(1) designed and constructed for the accommodation of at least ten (10) passengers;

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(3) used for the transportation of school children to and from the following:

(A) School.

(B) School athletic games or contests.

(C) Other school functions.

     (b) As used in this section, “school week” means a week that:

(1) begins on Monday and ends on Friday; and

(2) includes at least three (3) days during which, on each day, more than four (4) hours of classroom instruction are provided.

     (c) A person who smokes in a school bus during a school week or while the school bus is being used for the transportation of school children to and from:

(1) a school;

(2) a school athletic game or contest; or

(3) another school function;

commits a Class B infraction, except as provided in subsection (d).

     (d) A person who smokes in a school bus as described in subsection (c) commits a Class A infraction if the person, within the twelve (12) months immediately preceding the person’s act of smoking in a school bus, committed at least three (3) prior unrelated acts of smoking in a school bus for which the person was adjudged to have committed infractions under this section.

As added by P.L.141-2012, SEC.2.