Introduced Version Senate Bill 175 History

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Senate Bill No. 175

(By Senators Rowe, Mitchell, Burnette, Hunter and McCabe)


[Introduced January 11, 2002; referred to the Committee

on Education; and then to the Committee on the Judiciary.]


A BILL to amend and reenact section four, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to creating the "Tobacco Free School Act"; possession and use of tobacco products at schools of this state; restricting the use of tobacco products at schools of the state; and requiring school principals to notify law-enforcement authorities of information about violations of state law banning possession of tobacco by minors and the unauthorized use of tobacco products on school property.

Be it enacted by the Legislature of West Virginia:
That section four, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§16-9A-4. Use of tobacco or tobacco products in certain areas of certain public schools prohibited; penalty.

(a) Every A person who shall smoke a cigarette or cigarettes, pipe, cigar or other implement, of any type or nature, designed, used or employed for smoking any tobacco or tobacco product or who shall use any tobacco product, whether chewing tobacco, snuff or otherwise, in a building or structure or on the grounds of any school of this state, any building or part thereof used for instructional purposes, in any school of this state as defined in section one, article one, chapter eighteen of this code, or on any lot or grounds actually used for instructional purposes of any such school of this state while such the school is used or occupied for school purposes, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense by a fine of not less than one fifty nor more than five two hundred fifty dollars: Provided, That this prohibition shall not be construed to prevent the use of any tobacco or tobacco product in any faculty lounge or staff lounge or faculty office or other area of said a public school not used for instructional purposes: Provided, however, That where students do not have no access and no view of thereto those exempted areas at any time: Provided, further, however, That nothing herein contained shall be construed to prevent any county board of education from promulgating rules and regulations that further restrict the use of tobacco or tobacco products, in any form, from any other part or section of any property public school building under its ownership, control or jurisdiction.
(b) The principal of any school of this state or his or her appointed designee shall notify local law-enforcement officials having jurisdiction of information about violation of this section, or sections three and seven of this article, immediately upon learning that a violation may have occurred, together with the names of any persons who may have violated this section and any witnesses or other persons having information about a violation of this section.
(c) This statute shall be known as the "Tobacco Free School Act."

NOTE: The purpose of the "Tobacco Free School Act" is to enforce the statute banning the use and possession of tobacco products by minors on school property; to restrict the use of tobacco products by all persons on school property, except in areas where no student has access; and to require principals to report to law-enforcement officials of information about violation of those tobacco control statutes.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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