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AN ACT relating to products that contain nicotine. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 438.345 is repealed, reenacted as a new section of KRS Chapter 3
158, and amended to read as follows: 4
(1) As used in this section: 5
(a) "Alternative nicotine product" has the same meaning as in KRS 438.305; 6
(b) "Tobacco product" has the same meaning as in KRS 438.305; and 7
(c) "Vapor product" has the same meaning as in KRS 438.305. 8
(2) The use of any tobacco product, alternative nicotine product, or vapor product: 9
(a) Shall be prohibited for all persons and at all times on or in all property, 10
including any vehicle, that is owned, operated, leased, or contracted for use by 11
a local board of education; 12
(b) Shall be prohibited for all students while attending or participating in any 13
school-related student trip or student activity; and 14
(c) Shall be prohibited for school district employees, volunteers, and all other 15
individuals affiliated with a school while the user is attending or participating 16
in any school-related student trip or student activity and is in the presence of a 17
student or students. 18
(3) [On or before July 1, 2020, ]Each local board of education shall implement this 19
section by adopting written policies that prohibit the use of tobacco products, 20
alternative nicotine products, and vapor products pursuant to this section. The 21
policies shall provide for: 22
(a) The distribution of evidence-based, age-appropriate nicotine prevention and 23
cessation material to all students of the district at the beginning of each 24
school year; 25
(b) Access to evidence-based, age-appropriate nicotine prevention and cessation 26
material throughout the school year for all students of the district; 27 UNOFFICIAL COPY 24 RS HB 142/GA
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(c) Adequate notice regarding the policy to be provided to students, parents and 1
guardians, school employees, and the general public; 2
(d)[(b)] A requirement to post signage on or in all property, including any 3
vehicle, that is owned, operated, leased, or contracted for use by a local board 4
of education, clearly stating that use of tobacco products, alternative nicotine 5
products, and vapor products is prohibited at all times and by all persons on or 6
in the property; and 7
(e)[(c)] A requirement that school employees enforce the policies. 8
(4) (a) A person who violates[in violation of] subsection (2) of this section, or 9
policies adopted by a local board of education pursuant to subsection (3) of 10
this section, shall be subject to penalties as set forth by the local board of 11
education. 12
(b) In the district's code of acceptable behavior and discipline formulated under 13
KRS 158.148(5), each local board of education shall include a policy which, 14
at a minimum, provides that if a student under the age of twenty-one (21) 15
violates subsection (2) of this section, then the district will confiscate the 16
alternative nicotine products, tobacco products, or vapor products and: 17
1. For the first incident, the school counselor or other school-based 18
mental health services provider shall provide to the parent or guardian 19
and the student evidence-based, age-appropriate nicotine cessation 20
information to include but not be limited to materials, programs, and 21
referrals for treatment; 22
2. A second incident shall result in providing information as required in 23
subparagraph 1. of this paragraph and disciplinary action as 24
determined by the board and included in the district's code of 25
acceptable behavior and discipline; and 26
3. The third and subsequent incidents shall result in an in-school or out-27 UNOFFICIAL COPY 24 RS HB 142/GA
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of-school suspension of that student. The school shall provide the 1
opportunity for a student to complete an evidence-based, age-2
appropriate nicotine education program during an in-school 3
suspension. 4
(5) Nothing in this section shall be interpreted or construed to: 5
(a) Permit use of a tobacco product, alternative nicotine product, or vapor 6
product, where it is otherwise restricted by this section, other state or federal 7
law, administrative regulation, or executive order; 8
(b) Prevent a local board of education or any other local governmental entity from 9
adopting local ordinances, regulations, or policies relating to use of a tobacco 10
product, alternative nicotine product, or a vapor product, in public places of 11
employment, and nonenclosed areas, that are more restrictive than what is 12
provided for in this section; or 13
(c) Repeal any existing local ordinances, regulations, or policies that provide 14
restrictions on the use of a tobacco product, alternative nicotine product, or 15
vapor product, in addition to those provided for in this section. 16
(6) By August 1, 2024, the department, after consultation with the Cabinet for Health 17
and Family Services, shall post on its website nicotine awareness information to 18
include but not be limited to the various types of products containing nicotine, the 19
health issues associated with nicotine, and a list of evidence-based cessation 20
programs available to school districts. 21
(7) The department, regional educational cooperatives, and local boards of education 22
shall identify and apply for grant opportunities relating to nicotine usage, 23
including but not limited to nicotine cessation, vaping, and tobacco products 24
containing nicotine, and the health consequences of the use of nicotine products. 25
(8) No later than August 1 of each year, each local board of education shall submit a 26
report to the department that includes: 27 UNOFFICIAL COPY 24 RS HB 142/GA
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(a) The number of behavior incidents for each product defined in subsection 1
(1) of this section, listed by school and grade; and 2
(b) The number of incidents in paragraph (a) of this subsection for which 3
medical intervention was provided, listed by school, grade, and product. 4
(9) No later than September 1 of each year, the department shall submit a report to 5
the Legislative Research Commission for referral to the Interim Joint Committee 6
on Education that compiles all of the data required in subsection (6) of this 7
section[Each local board of education may choose, up to three (3) years after June 8
27, 2019, to opt out of subsections (2) to (4) of this section]. 9