Kentucky
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House Bill 193

Actions | Amendments
Last Action floor amendments (1) and (2) filed
Title AN ACT prohibiting smoking in all public places and places of employment.
Bill Documents Bill
Impact Statements Local Mandate
Bill Request Number 417
Sponsors S. Westrom, D. Watkins, T. Riner, B. Farmer, J. Jenkins, M. Marzian, D. Owens, G. Stumbo, J. Wayne
Summary of Original Version 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.
Index Headings of Original Version Local Mandate - Smoking in enclosed public places and enclosed places of employment, prohibition of
Civil Rights - Smoking in enclosed public places and enclosed places of employment, prohibition of
Crimes and Punishments - Smoking in enclosed public places and enclosed places of employment, prohibition of
Hotels and Motels - Smoking in enclosed public places and enclosed places of employment, prohibition of
Labor and Industry - Smoking in enclosed public places and enclosed places of employment, prohibition of
Local Government - Smoking in enclosed public places and enclosed places of employment, prohibition of
Occupational Safety and Health - Smoking in enclosed public places and enclosed places of employment, prohibition of
Public Buildings and Grounds - Smoking in enclosed public places and enclosed places of employment, prohibition of
Public Health - Smoking in enclosed public places and enclosed places of employment, prohibition of
Public Safety - Smoking in enclosed public places and enclosed places of employment, prohibition of
Safety - Smoking in enclosed public places and enclosed places of employment, prohibition of
State Agencies - Smoking in enclosed public places and enclosed places of employment, prohibition of
Substance Abuse - Smoking in enclosed public places and enclosed places of employment, prohibition of
Tobacco - Smoking in enclosed public places and enclosed places of employment, prohibition of
Proposed Amendments House Floor Amendment 1
House Floor Amendment 2

Actions

Top | Amendments
01/06/11
  • introduced in House
01/07/11
  • to Health & Welfare (H)
02/07/11
  • posted in committee
02/22/11
  • floor amendments (1) and (2) filed

Proposed Amendments

Top | Actions
Amendment House Floor Amendment 1
Sponsor J. Gooch Jr.
Summary Retain original provisions of the bill except to exempt cigar bars from prohibited places to smoke.
Index Headings Local Mandate - Smoking in enclosed public places and enclosed places of employment, prohibition of
Civil Rights - Smoking in enclosed public places and enclosed places of employment, prohibition of
Crimes and Punishments - Smoking in enclosed public places and enclosed places of employment, prohibition of
Hotels and Motels - Smoking in enclosed public places and enclosed places of employment, prohibition of
Labor and Industry - Smoking in enclosed public places and enclosed places of employment, prohibition of
Local Government - Smoking in enclosed public places and enclosed places of employment, prohibition of
Occupational Safety and Health - Smoking in enclosed public places and enclosed places of employment, prohibition of
Public Buildings and Grounds - Smoking in enclosed public places and enclosed places of employment, prohibition of
Public Health - Smoking in enclosed public places and enclosed places of employment, prohibition of
Public Safety - Smoking in enclosed public places and enclosed places of employment, prohibition of
Safety - Smoking in enclosed public places and enclosed places of employment, prohibition of
State Agencies - Smoking in enclosed public places and enclosed places of employment, prohibition of
Substance Abuse - Smoking in enclosed public places and enclosed places of employment, prohibition of
Tobacco - Smoking in enclosed public places and enclosed places of employment, prohibition of

Amendment House Floor Amendment 2
Sponsor J. Gooch Jr.
Summary 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.
Index Headings Local Mandate - Smoking in enclosed public places and enclosed places of employment, prohibition of
Civil Rights - Smoking in enclosed public places and enclosed places of employment, prohibition of
Crimes and Punishments - Smoking in enclosed public places and enclosed places of employment, prohibition of
Hotels and Motels - Smoking in enclosed public places and enclosed places of employment, prohibition of
Labor and Industry - Smoking in enclosed public places and enclosed places of employment, prohibition of
Local Government - Smoking in enclosed public places and enclosed places of employment, prohibition of
Occupational Safety and Health - Smoking in enclosed public places and enclosed places of employment, prohibition of
Public Buildings and Grounds - Smoking in enclosed public places and enclosed places of employment, prohibition of
Public Health - Smoking in enclosed public places and enclosed places of employment, prohibition of
Public Safety - Smoking in enclosed public places and enclosed places of employment, prohibition of
Safety - Smoking in enclosed public places and enclosed places of employment, prohibition of
State Agencies - Smoking in enclosed public places and enclosed places of employment, prohibition of
Substance Abuse - Smoking in enclosed public places and enclosed places of employment, prohibition of
Tobacco - Smoking in enclosed public places and enclosed places of employment, prohibition of

Last updated: 1/16/2019 3:43 PM (EST)