Kentucky House Bill 193 (Prior Session Legislation)

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Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: Introduced on January 6 2011 - 25% progression, died in chamber
Action: 2011-02-22 - floor amendments (1) and (2) filed
Text: Latest bill text (Draft #2) [MS Word]

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.

AN ACT prohibiting smoking in all public places and places of employment.

Rep. William Farmer [R]	Rep. Joni Jenkins [D]	Rep. Mary Marzian [D]	Rep. Darryl Owens [D]
Rep. Tom Riner [D]	Rep. Gregory Stumbo [D]	Rep. David Watkins [D]	Rep. Jim Wayne [D]
Rep. Susan Westrom [D]

Date	Chamber	Action
2011-02-22		floor amendments (1) and (2) filed
2011-02-07		posted in committee
2011-01-07		to Health & Welfare (H)
2011-01-06		introduced in House

Type	Source
Summary	http://www.lrc.ky.gov/record/11RS/HB193.htm
Text	http://www.lrc.ky.gov/record/11RS/HB193/bill.doc