Oct. 26, 2012 —
A bill to ban indoor smoking in all public places and places of employment in Kentucky is heading for the 2013 session of the General Assembly.
It will be the third effort to use state law to protect employees and the public from secondhand smoke.
If passed, it would add Kentucky to the list of 23 states which shield its citizens from the smoke of others.
Several cities and counties in the state, including Morehead, have local ordinances that ban indoor smoking in certain types of places.
The first effort to pass such a bill failed to make it out of committee. The second effort never came to a floor vote after clearing a House committee.
Proponents are saying an even larger coalition of agencies, organizations, businesses and individuals will be backing the legislation when the 2013 session opens in January.
Key provisions of the proposed legislation include:
• Applies to enclosed (indoor) areas of public places and workplaces.
• Prohibits smoking within 15 feet of the outside of a business to prevent smoke from seeping through entrances, exits, windows or ventilation systems
• “Public place” is defined as enclosed areas in businesses open to the public, such as restaurants, bars, shopping malls, arenas, and taxis and other vehicles used for hire
• “Enclosed areas” is defined so that partially enclosed smoking rooms cannot be created to circumvent the law
• “Places of employment” include businesses generally not open to the public, such as offices and factories, including employee cafeterias and lounges
• Includes motor vehicles used for business, such as employer-owned vehicles like delivery trucks and motor fleet vehicles but does not include an employee’s personal car
• Includes private clubs which have employees and may invite the public into their establishment but prevents bars and other establishments from becoming a private club to circumvent the law
• Covers sleeping quarters and enclosed areas of hotels, motels, and bed and breakfasts
• Does not apply to private homes unless used for child care, adult day care or health care business
• Smoking defined to include cigarettes, pipes and cigars.
• Specifies that electronic cigarettes cannot be used
Enforcement by local and state health officials would be based on complaints but citations could be issued by peace officers or state or local health officers. Violators would be subject to fines.
Now that science has proven conclusively that secondhand smoke is deadly, there is no earthly reason not to pass this bill.
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