First Regular Session
Sixty-first General Assembly
LLS NO. 970183.01 MTJ
HOUSE BILL 971147
STATE OF COLORADO
BY REPRESENTATIVE Leyba;
also SENATOR Chlouber.
WELFARE & INSTITUTIONS
A BILL FOR AN ACT
CONCERNING A STRENGTHENING OF THE PROHIBITION AGAINST
THE USE OF TOBACCO AT SCHOOLS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
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.
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.
(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
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.