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                                                       PRINTER'S NO. 715

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 619 Session of 2001


        INTRODUCED BY WILLIAMS, COSTA, HUGHES, SCHWARTZ, LOGAN AND
           WOZNIAK, MARCH 20, 2001

        REFERRED TO EDUCATION, MARCH 20, 2001

                                     AN ACT

     1  Prohibiting the use of tobacco by adults on certain educational
     2     property; and providing for penalties.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Adult Tobacco
     7  Use on Educational Property Law.
     8  Section 2.  Definitions.
     9     The following words and phrases when used in this act shall
    10  have the meanings given to them in this section unless the
    11  context clearly indicates otherwise:
    12     "Educational property."  A public school building, bus,
    13  school campus, grounds, recreational area or athletic field or
    14  other property owned, used or operated by a school board,
    15  school, charter school or directors for the administration of
    16  any public educational institution or during a school-related
    17  activity. The term does not include:


     1         (1)  any land on which is not located a public or charter
     2     school building, school campus, school recreational area or
     3     school athletic field; or
     4         (2)  educational property owned or operated by a State
     5     institution of higher learning, community college or other
     6     school facility where only adult students are in attendance.
     7     "Person."  A natural person.
     8     "Tobacco product."  A substance that contains tobacco,
     9  including, but not limited to, cigarettes, cigars, pipes, snuff,
    10  smoking tobacco and smokeless tobacco.
    11  Section 3.  Prohibition.
    12     No person shall use a tobacco product on educational
    13  property.
    14  Section 4.  Penalties.
    15     (a)  Sentences.--A person who violates this act commits a
    16  summary offense and, upon conviction, shall be sentenced as
    17  follows:
    18         (1)  For a first conviction, to pay a fine of $75.
    19         (2)  For a subsequent conviction, to pay a fine of not
    20     more than $150.
    21     (b)  Civil violation.--A conviction under this act shall be a
    22  civil violation of this act and not a criminal offense.
    23     (c)  Enforcement.--It is the responsibility of all law
    24  enforcement officers and agencies to ensure that the provisions
    25  of this act are enforced.
    26  Section 5.  Effective date.
    27     This act shall take effect July 1, 2001.


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