Highlights:

• Prohibits an individual from smoking in certain places, including, but not limited to, the following places (Sec. 2):
• An enclosed area of a public place or place of employment;
• An enclosed area or sleeping quarters of public accommodations that are rented to guests; and
• An enclosed area of a private residence that serves as a child-care facility, adult-day-care facility, or health-care facility.

• Requires an entrance of a public place or place of employment to have a “conspicuous” sign clearly stating that smoking is prohibited (Sec. 2).

• Authorizes an employer or individual in control of a public place or place of employment to prohibit smoking in an unenclosed area if the individual posts “conspicuous” signs prohibiting smoking at entrances to the area (Sec. 3).

• Specifies that local governments are not prohibited from adopting or repealing local ordinances that provide restrictions on smoking (Sec. 3).

• Authorizes the Department of Kentucky State Police to establish and issue a “uniform smoking violation citation” to be utilized for citing violations of provisions of this bill (Sec. 8).

• Establishes the following fines for violations of this bill (Sec. 5):
• A maximum fine of $1,000 for an individual or employer who discharges, refuses to hire, or retaliates against an employee, customer, or other individual who exercises a right provided by the provisions of this bill;
• A maximum fine of $50 for an individual who owns, manages, operates, or controls a public place or place of employment and fails to comply with the provisions of this bill; and
• A maximum fine of $25 for an individual smoking in an area where it is prohibited.

• Specifies that each violation is a separate violation, but prohibits total fines from exceeding $10,000 within a calendar year (Sec. 5).

• Exempts a private club from the provisions of this bill (Sec. 6).

• Exempts a cigar bar or tobacconist from the provisions of this bill if certain requirements are met, including, but not limited to, the following requirements (Sec. 6):
• The establishment is “physically separated” from an adjacent establishment that prohibits smoking by enclosure on all sides by solid walls, windows, or doors that extend from the floor to the ceiling;
• The establishment has an onsite humidor installed; and
• The establishment files an affidavit each year with the Department of Health stating it complies with the provisions of this bill.

Vote Smart's Synopsis:

Vote to pass a bill that prohibits smoking in public places and places of employment.

Highlights:

• Prohibits an individual from smoking in certain places, including, but not limited to, the following places (Sec. 2):
• An enclosed area of a public place or place of employment;
• An enclosed area or sleeping quarters of public accommodations that are rented to guests; and
• An enclosed area of a private residence that serves as a child-care facility, adult-day-care facility, or health-care facility.

• Requires an entrance of a public place or place of employment to have a “conspicuous” sign clearly stating that smoking is prohibited (Sec. 2).

• Authorizes an employer or individual in control of a public place or place of employment to prohibit smoking in an unenclosed area if the individual posts “conspicuous” signs prohibiting smoking at entrances to the area (Sec. 3).

• Specifies that local governments are not prohibited from adopting or repealing local ordinances that provide restrictions on smoking (Sec. 3).

• Authorizes the Department of Kentucky State Police to establish and issue a “uniform smoking violation citation” to be utilized for citing violations of provisions of this bill (Sec. 8).

• Establishes the following fines for violations of this bill (Sec. 5):
• A maximum fine of $1,000 for an individual or employer who discharges, refuses to hire, or retaliates against an employee, customer, or other individual who exercises a right provided by the provisions of this bill;
• A maximum fine of $50 for an individual who owns, manages, operates, or controls a public place or place of employment and fails to comply with the provisions of this bill; and
• A maximum fine of $25 for an individual smoking in an area where it is prohibited.

• Specifies that each violation is a separate violation, but prohibits total fines from exceeding $10,000 within a calendar year (Sec. 5).

• Exempts a private club from the provisions of this bill (Sec. 6).

• Exempts a cigar bar or tobacconist from the provisions of this bill if certain requirements are met, including, but not limited to, the following requirements (Sec. 6):
• The establishment is “physically separated” from an adjacent establishment that prohibits smoking by enclosure on all sides by solid walls, windows, or doors that extend from the floor to the ceiling;
• The establishment has an onsite humidor installed; and
• The establishment files an affidavit each year with the Department of Health stating it complies with the provisions of this bill.

Full Bill Text

Vote Smart's Synopsis:

Introduction to amend and pass a bill that prohibits smoking in public places.

Highlights:

Vote Smart staff and volunteers have provided this synopsis based on an initial review of the text and voting record of HB 145. We will continue to analyze the contents of this bill and will have more information available as soon as possible.

For further status information, email us at votes@votesmart.org or call the Voter's Research Hotline at 1-888-VOTE-SMART (1-888-868-3762).