SENATE AMENDED
PRIOR PRINTER'S NOS. 877, 3742 PRINTER'S NO. 4228
No. 819 Session of 1999
INTRODUCED BY PHILLIPS, DEMPSEY, ORIE, STABACK, SURRA,
E. Z. TAYLOR, RUBLEY, DALEY, TIGUE, READSHAW, SEYFERT, ROSS,
WILLIAMS, HENNESSEY, STEELMAN, J. TAYLOR AND COLAFELLA,
MARCH 10, 1999
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 21, 2000
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 MAKING A REPEAL.
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 reenacted and amended
22 to read:
23 Section 3.5. School Tobacco Control.--(a) (1) Tobacco use
1 or possession by pupils is prohibited in school buildings; and
2 [school buses] on buses, vans or other vehicles owned by, leased
3 by or under the control of a school district; and on [school]
4 property owned by, leased by or under the control of a school
5 district.
6 (2) Tobacco use by any person other than a pupil is
7 prohibited in school buildings; and on buses, vans or other
8 vehicles owned by, leased by or under the control of a school
9 district; and on property owned by, leased by or under the
10 control of a school district.
11 (3) The board of school directors may designate certain
12 areas on property owned by, leased by or under the control of
13 the school district where tobacco use by persons other than
14 pupils is permitted. Such areas shall be no less than fifty (50)
15 feet from school buildings, stadiums or bleachers.
16 (b) (1) The board of school directors [may designate
17 smoking areas for employes and] shall establish policy to
18 enforce the prohibition of tobacco use under this section[.] and
19 may further establish policy relating to tobacco use at school-
20 sponsored events which are held off school premises.
21 (2) The board of school directors shall notify employes,
22 [students] pupils and parents of the policy developed in
23 subsection (b)(1) by publishing the information in a student
24 handbook and parent newsletter, and on posters or other
25 efficient means.
26 (b.1) An offense under this section shall be deemed an
27 offense under 18 Pa.C.S. § 6306.1 (relating to use of tobacco in
28 schools prohibited).
29 (c) This section supersedes any municipal ordinance or
30 school board regulation to the contrary.
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1 (d) Notwithstanding the provisions of section 15, this
2 section shall apply throughout this Commonwealth.
3 (e) As used in this section, the following words and phrases
4 shall have the meanings given to them in this subsection:
5 "Adult education program" means any general extension
6 education services provided and administered by a school board
7 of directors under Article XIX of the act of March 10, 1949
8 (P.L.30, No.14), known as the "Public School Code of 1949," an
9 adult literacy program offered pursuant to the act of October
10 22, 1986 (P.L.1452, No.143), known as the "Pennsylvania Adult
11 Basic and Literacy Education Act" or any other program for
12 adults approved by a school board of directors.
13 "Pupil" means a person who is at least six (6) years of age
14 but not more than twenty-one (21) years of age and who is
15 enrolled in a school. For purposes of this section, this
16 definition shall not include an individual eighteen (18) years
17 of age or older who is enrolled in an adult education program.
18 "School" means a school operated by a joint board, board of
19 directors or school board where pupils are enrolled in
20 compliance with Article XIII of the act of March 10, 1949
21 (P.L.30, No.14), known as the "Public School Code of 1949." The
22 term includes elementary schools, secondary schools, area
23 vocational-technical schools and intermediate units.
24 ["Smoking" includes possession of a lighted cigarette, cigar,
25 pipe or other lighted smoking equipment.
26 "Tobacco use" includes smoking and the use of smokeless
27 tobacco in any form.]
28 "Tobacco" includes a lighted or unlighted cigarette, cigar,
29 pipe or other smoking product or material and smokeless tobacco
30 in any form.
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1 Section 2. This act shall take effect in 60 days. <--
2 SECTION 2. AS MUCH OF SECTION 1102(A) OF THE ACT OF NOVEMBER <--
3 10, 1999 (P.L.491, NO.45), KNOWN AS THE PENNSYLVANIA
4 CONSTRUCTION CODE ACT, AS REPEALS SECTION 15.1 OF THE ACT IS
5 REPEALED.
6 SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
7 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
8 IMMEDIATELY:
9 (I) SECTION 2 OF THIS ACT.
10 (II) THIS SECTION.
11 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
12 DAYS.
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