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1998 SESSION

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989069196
HOUSE JOINT RESOLUTION NO. 164 Offered January 26, 1998 Requesting the Department of Education to study the implementation of House Bill 249 (1994), regarding smoking in public school buildings. ----------
Patrons-- Darner, Almand, Brink, Crittenden, Hull, May, Moran, Plum and Van Yahres
---------- Referred to Committee on Education ----------

WHEREAS, in the 1994, the General Assembly enacted House Bill 249, which banned smoking in public school buildings, except under certain circumstances, to promote the health of students as affected by secondhand smoke; and

WHEREAS, such legislation, as enacted, has resulted in confusion in many school divisions, causing fragmented implementation across the Commonwealth, misunderstanding concerning where and when smoking is permissible, and whether outside groups granted use of school property after regular school hours are authorized to smoke on the premises; and

WHEREAS, secondhand smoke contains carbon monoxide and other toxic substances which are harmful to the health of smokers and non-smokers; and

WHEREAS, secondhand smoke has been associated with adverse health effects in children such as bronchitis, asthma, pneumonia, Sudden Infant Death Syndrome (SIDS), and childhood cancer; and

WHEREAS, it is estimated that seven percent of ear infections, 20 percent of tonsillectomies, and 16 percent of all lung infections in children under age five are attributable to children's exposure to tobacco smoke; and

WHEREAS, many of these health conditions contribute to student absences during the school year, resulting in the lost of valuable instruction time; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Department of Education be requested to study the implementation of House Bill 249 (1994), regarding smoking in public school buildings. The Department shall determine which school divisions have implemented the law, and identify the problems that have prevented other school divisions from doing so. The Department shall also consult with the Office of the Attorney General during the study concerning the interpretation of the statute and how it may be amended to ensure full implementation of the objectives through greater clarity and more precise language.

All agencies of the Commonwealth shall provide assistance to the Department for this study, upon request.

The Department shall complete its work in time to submit its findings and recommendations to the Governor and the 1999 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.