22 §1578-B. Tobacco use in elementary and secondary schools prohibited - Maine Statutes

Title 22: HEALTH AND WELFARE

Subtitle 2: HEALTH

Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)

Chapter 263: OFFENSES AGAINST PUBLIC HEALTH

Subchapter 2: SMOKING HEADING: PL 1995, C. 470, §11 (NEW)

§1578-B. Tobacco use in elementary and secondary schools prohibited

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Elementary or secondary school" means any public elementary or secondary school approved in accordance with Title 20-A, chapter 206, subchapter I. [1987, c. 687, (NEW).]

B. "Principal" has the same meaning as defined in Title 20-A, section 1, subsection 21. [1987, c. 687, (NEW).]

C. "Student" means any elementary or secondary student enrolled in an elementary or secondary school as defined in Title 20-A, chapter 1. [1987, c. 687, (NEW).]

D. "Tobacco use" includes smoking, which means carrying or having in one's possession a lighted cigarette, cigar, pipe or other object giving off or containing any substance giving off smoke, and the use of smokeless tobacco. [1987, c. 687, (NEW).]

[ 1987, c. 687, (NEW) .]

2. Prohibition. Except as provided in subsection 3 , tobacco use in the buildings or on the grounds of any elementary or secondary school is prohibited.

[ 2007, c. 156, §2 (AMD) .]

3. Exceptions. Tobacco use may be permitted in classrooms only as part of a bona fide demonstration during a class lesson, with prior notice being given to the school's administrator.

[ 1987, c. 687, (NEW) .]

4. Employees.

[ 2007, c. 156, §3 (RP) .]

5. Public.

[ 2007, c. 156, §4 (RP) .]

6. Enforcement. The principal of the elementary or secondary school, or the principal's designee, shall enforce the law prohibiting and restricting tobacco use under this section.

[ 1987, c. 687, (NEW) .]

SECTION HISTORY

1987, c. 687, (NEW). 1993, c. 342, §4 (AMD). 1993, c. 342, §9 (AFF). 2007, c. 156, §§2-4 (AMD).