COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 626
(By Senators Rowe, Mitchell and Burnette)
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[Originating in the Committee on Education;
reported April 2, 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"; 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."