HLS 12RS-711 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 378
BY REPRESENTATIVE HOFFMANN
HEALTH/SMOKING: Prohibits outdoor smoking within 25 feet of certain exterior
locations of buildings and other enclosed areas in which smoking is prohibited
currently
AN ACT1
To amend and reenact R.S. 40:1300.252 and 1300.256, relative to prohibition of smoking;2
to provide for legislative findings; to prohibit outdoor smoking within a certain3
distance of buildings or other enclosed areas in which smoking is prohibited; to4
provide for actions of an owner or manager of a business which cause an outdoor5
area to become an area where smoking is prohibited by law; to provide for an6
effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1300.252 and 1300.256 are hereby amended and reenacted to read9
as follows: 10
§1300.252. Purpose11
The legislature finds and determines that due to abundant and mounting12
scientific evidence indicating that there is no risk-free level of exposure to13
secondhand smoke, it is in the best interest of the people of this state to protect14
nonsmokers from involuntary exposure to secondhand smoke in most indoor areas15
open to the public, public meetings, restaurants, and places of employmen t. The16
legislature further finds and determines that a balance should be struck between the17
health concerns of nonconsumers of tobacco products and the need to minimize18
unwarranted governmental intrusion into and regulation of private spheres of conduct19 HLS 12RS-711 ORIGINAL
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and choice with respect to the use or nonuse of tobacco products in certain1
designated public areas and in private places. Therefore, the legislature hereby2
declares that the purpose of this Part is to preserve and improve the health, comfort,3
and environment of the people of this state by limiting exposure to tobacco smoke.4
* * *5
§1300.256. General smoking prohibitions; exemptions6
A. Except as permitted by Subsection B C of this Section, no person shall:7
(1) Smoke in any public building.8
(2) Smoke in any school.9
(3) Smoke in any public place and in any enclosed area within a place of10
employment.11
(4) Smoke in any outdoor area which is within twenty-five feet of an12
entrance, operable window, wheelchair ramp or other structure which facilitates13
access by a disabled person, or ventilation system of a building or other enclosed14
area in which smoking is prohibited pursuant to Paragraphs (1) through (3) of this15
Subsection.16
(5) As an employer, knowingly permit smoking in any enclosed area within17
a place of employment or outdoor area of a place of employment where smoking is18
prohibited pursuant to Paragraph (4) of this Subsection.19
B. The owner or manager of a business may post signs prohibiting smoking20
in an outdoor area of a place of employment at a distance greater than that provided21
in Paragraph (4) of Subsection A of this Section, which shall have the effect of22
making that outdoor area an area in which smoking is prohibited under the23
provisions of this Part.24
C. Nothing in this Part shall prohibit smoking in any of the following places:25
(1) Private homes, private residences, and private automobiles; except that26
this Subsection shall not apply if any such home, residence, or vehicle is being used27
for child care or day care or if a private vehicle is being used for the public28 HLS 12RS-711 ORIGINAL
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transportation of children or as part of health care or day care transportation in which1
case smoking is prohibited.2
(2) Limousines under private hire.3
(3) A hotel or motel room designated as a smoking room and rented to a4
guest; provided that a maximum of fifty percent of the hotel rooms, at the discretion5
of the hotel owner or general manager, available for rent to guests in a hotel or motel6
may be designated as smoking rooms.7
(4) Any retail tobacco business.8
(5) Any bar.9
(6) The outdoor area of places of employment; except that the owner or10
manager of such business may post signs prohibiting smoking in any such outdoor11
area, which shall have the effect of making that outdoor area an area in which12
smoking is prohibited under the provisions of this Part.13
(7) (6) Private and semiprivate rooms or apartments in assisted living14
residences, and other long-term care facilities that are occupied by one or more15
persons, who are all smokers and who have requested in writing to be placed in a16
room where smoking is permitted; provided that smoke from such rooms or17
apartments does not infiltrate into areas where smoking is prohibited under the18
provisions of this Part.19
(8) (7) Designated smoking areas in which gaming operations are permitted20
to occur upon a riverboat, at the official gaming establishment, at a facility licensed21
for the operation of electronic video draw poker devices, at an eligible facility22
licensed for the operation of slot machines, by a licensed charitable organization, or23
at a pari-mutuel wagering facility or off-track wagering facility which is licensed for24
operation and regulated under the provisions of Chapters 4 and 11 of Title 4 and25
Chapters 4, 5, 6, and 7 of Title 27 of the Louisiana Revised Statutes of 1950, or any26
other gaming operations authorized by law, except that smoking shall be prohibited27
in all restaurants, including snack bars and any other type of eating area whether or28
not such area is separated from the gaming area, that are located within the facilities29 HLS 12RS-711 ORIGINAL
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where gaming operations are conducted regardless of any type of license issued1
relevant to the operation of the restaurant.2
(9) (8) All workplaces of any manufacturer, importer, wholesaler, or3
distributor of tobacco products, of any tobacco leaf dealer or processor, and all4
tobacco storage facilities.5
(10) (9) Convention facilities during the time such facilities are being used6
for professional meetings and trade shows which are not open to the public that are7
produced or organized by tobacco businesses or convenience store associations8
where tobacco products are displayed and limited to the location of such meetings9
or shows and during the time such facilities are used by a carnival organization,10
traditionally known as a krewe or a courir de Mardi Gras for the purpose of the11
conduct of a Mardi Gras ball and limited to the location of such ball.12
(11) (10) Designated and well-ventilated smoking rooms in nursing homes13
which permit smoking, provided that the designated smoking room is not the14
reception area, lobby, waiting room, dining room, or any other room or area defined15
as a public place under the provisions of this Part.16
(12) (11) A hotel or motel room operated by a casino or gaming operation17
which is rented to a guest.18
(13) (12) An outdoor patio, whether or not food is served.19
(14) (13) Any state, local, or private correctional facility prior to August 15,20
2009. After August 15, 2009, smoking shall be prohibited in any state, local, or21
private correctional facility.22
C. D. An individual, person, entity, or business subject to the smoking23
prohibitions of this Section shall not discriminate or retaliate in any manner against24
a person for making a complaint regarding a violation of this Section or for25
furnishing information concerning a violation to an enforcement authority.26
D. E. Nothing in this Part shall be construed to restrict the power of any27
parish, city, town, or village to adopt and enforce additional local laws, ordinances,28 HLS 12RS-711 ORIGINAL
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or regulations that comply with at least the minimum applicable standards to1
establish smokefree public places as set forth in this Part.2
* * *3
Section 2. This Act shall become effective on January 1, 2013.4
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)]
Hoffmann HB No. 378
Abstract: Prohibits outdoor smoking within 25 feet of certain exterior locations of
buildings and other enclosed areas in which smoking is prohibited currently.
Proposed law revises legislative findings in present law relative to protection of nonsmokers
from involuntary exposure to secondhand smoke.
Present law, with certain exceptions as provided in present law (R.S. 40:1300.256(B)),
prohibits smoking in the following locations:
(1)Any public building as defined in present law (R.S. 40:1300.253(8)).
(2)Any school as defined in present law (R.S. 40:1300.253(12)).
(3)Any public place and in any enclosed area within a place of employment as defined
in present law (R.S. 40:1300.253(7) and (9)).
Proposed law retains present law and adds as a location where smoking is prohibited any
outdoor area which is within 25 feet of an entrance, operable window, wheelchair ramp or
other structure which facilitates access by a disabled person, or ventilation system of a
building or other enclosed area in which smoking is prohibited by present law.
Proposed law deletes the outdoor area of a place of employment from the listing of locations
provided in present law which are exempted from the smoking prohibition.
Present law provides that the owner or manager of a business may post signs prohibiting
smoking in an outdoor area, which shall have the effect of making that outdoor area an area
in which smoking is prohibited under the provisions of present law. Proposed law revises
present law to provide that the owner or manager of a business may post signs prohibiting
smoking in an outdoor area of a place of employment at a distance greater than that provided
in proposed law, which shall have the effect of making that outdoor area an area in which
smoking is prohibited under the provisions of present law and proposed law.
Proposed law retains provision of present law specifying that nothing in present law or
proposed law shall be construed to restrict the power of any parish, city, town, or village to
adopt and enforce additional local laws, ordinances, or regulations that comply with at least
the minimum applicable standards to establish smokefree public places as set forth in present
law and proposed law.
Proposed law provides that the areas where smoking is prohibited by proposed law are
subject to the requirement of present law (R.S. 40:1300.261) that "no smoking" signs or the HLS 12RS-711 ORIGINAL
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international "no smoking" symbol be clearly and conspicuously posted in every place where
smoking is prohibited.
Proposed law provides that enforcement of proposed law shall occur in the following manner
prescribed in present law (R.S. 40:1300.262(A)):
(1)Any violation of any prohibition in proposed law or present law may be cited by any
law enforcement officer by the issuance of a citation and summons to appear before
a court of proper jurisdiction.
(2)Such citations shall be in a form such that there shall be retained in each book of
citations a receipt and each shall have a copy to be deposited by the law enforcement
officer with a court having jurisdiction over the alleged offense.
(3)Upon the deposit of the copy, the court shall notify the alleged violator of the time
and place of his hearing or of his opportunity to plead guilty by the payment of his
specified fine. Failure to appear, unless the fine is paid, may be punished within the
discretion of the court as contempt of court.
Proposed law subjects any violation of proposed law to the following penalties provided in
present law (R.S. 40:1300.262(B)):
(1)Any person who is guilty of a violation of the prohibition in present law or proposed
law shall, upon a first offense, be fined $25.
(2)Any person who is guilty of violating such prohibition a second time shall be fined
$50.
(3)Any person who is guilty of violating such prohibition a third or subsequent time
shall be fined $100.
(4)Any employer who is guilty of a violation of the prohibition in present law or
proposed law shall, upon a first offense, be fined $100.
(5)Any employer who is guilty of violating such prohibition a second time shall be
fined $250.
(6)Any employer who is guilty of violating such prohibition a third or subsequent time
shall be fined $500.
Effective Jan. 1, 2013.
(Amends R.S. 40:1300.252 and 1300.256)