SLS 12RS-392 ORIGINAL
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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, 2012
SENATE BILL NO. 113
BY SENATOR MILLS
ENVIRONMENTAL HEALTH. Repeals the prohibition of smoking discrimination in the
workplace. (gov sig)
AN ACT1
To repeal R.S. 23:966, relative to smoking tobacco products; to repeal the prohibition of2
smoking discrimination in the workplace; to repeal the prohibition of discrimination3
in employment because the individual is a smoker or nonsmoker; to repeal the4
prohibition that an employer may require, as a condition of employment, that the5
individual abstain from smoking outside the course of employment; to provide for6
legislative intent; to provide for an effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 23:966 is hereby repealed. 9
Section 2. The legislature finds all of the following: 10
A. Employers should be free from unreasonable governmental restrictions as11
it relates to employment policies.12
B. Employees have a right to lead long and healthy lives and employers13
should be afforded the opportunity to support these rights.14
C. Escalating health care costs have placed a burden on employees and15
employers.16
D. Employers should be allowed the right to develop workforce policies17 SB NO. 113
SLS 12RS-392 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
which may lead to improved health and increased productivity of employees and1
which would result in health care cost savings for both the employer and the2
employees.3
E. This Act may be referred to as the "Louisiana Workforce Health4
Improvement Act".5
Section 3. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective the day following such approval.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Present law provides that as long as an individual, during the course of employment,
complies with any applicable law and any adopted workplace policy regulating tobacco
smoking, it shall be unlawful for an employer to do any of the following:
A. To discriminate against the individual with respect to discharge, compensation,
promotion, any personnel action or other condition, or privilege of employment
because the individual is a tobacco smoker or nonsmoker.
B. To require, as a condition of employment, that the individual abstain from smoking
or otherwise using tobacco products outside the course of employment.
Present law provides that an employer may formulate and adopt a policy regulating an
employee's workplace use of a tobacco product and may take any action consistent
therewith.
Present law provides an employer who violates this law shall be fined up to $250 for the first
offense and up to $500 for any subsequent offense.
Proposed law repeals present law.
Proposed law further provides for the Act to be referred to as the "Louisiana Workforce
Health Improvement Act".
Effective upon signature of the governor or upon lapse of time for gubernatorial action.
(Repeals R.S. 23:966)