20-5-411. Use of tobacco product in public school building or property prohibited. (1) An individual may not use a tobacco product in a public school building or property during school hours.
     (2) Subsection (1) does not apply to the use of a tobacco product:
     (a) in a classroom or on other school property as part of a lecture, demonstration, or educational forum sanctioned by a school administrator or faculty member concerning the risks associated with use of a tobacco product;
     (b) as a part of a play, performance, or other theatrical event sanctioned by a school administrator or faculty member;
     (c) after school hours by persons in a tobacco, alcohol, or drug rehabilitation, counseling, or control group using school facilities for a meeting or event that is in furtherance of the group's goals and that is sanctioned by a school administrator or other public official; or
     (d) by nonstudent adults in any area designated as a smoking area by the school administrator or by the board of trustees of the school district.
     (3) The principal of an elementary or secondary school, or the principal's designee, may enforce this section.
     (4) For the purposes of this section, the following definitions apply:
     (a) "Public school building or property":
     (i) means public land, fixtures, buildings, or other property owned or occupied by an institution for the teaching of minor children that is established and maintained under the laws of the state of Montana at public expense; and
     (ii) includes school playgrounds, school steps, parking lots, administration buildings, athletic facilities, gymnasiums, locker rooms, and school buses.
     (b) "Tobacco product" means a substance intended for human consumption that contains tobacco, including cigarettes, cigars, snuff, smoking tobacco, and smokeless tobacco.

     History: En. Sec. 9, Ch. 569, L. 1993.