2019 Kentucky Revised Statutes Chapter 438 - Offenses against public health and safety 438.345 Use of tobacco products, alternative nicotine products, and vapor products on school property and during school activities -- Written policies -- Penalties -- Board may opt out.
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438.345 Use of tobacco products, alternative nicotine products, and vapor products
on school property and during school activities -- Written policies -- Penalties - Board may opt out.
(1)
(2)
(3)
(4)
(5)
As used in this section:
(a) "Alternative nicotine product" has the same meaning as in KRS 438.305;
(b) "Tobacco product" has the same meaning as in KRS 438.305; and
(c) "Vapor product" has the same meaning as in KRS 438.305.
The use of any tobacco product, alternative nicotine product, or vapor product:
(a) Shall be prohibited for all persons and at all times on or in all property,
including any vehicle, that is owned, operated, leased, or contracted for use by
a local board of education;
(b) Shall be prohibited for all students while attending or participating in any
school-related student trip or student activity; and
(c) Shall be prohibited for school district employees, volunteers, and all other
individuals affiliated with a school while the user is attending or participating
in any school-related student trip or student activity and is in the presence of a
student or students.
On or before July 1, 2020, each local board of education shall implement this
section by adopting written policies that prohibit the use of tobacco products,
alternative nicotine products, and vapor products pursuant to this section. The
policies shall provide for:
(a) Adequate notice regarding the policy to be provided to students, parents and
guardians, school employees, and the general public;
(b) A requirement to post signage on or in all property, including any vehicle, that
is owned, operated, leased, or contracted for use by a local board of education,
clearly stating that use of tobacco products, alternative nicotine products, and
vapor products is prohibited at all times and by all persons on or in the
property; and
(c) A requirement that school employees enforce the policies.
A person in violation of subsection (2) of this section, or policies adopted by a local
board of education pursuant to subsection (3) of this section, shall be subject to
penalties as set forth by the local board of education.
Nothing in this section shall be interpreted or construed to:
(a) Permit use of a tobacco product, alternative nicotine product, or vapor
product, where it is otherwise restricted by this section, other state or federal
law, administrative regulation, or executive order;
(b) Prevent a local board of education or any other local governmental entity from
adopting local ordinances, regulations, or policies relating to use of a tobacco
product, alternative nicotine product, or a vapor product, in public places of
employment, and nonenclosed areas, that are more restrictive than what is
provided for in this section; or
(c)
(6)
Repeal any existing local ordinances, regulations, or policies that provide
restrictions on the use of a tobacco product, alternative nicotine product, or
vapor product, in addition to those provided for in this section.
Each local board of education may choose, up to three (3) years after June 27, 2019,
to opt out of subsections (2) to (4) of this section.
Effective: June 27, 2019
History: Created 2019 Ky. Acts ch. 198, sec. 1, effective June 27, 2019.
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