KRS 61.165: Smoking policy for governmental office buildings or workplaces and

postsecondary education institutions.

(1) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a

policy for smoking in governmental office buildings or workplaces shall be adopted

by state government. This policy shall apply to all state -owned or state -operated

office buildings, workplaces, and facilities, including but not limited to state -

operated hospitals and residential facilities for the intellectually dis abled, state -

operated veterans' nursing homes and health facilities, and any correctional facility

owned by, operated by, or under the jurisdiction of the state.

(2) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167,

any policy relating to smoking in state office buildings or workplaces shall be by

executive order of the Governor or action of the General Assembly, and shall:

(a) 1. Require the governmental authority to provide accessible indoor

smoking areas in any buildings wher e smoking is otherwise restricted;

and

2. Favor allowing smoking in open public areas where ventilation and air

exchange are adequate and there are no restrictions otherwise placed on

the area by the state fire marshal or other similar authority; or

(b) Prohibit indoor smoking.

(3) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a

policy for smoking in governmental office buildings or workplaces may be adopted

by county, municipal, special district, urban -county, charter county, or consolidated

local governments. Any policy adopted under this subsection may apply to any

office buildings, workplaces, or facilities that are owned by, operated by, or under

the jurisdiction of that government, including but not limited to jails and detention

facilities. Any policy relating to smoking in governmental office buildings or

workplaces of counties, municipalities, special districts, urban -county governments,

charter county governments, or consolidated local governments shall be adopted in

writing by the legislative body of the government and shall:

(a) 1. Require the government authority to provide accessible indoor smoking

areas in any buildings where smoking is otherwise restricted; and

2. Favor allowing smoking in open public areas wher e ventilation and air

exchange are adequate and there are no restrictions otherwise placed on

the area by the state fire marshal or other similar authority; or

(b) Prohibit indoor smoking.

(4) Each board of regents or trustees for each of the state postsec ondary education

institutions shall adopt a written policy relating to smoking in all buildings owned

by, operated by, or under the jurisdiction of the state postsecondary education

institutions that shall:

(a) 1. Provide accessible indoor smoking areas in any buildings where

smoking is otherwise restricted; and

2. Favor allowing smoking in open public ar eas where ventilation and air

exchange are adequate and there are no restrictions otherwise placed on

the area by the state fire marshal or other similar authority; or

(b) Prohibit indoor smoking.