Summary of Original Version

Create a new section of KRS 438.305 to 438.340 to require the Department of Alcoholic Beverage Control to establish a vapor retail license and require retailers to have a retail license to sell vapor products; amend KRS 438.310 to increase penalties for violations related to the sale of tobacco products, alternative nicotine products, or vapor products; amend KRS 438.311 to establish penalties for individuals under the age of 18 and individuals over the age of 18 but under 21 who purchase or attempt to purchase alternative nicotine products, tobacco products, or vapor products; amend KRS 438.313 to increase penalties for violations related to the distribution and retail of cigarettes, tobacco products, alternative nicotine products, or vapor products; amend KRS 438.345 to require local boards of education to include policies that penalize students for possessing alternative nicotine products, tobacco products, or vapor products on school grounds and list those penalties; amend KRS 438.350 to establish penalties for individuals under the age of 18 and individuals over the age of 18 but under 21 who are caught in possession of alternative nicotine products, tobacco products, or vapor products; amend KRS 600.020, 610.010, and 630.020 to include tobacco, alternative nicotine product, or vapor product violations as status offenses; amend KRS 138.195 to conform.

Summary of Amendment: House Committee Substitute 1

Summary Delete original provisions, except repeal, reenact, and amend KRS 438.345 as a new section of KRS Chapter 158, to require local boards of education to adopt policies that penalize students for possessing alternative nicotine products, tobacco products, or vapor products and list penalties; require school districts to report annually to the Kentucky Department of Education, and require the department to report to the Legislative Research Commission, the number of nicotine-related behavior incidents in schools and the number requiring medical intervention.

Summary of Amendment: House Floor Amendment 1 -- L. Willner

Summary Retain original provisions; require schools to provide evidence-based age-appropriate nicotine prevention and cessation information to all students at the beginning of the school year and access to materials throughout the school year; require a school to provide nicotine cessation information upon the first incident, disciplinary action in accordance with the district's code of acceptable behavior upon the second incident, and in-school or out-of-school suspension and the opportunity to complete a nicotine education program for the third and subsequent incidents; require the Kentucky Department of Education, regional educational cooperatives, and local boards of education to identify and apply for grant opportunities relating to nicotine; require by August 1, 2024 that the Kentucky Department of Education, after consultation with the Cabinet for Health and Family Services, post nicotine awareness information on the department's webpage.

Summary of Amendment: Senate Committee Substitute 1

Summary Retain original provisions; authorize the department, regional educational cooperatives, and local boards of education to identify and apply for grant opportunities; make technical correction.

Summary of Amendment: Senate Floor Amendment 1 -- D. Givens

Summary Retain original provisions; specify that possession of a nicotine product for a third or subsequent may rather than shall result in a suspension.

Statutes affected:
Introduced: 438.310, 438.311, 438.313, 438.345, 438.350, 600.020, 610.010, 630.020, 138.195
Acts Chapter 149: 438.345
House Committee Substitute 1: 438.345
Senate Committee Substitute 1: 438.345
Current/Final: 438.345
Current: 438.345