1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," prohibiting smoking at bus stops.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The act of March 10, 1949 (P.L.30, No.14), known
9as the Public School Code of 1949, is amended by adding a
10section to read:

11Section 1368. Smoking Prohibited.--(a) A student of a 
12public school, private school or charter school may not smoke 
13within twenty-five (25) feet of a school bus stop for a time 
14period of thirty (30) minutes before the bus is scheduled to 
15arrive to pick up a student until ten minutes after the school 
16bus leaves after dropping off a student. The determination of 
17time shall be determined as follows:

18(1) When the bus is scheduled to pick up students in the 
19morning, this section shall use the time of day in the current
 

1prevailing time zone based upon the set time for the scheduled 
2bus stop as published or scheduled by the school district or the 
3school district's busing contractor.

4(2) When the bus is scheduled to drop off students, this
5section shall use the time of day in the current prevailing time
6zone when the bus actually drops off the students at the bus
7stop after the end of the school day.

8(3) In the event of a delayed opening for the school, the
9extra time delay shall be added to the regularly scheduled pick
10up time as indicated in paragraph (1).

11(b) The prohibition under subsection (a) shall be enforced
12as follows:

13(1) The prohibition shall include only the outdoor area
14within twenty-five (25) feet of the bus stop.

15(2) If the bus stop is a public stop also used by public
16transportation, the prohibition shall apply only to the
17students.

18(3) If the bus stop is on a corner, the twenty-five (25)
19foot radius shall be calculated from the side of the corner
20where the students congregate to wait for the bus.

21(4) If the bus stop is at a residence, the twenty-five (25)
22foot radius shall be calculated from one of the following:

23(i) The center point of the driveway where the driveway
24meets the road.

25(ii) If there is no driveway, the point at the street
26directly in front of the front door of the residence or
27business.

28(c) A school may enforce this section through appropriate
29disciplinary action and an appropriate fine after an
30investigation that may include a statement from a school bus

1driver, a student's parent or another student. The statement can
2be made either in writing or verbally to the appropriate school
3official in charge of administering this section, however, the
4report must always include the name of the person making the
5report, the location of the alleged offense, the name or
6physical description, or both, of the alleged offender and the
7time of day that the offense allegedly occurred.

8Section 2. This act shall take effect in 60 days.