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HB145/LM (BR344) - S. Westrom, D. Watkins, T. Burch, D. Butler, L. Clark, L. Combs, R. Crimm, B. DeWeese, J. Donohue, K. Flood, J. Glenn, D. Graham, J. Greer, C. Harris, J. Jenkins, M. Marzian, D. Owens, R. Palumbo, R. Smart, G. Stumbo, T. Thompson, J. Tilley, G. Watkins, J. Wayne

     AN ACT prohibiting smoking in public places and places of employment.
     Create new sections of KRS Chapter 438 to define terms; prohibit indoor smoking in businesses, places of employment, and other listed public places; exempt private residences, unless used for child care or adult day care; permit smoking in designated nonenclosed areas; require posting of "no smoking" signs at specified locations; permit local governments to adopt stricter regulations by ordinance; provide for enforcement by all peace officers and designated health department and local government employees; provide for the issuance of uniform citations for violations; require that employers and others not discriminate against persons reporting violations; provide for fines for violation; provide that fines go to the agency whose employee issued the citation; provide that no court costs or other fees be charged for violations; exempt certain research and manufacturing laboratories and agricultural buildings; amend KRS 344.040, relating to unlawful practices by an employer, to add reference to state law, local ordinance, or local board of health regulation relating to smoking; amend KRS 431.450, relating to uniform citations, to provide for issuing citation forms to health departments; authorize the Department of Kentucky State Police to create and issue uniform smoking violation citations; repeal various statutes permitting smoking in public buildings; provide that Sections 1 to 6 may be referred to as the Smokefree Kentucky Act.


HB145 - AMENDMENTS

     HFA1( T. Thompson ) - Retain original provisions of the bill, except add an exemption for tobacco businesses for marketing.
     HFA2( B. Montell ) - Retain original provisions except, establish an exemption for cigar bars that are physically separated from other establishments, have an on-site humidor, only permit the smoking of cigars that retail for $2,00 or more per cigar, prohibit smoking of all other tobacco products, and which possess certain filtering systems.
     HFA3( J. Miller ) - Retain original provisions of the bill except to exempt a small family owned business with 50 percent or more of its gross sales from the sale of alcohol related products.
     HFA4( S. Lee ) - Retain original provisions, except exempt e-cigarettes from the smoking ban.
     HFA5( S. Lee ) - Retain original provisions, except exempt e-cigarettes from the smoking ban; clarify that e-cigarette use is not prohibited by the provisions of the bill.
     HFA6( R. Meyer ) - Retain original provisions; define cigar bar and tobacconist; exempt cigar bars and tobacconists whose tobacco or cigar sales meet a certain threshold; require an annual affidavit that tobacco sales are at least 10 percent of the gross annual sales; require physical separation of any part of the establishment that allows smoking; require separate ventilation of any area where smoking is allowed; exempt private clubs; state that future or reenacted local goverment smoking bans shall recognize all exemptions established in this bill.
     HFA7( R. Meyer ) - Retain original provisions; define cigar bar and tobacconist; exempt cigar bars and tobacconists whose tobacco or cigar sales meet a certain threshold; require an annual affidavit that tobacco sales are at least 10 percent of gross annual sales; require physical separation of any part of the establishment that allows smoking; require separate ventilation of any area where smoking is allowed; exempt private clubs; state that future or reenacted local goverment smoking bans shall recognize all exemptions established in this bill.
     HFA8( M. Denham ) - Delete original provisions; create a new section of KRS Chapter 438 to define terms; prohibit smoking or other use of tobacco on property owned, leased, or contracted for use by the executive, judicial, or legislative branches; prohibit smoking or other use of tobacco on property owned, leased, or contracted for use by a municipal or local government; prohibit smoking in public schools; prohibit smoking in veterans' centers and facilities owned or operated by the Cabinet for Health and Family Services via promulgation of administrative regulation; establish exemptions; clarify that existing smoking bans are not impacted by this bill; repeal KRS 61.165, 61.167, and 438.050, relating to smoking on governmental property and in schools.
     HFA9( S. Riggs ) - Retain original provisions, except allow a local government to opt out of the statewide smoking ban on a two-year basis by a majority vote and continue opting out each two years, if the local goverment fails to opt out, the smoking ban established in the bill then permanently applies.
     HFA10( R. Meyer ) - Retain original provisions, except define cigar bar and tobacconist; exempt cigar bars and tobacconists whose tobacco or cigar sales meet a certain threshold; require an annual affidavit that tobacco sales are at least 10 percent of gross annual sales; exempt private clubs; and lessen fine amounts.
     HFA11( D. Watkins ) - Retain original provisions, except exempt private clubs; require that each violation only be punishable by a $25 fine for the first violation and $50 for any additional violations; direct 50 percent of collected fines to circuit court clerks to defray administrative expenses; direct 50 percent to existing allocation in bill; delete repealer section.
     HFA12( J. DuPlessis ) - Retain original provisions, except exempt a labeled and ventilated "Smoking Establishment".
     HFA13( J. Bell ) - Retain original provisions, except clarify that this bill does not repeal existing ordinances or regulations that restrict smoking.
     HFA14( J. Shell ) - Retain original provisions, except modify the definition of "smoking"; define additional terms; prohibit vapor products in certain indoor and outdoor areas; expand protections for employees that smoke to include employees that use vapor products or other alternative nicotine products.

     Jan 08, 2015 - introduced in House
     Jan 09, 2015 - to Health & Welfare (H)
     Feb 03, 2015 - posted in committee
     Feb 05, 2015 - reported favorably, 1st reading, to Calendar
     Feb 06, 2015 - 2nd reading, to Rules; floor amendments (1) and (2) filed
     Feb 09, 2015 - floor amendments (3) (4) and (5) filed
     Feb 10, 2015 - floor amendments (6) (7) (8) and (9) filed
     Feb 11, 2015 - posted for passage in the Regular Orders of the Day for Thursday, February 12, 2015; floor amendment (8) withdrawn ; floor amendment (10) filed
     Feb 12, 2015 - floor amendments (11) (12) (13) and (14) filed
     Feb 13, 2015 - 3rd reading; floor amendments (5) and (12) defeated ; passed 51-46 with floor amendments (1) (10) and (13)
     Feb 19, 2015 - received in Senate
     Feb 20, 2015 - to Veterans, Military Affairs, & Public Protection (S)
     Mar 11, 2015 - discharge petition filed