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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 133
BY SENATOR MARIONNEAUX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ENVIRONMENTAL CONTROL. Provides relative to the Louisiana Smokefree Air Act.
(8/15/11)
AN ACT1
To amend and reenact R.S. 40:1300.256(B)(13), to enact R.S. 40:1300.256(A)(5), and to2
repeal R.S. 40:1300.256(B)(5), relative to prohibiting smoking in certain places; to3
provide for restrictions; to provide relative to exceptions; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1300.256(B)(13) 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
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(5) Smoke in any restaurant or bar.12
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B. Nothing in this Part shall prohibit smoking in any of the following places:14
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(13) An outdoor patio, whether or not only when food is not served at any16
time.17 SB NO. 133
SLS 11RS-200 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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Section 2. R.S. 40:1300.256(B)(5) is hereby repealed in its entirety.2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Marionneaux (SB 133)
Present law prohibits smoking in any public building, school, public place, and in any
enclosed area within a place of employment.
Proposed law retains present law and also prohibits smoking in any restaurant or bar.
Present law provides for an exception to the prohibition of smoking for an outdoor patio.
Proposed law retains present law but narrows the exception to an outdoor patio when no food
is served at any time.
Effective August 15, 2011.
(Amends R.S. 40:1300.256(B)(13); adds R.S. 40:1300.256(A)(5); repeals R.S.
40:1300.256(B)(5))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill.
1. Prohibits smoking in any restaurant or bar without regard to whether food is
served.
2. Replaces the exemption from the general smoking prohibition for certain
gaming establishments.
3. Clarifies that the exemption to the general smoking prohibition for outdoor
patios only applies when food is not served at any time.