{"data":{"id":"us-ky/krs-61.165","jurisdiction":"us-ky","citation":"KRS 61.165","heading":"Smoking policy for governmental office buildings or workplaces and","body":"postsecondary education institutions.\n(1) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a\npolicy for smoking in governmental office buildings or workplaces shall be adopted\nby state government. This policy shall apply to all state -owned or state -operated\noffice buildings, workplaces, and facilities, including but not limited to state -\noperated hospitals and residential facilities for the intellectually dis abled, state -\noperated veterans' nursing homes and health facilities, and any correctional facility\nowned by, operated by, or under the jurisdiction of the state.\n(2) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167,\nany policy relating to smoking in state office buildings or workplaces shall be by\nexecutive order of the Governor or action of the General Assembly, and shall:\n(a) 1. Require the governmental authority to provide accessible indoor\nsmoking areas in any buildings wher e smoking is otherwise restricted;\nand\n2. Favor allowing smoking in open public areas where ventilation and air\nexchange are adequate and there are no restrictions otherwise placed on\nthe area by the state fire marshal or other similar authority; or\n(b) Prohibit indoor smoking.\n(3) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a\npolicy for smoking in governmental office buildings or workplaces may be adopted\nby county, municipal, special district, urban -county, charter county, or consolidated\nlocal governments. Any policy adopted under this subsection may apply to any\noffice buildings, workplaces, or facilities that are owned by, operated by, or under\nthe jurisdiction of that government, including but not limited to jails and  detention\nfacilities. Any policy relating to smoking in governmental office buildings or\nworkplaces of counties, municipalities, special districts, urban -county governments,\ncharter county governments, or consolidated local governments shall be adopted in\nwriting by the legislative body of the government and shall:\n(a) 1. Require the government authority to provide accessible indoor smoking\nareas in any buildings where smoking is otherwise restricted; and\n2. Favor allowing smoking in open public areas wher e ventilation and air\nexchange are adequate and there are no restrictions otherwise placed on\nthe area by the state fire marshal or other similar authority; or\n(b) Prohibit indoor smoking.\n(4) Each board of regents or trustees for each of the state postsec ondary education\ninstitutions shall adopt a written policy relating to smoking in all buildings owned\nby, operated by, or under the jurisdiction of the state postsecondary education\ninstitutions that shall:\n(a) 1. Provide accessible indoor smoking areas in  any buildings where\nsmoking is otherwise restricted; and\n2. Favor allowing smoking in open public ar eas where ventilation and air\nexchange are adequate and there are no restrictions otherwise placed on\nthe area by the state fire marshal or other similar authority; or\n(b) Prohibit indoor smoking.","path":["KRS Chapter 61"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22897","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:14Z","sha256":"c31dc10a52d9e3aea096f65539c5949c00883238c335c748bf8534c080196979","source_id":"us-ky","stale":false,"prev":"us-ky/krs-61.160","next":"us-ky/krs-61.167"},"notice":"GroundRules: Original legal text. Not legal advice."}