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House Bill 142

Actions | Amendments

Legislative History
Last Action	04/09/24: signed by Governor (Acts Ch. 149)
Title	AN ACT relating to products that contain nicotine.
Bill Documents	Acts Chapter 149 Current/Final Introduced
Fiscal Impact Statement	Local Mandate
Bill Request Number	925
Sponsors	M. Hart, S. Riley, S. Baker, J. Bauman, D. Elliott, J. Hodgson, K. Jackson, W. Lawrence, S. Lewis, M. Lockett, J. Raymond, T. Truett
Summary of Enacted Version	Repeals, reenacts, and amends KRS 438.345 as a new section of KRS Chapter 158; requires local boards of education to adopt policies that penalize students for possessing alternative nicotine products, tobacco products, or vapor products and lists penalties; requires school districts to report annually to the Kentucky Department of Education; requires the department to report to the Legislative Research Commission the number of nicotine-related behavior incidents in schools and the number requiring medical intervention; requires schools to provide evidence-based age-appropriate nicotine prevention and cessation information to all students at the beginning of the school year and access to materials throughout the school year; requires a school to provide nicotine cessation information upon the first incident, requires a school to provide disciplinary action in accordance with the district’s code of acceptable behavior upon the second incident, and allows for in-school or out-of-school suspension and the opportunity to complete a nicotine education program for the third and subsequent incidents; authorizes the department, regional educational cooperatives, and local boards of education to identify and apply for grant opportunities relating to nicotine; and requires by August 1, 2024, that the department, after consultation with the Cabinet for Health and Family Services, post nicotine awareness information on the department’s webpage.
Summary of Original Version	Create a new section of KRS 438.305 to 438.340 to require the Department of Alcoholic Beverage Control to establish a vapor retail license and require retailers to have a retail license to sell vapor products; amend KRS 438.310 to increase penalties for violations related to the sale of tobacco products, alternative nicotine products, or vapor products; amend KRS 438.311 to establish penalties for individuals under the age of 18 and individuals over the age of 18 but under 21 who purchase or attempt to purchase alternative nicotine products, tobacco products, or vapor products; amend KRS 438.313 to increase penalties for violations related to the distribution and retail of cigarettes, tobacco products, alternative nicotine products, or vapor products; amend KRS 438.345 to require local boards of education to include policies that penalize students for possessing alternative nicotine products, tobacco products, or vapor products on school grounds and list those penalties; amend KRS 438.350 to establish penalties for individuals under the age of 18 and individuals over the age of 18 but under 21 who are caught in possession of alternative nicotine products, tobacco products, or vapor products; amend KRS 600.020, 610.010, and 630.020 to include tobacco, alternative nicotine product, or vapor product violations as status offenses; amend KRS 138.195 to conform.
Index Headings of Original Version	Courts - Tobacco and other nicotine products, sale to or use by persons under 21, increased penalties Crimes and Punishments - Status offense, possession and use of tobacco and other nicotine products by minors, penalties Criminal Procedure - Tobacco and other nicotine products, sale to or use by persons under 21, increased penalties Drugs and Medicines - Tobacco and other nicotine products, sale to or use by persons under 21, increased penalties Education, Elementary and Secondary - Local boards of education, tobacco and other nicotine products, possession, penalties Licensing - Tobacco and other nicotine products distribution to persons under 21, license revocation Peace Officers and Law Enforcement - Tobacco and other nicotine products, sale to or use by persons under 21, increased penalties State Agencies - Alcoholic Beverage Control, establish license, promulgate administrative regulations Tobacco - Tobacco and other nicotine products, sale to or use by persons under 21, increased penalties Courts, Family - Tobacco and other nicotine products, possession and use by minors, status offense, penalties Agriculture - Tobacco and other nicotine products, sale to or use by persons under 21, increased penalties Children and Minors - Tobacco and other nicotine products, possession and use by minors, status offense, penalties Vaping - Alcoholic Beverage Control, establish license, promulgate administrative regulations Vaping - Tobacco and other nicotine products, sale to or use by persons under 21, increased penalties Local Mandate - Tobacco and other nicotine products, sale to or use by persons under 21, increased penalties
Jump to Proposed Amendments	House Committee Substitute 1 House Floor Amendment 1 Senate Committee Substitute 1 Senate Floor Amendment 1
Votes	Vote History

Actions

Top | Amendments

01/04/24	introduced in House to Committee on Committees (H)
01/25/24	to Education (H)
02/13/24	reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/14/24	2nd reading, to Rules
02/15/24	floor amendment (1) filed to Committee Substitute
02/21/24	posted for passage in the Regular Orders of the Day for Thursday, February 22, 2024
02/22/24	3rd reading, passed 80-11 with Committee Substitute (1) and Floor Amendment (1)
02/23/24	received in Senate to Committee on Committees (S)
02/26/24	to Education (S)
03/21/24	floor amendment (1) filed to Committee Substitute reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/22/24	2nd reading, to Rules
03/25/24	posted for passage in the Regular Orders of the Day for Tuesday, March 26, 2024
03/26/24	passed over and retained in the Orders of the Day
03/27/24	3rd reading, passed 35-1 with Committee Substitute (1) and Floor Amendment (1) received in House to Rules (H)
03/28/24	posted for passage for concurrence in Senate Committee Substitute (1) and Floor Amendment (1) House concurred in Senate Committee Substitute (1) and Floor Amendment (1) passed 91-2 with Committee Substitute (1) and Floor Amendment (1) enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Governor
04/09/24	signed by Governor (Acts Ch. 149)

Proposed Amendments

Top | Actions

Amendment	House Committee Substitute 1
Summary	Delete original provisions, except repeal, reenact, and amend KRS 438.345 as a new section of KRS Chapter 158, to require local boards of education to adopt policies that penalize students for possessing alternative nicotine products, tobacco products, or vapor products and list penalties; require school districts to report annually to the Kentucky Department of Education, and require the department to report to the Legislative Research Commission, the number of nicotine-related behavior incidents in schools and the number requiring medical intervention.
Index Headings	Education, Elementary and Secondary - Local boards of education, tobacco and other nicotine products, possession, penalties State Agencies - Kentucky Department of Education, nicotine products, annual report, requirements Tobacco - Local boards of education, tobacco and other nicotine products, possession, penalties Children and Minors - Local boards of education, tobacco and other nicotine products, possession, penalties Reports Mandated - Kentucky Department of Education, nicotine products, annual report, requirements Vaping - Local boards of education, tobacco and other nicotine products, possession, penalties

Amendment	House Floor Amendment 1
Sponsor	L. Willner
Summary	Retain original provisions; require schools to provide evidence-based age-appropriate nicotine prevention and cessation information to all students at the beginning of the school year and access to materials throughout the school year; require a school to provide nicotine cessation information upon the first incident, disciplinary action in accordance with the district's code of acceptable behavior upon the second incident, and in-school or out-of-school suspension and the opportunity to complete a nicotine education program for the third and subsequent incidents; require the Kentucky Department of Education, regional educational cooperatives, and local boards of education to identify and apply for grant opportunities relating to nicotine; require by August 1, 2024 that the Kentucky Department of Education, after consultation with the Cabinet for Health and Family Services, post nicotine awareness information on the department's webpage.
Index Headings	Children and Minors - Kentucky Department of Education, nicotine products, prevention and cessation Education, Elementary and Secondary - Local boards of education, nicotine products, possession, penalties State Agencies - Kentucky Department of Education, website, nicotine products, prevention and cessation

Amendment	Senate Committee Substitute 1
Summary	Retain original provisions; authorize the department, regional educational cooperatives, and local boards of education to identify and apply for grant opportunities; make technical correction.
Index Headings	Education, Elementary and Secondary - Federal grant opportunities, authorize Education, Finance - Federal grant, authorize Technical Corrections - HB 142

Amendment	Senate Floor Amendment 1
Sponsor	D. Givens
Summary	Retain original provisions; specify that possession of a nicotine product for a third or subsequent may rather than shall result in a suspension.
Index Headings	Education, Elementary and Secondary - Local boards of education, tobacco and nicotine products, possession, penalties

Last updated: 9/26/2024 1:37 PM (EDT)