PRINTER'S NO. 1939

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 1564 Session of 2005

        INTRODUCED BY BISHOP, CALTAGIRONE, RUBLEY, PHILLIPS, BOYD,
           TIGUE, PISTELLA, LEACH, CREIGHTON, BLACKWELL, YOUNGBLOOD AND
           JAMES, MAY 10, 2005

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 10, 2005

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 72 (Taxation and
     2     Fiscal Affairs) of the Pennsylvania Consolidated Statutes,
     3     prohibiting use of tobacco in institutions where children
     4     reside.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 18 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 6306.2.  Use of tobacco in institutions housing minors
    10             prohibited.
    11     (a)  Offense defined.--An individual who possesses or uses
    12  tobacco in a children's institution commits a summary offense.
    13     (b)  Grading.--An individual who violates subsection (a)
    14  commits an offense.
    15     (c)  Definitions.--As used in this section, the following
    16  words and phrases shall have the meanings given to them in this
    17  subsection:
    18     "Children's institution."  An institution:

     1         (1)  which receives direct or indirect funding from the
     2     Commonwealth; and
     3         (2)  at which a minor under the age of 18 resides without
     4     a parent or guardian.
     5     "Tobacco."  A lighted or unlighted cigarette, cigar, pipe or
     6  other lighted smoking product and smokeless tobacco in any form.
     7     Section 2.  Title 72 is amended by adding a chapter to read:
     8                             CHAPTER 3
     9                         BUDGETARY MATTERS
    10  Sec.
    11  301.  Tobacco violations.
    12  § 301.  Tobacco violations.
    13     (a)  Consideration.--The General Assembly shall consider
    14  enforcement of 18 Pa.C.S. § 6306.2 (relating to use of tobacco
    15  in institutions housing minors prohibited) when making
    16  appropriations to the following:
    17         (1)  A Commonwealth agency which operates or regulates a
    18     children's institution.
    19         (2)  A children's institution.
    20     (b)  Definition.--As used in this section, the term
    21  "children's institution" has the meaning given in 18 Pa.C.S. §
    22  6306.2(c).
    23     Section 3.  This act shall take effect in 60 days.





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