As it now stands, local governments in Kentucky are banned from enacting youth smoking laws that are more stringent than the state law. HB 381, sponsored by Rep. Mary Lou Marzian, D-Louisville, eases that ban by spelling out four options that local governments could pursue. The fourth local option, which retailers dislike, would allow local licensing of businesses that sell cigarettes. That way, businesses repeatedly caught selling tobacco to minors would risk losing their licenses to sell these lucrative products. This would not be a problem for retailers that are conscientious about obeying current state law.
Local governments are responsible for enforcing local ordinances.
So this bill would not create confusion or undue burdens for state enforcement agents. Given the enormity of the youth smoking problem in this state, HB 381 is an extremely modest proposal. Sure, Kentucky is a tobacco state. But Kentucky also has a long tradition of home rule and respecting local decisions on everything from alcohol sales to animal control. If Lexington, Louisville, Louisa or Livingston want to go further than the state to protect kids from tobacco products, then more power to them.