HLS 13RS-407 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 111
BY REPRESENTATIVE HOFFMANN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH/SMOKING: Prohibits outdoor smoking within 25 feet of certain exterior
locations of state buildings
AN ACT1
To amend and reenact R.S. 40:1300.252, 1300.256(A)(4), and 1300.262(B)(1)(a) and (2)(a),2
and to enact R.S. 40:1263 and 1300.256(A)(5), relative to smoking regulation; to3
prohibit smoking in certain outdoor areas proximate to state buildings; to provide4
relative to the purpose of certain smoking regulations; to provide for applicability;5
to provide for penalties; to provide for an effective date; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1300.252, 1300.256(A)(4), and 1300.262(B)(1)(a) and (2)(a) are9
hereby amended and reenacted and R.S. 40:1263 and 1300.256(A)(5) are hereby enacted to10
read as follows: 11
§1263. State buildings; smoking regulation12
A. The requirements set forth in this Section shall apply to state-owned13
buildings and office buildings which are constructed, renovated, or remodeled in14
whole or in part by the use of state funds, or the funds of any board, commission,15
agency, or department of the state, referred to hereafter in this Part as "state16
buildings"; provided, however, that the provisions of this Section shall not apply to17
buildings constructed by parish or city school boards.18 HLS 13RS-407 ORIGINAL
HB NO. 111
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are additions.
B. In addition to any applicable smoking prohibition as provided in the1
Louisiana Smokefree Air Act (R.S. 40:1300.251 et seq.), smoking shall be prohibited2
in all of the following areas:3
(1) Any outdoor area which is within twenty-five feet of an entrance,4
operable window, or ventilation system of a state building.5
(2) Any outdoor area which is within twenty-five feet of a wheelchair ramp6
or other structure which facilitates access by a disabled person to a state building.7
C. "Smoking" means the carrying of a lighted cigar, cigarette, pipe, or any8
other lighted smoking equipment, in addition to the inhalation and exhalation of9
smoke by a person from any form of lighted tobacco.10
D. Enforcement of the prohibition of smoking provided for in this Section11
shall be conducted in accordance with the provisions of R.S. 40:1300.262.12
E. Any person who violates the provisions of this Section shall be subject to13
the penalties established pursuant to R.S. 40:1300.262(B)(1).14
* * *15
§1300.252. Purpose16
The legislature finds and determines that due to abundant and mounting17
scientific evidence indicating that there is no risk-free level of exposure to18
secondhand smoke, it is in the best interest of the people of this state to protect19
nonsmokers from involuntary exposure to secondhand smoke in most indoor areas20
open to the public, public meetings, restaurants, and places of employment. The21
legislature further finds and determines that a balance should be struck between the22
health concerns of nonconsumers of tobacco products and the need to minimize23
unwarranted governmental intrusion into and regulation of private spheres of conduct24
and choice with respect to the use or nonuse of tobacco products in certain25
designated public areas and in private places. Therefore, the legislature hereby26
declares that the purpose of this Part is to preserve and improve the health, comfort,27
and environment of the people of this state by limiting exposure to tobacco smoke.28
* * *29 HLS 13RS-407 ORIGINAL
HB NO. 111
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§1300.256. General smoking prohibitions; exemptions1
A. Except as permitted by Subsection B of this Section, no person shall:2
* * *3
(4) Smoke in any outdoor area proximate to a state building where smoking4
is prohibited pursuant to the provisions of R.S. 40:1263.5
(5) As an employer, knowingly permit smoking in any enclosed area within6
a place of employment.7
* * *8
§1300.262. Enforcement; penalties9
* * *10
B.(1)(a) Any person who is guilty of a violation of the prohibition in R.S.11
40:1300.256(A)(1), (2), (3), and (3) (4) shall, upon a first offense, be fined twenty-12
five dollars.13
* * *14
(2)(a) Any employer who is guilty of a violation of the prohibition in R.S.15
40:1300.256(A)(4) R.S. 40:1300.256(A)(5) shall, upon a first offense, be fined one16
hundred dollars.17
* * *18
Section 2. This Act shall become effective on January 1, 2014.19
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. 111
Abstract: Prohibits outdoor smoking within 25 feet of certain exterior locations of state
buildings.
Proposed law provides that for the purposes of proposed law, "state building" means a
state-owned building or an office building which is constructed, renovated, or remodeled in
whole or in part by the use of state funds, or the funds of any board, commission, agency,
or department of the state; provided, however, that the provisions of proposed law shall not
apply to buildings constructed by parish or city school boards. HLS 13RS-407 ORIGINAL
HB NO. 111
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that for the purposes of proposed law, "smoking" means the carrying
of a lighted cigar, cigarette, pipe, or any other lighted smoking equipment, in addition to the
inhalation and exhalation of smoke by a person from any form of lighted tobacco.
Proposed law provides that smoking shall be prohibited in any outdoor area which is within
25 feet of an entrance, operable window, or ventilation system of a state building, and in any
outdoor area which is within 25 feet of a wheelchair ramp or other structure which facilitates
access by a disabled person to a state building.
Proposed law amends provisions of present law within the La. Smokefree Air Act (R.S.
40:1300.251 et seq.) to include by reference the outdoor smoking prohibition provided in
proposed law.
Proposed law would subject areas where smoking is prohibited by proposed law 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 would cause enforcement of proposed law to occur in the following manner
prescribed in present law:
(1)Any violation of any prohibition in present law or proposed 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 would subject any violation of proposed law to the following penalties
provided in present law:
(1)Any person who is guilty of a violation of the prohibition in proposed law or present
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.
Effective Jan. 1, 2014.
(Amends R.S. 40:1300.252, 1300.256(A)(4), and 1300.262(B)(1)(a) and (2)(a); Adds R.S.
40:1263 and 1300.256(A)(5))