Vaping on public school property is against the law in Kentucky. But some people still do it – notably students. On Thursday, the Kentucky House took steps to change that, passing a bill to require schools to confiscate vapes and other nicotine products, plus penalize students who use them at school.
Under House Bill 142, school districts would be required (at a minimum) to confiscate vape, tobacco or other nicotine products from any student who uses the products at school or school events. If the student is caught using the products more than once, they would receive school-level disciplinary action. After three or more times, they would have to receive in-school or out-of-school suspension.
The bill is sponsored by Northern Kentucky lawmaker Rep. Mark Hart (R-Falmouth) and former Kentucky public educator Rep. Steve Riley (R-Glasgow). Both say vaping at school is a problem despite current laws that not only prohibit vaping at school but prohibit anyone under age 21 in Kentucky from buying or possessing vape products.
State law currently requires police to confiscate vape or tobacco products from someone under age 21 if the product is in plain view of an officer. It does not, however, extend that same authority to schools.
“I hear over and over from school personnel the overwhelming problem with vaping,” Riley said in a floor debate on the bill Thursday. “So I think we all recognize this is a major problem for our young people.”
That matches statistics from Kentucky’s 2021 Youth Risk Behavior Survey, in which 21.9% of high school students surveyed said they had recently used vape products compared to 4.9% who said they had recently smoked cigarettes. The survey was cited in a Feb. 8 University of Kentucky health news report.
The 2021 survey also indicated that 11.3% of Kentucky middle school students surveyed reported recent vape use. Recent cigarette use was reported among 1.6% of middle school students surveyed.
Dr. Melinda Ickes, assistant research dean with the UK College of Education, is quoted in the UK news report as saying vape use is part of a trend among both Kentucky youth and adults.
“Kentucky historically has had pretty high tobacco use rates across all forms of tobacco, and we’re still, unfortunately, seeing that with e-cigarettes and vaping not only with youth but also adults,” Ickes said, according to the report. “Even if someone is curious and just tries it a couple of times, the risk of dependency increases significantly. These products are certainly not harmless, and especially for young people, they can have lasting effects like mood disorders, impacting brain development, and things related to mental health.”
HB 142 would require school boards to report incidents of nicotine use – along with product type, school name, and grade level – to the state every year to help lawmakers assess the use of vape and other nicotine products among youth. Any type of medical intervention needed because of a student’s nicotine use would be added to the report, which would then be compiled into a statewide report before Sept. 1 each year.
Vape and tobacco retailers could also see changes to their business as lawmakers continue to look for ways to prevent underage use of their products.
In 2023, Kentucky Youth Advocates (an advocacy group that partners with groups like Kosair Charities, Kentucky Oral Health Coalition and Kids Count for policy change) suggested statewide tobacco retail licensing among its proposed solutions to ensure age-appropriate sales of vape and similar products. Currently, Kentucky does not require a separate license to sell tobacco or vape products.
HB 142, as originally written, would have required a “vapor retail license,” but that requirement was removed from the bill in committee.
Hart said last week he expects the licensing requirement to reappear in another bill this session, but so far, it hasn’t.
Instead the full House Thursday voted to amend HB 142 to require “evidence-based age-appropriate” vape and nicotine cessation materials be provided to public school students statewide. Louisville Democrat Rep. Lisa Willner is the sponsor of the amendment, which would allow students to complete a nicotine education program after three or more violations, in addition to in-school or out-of-school suspension.
Willner told the House her amendment sets out “proactive, preventative measures” that could help young people.
“We know that vaping is a real problem in our schools,” she told the House. “It’s not just a classroom discipline issue though, it also poses a real health risk to our kids,”
Among lawmakers voting no on HB 142 Thursday was Rep. Tina Bojanowski (D-Louisville). The Jefferson County public school teacher specifically disagreed with provisions regarding suspension.
“By simply suspending students and sending them home — I do not feel the suspension language will change this behavior,” Bojanowski said on the floor.
NKY lawmakers voting for the bill besides Hart were Rep. Kim Banta (R-Fort Mitchell), Rep. Mike Clines (R-Alexandria), Rep. Stephanie Dietz (R-Edgewood), Rep. Kimberly Moser (R-Taylor Mill), Rep. Marianne Proctor (R-Union) and Rep. Steve Rawlings (R-Burlington). Voting no on the bill was Rep. Rachel Roberts (D-Newport). Not voting on the bill were Rep. Steven Doan (R-Erlanger) and Rep. Savannah Maddox (R-Dry Ridge).
HB 142 now goes to the Senate for its consideration.
Rebecca Hanchett is LINK nky’s Frankfort correspondent. You can reach her at rhanchett@linknky.com