Given the significant role tobacco has played in Kentucky agriculture, economics, and history, it’s no surprise that attempts to reduce its use have faced steeped opposition. While 28 cities and 11 counties around the state have approved smoking restrictions to various degrees, the General Assembly has yet to pass a broad-based anti-smoking regulation despite numerous attempts.
This evening at 8 on Kentucky Tonight, Bill Goodman will explore this year’s legislative push for a statewide smoking ban. His guests will be Dr. Shawn Jones, past president of the Kentucky Medical Association and member of the Smoke-Free Kentucky coalition; Ken Moellman, spokesman for Northern Kentucky Choice; Jim Waters, president of the Bluegrass Institute for Public Policy Solutions; and Ashli Watts, manager of public affairs for the Kentucky Chamber of Commerce and member of the Smoke-Free Kentucky coalition.
Here’s an overview of various efforts to restrict smoking in the state over the past quarter century. This list was compiled from a review of records from the Legislative Research Commission, documents compiled by the Kentucky Tobacco Policy Research Program at the University of Kentucky College of Nursing, and the archives of the Lexington Herald-Leader and Louisville Courier-Journal.
Jefferson County Representatives Tom Burch (D-Louisville) and Anne Northup (R-Louisville) file legislation to prohibit primary and secondary school students from smoking on school grounds and busses. House Bill 127 is assigned to the agricultural committee and Burch later claims that when he presents the legislation, every member of the panel lights cigarettes and smokes them (even those known not to smoke). The committee defeats the bill on a 10 – 3 vote.
The Environmental Protection Agency classifies second-hand smoke as a carcinogen. A subsequent study the Journal of the American Medical Association concludes “environmental tobacco smoke is a significant occupational health hazard for food-service workers. To protect these workers, smoking in bars and restaurants should be prohibited.”
Rep. Northup offers legislation to restrict the sale of cigarettes to minors through vending machines. Her proposal is attached to a Senate bill sponsored by Sen. David Boswell (D-Owensboro) (a former agriculture commissioner) that requires local or state government authorities that restrict smoking in their buildings to provide ventilated public smoking areas. The bill exempts state-run universities, jails, hospitals, and residential care facilities, and essentially guarantees that some form of smoking will continue in government buildings. The final version of SB 316 passes the House, 75-12, and the Senate, 28-7, and is signed into law by Gov. Brereton Jones.
In October, the attorneys general of 46 states sign the Master Settlement Agreement with tobacco companies Philip Morris, R. J. Reynolds, Brown & Williamson, and Lorillard. The agreement allows states to recover tobacco-related healthcare costs, while prohibiting cigarette makers from targeting youth and restricting their advertising and promotional practices.
Rep. Jim Wayne (D-Louisville) sponsors a House Bill 88, which would prohibit smoking in university dormitories, residence halls, and other campus-sanctioned housing. The House defeats the measure, 49-45.
On July 1, the Lexington-Fayette Urban County Council enacts Kentucky’s first public smoking ban. The measure is the result of a two-year effort by a coalition of health advocates, and prohibits smoking in almost all enclosed public spaces. Following a legal challenge, the Kentucky Supreme Court upholds the ban, saying the council has the authority to issue the ban as a reasonable measure to protect public health, and, more importantly, that state law does not preclude local governments from enacting such prohibitions. The Lexington ban takes effect in April 2004.
In response to Lexington’s smoke-free law and discussions in Louisville to develop a similar ordinance, Sen. Dan Seum (R-Fairdale) and Rep. J. R. Gray (D-Benton) file bills to restrict the authority of local governments or health departments to enact laws to ban smoking in private businesses. House Bill 66 and Senate Bill 10 die in committee, while SB 130 passes the Senate Agriculture and Natural Resources Committee, but is later recommitted to the Appropriations and Revenue Committee.
In that same legislative session, Rep. Steve Nunn (R-Glasgow) sponsors a bill banning smoking in meeting rooms, shared offices, hallways, and stairwells of the state Capitol and Capitol Annex. Designated public smoking areas would have to have separate ventilation systems. House Bill 493 passes the House, 72-15, the Senate, 31-3, and is signed into law by Governor Ernie Fletcher.
In October, President George Bush signs the Fair and Equitable Tobacco Reform Act, which ends the tobacco quota program and establishes a system of 10 annual payments to compensate farmers, which became known as the “tobacco buy-out.”
In June, Georgetown becomes the second Kentucky city to ban smoking in public places, including restaurants and businesses.
In August the Louisville Metro Council votes 21 – 5 in favor of a smoking ban in most public workplaces. The measure is the result of a two-year campaign by health advocates who are displeased because the ordinance exempts many restaurants and bars as well as Churchill Downs, and it allows businesses to have separate smoking rooms.
Rep. Nunn sponsors a bill that grants authority to the executive branch, local governments, and universities to prohibit smoking in government-owned buildings in the Commonwealth. House Bill 55 passes the Senate, 31 – 3, the House, 91-7, and Gov. Fletcher signs it into law. Most state government buildings go smoke-free in August.
In June, Kentucky Commissioner of Public Health Dr. William Hacker states his support for a statewide smoking ban for public places. Gov. Fletcher says smoking restrictions should be left to local authorities.
Also that year, Daviess and Letcher Counties, as well as Frankfort, Morehead, and Ashland enact smoking restrictions. Louisville expands its smoke-free ordinance to include government buildings, restaurants and bars, but still allows an exemption for Churchill Downs. Restaurant and bar owners later sue, saying that exception is unfair.
Hardin, Oldham, and Madison Counties, as well as Henderson, Elizabethtown, Paintsville, Paducah, and Pikeville enact smoke-free laws.
Beattyville, Danville, and Woodford County pass smoking restrictions. Following a judge’s ruling, Louisville passes a new smoking ban that eliminates the previous Churchill Downs exemption. Lexington amends its existing ordinance to include all workplaces, public busses, bingo halls, and Bluegrass Airport.
In an appearance on Kentucky Tonight, Sen. David Williams (R-Burkesville) says he favors a statewide smoking ban, with restrictions similar to those in Louisville’s and Lexington’s ban. Health advocates say its too soon for a statewide prohibition to garner the support needed to pass, while others fear such a bill would be badly written.
Also that year, Hopkins and Clark Counties, as well as London, Campbellsville, and Prestonsburg enact smoking restrictions. In November, the University of Kentucky becomes a smoke-free campus.
Radcliffe, Bardstown, and Glasgow pass smoking restrictions. Campbell County Fiscal Court approves a ban, but new members to the body repeal the measure weeks later. The University of Louisville completes a year-long transition to become a smoke-free campus.
Rep. Susan Westrom (D-Lexington) proposes legislation to prohibit smoking in enclosed public places or enclosed places of employment, and prohibit smoking within reasonable distances outside of those spaces. The legislation also sets out specific fines for violations. House Bill 193 dies in committee.
During his gubernatorial campaign, Sen. Williams reiterates his support for a statewide smoking ban.
Kenton County, Oak Grove, Bowling Green, and Corbin approve restrictions. Bullitt County Board of Health passes a ban in all public places, including bars and restaurants, but a lawsuit pending before the Kentucky Supreme Court stalls implementation. Morehead State University becomes smoke free.
Rep. Westrom files a second attempt at a statewide ban, which is similar to her 2011 proposal to prohibit indoor smoking in businesses, places of employment, and other listed public spaces. But the new legislation eliminates language about smoking outside of public places, and allows for smoking in designated outdoor smoking areas. A floor amendment adds exemptions for private clubs, bars, agricultural buildings, and racetracks. The amendment also prohibits local governments and health departments from regulating premises exempt in the legislation. The House Health and Welfare Committee approves HB 289 on a 10 – 2 vote, but the measure is later recommitted to the Appropriations and Revenue Committee.
Franklin County, Manchester, and Somerset pass smoking restrictions.
Rep. Westrom makes a third attempt at a smoking ban with House Bill 190, the Smoke-Free Kentucky Bill. At a rally in support of the legislation, Gov. Steve Beshear says it is time for Kentucky to institute the ban. “Years from now, people will wonder why we waited so long,” Beshear says. The bill is reported favorably from the health and welfare committee, but the floor recommits the legislation to the judiciary committee, where the proposal dies.
Hopkinsville, Williamsburg, Elkhorn City, and Mayfield approve smoking prohibitions. Regents at Northern Kentucky University and at Kentucky State University vote to make their campuses smoke free.
In his State of the Commonwealth address, Gov. Beshear calls for a statewide smoking ban and a 10 percent reduction in Kentucky’s smoking rate in the next four years.
On January 8, almost 50 years to the day of the first U.S. Surgeon General’s report on the dangers of smoking, Rep. Westrom files her fourth attempt at smoke-free legislation with House Bill 173. At a rally in the capitol rotunda in support of a statewide smoking ban, Sen. Julie Denton (R-Louisville) announces her intention to file a similar bill in the Senate.
The next week, while still waiting for the Kentucky Supreme Court to rule on the local health department’s 2011 ban, Bullitt County Fiscal Court restricts smoking in county-owned buildings
And in June, Eastern Kentucky University is scheduled to become a smoke-free campus.