House File 86 - Introduced HOUSE FILE 86 BY KOESTER and ABDUL-SAMAD A BILL FOR An Act requiring school districts and accredited nonpublic 1 schools to prohibit the use of cigarettes and tobacco and 2 certain nicotine products in schools, on school grounds, in 3 school vehicles, and at off-campus school-related indoor 4 events. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1480YH (3) 84 kh/nh

H.F. 86 Section 1. Section 260C.14, subsection 3, Code 2011, is 1 amended to read as follows: 2 3. Have the powers and duties with respect to community 3 colleges, not otherwise provided in this chapter , which are 4 prescribed for boards of directors of local school districts by 5 chapter 279 except that the board of directors is not required 6 to prohibit the use of tobacco and the use or possession of 7 alcoholic liquor or beer by any student of legal age under the 8 provisions of section 279.9 . 9 Sec. 2. Section 279.9, Code 2011, is amended to read as 10 follows: 11 279.9 Use of tobacco, alcoholic beverages , or controlled 12 substances. 13 The board of directors of each school district shall adopt 14 rules shall prohibit prohibiting the use of tobacco and the 15 use or possession of alcoholic liquor, wine, or beer or any 16 controlled substance as defined in section 124.101, subsection 17 5 , by any student of the schools and the board may suspend 18 or expel a student for a violation of a rule under adopted 19 pursuant to this section . 20 Sec. 3. NEW SECTION . 280.18 Tobacco and nicotine use 21 prohibition. 22 1. The board of directors of each public school district 23 and the authorities in charge of each nonpublic school shall 24 prohibit a person from using a cigarette or a tobacco product, 25 as defined in section 453A.1, or a nicotine product at any time 26 at any of the following locations: 27 a. In a school building or other school facility under the 28 control of the school district or nonpublic school, including 29 any facility that is owned, rented, or leased by the school 30 district or nonpublic school. 31 b. On grounds that are owned, rented, or leased by the 32 school district or nonpublic school, including athletic fields 33 and parking lots. 34 c. In a vehicle owned, leased, rented, contracted for, or 35 -1- LSB 1480YH (3) 84 kh/nh 1/ 3

H.F. 86 controlled by the school district or nonpublic school. 1 d. At school-sponsored or school-related indoor events that 2 are held off campus. 3 2. As used in this section, “nicotine product” means any 4 product containing nicotine or any other preparation of tobacco 5 not described in section 453A.1, and any product or formulation 6 of matter containing biologically active amounts of nicotine 7 that is manufactured, sold, offered for sale, or otherwise 8 distributed with the expectation that the product or matter 9 will be introduced into the human body. “Nicotine product” 10 does not include any product specifically approved by the 11 United States food and drug administration for use in treating 12 nicotine or tobacco dependence. 13 EXPLANATION 14 This bill requires the board of directors of each public 15 school district and the authorities in charge of each 16 accredited nonpublic school to prohibit a person from using a 17 cigarette or a tobacco or nicotine product at any time while in 18 a school building or other school facility under the control 19 of the school district or nonpublic school, or a facility 20 that is owned, rented, or leased by the school district 21 or nonpublic school; on grounds that are owned, rented, or 22 leased by the school district or nonpublic school, including 23 athletic fields and parking lots; in a vehicle owned, leased, 24 rented, contracted for, or controlled by the school district 25 or nonpublic school; and at school-sponsored or school-related 26 indoor events that are held off campus. 27 The bill defines “nicotine product” as any product 28 containing nicotine or any other preparation of tobacco 29 not described in Code section 453A.1, and any product or 30 formulation of matter containing biologically active amounts 31 of nicotine that is manufactured, sold, offered for sale, or 32 otherwise distributed with the expectation that the product or 33 matter will be introduced into the human body, but does not 34 include any product specifically approved by the U.S. food and 35 -2- LSB 1480YH (3) 84 kh/nh 2/ 3

H.F. 86 drug administration for use in treating nicotine or tobacco 1 dependence. 2 -3- LSB 1480YH (3) 84 kh/nh 3/ 3