Kentucky 2024 Regular Session Status: Enacted 11 R cosponsors

HB 142 — AN ACT relating to products that contain nicotine.

Last action — signed by Governor (Acts Ch. 149)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 04, 2024. Enacted.

Signed by Governor Andy Beshear (Democratic) on April 09, 2024.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    12 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (11 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

80 added · 102 removed

80 line(s) added, 102 removed.

→
Previous
Latest
UNOFFICIAL COPY 24 RS HB 142/EN AN ACT relating to products that contain nicotine.
CHAPTER 149 1 CHAPTER 149 ( HB 142 ) AN ACT relating to products that contain nicotine.
Page 1 of 4 HB014220.100 - 925 - XXXX 3/28/2024 11:23 PM Engrossed UNOFFICIAL COPY 24 RS HB 142/EN (c) Adequate notice regarding the policy to be provided to students, parents and guardians, school employees, and the general public;
(c) Adequate notice regarding the policy to be provided to students, parents and guardians, school employees, and the general public;
For the first incident, the school counselor or other school-based mental health services provider shall provide to the parent or guardian and the student evidence-based, age-appropriate nicotine cessation information to include but not be limited to materials, programs, and referrals for treatment;
For the first incident, the school counselor or other school-based mental health services provider shall provide to the parent or guardian and the student evidence-based, age- appropriate nicotine cessation information to include but not be limited to materials, programs, and referrals for treatment;
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
The third and subsequent incidents may result in an in-school or out- Page 2 of 4 HB014220.100 - 925 - XXXX 3/28/2024 11:23 PM Engrossed UNOFFICIAL COPY 24 RS HB 142/EN of-school suspension of that student.
The third and subsequent incidents may result in an in-school or out-of-school suspension of that student.
The school shall provide the opportunity for a student to complete an evidence-based, age- appropriate nicotine education program during an in-school suspension.
The school shall provide the opportunity for a student to complete an evidence- based, age-appropriate nicotine education program during an in-school suspension.
Page 3 of 4 HB014220.100 - 925 - XXXX 3/28/2024 11:23 PM Engrossed UNOFFICIAL COPY 24 RS HB 142/EN (a) The number of behavior incidents for each product defined in subsection (1) of this section, listed by school and grade;
(a) The number of behavior incidents for each product defined in subsection (1) of this section, listed by school and grade;
Page 4 of 4 HB014220.100 - 925 - XXXX 3/28/2024 11:23 PM Engrossed
Signed by Governor April 9, 2024.
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How this bill changes current law

6 changes Share ↗

Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill repeals and reenacts KRS 438.345 as a new section in KRS Chapter 158, establishing new regulations regarding the use of tobacco and nicotine products in schools.

  • KRS 438.345

    438.345 Renumbered as KRS 158.149. → 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.

    This change modifies the definition section to incorporate existing definitions from KRS 438.305 into the new section under KRS Chapter 158.

  • KRS 438.345

    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.

    This establishes prohibitions on the use of tobacco and nicotine products on school property and during school-related activities.

  • KRS 438.345

    [On or before July 1, 2020, ]

    This removes the specific deadline for local boards of education to implement policies prohibiting tobacco and nicotine product use.

  • KRS 438.345

    (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. → (d) Adequate notice regarding the policy to be provided to students, parents and guardians, school employees, and the general public; and (e) A requirement that school employees enforce the policies.

    This modifies the structure of the policy requirements while still mandating notice and enforcement of prohibitions against nicotine product use.

  • KRS 438.345

    in violation of → of

    This clarifies the language regarding penalties for violating the section.

  • KRS 438.345

    (5) 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) 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.

    This ensures that existing restrictions at the local level remain valid and that nothing in the section is interpreted to lessen those restrictions.

Action History

  1. signed by Governor (Acts Ch. 149)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. passed 91-2 with Committee Substitute (1) and Floor Amendment (1)

  6. House concurred in Senate Committee Substitute (1) and Floor Amendment (1)

  7. posted for passage for concurrence in Senate Committee Substitute (1) and Floor Amendment (1)

  8. to Rules (H)

  9. received in House

  10. 3rd reading, passed 35-1 with Committee Substitute (1) and Floor Amendment (1)

  11. passed over and retained in the Orders of the Day

  12. posted for passage in the Regular Orders of the Day for Tuesday, March 26, 2024

  13. 2nd reading, to Rules

  14. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  15. floor amendment (1) filed to Committee Substitute

  16. to Education (S)

  17. to Committee on Committees (S)

  18. received in Senate

  19. 3rd reading, passed 80-11 with Committee Substitute (1) and Floor Amendment (1)

  20. posted for passage in the Regular Orders of the Day for Thursday, February 22, 2024

  21. floor amendment (1) filed to Committee Substitute

  22. 2nd reading, to Rules

  23. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  24. to Education (H)

  25. to Committee on Committees (H)

  26. introduced in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

12 sponsors · 0 co-sponsors · 126 not signed on · 11 voted No

Sponsors (12)

Co-sponsors (0)

None.

Not signed on (126)

126 members have not signed on to this bill.

Show all 126 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 91 Yea · 2 Nay · 7 Other
Party YeaNayPresentNot Voting
Democrat 13200
Unaffiliated 10002
Republican 68005
Total 91207
% of votes cast 91%2%0%7%
How each member voted (100)
Member Party Vote
Dixon — Yea
Heath — Yea
Bentley — Yea
Palumbo — Yea
Timoney — Yea
Pratt — Yea
Gilbert — Yea
Graham — Yea
Justice — Not Voting
Raymond — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Nay
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Not Voting
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Not Voting
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Not Voting
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Peyton Griffee Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Not Voting
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Not Voting
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS HB 142 W/ scs1 sfa1

Passed 35 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 3000
Republican 26002
Unaffiliated 6100
Total 35102
% of votes cast 92%3%0%5%
How each member voted (38)
Member Party Vote
Southworth — Yea
Westerfield — Yea
Thayer — Yea
Yates — Yea
Turner — Yea
Schickel — Nay
Harper Angel — Yea
Cassie Chambers Armstrong Democrat Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Not Voting
Jason Nemes Republican Yea
Jimmy Higdon Republican Not Voting
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea

Official roll call →

Pass

Passed 80 Yea · 11 Nay · 7 Other
Party YeaNayPresentNot Voting
Democrat 6801
Unaffiliated 10100
Republican 64206
Total 801107
% of votes cast 82%11%0%7%
How each member voted (98)
Member Party Vote
Dixon — Yea
Bentley — Yea
Palumbo — Yea
Justice — Yea
Timoney — Yea
Pratt — Yea
Raymond — Yea
Heath — Yea
Graham — Nay
Bratcher K. — Yea
Stevenson C — Yea
Adrielle Camuel Democrat Nay
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Not Voting
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Not Voting
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Not Voting
Jim Gooch Jr. Republican Yea
John Blanton Republican Not Voting
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Nay
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Not Voting
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Not Voting
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Not Voting

Official roll call →

Subjects

public-safety education health-insurance
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Frequently asked questions

What does HB 142 do?
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.
Who sponsors HB 142?
HB 142 is sponsored by Mark Hart (Republican), Steve Riley (Republican), Shane Baker (Republican), Jared Bauman (Republican), Daniel Elliott (Republican), John Hodgson (Republican), Kevin Jackson (Republican), William Lawrence (Republican), Scott Lewis (Republican), Matt Lockett (Republican), J. Raymond, and Timmy Truett (Republican).
What is the current status of HB 142?
This bill has been enacted into law. Introduced January 04, 2024. Enacted.
Where can I track HB 142?
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