Louisiana 2013 2013 Regular Session

Louisiana House Bill HB111 Comm Sub / Analysis

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Prepared by Christopher D. Adams.
Hoffmann	HB No. 111
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
HEALTH/SMOKING:  Prohibits outdoor smoking within 25 feet of certain exterior
locations of state buildings.
DIGEST
Hoffmann	HB No. 111
Proposed law provides that for the purposes of proposed law, "state office buildings" shall
mean all buildings owned by the state which are utilized primarily as office buildings.
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 office 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 office 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. Page 2 of 2
Prepared by Christopher D. Adams.
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 January 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.
House Floor Amendments to the engrossed bill.
1. Changed locations for which proposed law creates a 25-foot outdoor smokefree
zone from all state buildings to only state office buildings. Defined "state office
buildings", for the purposes of proposed law, as all buildings owned by the state
which are utilized primarily as office buildings.
2. Made technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
reengrossed bill
1. Deletes the reference to scientific evidence regarding secondhand smoke in the
legislative findings.