HOUSE FILE 579

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HF 414)

(COMPANION TO LSB 2435SV BY COMMITTEE ON EDUCATION)

A BILL FOR

An Act prohibiting use by any student enrolled in a school district and use on school grounds of nicotine products and providing restrictions for violation of the prohibition.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 279.9, Code 2011, is amended to read as follows:
   279.9  Use of tobacco, alcoholic beverages, or controlled substances.
   1.  Therules shall prohibit the use of tobacco, including nicotine products, and the use or possession of alcoholic liquor, wine, or beer or any controlled substance as defined in section 124.101, subsection 5, by any student of the schools,and the or by anyone on school grounds, is prohibited. The school board may suspend or expel a student for a violation ofa rule under this section.  The school board may remove a person for violation of this section and may bar the person’s future presence on school grounds for such violation.
   2.  As used in this section,“nicotine product” means any product containing nicotine or any other preparation of tobacco not described in section 453A.1, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body.“Nicotine product” does not include any cessation product specifically approved by the United States food and drug administration for use in reducing, treating, or eliminating nicotine or tobacco dependence.
EXPLANATION
   This bill provides that the use of nicotine products by any student, or by anyone on school grounds, is prohibited. For a violation of the provision, the school board may suspend or expel a student, may remove a person, and may bar the person’s future presence on school grounds.
   The bill defines “nicotine product” as any product containing nicotine or any other preparation of tobacco not described in Code section 453A.1, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body. “Nicotine product” does not include any cessation product specifically approved by the United States food and drug administration for use in reducing, treating, or eliminating nicotine or tobacco dependence.