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First Regular Session

Sixty-first General Assembly

LLS NO. 97­0183.01 MTJ HOUSE BILL 97­1147

STATE OF COLORADO

BY REPRESENTATIVE Leyba;

also SENATOR Chlouber.

REVISED

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING A STRENGTHENING OF THE PROHIBITION AGAINST THE USE OF TOBACCO AT SCHOOLS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Limits a school district board of education's authority to exempt school property within the school district from the prohibition against the use of tobacco products on school property.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  25­14­103.5 (3), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

25­14­103.5. Prohibition against the use of tobacco on school property ­ legislative declaration ­ education program ­ special account. (3) (a) (I)  The board of education of each school district shall adopt appropriate policies and rules which mandate a prohibition against the use of all tobacco products on all school property by students, teachers, staff, and visitors and which provide for the enforcement of such policies and rules.

(II)  The board of education of each school district is authorized to exempt any school or school property within the board's district from the requirements of this section upon the board's determination that extraordinary circumstances exist which warrant the granting of such exemption. Each board shall adopt a procedure for the submission and consideration of requests for exemption.

(b) DISTRICTS MAY RETAIN THE RIGHT TO ALLOW STUDENTS TO SMOKE IN DESIGNATED SMOKING AREAS, IF AND ONLY IF:

(I) STUDENTS HAVE PRIOR WRITTEN PERMISSION FROM THE PARENT OR GUARDIAN OF THE STUDENT, UNLESS SAID STUDENT IS OVER THE AGE OF 18 YEARS.

(II) STUDENTS ENROLL IN SMOKING CESSATION CLASS OFFERED BY THE SCHOOL.

(b) (c)   Signs regarding such prohibition and the consequences of violation shall be displayed prominently on all school property to ensure compliance no later than September 1, 1994.

SECTION 2.  Effective date.  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.