HLS 13RS-407 REENGROSSED
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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 office buildings; to4
provide relative to the purpose of certain smoking regulations; to provide for5
applicability; to provide for exceptions; to provide for penalties; to provide for an6
effective date; and to provide for related 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 office buildings; smoking regulation; exceptions12
A. Except as provided in Subsection D of this Section, the requirements set13
forth in this Section shall apply to all buildings owned by the state which are utilized14
primarily as office buildings, referred to hereafter in this Part as "state office15
buildings".16
B. In addition to any applicable smoking prohibition as provided in the17
Louisiana Smokefree Air Act (R.S. 40:1300.251 et seq.), smoking shall be prohibited18
in all of the following areas:19
(1) Any outdoor area proximate to a state office building that is within20
twenty-five feet of an entrance of the building to which access by the public is not21
restricted.22 HLS 13RS-407 REENGROSSED
HB NO. 111
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(2) Any outdoor area that is within twenty-five feet of a wheelchair ramp or1
other structure that facilitates access by a disabled person to a state office building.2
C. "Smoking" means the carrying of a lighted cigar, cigarette, pipe, or any3
other lighted smoking equipment, in addition to the inhalation and exhalation of4
smoke by a person from any form of lighted tobacco.5
D. The provisions of this Section shall not apply to any of the following6
buildings or facilities:7
(1) A building constructed by a parish or city school board.8
(2) The Louisiana Superdome.9
(3) The New Orleans Arena.10
E. 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
F. 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 REENGROSSED
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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
office buildings.
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. HLS 13RS-407 REENGROSSED
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(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.
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)) HLS 13RS-407 REENGROSSED
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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.