. 19
a. Division of Enforcement and Compliance. 20
b. Division of Licensure and Access. 21
(b) Department for Public Health. 22
(c) Department for Medicaid Services. 23
(d) Department for Behavioral Health, Developmental and Intellectual 24
Disabilities. 25
(e) Department for Aging and Independent Living. 26
(f) Department for Community Based Services. 27 UNOFFICIAL COPY 25 RS BR 261
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(g) Department for Family Resource Centers and Volunteer Services. 1
(7) Finance and Administration Cabinet: 2
(a) Office of the Secretary. 3
(b) Office of the Inspector General. 4
(c) Office of Legislative and Intergovernmental Affairs. 5
(d) Office of General Counsel. 6
(e) Office of the Controller. 7
(f) Office of Administrative Services. 8
(g) Office of Policy and Audit. 9
(h) Department for Facilities and Support Services. 10
(i) Department of Revenue. 11
(j) Commonwealth Office of Technology. 12
(k) State Property and Buildings Commission. 13
(l) Office of Equal Employment Opportunity and Contract Compliance. 14
(m) Kentucky Employees Retirement Systems. 15
(n) Commonwealth Credit Union. 16
(o) State Investment Commission. 17
(p) Kentucky Housing Corporation. 18
(q) Kentucky Local Correctional Facilities Construction Authority. 19
(r) Kentucky Turnpike Authority. 20
(s) Historic Properties Advisory Commission. 21
(t) Kentucky Higher Education Assistance Authority. 22
(u) Kentucky River Authority. 23
(v) Kentucky Teachers' Retirement System Board of Trustees. 24
(w) Executive Branch Ethics Commission. 25
(x) Office of Fleet Management. 26
(8) Tourism, Arts and Heritage Cabinet: 27 UNOFFICIAL COPY 25 RS BR 261
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(a) Kentucky Department of Tourism. 1
1. Division of Tourism Services. 2
2. Division of Marketing and Administration. 3
3. Division of Communications and Promotions. 4
(b) Kentucky Department of Parks. 5
1. Division of Information Technology. 6
2. Division of Human Resources. 7
3. Division of Financial Operations. 8
4. Division of Purchasing. 9
5. Division of Facilities. 10
6. Division of Park Operations. 11
7. Division of Sales, Marketing, and Customer Service. 12
8. Division of Engagement. 13
9. Division of Food Services. 14
10. Division of Rangers. 15
(c) Department of Fish and Wildlife Resources. 16
1. Division of Law Enforcement. 17
2. Division of Administrative Services. 18
3. Division of Engineering, Infrastructure, and Technology. 19
4. Division of Fisheries. 20
5. Division of Information and Education. 21
6. Division of Wildlife. 22
7. Division of Marketing. 23
(d) Kentucky Horse Park. 24
1. Division of Support Services. 25
2. Division of Buildings and Grounds. 26
3. Division of Operational Services. 27 UNOFFICIAL COPY 25 RS BR 261
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(e) Kentucky State Fair Board. 1
1. Office of Administrative and Information Technology Services. 2
2. Office of Human Resources and Access Control. 3
3. Division of Expositions. 4
4. Division of Kentucky Exposition Center Operations. 5
5. Division of Kentucky International Convention Center. 6
6. Division of Public Relations and Media. 7
7. Division of Venue Services. 8
8. Division of Personnel Management and Staff Development. 9
9. Division of Sales. 10
10. Division of Security and Traffic Control. 11
11. Division of Information Technology. 12
12. Division of the Louisville Arena. 13
13. Division of Fiscal and Contract Management. 14
14. Division of Access Control. 15
(f) Office of the Secretary. 16
1. Office of Finance. 17
2. Office of Government Relations and Administration. 18
(g) Office of Legal Affairs. 19
(h) Office of Human Resources. 20
(i) Office of Public Affairs and Constituent Services. 21
(j) Office of Arts and Cultural Heritage. 22
(k) Kentucky African-American Heritage Commission. 23
(l) Kentucky Foundation for the Arts. 24
(m) Kentucky Humanities Council. 25
(n) Kentucky Heritage Council. 26
(o) Kentucky Arts Council. 27 UNOFFICIAL COPY 25 RS BR 261
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(p) Kentucky Historical Society. 1
1. Division of Museums. 2
2. Division of Oral History and Educational Outreach. 3
3. Division of Research and Publications. 4
4. Division of Administration. 5
(q) Kentucky Center for the Arts. 6
1. Division of Governor's School for the Arts. 7
(r) Kentucky Artisans Center at Berea. 8
(s) Northern Kentucky Convention Center. 9
(t) Eastern Kentucky Exposition Center. 10
(9) Personnel Cabinet: 11
(a) Office of the Secretary. 12
(b) Department of Human Resources Administration. 13
(c) Office of Employee Relations. 14
(d) Kentucky Public Employees Deferred Compensation Authority. 15
(e) Office of Administrative Services. 16
(f) Office of Legal Services. 17
(g) Governmental Services Center. 18
(h) Department of Employee Insurance. 19
(i) Office of Diversity, Equality, and Training. 20
(j) Office of Public Affairs. 21
(10) Education and Labor Cabinet: 22
(a) Office of the Secretary. 23
1. Office of Legal Services. 24
a. Workplace Standards Legal Division. 25
b. Workers' Claims Legal Division. 26
c. Workforce Development Legal Division. 27 UNOFFICIAL COPY 25 RS BR 261
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2. Office of Administrative Services. 1
a. Division of Human Resources Management. 2
b. Division of Fiscal Management. 3
c. Division of Operations and Support Services. 4
3. Office of Technology Services. 5
a. Division of Information Technology Services. 6
4. Office of Policy and Audit. 7
5. Office of Legislative Services. 8
6. Office of Communications. 9
7. Office of the Kentucky Center for Statistics. 10
8. Board of the Kentucky Center for Statistics. 11
9. Early Childhood Advisory Council. 12
10. Governors' Scholars Program. 13
11. Governor's School for Entrepreneurs Program. 14
12. Foundation for Adult Education. 15
(b) Department of Education. 16
1. Kentucky Board of Education. 17
2. Kentucky Technical Education Personnel Board. 18
3. Education Professional Standards Board. 19
(c) Board of Directors for the Center for School Safety. 20
(d) Department for Libraries and Archives. 21
(e) Kentucky Environmental Education Council. 22
(f) Kentucky Educational Television. 23
(g) Kentucky Commission on the Deaf and Hard of Hearing. 24
(h) Department of Workforce Development. 25
1. Career Development Office. 26
2. Office of Vocational Rehabilitation. 27 UNOFFICIAL COPY 25 RS BR 261
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a. Division of Kentucky Business Enterprise. 1
b. Division of the Carl D. Perkins Vocational Training Center. 2
c. Division of Blind Services. 3
d. Division of Field Services. 4
e. Statewide Council for Vocational Rehabilitation. 5
f. Employment First Council. 6
3. Office of Employer and Apprenticeship Services. 7
a. Division of Apprenticeship. 8
4. Kentucky Apprenticeship Council. 9
5. Division of Technical Assistance. 10
6. Office of Adult Education. 11
7. Office of the Kentucky Workforce Innovation Board. 12
(i) Department of Workplace Standards. 13
1. Division of Occupational Safety and Health Compliance. 14
2. Division of Occupational Safety and Health Education and 15
Training. 16
3. Division of Wages and Hours. 17
(j) Office of Unemployment Insurance. 18
(k) Kentucky Unemployment Insurance Commission. 19
(l) Department of Workers' Claims. 20
1. Division of Workers' Compensation Funds. 21
2. Office of Administrative Law Judges. 22
3. Division of Claims Processing. 23
4. Division of Security and Compliance. 24
5. Division of Specialist and Medical Services. 25
6. Workers' Compensation Board. 26
(m) Workers' Compensation Funding Commission. 27 UNOFFICIAL COPY 25 RS BR 261
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(n) Kentucky Occupational Safety and Health Standards Board. 1
(o) State Labor Relations Board. 2
(p) Employers' Mutual Insurance Authority. 3
(q) Kentucky Occupational Safety and Health Review Commission. 4
(r) Workers' Compensation Nominating Committee. 5
(s) Office of Educational Programs. 6
(t) Kentucky Workforce Innovation Board. 7
(u) Kentucky Commission on Proprietary Education. 8
(v) Kentucky Work Ready Skills Advisory Committee. 9
(w) Kentucky Geographic Education Board. 10
(x) Disability Determination Services Program. 11
III. Other departments headed by appointed officers: 12
(1) Council on Postsecondary Education. 13
(2) Department of Military Affairs. 14
(3) Department for Local Government. 15
(4) Kentucky Commission on Human Rights. 16
(5) Kentucky Commission on Women. 17
(6) Department of Veterans' Affairs. 18
(7) Kentucky Commission on Military Affairs. 19
(8) Office of Minority Empowerment. 20
(9) Governor's Council on Wellness and Physical Activity. 21
(10) Kentucky Communications Network Authority. 22
Section 25. The following KRS section is repealed: 23
438.307 Enforcement by Department of Alcoholic Beverage Control -- Online 24
publication of list of retailers of authorized vapor products. 25
Section 26. This Act takes effect January 1, 2026. 26