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Regular Session, 2012
HOUSE BILL NO. 378
BY REPRESENTATIVES HOFFMANN, ADAMS, ANDERS, CHANEY, CONNICK,
COX, FRANKLIN, GISCLAIR, GREENE, HARRIS, HAVARD, HILL, KATRINA
JACKSON, NANCY LANDRY, LEBAS, MACK, JAY MORRIS, ORTEGO, POPE,
REYNOLDS, RICHARDSON, SEABAUGH, SIMON, WHITNEY, PATRICK
WILLIAMS, AND WILLMOTT
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 an exception to a prohibition on outdoor smoking; to provide for actions5
of an owner or manager of a business which cause an outdoor area to become an area6
where smoking is prohibited by law; to provide for an effective date; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:1300.252 and 1300.256 are hereby amended and reenacted to read10
as follows: 11
§1300.252. Purpose12
The legislature finds and determines that due to abundant and mounting13
scientific evidence indicating that there is no risk-free level of exposure to14
secondhand smoke, it is in the best interest of the people of this state to protect15
nonsmokers from involuntary exposure to secondhand smoke in most indoor areas16
open to the public, public meetings, restaurants, and places of employment. The17
legislature further finds and determines that a balance should be struck between the18
health concerns of nonconsumers of tobacco products and the need to minimize19 HLS 12RS-711 REENGROSSED
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unwarranted governmental intrusion into and regulation of private spheres of conduct1
and choice with respect to the use or nonuse of tobacco products in certain2
designated public areas and in private places. Therefore, the legislature hereby3
declares that the purpose of this Part is to preserve and improve the health, comfort,4
and environment of the people of this state by limiting exposure to tobacco smoke.5
* * *6
§1300.256. General smoking prohibitions; exemptions7
A. Except as permitted by Subsection B C of this Section, no person shall:8
(1) Smoke in any public building.9
(2) Smoke in any school.10
(3) Smoke in any public place and in any enclosed area within a place of11
employment.12
(4)(a) Smoke in any outdoor area which is within twenty-five feet of an13
entrance or wheelchair ramp or other structure which facilitates access by a disabled14
person of a building or other enclosed area in which smoking is prohibited pursuant15
to Paragraphs (1) through (3) of this Subsection.16
(b) The provisions of this Paragraph shall not apply to any location which17
is exempted from a prohibition on smoking pursuant to the provisions of Subsection18
C of this Section.19
(5) As an employer, knowingly permit smoking in any enclosed area within20
a place of employment or outdoor area of a place of employment where smoking is21
prohibited pursuant to Paragraph (4) of this Subsection.22
B. The owner or manager of a business may post signs prohibiting smoking23
in an outdoor area of a place of employment at a distance greater than that provided24
in Paragraph (A)(4) of this Section, which shall have the effect of making that25
outdoor area an area in which smoking is prohibited under the provisions of this Part.26
C. Nothing in this Part shall prohibit smoking in any of the following places:27
(1) Private homes, private residences, and private automobiles; except that28
this Subsection shall not apply if any such home, residence, or vehicle is being used29 HLS 12RS-711 REENGROSSED
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for child care or day care or if a private vehicle is being used for the public1
transportation of children or as part of health care or day care transportation in which2
case smoking is prohibited.3
(2) Limousines under private hire.4
(3) A hotel or motel room designated as a smoking room and rented to a5
guest; provided that a maximum of fifty percent of the hotel rooms, at the discretion6
of the hotel owner or general manager, available for rent to guests in a hotel or motel7
may be designated as smoking rooms.8
(4) Any retail tobacco business.9
(5) Any bar.10
(6) The outdoor area of places of employment; except that the owner or11
manager of such business may post signs prohibiting smoking in any such outdoor12
area, which shall have the effect of making that outdoor area an area in which13
smoking is prohibited under the provisions of this Part.14
(7) (6) Private and semiprivate rooms or apartments in assisted living15
residences, and other long-term care facilities that are occupied by one or more16
persons, who are all smokers and who have requested in writing to be placed in a17
room where smoking is permitted; provided that smoke from such rooms or18
apartments does not infiltrate into areas where smoking is prohibited under the19
provisions of this Part.20
(8) (7) Designated smoking areas in which gaming operations are permitted21
to occur upon a riverboat, at the official gaming establishment, at a facility licensed22
for the operation of electronic video draw poker devices, at an eligible facility23
licensed for the operation of slot machines, by a licensed charitable organization, or24
at a pari-mutuel wagering facility or off-track wagering facility which is licensed for25
operation and regulated under the provisions of Chapters 4 and 11 of Title 4 and26
Chapters 4, 5, 6, and 7 of Title 27 of the Louisiana Revised Statutes of 1950, or any27
other gaming operations authorized by law, except that smoking shall be prohibited28
in all restaurants, including snack bars and any other type of eating area whether or29 HLS 12RS-711 REENGROSSED
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not such area is separated from the gaming area, that are located within the facilities1
where gaming operations are conducted regardless of any type of license issued2
relevant to the operation of the restaurant.3
(9) (8) All workplaces of any manufacturer, importer, wholesaler, or4
distributor of tobacco products, of any tobacco leaf dealer or processor, and all5
tobacco storage facilities.6
(10) (9) Convention facilities during the time such facilities are being used7
for professional meetings and trade shows which are not open to the public that are8
produced or organized by tobacco businesses or convenience store associations9
where tobacco products are displayed and limited to the location of such meetings10
or shows and during the time such facilities are used by a carnival organization,11
traditionally known as a krewe or a courir de Mardi Gras for the purpose of the12
conduct of a Mardi Gras ball and limited to the location of such ball.13
(11) (10) Designated and well-ventilated smoking rooms in nursing homes14
which permit smoking, provided that the designated smoking room is not the15
reception area, lobby, waiting room, dining room, or any other room or area defined16
as a public place under the provisions of this Part.17
(12) (11) A hotel or motel room operated by a casino or gaming operation18
which is rented to a guest.19
(13) (12) An outdoor patio, whether or not food is served.20
(14) (13) Any state, local, or private correctional facility prior to August 15,21
2009. After August 15, 2009, smoking shall be prohibited in any state, local, or22
private correctional facility.23
C. D. An individual, person, entity, or business subject to the smoking24
prohibitions of this Section shall not discriminate or retaliate in any manner against25
a person for making a complaint regarding a violation of this Section or for26
furnishing information concerning a violation to an enforcement authority.27
D. E. Nothing in this Part shall be construed to restrict the power of any28
parish, city, town, or village to adopt and enforce additional local laws, ordinances,29 HLS 12RS-711 REENGROSSED
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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
Section 2. This Act shall become effective on January 1, 2013.3
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, or wheelchair ramp or other structure
which facilitates access by a disabled person of a building or other enclosed area in which
smoking is prohibited by present law.
Proposed law provides that the outdoor smoking prohibition created by proposed law does
not apply to any location which is exempted from a prohibition on indoor smoking pursuant
to 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. HLS 12RS-711 REENGROSSED
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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
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)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Deleted an operable window and a ventilation system as features of buildings
where outdoor smoking would be prohibited within 25 feet thereof. HLS 12RS-711 REENGROSSED
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2. Specified that the outdoor smoking prohibition created by proposed law does not
apply to any location which is exempted from a prohibition on indoor smoking
pursuant to present law.
3. Made technical changes.