HOUSE FILE 86

BY  KOESTER and ABDUL-SAMAD

A BILL FOR

An Act requiring school districts and accredited nonpublic schools to prohibit the use of cigarettes and tobacco and certain nicotine products in schools, on school grounds, in school vehicles, and at off-campus school-related indoor events.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 260C.14, subsection 3, Code 2011, is amended to read as follows:
   3.  Have the powers and duties with respect to community colleges, not otherwise provided in this chapter, which are prescribed for boards of directors of local school districts by chapter 279 except that the board of directors is not required to prohibit the useof tobacco and the use or possession of alcoholic liquor or beer by any student of legal age under the provisions of section 279.9.
   Sec. 2.  Section 279.9, Code 2011, is amended to read as follows:
   279.9  Use oftobacco, alcoholic beverages, or controlled substances.
   The board of directors of each school district shall adopt rules shall prohibit prohibiting the use of tobacco 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 board may suspend or expel a student for a violation of a rule under adopted pursuant to this section.
   Sec. 3.  NEW SECTION.  280.18  Tobacco and nicotine use prohibition.
   1.  The board of directors of each public school district and the authorities in charge of each nonpublic school shall prohibit a person from using a cigarette or a tobacco product, as defined in section 453A.1, or a nicotine product at any time at any of the following locations:
   a.  In a school building or other school facility under the control of the school district or nonpublic school, including any facility that is owned, rented, or leased by the school district or nonpublic school.
   b.  On grounds that are owned, rented, or leased by the school district or nonpublic school, including athletic fields and parking lots.
   c.  In a vehicle owned, leased, rented, contracted for, or controlled by the school district or nonpublic school.
   d.  At school-sponsored or school-related indoor events that are held off campus.
   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 product specifically approved by the United States food and drug administration for use in treating nicotine or tobacco dependence.
EXPLANATION
   This bill requires the board of directors of each public school district and the authorities in charge of each accredited nonpublic school to prohibit a person from using a cigarette or a tobacco or nicotine product at any time while in a school building or other school facility under the control of the school district or nonpublic school, or a facility that is owned, rented, or leased by the school district or nonpublic school; on grounds that are owned, rented, or leased by the school district or nonpublic school, including athletic fields and parking lots; in a vehicle owned, leased, rented, contracted for, or controlled by the school district or nonpublic school; and at school-sponsored or school-related indoor events that are held off campus.
   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, but does not include any product specifically approved by the U.S. food and drug administration for use in treating nicotine or tobacco dependence.