H0097B0099A03756 DMS:CDM 11/15/19 #90 A03756
AMENDMENTS TO HOUSE BILL NO. 97
Sponsor: SENATOR BAKER
Printer's No. 99
Amend Bill, page 1, line 1, by striking out "Title" and
inserting
Titles
Amend Bill, page 1, line 1, by inserting after "Offenses)"
and 53 (Municipalities Generally)
Amend Bill, page 1, line 4, by striking out the period after
"schools" and inserting
; and, in preemptions relating to municipalities, further
providing for tobacco.
Amend Bill, page 1, lines 7 through 18; pages 2 through 4,
lines 1 through 30; page 5, lines 1 through 21; by striking out
all of said lines on said pages and inserting
Section 1. Section 6305 heading, (a)(4) and (k) of Title 18
of the Pennsylvania Consolidated Statutes are amended to read:
§ 6305. Sale of tobacco products.
(a) Offense defined.--Except as set forth in subsection (f),
a person is guilty of a summary offense if the person:
* * *
(4) locates or places a [tobacco] vending machine
containing a tobacco product in a location accessible to
minors;
* * *
Amend Bill, page 6, lines 24 through 26, by striking out
"dealer in tobacco products," in line 24 and all of lines 25 and
26 and inserting
r etailer of other tobacco products.
Amend Bill, page 7, line 3, by inserting a bracket before "A"
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Amend Bill, page 7, line 6, by inserting after "tobacco."
] As follows:
(1) The term includes:
(i) Any product containing, made or derived from
tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed,
dissolved, inhaled, snorted, sniffed or ingested by any
other means, including, but not limited to, a cigarette,
a cigar, a little cigar, chewing tobacco, pipe tobacco,
snuff and snus.
(ii) Any electronic device that delivers nicotine or
another substance to a person inhaling from the device,
including, but not limited to, electronic nicotine
delivery systems, an electronic cigarette, a cigar, a
pipe and a hookah.
(iii) Any product containing, made or derived from
either:
(A) Tobacco, whether in its natural or synthetic
form; or
(B) Nicotine, whether in its natural or
synthetic form, which is regulated by the United
States Food and Drug Administration as a deemed
tobacco product.
(iv) Any component, part or accessory of the product
or electronic device under subparagraphs (i), (ii) and
(iii), whether or not sold separately.
(2) The term does not include:
(i) A product that has been approved by the United
States Food and Drug Administration for sale as a tobacco
cessation product or for other therapeutic purposes where
the product is marketed and sold solely for such approved
purpose, so long as the product is not inhaled.
(ii) A device under paragraph (1)(ii) or (iii) if
sold by a dispensary licensed under the act of April 17,
2016 (P.L.84, No.16), known as the Medical Marijuana Act.
Amend Bill, page 7, line 7, by striking out the bracket
before ""Tobacco"
Amend Bill, page 7, line 7, by striking out "] "Vending"
Amend Bill, page 7, lines 8 and 9, by striking out ",
nicotine products or ENDS"
Amend Bill, page 7, by inserting between lines 9 and 10
Section 2. Section 6306.1 heading, (a) and (d) of Title 18
are amended and the section is amended by adding subsections to
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read:
Amend Bill, page 7, line 10, by striking out ", nicotine
products or ENDS" and inserting
products
Amend Bill, page 7, lines 12 through 16, by striking out all
of said lines and inserting
(a) [Offense defined] Pupils.--A pupil [who] commits a
summary offense if the pupil possesses or uses [tobacco] a
tobacco product :
(1) in a school building[,];
(2) on a school bus or other vehicle owned by, leased by
or under the control of a school district; or
(3) on school property owned by, leased by or under the
control of a school district [commits a summary offense].
(a.1) Other persons.--
(1) Any person, other than a pupil, commits a summary
offense if the person uses a tobacco product:
(i) in a school building;
(ii) on a school bus or other vehicle owned by,
leased by or under the control of a school district; or
(iii) on school property owned by, leased by or
under the control of a school district.
(2) The board of school directors may designate certain
areas on property owned by, leased by or under the control of
the school district where tobacco product use by persons
other than pupils is permitted. The areas must be no less
than 50 feet from school buildings, stadiums or bleachers.
(a.2) Policy.--
(1) The board of school directors shall establish a
policy to enforce the prohibition of tobacco product use
under this section and may further establish policy relating
to tobacco product use at school-sponsored events that are
held off school premises.
(2) The board of school directors shall notify
employees, pupils and parents of the policy developed in
accordance with paragraph (1) by publishing the information
in a student handbook and parent newsletter and on posters or
other efficient means.
* * *
(c.1) Preemption.--This section preempts any municipal
ordinance or school board regulation to the contrary.
Amend Bill, page 7, lines 29 and 30; page 8, lines 1 through
4; by striking out "The term shall not include, with" in line
29, all of line 30 on page 7 and all of lines 1 through 4 on
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page 8
Amend Bill, page 8, line 11, by inserting a bracket before
"area"
Amend Bill, page 8, line 11, by striking out ", charter
schools"
Amend Bill, page 8, line 12, by inserting after "units"
] a career and technical school, charter school and
intermediate unit
Amend Bill, page 8, line 13, by inserting after ""Tobacco"
product
Amend Bill, page 8, lines 13 through 16, by striking out "A
lighted or unlighted cigarette, cigar," in line 13 and all of
lines 14 through 16 and inserting
[A lighted or unlighted cigarette, cigar, pipe or other
lighted smoking product and smokeless tobacco in any form.] As
follows:
(1) The term includes:
(i) Any product containing, made or derived from
tobacco or nicotine that is intended for human
consumption, whether smoked, heated, chewed, absorbed,
dissolved, inhaled, snorted, sniffed or ingested by any
other means, including, but not limited to, a cigarette,
a cigar, a little cigar, chewing tobacco, pipe tobacco,
snuff and snus.
(ii) Any electronic device that delivers nicotine or
another substance to a person inhaling from the device,
including, but not limited to, electronic nicotine
delivery systems, an electronic cigarette, a cigar, a
pipe and a hookah.
(iii) Any product containing, made or derived from
either:
(A) Tobacco, whether in its natural or synthetic
form; or
(B) Nicotine, whether in its natural or
synthetic form, which is regulated by the United
States Food and Drug Administration as a deemed
tobacco product.
(iv) Any component, part or accessory of the product
or electronic device under subparagraphs (i), (ii) and
(iii), whether or not sold separately.
(2) The term does not include:
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(i) A product that has been approved by the United
States Food and Drug Administration for sale as a tobacco
cessation product or for other therapeutic purposes where
the product is marketed and sold solely for such approved
purpose, so long as the product is not inhaled.
(ii) A device under paragraph (1)(ii) or (iii) if
sold by a dispensary licensed under the act of April 17,
2016 (P.L.84, No.16), known as the Medical Marijuana Act.
Section 3. Section 301 of Title 53 is amended to read:
§ 301. Tobacco product.
(a) General rule.--Except as set forth in subsection (b),
the provisions of 18 Pa.C.S. § 6305 (relating to sale of tobacco
products) shall preempt and supersede any local ordinance or
rule concerning the subject matter of 18 Pa.C.S. § 6305 and of
section 206-A of the act of April 9, 1929 (P.L.343, No.176),
known as The Fiscal Code.
(b) Exception.--This section does not prohibit:
(1) Local regulation authorized by the act of April 27,
1927 (P.L.465, No.299), referred to as the Fire and Panic
Act.
(2) Local regulation enacted prior to January 1, 2002.
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment or
addition of 18 Pa.C.S. § 6306.1(a), (a.1), (a.2) and (c.1).
(2) Section 3.5 of the act of April 27, 1927 (P.L.465,
No.299), referred to as the Fire and Panic Act, is repealed.
Amend Bill, page 8, line 17, by striking out "2" and
inserting
5
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