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 building
owned by the state.
Proposed law provides that provisions of proposed law shall not apply to the following buildings
or facilities:
(1)Any building constructed by a parish or city school board.
(2)The Louisiana Superdome.
(3)The New Orleans Arena.
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 all of the following areas:
(1)Any outdoor area proximate to a state building which is within 25 feet of an entrance of
the building to which access by the public is not restricted
(2)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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Deleted from the definition of "state buildings" in proposed law office buildings
which are 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.
2. Changed specifications relative to the 25-foot outdoor smokefree zone provided in
proposed law to designate the smokefree zone as any outdoor area proximate to a
state building which is within 25 feet of an entrance of the building to which access by the public is not restricted.
3.Added the La. Superdome and the New Orleans Arena as buildings to which proposed
law shall not apply.