PRIOR PRINTER'S NO. 421                       PRINTER'S NO. 1741

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 401 Session of 1995


        INTRODUCED BY STAIRS, NAILOR, DALEY, MELIO, HERSHEY, FLEAGLE,
           E. Z. TAYLOR, BUNT, SATHER, COLAFELLA, YOUNGBLOOD, CIVERA,
           TRICH, L. I. COHEN, LLOYD, EGOLF, GEIST, MILLER, ARMSTRONG,
           SCHULER, JOSEPHS, SURRA AND BROWN, JANUARY 31, 1995

        AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 26, 1995

                                     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," providing for penalties relating to school
    16     tobacco control; and further providing for penalties relating
    17     to smoking in prohibited areas.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Section 3.5 of the act of April 27, 1927
    21  (P.L.465, No.299), referred to as the Fire and Panic Act, is
    22  amended by adding a subsection to read:
    23     Section 3.5.  School Tobacco Control.--* * *
    24     (f)  A person PUPIL who violates subsection (a) commits a      <--

     1  summary offense and shall, upon conviction, be sentenced to pay
     2  a fine of not more than fifty dollars ($50.00). WHEN A PUPIL IS   <--
     3  CHARGED WITH VIOLATING SUBSECTION (A), THE COURT MAY ADMIT THE
     4  OFFENDER TO AN ADJUDICATION ALTERNATIVE AS AUTHORIZED IN 42
     5  PA.C.S. § 1520 (RELATING TO ADJUDICATION ALTERNATIVE PROGRAM) IN
     6  LIEU OF IMPOSING THE FINE.
     7     Section 2.  Section 10.1(i) of the act, added December 21,
     8  1988 (P.L.1315, No.168), is amended to read:
     9     Section 10.1.  Clean Indoor Air.--* * *
    10     (i)  A violation of this section shall be a summary offense
    11  punishable by a [civil] fine of not more than fifty dollars
    12  ($50.00). WHEN A PERSON IS CHARGED WITH VIOLATING THIS SECTION,   <--
    13  THE COURT MAY ADMIT THE OFFENDER TO AN ADJUDICATION ALTERNATIVE
    14  AS AUTHORIZED IN 42 PA.C.S. § 1520 (RELATING TO ADJUDICATION
    15  ALTERNATIVE PROGRAM) IN LIEU OF IMPOSING THE FINE.
    16     * * *
    17     Section 3.  This act shall take effect in 60 days.









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