House Bill 142

Actions | Amendments
Last Action 04/09/24: signed by Governor
Title AN ACT relating to products that contain nicotine.
Bill Documents 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 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

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: 4/19/2024 7:10 PM (EDT)