COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 175

(By Senators Rowe, Mitchell, Burnette, Hunter and McCabe)

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[Originating in the Committee on Education;

reported January 16, 2002.]

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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 school building or school 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".
(c) Nothing shall preclude the imposition of the penalty prescribed in section three of this article, and the imposition of the penalty set forth in this section if the prohibited action violates both sections.