13RS HB361
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HB361

13RS

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HB 361/FN (BR 430) - R. Rand, T. Riner, S. Santoro, W. Stone, T. Thompson

     AN ACT relating to the taxation of tobacco products.
     Amend KRS 138.130 to define and redefine terms; amend KRS 138.140 to replace the tax imposed on wholesalers of moist snuff and other tobacco products with an excise tax on distributors for the privilege of selling tobacco products in this state, effective August 1, 2013; tax moist snuff at 19 cents per unit; tax loose-leaf chewing tobacco at 19 cents per single unit, 40 cents per half-pound unit, or 65 cents per pound unit, and an additional 19 cents for each increment of four ounces or more over 16 ounces; tax all tobacco products, except moist snuff and loose leaf chewing tobacco, at 15 percent of the manufacturer's sales price; amend KRS 138.195 to require a $500 license fee to be paid annually by each distributor and a $100 license fee to be paid annually by each retail distributor; allow distributors and retail distributors to retain 1% of the tax due for timely reporting and paying the tax; require monthly reporting by manufacturers of tobacco products; require distributor to report and pay the tax on a monthly basis; create a new section of KRS 138.130 to 138.205 to require manufacturers, distributors, retail distributors, and retailers to keep records for not less than four years; provide for the seizure, forfeiture, and destruction of contraband tobacco products and the seizure, forfeiture, and sale of personal property used in connection with the sale or possession of contraband tobacco products; reporting requirements EFFECTIVE July 1, 2013; seizure and forfeiture provisions EFFECTIVE January 1, 2014; remaining sections EFFECTIVE August 1, 2013.

HB 361 - AMENDMENTS


     HCS/FN - Retain the original provisions; require the excise tax to be separately stated on the invoice to retailers; require a licensed unclassified acquirer of cigarettes applying for a distributor's license to sell tobacco products including snuff to pay an annual license fee of $450; make conforming changes; EFFECTIVE August 1, 2013.
     SCS - Make technical corrections.
     SCA (1/Title, E. Harris) - Make title amendment.
     SCA (2/FN, E. Harris) - Amend KRS 141.010 to exempt the discharge of indebtedness from the sale of a principal residence for taxable years beginning on or after January 1, 2013.
     SFA (1/Title, E. Harris) - Make title amendment.

     Feb 13-introduced in House
     Feb 14-to Appropriations & Revenue (H)
     Feb 15-posted in committee
     Feb 19-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Feb 20-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Friday, February 22, 2013
     Feb 22-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; 3rd reading, passed 83-11 with Committee Substitute
     Feb 25-received in Senate
     Feb 27-to Appropriations & Revenue (S)
     Mar 5-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendments (1-title) and (2); floor amendment (1-title) filed
     Mar 6-2nd reading, to Rules
     Mar 7-posted for passage in the Regular Orders of the Day for Thursday, March 7, 2013; 3rd reading; committee amendments (1-title) and (2) withdrawn ; floor amendment (1-title) withdrawn ; passed 33-3 with Committee Substitute
     Mar 11-received in House; to Rules (H)
     Mar 12-taken from Rules; posted for passage for concurrence in Senate Committee Substitute ; House concurred in Senate Committee Substitute ; passed 81-14; enrolled, signed by each presiding officer; delivered to Governor
     Mar 22-signed by Governor (Acts Chapter 97)

Vote History
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