<br><br> <br>Page 1 of 2 <br>61.165 Smoking policy for governmental office buildings or workplaces and <br>postsecondary education institutions. <br>(1) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a <br>policy for smoking in governmental office buildings or workplaces shall be adopted <br>by state government. This policy shall apply to all state-owned or state-operated <br>office buildings, workplaces, and facilities, including but not limited to state-<br>operated hospitals and residential facilities for the intellectually disabled, state-<br>operated veterans' nursing homes and health facilities, and any correctional facility <br>owned by, operated by, or under the jurisdiction of the state. <br>(2) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, <br>any policy relating to smoking in state office buildings or workplaces shall be by <br>executive order of the Governor or action of the General Assembly, and shall: <br>(a) 1. <br>Require the governmental authority to provide accessible indoor <br>smoking areas in any buildings where smoking is otherwise restricted; <br>and <br>2. <br>Favor allowing smoking in open public areas where ventilation and air <br>exchange are adequate and there are no restrictions otherwise placed on <br>the area by the state fire marshal or other similar authority; or <br>(b) Prohibit indoor smoking. <br>(3) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a <br>policy for smoking in governmental office buildings or workplaces may be adopted <br>by county, municipal, special district, urban-county, charter county, or consolidated <br>local governments. Any policy adopted under this subsection may apply to any <br>office buildings, workplaces, or facilities that are owned by, operated by, or under <br>the jurisdiction of that government, including but not limited to jails and detention <br>facilities. Any policy relating to smoking in governmental office buildings or <br>workplaces of counties, municipalities, special districts, urban-county governments, <br>charter county governments, or consolidated local governments shall be adopted in <br>writing by the legislative body of the government and shall: <br>(a) 1. <br>Require the government authority to provide accessible indoor smoking <br>areas in any buildings where smoking is otherwise restricted; and <br>2. <br>Favor allowing smoking in open public areas where ventilation and air <br>exchange are adequate and there are no restrictions otherwise placed on <br>the area by the state fire marshal or other similar authority; or <br>(b) Prohibit indoor smoking. <br>(4) Each board of regents or trustees for each of the state postsecondary education <br>institutions shall adopt a written policy relating to smoking in all buildings owned <br>by, operated by, or under the jurisdiction of the state postsecondary education <br>institutions that shall: <br>(a) 1. <br>Provide accessible indoor smoking areas in any buildings where <br>smoking is otherwise restricted; and <br><br> <br>Page 2 of 2 <br>2. <br>Favor allowing smoking in open public areas where ventilation and air <br>exchange are adequate and there are no restrictions otherwise placed on <br>the area by the state fire marshal or other similar authority; or <br>(b) Prohibit indoor smoking. <br>Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 141, sec. 6, effective July 15, 2010. -- Amended <br>2006 Ky. Acts ch. 115, sec. 1, effective July 12, 2006. -- Amended 2004 Ky. Acts <br>ch. 72, sec. 2, effective July 13, 2004. -- Created 1994 Ky. Acts ch. 480, sec. 1, <br>effective July 15, 1994. <br><br>