.165 Smoking policy for governmental office buildings or workplaces and postsecondary education institutions.
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61.165 Smoking policy for governmental office buildings or workplaces and
postsecondary education institutions.
(1)
Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a
policy for smoking in governmental office buildings or workplaces shall be adopted
by state government. This policy shall apply to all state-owned or state-operated
office buildings, workplaces, and facilities, including but not limited to state-
operated hospitals and residential facilities for the mentally retarded, state-operated
veterans' nursing homes and health facilities, and any correctional facility owned by,
operated by, or under the jurisdiction of the state.
(2)
Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167,
any policy relating to smoking in state office buildings or workplaces shall be by
executive order of the Governor or action of the General Assembly, and shall:
(a) 1.
Require the governmental authority to provide accessible indoor
smoking areas in any buildings where smoking is otherwise restricted;
and
2.
Favor allowing smoking in open public areas where ventilation and air
exchange are adequate and there are no restrictions otherwise placed on
the area by the state fire marshal or other similar authority; or
(b) Prohibit indoor smoking.
(3)
Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a
policy for smoking in governmental office buildings or workplaces may be adopted
by county, municipal, special district, urban-county, charter county, or consolidated
local governments. Any policy adopted under this subsection may apply to any
office buildings, workplaces, or facilities that are owned by, operated by, or under
the jurisdiction of that government, including but not limited to jails and detention
facilities. Any policy relating to smoking in governmental office buildings or
workplaces of counties, municipalities, special districts, urban-county governments,
charter county governments, or consolidated local governments shall be adopted in
writing by the legislative body of the government and shall:
(a) 1.
Require the government authority to provide accessible indoor smoking areas
in any buildings where smoking is otherwise restricted; and
2.
Favor allowing smoking in open public areas where ventilation and air
exchange are adequate and there are no restrictions otherwise placed on
the area by the state fire marshal or other similar authority; or
(b) Prohibit indoor smoking.
(4)
Each board of regents or trustees for each of the state postsecondary education
institutions shall adopt a written policy relating to smoking in all buildings owned
by, operated by, or under the jurisdiction of the state postsecondary education
institutions that shall:
(a) 1.
Provide accessible indoor smoking areas in any buildings where
smoking is otherwise restricted; and
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2.
Favor allowing smoking in open public areas where ventilation and air
exchange are adequate and there are no restrictions otherwise placed on
the area by the state fire marshal or other similar authority; or
(b)
Prohibit indoor smoking.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 115, sec. 1, effective July 12, 2006. -- Amended
2004 Ky. Acts ch. 72, sec. 2, effective July 13, 2004. -- Created 1994 Ky. Acts
ch. 480, sec. 1, effective July 15, 1994.
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