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Sponsors: Reps. Bernstein, Finlay and Thayer
Document Path: l:\council\bills\nbd\11034vr19.docx
Companion/Similar bill(s): 396, 3420
Introduced in the House on January 8, 2019
Currently residing in the House Committee on Education and Public Works
Summary: Tobacco or alternative nicotine products in schools
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/18/2018 House Prefiled 12/18/2018 House Referred to Committee on Education and Public Works 1/8/2019 House Introduced and read first time (House Journal-page 233) 1/8/2019 House Referred to Committee on Education and Public Works (House Journal-page 233)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-380 SO AS TO PROHIBIT THE USE OR POSSESSION OF ANY TOBACCO PRODUCT OR ALTERNATIVE NICOTINE PRODUCT IN PUBLIC SCHOOLS; TO AMEND SECTION 16-17-501, RELATING IN PART TO THE DEFINITION OF "ALTERNATIVE NICOTINE PRODUCT", SO AS TO CHANGE THE DEFINITION; AND TO AMEND SECTION 44-95-20, RELATING IN PART TO THE PROHIBITION OF SMOKING IN PUBLIC SCHOOLS AND PRESCHOOLS, SO AS TO ELIMINATE THE EXCLUSION FOR PRIVATE OFFICES AND TEACHERS LOUNGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-380. (A) By August 1, 2019, every local school district in the State shall adopt, implement, and enforce a written policy prohibiting at all times the use of any tobacco product or alternative nicotine product by any person in school buildings, in school facilities, on school campuses, and in or on any other school property owned or operated by the local school administrative unit. The policy also must prohibit the use of any tobacco product or alternative nicotine product by persons attending a school-sponsored event at a location not listed in this subsection when in the presence of students or school personnel or in an area where smoking or other tobacco use is otherwise prohibited by law.
(B) The policy must include at least all of the following elements:
(1) adequate notice to students, parents or guardians, the public, and school personnel of the policy;
(2) posting of signs prohibiting at all times the use of tobacco products or alternative nicotine products by any person in and on school property; and
(3) requirements that school personnel enforce the policy, including appropriate disciplinary action.
(C) Disciplinary actions for violating the policy may include, but not be limited to:
(1) for students: administrator and parent or legal guardian conference, mandatory enrollment in tobacco prevention education or cessation programs, community service, in-school suspension, suspension for extracurricular activities, or out-of-school suspension.
(2) for staff: verbal reprimand, written notification in personnel file, mandatory enrollment in tobacco prevention education, voluntary enrollment in cessation programs, or suspension;
(3) for contract or other workers: verbal reprimand, notification to contract employer, or removal from district property; and
(4) for visitors: verbal request to leave district property or prosecution for disorderly conduct for repeated offenses.
(D) The local school district shall collaborate with the Department of Health and Environmental Control, the Department of Alcohol and Other Drug Abuse Services, and the South Carolina Department of Education, as appropriate, to implement the policy, including as part of tobacco education and cessation programs and substance use prevention efforts.
(E) The policy may permit tobacco products or alternative nicotine products to be included in instructional or research activities in public school buildings if the activity is conducted or supervised by the faculty member overseeing the instruction or research and the activity does not include smoking, chewing, inhaling, or otherwise ingesting the tobacco product or alternative nicotine product.
(F) For purposes of this section:
(1) 'Tobacco product' has the same meaning as defined in Section 16-17-501.
(2) 'Alternative nicotine product' has the same meaning as defined in Section 16-17-501."
SECTION 2. A. The undesignated clause in Section 16-17-501 of the 1976 Code is amended to read:
"As used in this section and Sections 16-17-500, 16-17-502, 16-17-503, and 16-17-504:"
B. Section 16-17-501(6) of the 1976 Code is amended to read:
"(6) 'Alternative nicotine product' means a product, including electronic cigarettes, that consists of or contains nicotine or other substances that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any other means. "Alternative nicotine product" does not include:
(a) a cigarette, as defined in Section 12-21-620, or other tobacco products, as defined in Section 12-21-800;
(b) a product that is a drug pursuant to 21 U.S.C. 321(g)(1);
(c) a device pursuant to 21 U.S.C. 321(h); or
(d) a combination product described in 21 U.S.C. 353(g)."
SECTION 3. Section 44-95-20(1) of the 1976 Code is amended to read:
"(1) public schools and preschools
where routine or regular kindergarten, elementary, or secondary educational classes are held including libraries. Private offices and teacher lounges which are not adjacent to classrooms or libraries are excluded. However, this exclusion does not apply if the offices and lounges are included specifically in a directive by the local school board. This section does not prohibit school district boards of trustees from providing for a smoke-free campus;"
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on January 23, 2019 at 10:07 AM