ENGROSSED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 626
(By Senators Rowe, Mitchell and Burnette)
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[Originating in the Committee on the Judiciary;
reported April 4, 2001.]
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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"; prohibiting possession and use of
tobacco products in all school buildings and grounds; limiting
exemption from tobacco restrictions to areas closed to view of
students; increasing fines for violation; and permitting law-
enforcement officers to issue warnings in lieu of citations
for violations.
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 a law-enforcement officer may issue a
warning in lieu of a citation for any offense under this section.
The prohibition contained in this section 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 That
nothing herein shall The provisions of this section may not 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) This section shall be known as the "Tobacco Free School
Act".