SB 82 (BR 1065) - G. Tapp, R. Roeding
AN ACT relating to wineries.
Amend KRS 243.255 to delete provision allowing a small winery to sell and transport wine directly to a retail drink or retail package license holder; amend KRS 244.165 to add a provision allowing a winery from another state that produces 50,000 gallons or less to ship wine to a customer in Kentucky if the wine is purchased by the customer in person at the winery and is shipped by a common carrier; limit wine to two cases; amend KRS 260.166 to require the Kentucky Grape and Wine Council to report its activities by November 1 of each year to the Interim Joint Committee on Licensing and Occupations; create a new section of KRS Chapter 260 to establish the Kentucky small wineries support fund; earmark funds and establish terms for winery promotion, for low-interest or no-interest loans to small wineries for disaster relief, and for fees to participating licensed wholesalers who agree to distribute small winery products; require the Kentucky Grape and Wine Council to promulgate administrative regulations to implement new provisions with maximum economic impact; require moneys designated for a purpose to be used exclusively for designated purpose; create an exception; establish the Kentucky Grape and Wine Council Fund Advisory Committee, under the jurisdiction of the Kentucky Grape and Wine Council, to consist of four members to serve without compensation and to advise the council regarding implementation; amend KRS 260.165 to permit appointed members of the Kentucky Grape and Wine Council to be removed for nonattendance of meetings; amend KRS 241.010 to define terms; amend KRS 243.030, 243.037, 243.884, 244.050, and 100.111 to conform; create new section of KRS Chapter 244 to establish labeling laws; repeal KRS 243.186; declare an EMERGENCY.
SB 82 - AMENDMENTS
SCS - Retain original provisions; except delete language dedicating 30 percent of moneys in support fund for disaster relief and lower percent of money dedicated to distributors from 40 to 30 percent; reassign 25 percent of fund, effective fiscal year 2006-2007 for promotion and marketing purposes and effective fiscal year 2007-2008 and thereafter for the hiring of an enologist, viticulturist, and technician; assign 10 percent of money to academic research and five percent for the administrative expenses of the Wine and Grape Council.
SCA (1/Title, G. Tapp) - Make title amendment.
SFA (1, G. Tapp) - Reinstate tax exemption for small wineries making wine with grapes, juices, honey and other products not from Kentucky; cause tax exemption to expire as of June 30, 2008.
SFA (2, G. Tapp) - Retain original provisions; make participation by licensed wholesalers in the Kentucky Wine and Grape Council small wineries wine distribution program mandatory rather than voluntary; restrict the small winery's wine used to meet the 10,000 gallon limit for participation to wine that is offered for sale through a licensed wholesaler; direct a small winery to pay its own distribution costs if it produces more than 10,000 gallons of wine in a year; prohibit a wholesaler from receiving moneys from the fund for distribution services for wineries that exceed the 10,000 gallon threshold.
HCS (1/FN) - Retain original provisions except decrease the amount of moneys in the fund from $750,000 to $400,000; reallocate moneys; provide $200,000 for the promotion and marketing of small farm wineries; require that marketing promotions be developed by the Kentucky Grape and Wine Council in collaboration with the Kentucky Department of Agriculture and the Kentucky Department of Tourism; provide that $100,000 be used by the Kentucky Grape and Wine Council in collaboration with the Kentucky Departments of Tourism and Agriculture to establish a local marketing cost-share program; provide $75,000 for payment to wholesalers that participate in the wine distribution program; create a small farm winery wholesalers' license; set out duties and privileges of the small winery wholesaler; amend the statute on incompatible licenses to require the state director to deny the application for a license to any party who has any, rather than a substantial interest in an incompatible license.
HCS (2/FN) - Retain provisions of HCS 1, except amend the provisions of KRS 243.110 to apply to entities besides corporations; amend KRS 243.884 to make the exemption of small farm wineries from the alcohol wholesale tax permanent for out-of-state small farm wineries; allow small farm winery wholesaler licensees to have their licensed premises on or in the licensed premises of a small farm winery; provide that small farm wineries may continue to sell to retail package or retail drink license holders until the new small farm winery wholesaler's license is available; provide that the provisions of the Act take effect on January 1, 2007.
HCA (1/Title, C. Miller) - Make title amendment.
Jan 13-introduced in Senate
Jan 18-to Licensing, Occupations & Administrative Regulations (S)
Jan 24-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
Jan 25-2nd reading, to Rules
Jan 30-floor amendments (1) and (2) filed to Committee Substitute
Feb 1-posted for passage in the Regular Orders of the Day for Tuesday, February 7, 2006
Feb 6-returned to Rules; posted for passage for Monday, February 6, 2006; 3rd reading, passed 30-4 with Committee Substitute, committee amendment (1-title), floor amendments (1) and (2)
Feb 7-received in House
Feb 10-to Licensing and Occupations (H)
Feb 13-posted in committee
Mar 15-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
Mar 16-2nd reading, to Rules
Mar 17-recommitted to Appropriations and Revenue (H); posted in committee
Mar 21-reported favorably, to Rules with Committee Substitute (2) ; posted for passage in the Regular Orders of the Day for Wednesday, March 22, 2006
Mar 22-3rd reading, passed 75-23 with Committee Substitute (2), committee amendment (1-title) ; received in Senate
Apr 10-posted for passage for concurrence in House Committee Substitute (2), committee amendment (1-title) as a Consent Bill; Senate concurred in House Committee Substitute (2), committee amendment (1) ; passed 34-3; enrolled, signed by President of the Senate
Apr 11-enrolled, signed by Speaker of the House; delivered to Governor
Apr 18-signed by Governor (Acts ch. 179)