PRINTER'S NO. 3465
No. 2581 Session of 1996
INTRODUCED BY DRUCE, BATTISTO, DiGIROLAMO, GEIST, BELARDI,
HALUSKA, HASTE, McCALL, DONATUCCI, LAUGHLIN, RUBLEY, MELIO,
LYNCH, EGOLF, MILLER, YOUNGBLOOD, STEIL, E. Z. TAYLOR,
JOSEPHS, PETTIT, BARD, L. I. COHEN, BOSCOLA, MERRY AND RAMOS,
MAY 1, 1996
REFERRED TO COMMITTEE ON EDUCATION, MAY 1, 1996
AN ACT
1 Amending the act of April 27, 1927 (P.L.465, No.299), entitled,
2 as amended, "An act to provide for the safety of persons
3 employed, housed, or assembled in certain buildings and
4 structures by requiring certain construction and ways of
5 egress, equipment, and maintenance; providing for the
6 licensing of projectionists, except in cities of the first
7 class and second class; requiring the submission of plans for
8 examination and approval; providing for the promulgation of
9 rules and regulations for the enforcement of this act;
10 providing for the enforcement of this act by the Department
11 of Labor and Industry, the Department of Health, boards of
12 school directors and, in certain cases, by the chiefs of fire
13 departments in cities of the third class; providing penalties
14 for violations of the provisions of this act; and repealing
15 certain acts," further providing for school tobacco control;
16 and imposing a penalty.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 3.5 of the act of April 27, 1927
20 (P.L.465, No.299), referred to as the Fire and Panic Act, added
21 December 21, 1988 (P.L.1315, No.168), is amended to read:
22 Section 3.5. School Tobacco Control.--(a) Tobacco use by
23 pupils is prohibited in school buildings and school buses and on
1 school property owned by, leased by or under the control of a
2 school district.
3 (b) (1) The board of school directors may designate smoking
4 areas for employes and shall establish policy to enforce the
5 prohibition of tobacco use under this section.
6 (2) The board of school directors shall notify employes,
7 students and parents of the policy developed in subsection
8 (b)(1) by publishing the information in a student handbook and
9 parent newsletter, and on posters or other efficient means.
10 (c) This section supersedes any municipal ordinance or
11 school board regulation to the contrary.
12 (d) Notwithstanding the provisions of section 15, this
13 section shall apply throughout this Commonwealth.
14 (d.1) A student who violates subsection (a) commits a
15 summary offense. The prosecution for a violation of subsection
16 (a) shall be initiated by the board of school directors.
17 (d.2) A prosecution for a violation of subsection (a) shall
18 not be a bar to an action based on the same facts for a
19 violation of section 10.1.
20 (e) As used in this section, the following words and phrases
21 shall have the meanings given to them in this subsection:
22 "School" means a school operated by a joint board, board of
23 directors or school board where pupils are enrolled in
24 compliance with Article XIII of the act of March 10, 1949
25 (P.L.30, No.14), known as the "Public School Code of 1949." The
26 term includes area vocational-technical schools and intermediate
27 units.
28 "Smoking" includes possession of a lighted cigarette, cigar,
29 pipe or other lighted smoking equipment.
30 "Tobacco use" includes smoking and the use of smokeless
19960H2581B3465 - 2 -
1 tobacco in any form.
2 Section 2. This act shall take effect in 60 days.
C26L35DGS/19960H2581B3465 - 3 -