WEST virginia legislature
2018 regular session
Introduced
Senate Bill 534
By Senators Palumbo, Takubo, Stollings, Woelfel, Cline, and Jeffries
[Introduced February
14, 2018; Referred
to the Committee on the Judiciary]
A BILL to amend and reenact §16-9A-4 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for certain tobacco-related offenses on public school property; and correcting a typographical error.
Be it enacted by the Legislature of West Virginia:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-4. Use of tobacco, tobacco products, alternative nicotine products or vapor products in certain areas of certain public schools prohibited; penalty.
Every person who shall
smoke smokes 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 uses any tobacco
product or tobacco-derived product in any building or part thereof used for
instructional purposes, in any school of this state, as defined in §18-1-1 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 is guilty of a misdemeanor
and, upon conviction thereof, shall be punished for each offense by a fine of
not less than $1 nor more than five dollars $25: Provided,
That this prohibition shall not be construed to does not prevent
the use of any tobacco or tobacco product or tobacco-derived product, in any
faculty lounge or staff lounge or faculty office or other area of said a
public school not used for instructional porposes purposes Provided,
however, That if students do not have access thereto. Provided
further, That nothing herein contained shall be construed to This
section does not prevent any county board of education from promulgating
rules and regulations that further restrict the use of tobacco products
or tobacco-derived products, in any form, from any other part or section of any
public school building under its jurisdiction.
NOTE: The purpose of this bill is to increase the penalty for using tobacco and tobacco-derived products on school property.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.