New E-cigarettes and Public School Law, Act 1099 Goes Into Effect Today

 ACT 1099 (Effective Friday, August 16, 2013)

An Act to Prohibit the Use of E-Cigarettes on Public School Property; and for Other Purposes


6-21-609 (a) E-Cigarettes are defined in this statute broadly, specifically any “electronic oral

device” that provides a vapor of nicotine or another substance, used to simulate smoking.

 – This section does not limit application to those products labeled e-cigarettes, but rather, any device having a heating element, battery or electronic circuit which works in combination with liquid nicotine delivery.

 While the law does cover the delivery of nicotine, it is expansive of products containing pure nicotine or propylene glycol in whole or part. Propylene glycol is a colorless, nearly odorless, clear, viscous liquid with a faintly sweet taste, which enhances penetration of substances into the body


6-21-609 (b)(1) Smoking e-cigarettes are prohibited on real property owned or leased by a public school or public charter school.

 – Important here is the designation of property owned or leased by a public school, as opposed to property on which a public school is operated.

 (b)(2) goes further to prohibit use in or on any personal property, including school buses owned or leased by the district, whether it be a traditional public school or a public charter.

 – This would seem to also include school or district vehicles, annexes, portable classrooms, etc., in other words any personal property owned by the district, that are not considered real property but may house or be utilized to educate or to transport for the school.


6-21-609 (c) Requires that a copy of the statute be conspicuously posted at every entrance

to each building owned or leased by the school or any school bus utilized to transport students.


6-21-609 (d) Persons who commit a violation of this act shall have a fine of not less than $10.00

nor more than $100.00.  There is no criminal penalty for violation of this Act