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sb626 sub1 Senate Bill 626 History

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Key: Green = existing Code. Red = new code to be enacted


COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 626

(By Senators Rowe, Mitchell and Burnette)

____________

[Originating in the Committee on Education;

reported April 2, 2001.]

____________




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; increasing fines for violation; 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:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

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

(a) Every A person who 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 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 the state board or 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 a 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."
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