Kentucky Supreme Court
Bullitt Fiscal Court, Bullitt County, Kentucky City of Shepherdsville City of Mount Washington City of Hillview City…
June 19, 20142014 Ky. LEXIS 237
Summary
The Kentucky Supreme Court held that the Bullitt County Board of Health exceeded its statutory authority by adopting a comprehensive smoking ban under KRS 212.230(1)(c). The statute authorized subordinate health regulations but did not delegate plenary legislative power to prohibit smoking in public places, particularly absent specific legislative direction. The court also reaffirmed that existing state smoking laws did not preempt local regulation, but invalidated the Bullitt regulation on statutory-authority grounds.