HB 193/LM (BR 417) - S. Westrom, D. Watkins, T. Riner, B. Farmer, J. Jenkins, M. Marzian, D. Owens, G. Stumbo, J. Wayne
AN ACT prohibiting smoking in all public places and places of employment.
Create new sections of KRS Chapter 217 to state findings and purpose; define terms; prohibit smoking in enclosed public places or enclosed places of employment; prohibit smoking within reasonable distances outside of public places and places of employment; require no smoking signs to be posted; require all sleeping quarters of all hotels and public accommodations that are rented to guests to be smokefree; require the prohibition on smoking in a place of employment to be communicated to employees; permit more restrictive smoking policies in enclosed and outdoor places; prohibit a less restrictive interpretation of prohibition on smoking; require the Department for Public Health to promulgate administrative regulations to implement the provisions of this Act including issuing citations, assessing and collecting fines, taking public complaints, and holding public hearings; require the department, local health departments, city managers, county administrators, and their designees to enforce the smoking prohibitions; require an owner, manager, operator, or employee of a public place or place of employment to direct a person who is smoking to extinguish the product being smoked, refuse them service, ask them to leave if they do not, and contact law enforcement if they refuse to leave; require an employer to direct an employee who is smoking to extinguish the product, ask them to leave if they do not, and contact law enforcement if they refuse to leave; permit a private citizen to bring legal action to enforce the provisions of this Act; permit application for injunctive relief to enforce the provisions of this Act; prohibit retaliation for exercising rights, reporting, or prosecuting under this Act and fine $1,000 for each violation; set fines of $100 for a first violation and $250 for each subsequent violation for smoking in a prohibited area; set fines of $250 for a first violation, $500 for a second violation within 1 year of the first, and $2,500 for each additional violation within 1 year of the first for permitting smoking in a public place or place of employment where smoking is prohibited by this Act; require 50% of collected fines to be allocated to the department and 50% to the enforcing agency; declare the provisions of this Act to be liberally construed and severable; permit this Act to be cited as the Smokefree Kentucky Act.
HB 193 - AMENDMENTS
HFA (1, J. Gooch Jr.) - Retain original provisions of the bill except to exempt cigar bars from prohibited places to smoke.
HFA (2, J. Gooch Jr.) - Retain original provisions of the bill except to amend the intent of the General Assembly to limit rather than prohibit smoking in public places; delete places of employment; delete the right of nonsmokers to breathe smokefree air; add the term "retail tobacco store"; add a new section to exempt retail tobacco stores, tobacco related places of employment, restaurants and bars that do not admit persons less than age 21 years of age, limousines under private hire, and any other place that does not admit persons less than age 21 years of age.
Jan 6-introduced in House
Jan 7-to Health & Welfare (H)
Feb 7-posted in committee
Feb 22-floor amendments (1) and (2) filed