Would Kentucky's 1996 House Bill 81 give health officials new power over tobacco or firearms?
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This page answers the general question as of 1996. Ask about yours and see what current Kentucky law means for your facts, with citations you can check.
Plain-English summary
A Kentucky House member asked whether proposed House Bill 81 would expand the Cabinet for Human Resources' power under KRS 211.180 to regulate tobacco and firearms. The Attorney General said it would not. The proposal added references to injuries and other health risks with a scientifically sound prevention strategy, but did not specifically grant authority over tobacco or firearm use.
The opinion addressed whether this proposed amendment added power. It did not decide every question about the Cabinet's existing public health authority.
Currency note
This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Historical summary
State legislators
House Bill 81 proposed adding “intentional and unintentional injuries” and “other health risks and health conditions” with a scientifically sound prevention and control strategy to KRS 211.180. The AG said those words did not provide the Cabinet with additional authority to regulate tobacco or firearm use.
Public health officials
The opinion described KRS 211.180 as already granting broad public health policy powers and listing specific health matters. It noted that the statute did not specifically list tobacco or firearms. The AG limited his answer to the extra authority, if any, supplied by the proposed bill.
Common questions
Would House Bill 81 newly authorize tobacco regulations?
The AG said its proposed wording gave the Cabinet no additional power to regulate tobacco use.
Would the bill newly authorize firearm-use regulations?
The AG reached the same conclusion for firearm use.
Did the opinion decide whether the Cabinet already had any such power?
It answered whether the proposed bill would add power. It did not decide the full scope of the Cabinet's existing authority.
Background and statutory framework
The request concerned a proposed amendment to KRS 211.180. The AG compared the Cabinet's then-existing public health functions with the new phrases in House Bill 81 and concluded that those phrases did not specifically empower regulation of tobacco or firearms.
Citations and references
- KRS 211.180
- House Bill 81 (1996)
Source
Original opinion text
OAG 96-2
January 16, 1996
Subject: Statutory powers of the Cabinet for Human Resources
Written By: Scott White, Director,Civil and Environmental Law Division
Requested By: Thomas J. Burch, Honorable House Member from Jefferson County (District 30)
Syllabus: House Bill 81, a proposed house amendment to KRS 211.180, does not provide any additional power to the Cabinet for Human Resources to regulate in the areas of firearms or tobacco.
OAGs Cited: None.
Statutes Construed: KRS 15.025 and 211.180
OPINION OF THE ATTORNEY GENERAL
The Office of the Attorney General is asked by the requestor whether House Bill 81, a proposed amendment to KRS 211.180 “Functions of Cabinet [for Human Resources] and regulation of certain health matters–inspection fees”, extends the intent and subject matter of that statute to the Cabinet for Human Resources' regulation and control of matters related to tobacco and firearms.
KRS 211.180, as it currently exists, enables the Cabinet to formulate, promote, establish and execute policies, plans and programs relating to all matters of public health. The statute goes on to specifically delineate particular “public health” areas to which the Cabinet is to address itself. Neither tobacco nor firearms are specifically set forth.
House Bill 81, a copy of which was provided to us by the requestor, adds “intentional and unintentional injuries” and “other health risks and health conditions for which there exists a scientifically-sound public health strategy for prevention and control” to (1)(a) of the statute. The proposed amendment does not specifically empower the Cabinet to address issues relating to tobacco and firearms.
Therefore, in response to the specific question of the requestor, it is the Opinion of the Office of Attorney General that House Bill 81 does not provide any additional power to the Cabinet for Human Resources to regulate in the area of tobacco and firearm use.
ALBERT B. CHANDLER III
ATTORNEY GENERAL
SCOTT WHITE
DIRECTOR
CIVIL AND ENVIRONMENTAL LAW DIVISION
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