NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 11-1016
      
      
      BY REPRESENTATIVE(S) Summers, Court, Fields, Kerr J., Labuda,
      Massey, Schafer S., Solano, Todd, Joshi;
      also SENATOR(S) Boyd, Aguilar, Foster, Guzman, Heath, Hodge, Hudak,
      Jahn, King S., Newell, Nicholson, Schwartz, Steadman.
      
      
      Concerning prohibitions against furnishing tobacco products to
           minors.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  18-13-121 (5), Colorado Revised Statutes, is amended
      to read:
      
           18-13-121.  Furnishing cigarettes or tobacco products to minors.
      (5) (a)  As used in this section, "tobacco product" means:
      
           (I)  Any product that contains nicotine or tobacco or is derived
      from tobacco and is intended to be ingested or inhaled by or applied to the
      skin of an individual; except that or
      
           (II)  Any electronic device that can be used to deliver
      nicotine to the person inhaling from the device, including but not
      limited to an electronic cigarette, cigar, cigarillo, or pipe.
      
           (b)  Notwithstanding any provision of paragraph (a) of this
      subsection (5) to the contrary, "tobacco product" does not mean any
      product that the food and drug administration of the United States
      department of health and human services has approved as a tobacco use
      cessation product.
      
           SECTION 2.  24-35-502 (6), Colorado Revised Statutes, is amended
      to read:
      
           24-35-502.  Definitions.  As used in this part 5, unless the context
      otherwise requires:
      
           (6)  "Tobacco products product" has the same meaning as provided
      in section 39-28.5-101 (5) section 18-13-121, C.R.S.
      
           SECTION 3.  Repeal.  24-35-508, Colorado Revised Statutes, is
      repealed as follows:
      
           24-35-508.  Repeal of part.  This part 5 is repealed, effective July
      1, 2011.
      
           SECTION 4.  25-14-103.5 (1), Colorado Revised Statutes, is
      amended to read:
      
           25-14-103.5.  Prohibition against the use of tobacco products on
      school property - legislative declaration - education program - special
      account.  (1)  The general assembly finds that many of the schools in this
      state permit the use of tobacco products in and around school property. 
      The general assembly further finds that secondhand smoke generated by
      such activity and the negative example set and frequently imitated by our
      school children are detrimental to the health and well-being of such children
      as well as to school teachers, staff, and visitors.  Accordingly, the general
      assembly finds and declares that it is appropriate to create a safe and healthy
      school environment by prohibiting the use of tobacco products on all school
      property.
      
           SECTION 5.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO