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HB71/HM (BR326) - J. Jenkins, R. Meeks, J. Richards, S. Westrom

     AN ACT relating to treatment for alcohol and other drug abuse.
     Amend KRS 222.005 to define "incapacitated by alcohol and other drug abuse"; amend KRS 222.431 to permit a person meeting the definition of "incapacitated by alcohol and other drug abuse" to be court ordered to treatment; amend KRS 222.432 to provide that court-ordered alcohol and other drug abuse treatment may be covered by a third-party payor; amend KRS 222.433 to require the court to review previous drug or alcohol assessments and drug tests in an order for treatment and require the court to review previous drug or alcohol assessments or drug tests if a respondent has failed to participate in a physical examination; amend KRS 222.470 to require Medicaid and private insurers to use comparative medical necessity and reimbursement methodology to cover alcohol and other drug abuse treatment services.


     SCS1/HM - Retain original provisions of the bill, except to create new sections of KRS Chapter 205 to create a process for providers to request an administrative appeals hearing from the Department for Medicaid Services for reimbursement by a Medicaid managed care organization; limit attorneys' fees to state rate established pursuant to KRS 21A.160; require the party that did not prevail to pay $100 fee to the cabinet; EFFECTIVE JULY 1, 2015.
     SCS2 - Retain original provisions of HB 71/GA; amend KRS 241.010 to define "bed and breakfast," "discount in the usual course of business," and "marina"; expand the definition of "alcoholic beverage" to include a powder or crystal containing alcohol; amend KRS 241.020, 241.030, 241.080, 241.090, 243.035, 243.037, 243.040, 243.380, 243.430, 243.470, 243.550, and 244.590 to describe the powers, duties, titles, and qualifications of the administrators of the Division of Distilled Spirits and the Division of Malt Beverages; amend KRS 241.060, 242.1292, 243.100, 243.110, 243.160, 243.200, 243.220, 243.250, 243.360, 243.390, 243.440, 243.490, 243.520, 243.530, 243.560, 243.620, 243.640, 243.650, 243.660, 243.670, 244.060, 244.070, 244.085, 244.150, 244.260, 244.340, 244.350, and 244.990 to create consistent and modern terminology throughout the alcohol statutes; amend KRS 241.140, 241.190, and 241.250 to clarify the functions of local alcohol administrators; create a new section of KRS Chapter 242 to allow a local option election on distilled spirit souvenir package sales by distilleries within the precinct; create a new section of KRS Chapter 242 to authorize a local option election on by the drink alcoholic beverage sales at marinas within the precinct; amend KRS 242.123 and 242.124 to permit a golf course or small farm winery local option election in any dry or moist city or county; amend KRS 242.1241 to conduct a small farm winery local option election in the same manner as in KRS 242.020; create a new section of KRS Chapter 243 to establish the terms of a sampling license, to include both free and paid samples; amend KRS 243.030 to permit either the administrator of distilled spirits or malt beverages to issue a license that allows the sale of distilled spirits, wine, and malt beverages; amend KRS 243.0305 to allow a distillery to sell souvenir packages of distilled spirits if the distillery is located in a moist precinct that has authorized that type of sale; establish the limitations of a distiller's sampling license; amend KRS 243.033 to authorize a caterer to cater alcoholic beverages at a private party or special event at a non-federally bonded portion of a distillery premises; forbid a caterer from catering alcoholic beverages at an event hosted by the caterer either alone or as a joint venture; amend KRS 243.036 to apply a distilled spirits and wine auction license to malt beverages; include raffles as a part of the auction license; amend KRS 243.042 to allow a qualified historic site to obtain a supplemental bar license for a riverboat or railroad train; amend KRS 243.045 to clarify that a transitional license entitles the holder to the same rights and privileges of the corresponding permanent license; amend KRS 243.060 and 243.070 to authorize a local qualified historic site license fee up to a maximum that matches the state fee; amend KRS 243.082 to merge state park NQ1 license language with that of the other types of NQ1 licensees; amend KRS 243.084 to authorize a marina NQ2 retail drink license; amend KRS 243.086 to permit a bed and breakfast NQ3 retail drink license; limit bed and breakfast drink sales to paid overnight guests; amend KRS 243.090 to make most local alcohol licenses expire on the same date as the corresponding state license; prorate the cost of a local license in the first year to allow the local license to synchronize with the state license; amend KRS 243.130, 243.155, and 243.157 to allow employees of distillers, rectifiers, wineries, small farm wineries, and microbreweries to sample their employer's products for purposes of education, quality control, and product development; enable small farm wineries to enter into "custom crush" agreements with one another; clarify that a small farm winery may sell and serve its products by virtue of a precinct election; permit a small farm winery to sell its wine products that are unmarketable as wine to a distiller; prohibit the location of a microbrewery in moist territory; amend KRS 243.230 to remove the city population threshold for quota retail drink licenses; amend KRS 243.450 to indicate that a state administrator may deny a license if the applicant is a delinquent taxpayer; amend KRS 243.500 to exempt lawful pari-mutuel betting or charitable gaming from the list of prohibited gambling offenses by a licensee; amend KRS 243.540 to make the license termination provisions apply to a default under a lease or security agreement; describe how a landlord or creditor may dispose of alcoholic beverages in its possession; amend KRS 243.630 to define "transfer" to include the transfer of a business and license to a different premises; create a new section of KRS Chapter 244 to forbid any person to possess, sell, offer for sale, or use any powdered or crystalline alcoholic beverage product; amend KRS 244.110 to limit entrance requirements to only quota retail drink and package licenses; amend KRS 244.130 to allow a distiller to provide free production by-products and non-alcoholic merchandise worth up to $25 per item for a distillery tour or event conducted by a church or charitable organization; amend KRS 244.240 to permit distillers, rectifiers, wineries, and wholesalers to give discounts in the usual course of business if the same discounts are offered to all licensees of the same license type buying similar quantities; amend KRS 244.290 and 244.480 to make a local ordinance limiting election day alcohol sales effective only if the ordinance was adopted after June 25, 2013; require a retail drink licensee in territory with Sunday distilled spirits and wine sales to acquire the Sunday license before conducting the sales; amend KRS 244.360 to set rules for a licensee to display its license number on its licensed premises; amend KRS 242.1244, 243.034, 243.050, 243.075, 243.260, 243.882, 244.050, and 83A.022 to conform; repeal KRS 241.075, 242.127, 242.129, 243.031, 243.072, 243.460, 243.505, 243.510, 243.892, and 244.295.
     SCA1( R. Alvarado ) - Make title amendment.
     SCA2( J. Schickel ) - Make title amendment.

     Dec 05, 2014 - Prefiled by the sponsor(s).
     Jan 06, 2015 - introduced in House; to Health & Welfare (H)
     Feb 03, 2015 - posted in committee
     Feb 23, 2015 - reported favorably, 1st reading, to Consent Calendar
     Feb 25, 2015 - 2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Friday, February 27, 2015; taken from the Consent Orders of the Day, placed in the Regular Orders of the Day for Friday, February 27, 2015
     Feb 26, 2015 - 3rd reading, passed 90-1
     Feb 27, 2015 - received in Senate
     Mar 03, 2015 - to Health & Welfare (S)
     Mar 10, 2015 - reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Mar 11, 2015 - 2nd reading, to Rules
     Mar 23, 2015 - posted for passage in the Regular Orders of the Day for Monday, March 23, 2015; passed over and retained in the Orders of the Day
     Mar 24, 2015 - taken from the Regular Orders of the Day; recommitted to Licensing, Occupations, & Administrative Regulations (S); reported favorably, to Rules with Committee Substitute (2), committee amendment (2-title) as a Consent Bill; posted for passage in the Consent Orders of the Day for Tuesday, March 24, 2015; 3rd reading; Committee Substitute (1) withdrawn; committee amendment (1-title) withdrawn ; passed 31-7 with Committee Substitute (2), committee amendment (2-title) ; received in House; to Rules (H)