Senate Bill No. 175
(By Senators Rowe, Mitchell, Burnette, Hunter and McCabe)
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[Introduced January 11, 2002; referred to the Committee
on 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.
§16-9A-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.