Senate Bill No. 626
(By Senators Rowe, Mitchell and Burnette)
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[Introduced March 26, 2001; referred to the Committee Education;
and then to the Committee on the Judiciary.]
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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"; 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:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
ยง16-9A-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.