PRINTER'S NO. 2086
No. 1659 Session of 2005
INTRODUCED BY CREIGHTON, BOYD, CALTAGIRONE, CORNELL, CRAHALLA,
DALEY, GEIST, GINGRICH, MACKERETH, MANN, RUBLEY, SAYLOR,
B. SMITH, CLYMER AND ARMSTRONG, JUNE 7, 2005
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 7, 2005
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," prohibiting use of tobacco in college
16 dormitories.
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,
21 reenacted and amended December 20, 2000 (P.L.944, No.128), is
22 amended to read:
23 Section 3.5. [School] Tobacco Control.--(a) (1) Tobacco
24 use or possession by pupils is prohibited in school buildings;
1 and on buses, vans or other vehicles owned by, leased by or
2 under the control of a school district; and on property owned
3 by, leased by or under the control of a school district.
4 (2) Tobacco use by any person other than a pupil is
5 prohibited in school buildings; and on buses, vans or other
6 vehicles owned by, leased by or under the control of a school
7 district; and on property owned by, leased by or under the
8 control of a school district.
9 (3) The board of school directors may designate certain
10 areas on property owned by, leased by or under the control of
11 the school district where tobacco use by persons other than
12 pupils is permitted. Such areas shall be no less than fifty (50)
13 feet from school buildings, stadiums or bleachers.
14 (4) Tobacco use is prohibited in college dormitories.
15 (b) (1) The board of school directors shall establish
16 policy to enforce the prohibition of tobacco use under this
17 section and may further establish policy relating to tobacco use
18 at school-sponsored events which are held off school premises.
19 (2) The board of school directors shall notify employes,
20 pupils and parents of the policy developed in subsection (b)(1)
21 by publishing the information in a student handbook and parent
22 newsletter and on posters or other efficient means.
23 (b.1) An offense under this section shall be deemed an
24 offense under 18 Pa.C.S. § 6306.1 (relating to use of tobacco in
25 schools prohibited).
26 (c) This section supersedes any municipal ordinance or
27 school board regulation to the contrary.
28 (d) Notwithstanding the provisions of section 15, this
29 section shall apply throughout this Commonwealth.
30 (e) As used in this section, the following words and phrases
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1 shall have the meanings given to them in this subsection:
2 "Adult education program" means any general extension
3 education services provided and administered by a school board
4 of directors under Article XIX of the act of March 10, 1949
5 (P.L.30, No.14), known as the "Public School Code of 1949," an
6 adult literacy program offered pursuant to the act of October
7 22, 1986 (P.L.1452, No.143), known as the "Pennsylvania Adult
8 Basic and Literacy Education Act," or any other program for
9 adults approved by a school board of directors.
10 "College" means a nonprofit educational institution situated
11 within this Commonwealth which is empowered to provide a program
12 of education beyond the high school level, which by virtue of
13 governing law and regulation is recognized by the State Board of
14 Education as an institution of higher education and which places
15 no restrictions upon the admission of students based upon race,
16 creed or national origin.
17 "Dormitory" means a building owned by a college and used as a
18 residence by students of the college.
19 "Pupil" means a person who is at least six (6) years of age
20 but not more than twenty-one (21) years of age and who is
21 enrolled in a school. For purposes of this section, this
22 definition shall not include an individual eighteen (18) years
23 of age or older who is enrolled in an adult education program.
24 "School" means a school operated by a joint board, board of
25 directors or school board where pupils are enrolled in
26 compliance with Article XIII of the act of March 10, 1949
27 (P.L.30, No.14), known as the "Public School Code of 1949." The
28 term includes elementary schools, secondary schools, area
29 vocational-technical schools and intermediate units.
30 "Tobacco" includes a lighted or unlighted cigarette, cigar,
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1 pipe or other smoking product or material and smokeless tobacco
2 in any form.
3 Section 2. This act shall take effect in 60 days.
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