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.