HLS 10RS-1873 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1323
BY REPRESENTATIVE NOWLIN
HEALTH/SMOKING: Prohibits smoking in certain gaming establishments
AN ACT1
To amend and reenact R.S. 40:1300.256(B)(8) and to enact R.S. 40:1300.256(A)(5), relative2
to smoking in gaming establishments; to prohibit smoking in certain gaming3
establishments; to provide for exceptions to the prohibition; to provide for4
definitions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1300.256(B)(8) is hereby amended and reenacted and R.S.7
40:1300.256(A)(5) is hereby enacted to read as follows: 8
ยง1300.256. General smoking prohibitions; exemptions9
A. Except as permitted by Subsection B of this Section, no person shall:10
* * *11
(5) Smoke in any riverboat or land-based casino with an occupancy rating12
exceeding five hundred people as established by the office of the state fire marshal,13
unless the establishment provides a separate smoke-free gaming facility for use by14
its patrons, as defined in Subparagraph B(8)(b) of this Section.15
B. Nothing in this Part shall prohibit smoking in any of the following places:16
* * *17
(8)(a) Except as provided in Subparagraph (B)(8)(b) of this Section,18
designated smoking areas in which gaming operations are permitted to occur upon19
a riverboat, at the official gaming establishment, at a facility licensed for the20 HLS 10RS-1873 ORIGINAL
HB NO. 1323
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operation of electronic video draw poker devices, at an eligible facility licensed for1
the operation of slot machines, by a licensed charitable organization, or at a pari-2
mutuel wagering facility or off-track wagering facility which is licensed for3
operation and regulated under the provisions of Chapters 4 and 11 of Title 4 and4
Chapters 4, 5, 6, and 7 of Title 27 of the Louisiana Revised Statutes of 1950, or any5
other gaming operations authorized by law, except that smoking shall be prohibited6
in all restaurants, including snack bars and any other type of eating area whether or7
not such area is separated from the gaming area, that are located within the facilities8
where gaming operations are conducted regardless of any type of license issued9
relevant to the operation of the restaurant. 10
(b) Smoking shall be prohibited in all riverboats and land-based casinos with11
an occupancy rating exceeding five hundred people as established by the office of12
the state fire marshal, unless the establishment provides a separate smoke-free13
gaming facility for use by its patrons. For purposes of this Subparagraph, "smoke-14
free gaming facility" shall be defined as a gaming area that is physically separated15
by walls, doors, movable wall sections, or other approved methods, and that contains16
a separate air-handling system to prevent air from any smoking area to be supplied17
to the smoke-free area or contains mechanical or electrical equipment in the building18
air-handling system whose function is to eliminate smoking by-products from the air19
supplied to the smoke-free area.20
* * *21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Nowlin HB No. 1323
Abstract: Prohibits smoking in riverboats and land-based casinos with a certain occupancy
rating unless the riverboat or casino provides a smoke-free gaming facility that is
separated from the smoking area.
Present law prohibits smoking in public buildings, schools, any public place, and in any
enclosed area within a place of employment. HLS 10RS-1873 ORIGINAL
HB NO. 1323
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are additions.
Proposed law retains present law and adds that smoking is also prohibited in any riverboat
or land-based casino with an occupancy rating exceeding 500 people as established by the
office of the state fire marshal unless the establishment provides a separate smoke-free
gaming facility for use by its patrons.
Present law provides that there is an exception to the smoking prohibition in designated
smoking areas of riverboats, at the official gaming establishment, at facilities licensed for
electronic video poker devices, slot machines, licensed charitable organizations, pari-mutuel
wagering or off-track wagering facilities, or any other gaming operations authorized by law,
except that smoking shall be prohibited in all restaurants, snack bars, and other eating areas
that are located with the facility where the gaming operations occur, regardless of whether
or not the eating area is separated from the gaming area.
Proposed law changes present law by adding that smoking shall be prohibited in certain
riverboats and land-based casinos with occupancy ratings of 500 people or more as
established by the office of the state fire marshal unless the establishment provides a
separate smoke-free gaming facility for its patrons. Proposed law further provides for a
definition of a "smoke-free gaming facility".
(Amends R.S. 40:1300.256(B)(8); Adds R.S. 40:1300.256(A)(5))