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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, 2014
SENATE BILL NO. 492
BY SENATOR HEITMEIER
ENVIRONMENTAL HEALTH. Provides for smoking and tobacco products. (8/1/14)
AN ACT1
To enact R.S. 23:966(E) and (F), relative to smoking and tobacco products; to provide for2
exceptions to the prohibition; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 23:966(E) and (F) are hereby enacted to read as follows: 5
ยง966. Prohibition of smoking discrimination; exceptions6
* * *7
E. The provisions of this Section shall not apply to hospitals or their8
affiliates.9
F.(1) Notwithstanding any law to the contrary, the provisions of10
Subsection E of this Section shall only apply to offers of employment made on11
or after August 1, 2014, or to any employment agreement that is created as a12
result of an offer of employment made on or after August 1, 2014, and nothing13
contained in this Section shall prevent an employer who meets the requirements14
of Subsection E of this Section from making employment decisions based on the15
use or nonuse of tobacco after August 1, 2014.16
(2) Nothing in Subsection E of this Section or Paragraph (F)(1) of this17 SB NO. 492
SLS 14RS-520 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section shall be construed to disqualify any employee, who would otherwise1
qualify, from receiving unemployment compensation.2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Heitmeier (SB 492)
Present law provides as long as an individual, during the course of employment, complies
with applicable law and any adopted workplace policy regulating smoking, it shall be
unlawful for an employer:
(1)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 smoker or nonsmoker.
(2)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 a smoker is limited to a person who smokes tobacco.
Present law provides nothing shall preclude an employer from formulating and adopting a
policy regulating an employee's workplace use of a tobacco product or from taking any
action consistent therewith.
Present law provides any employer who violates the provisions of the present law shall be
fined up to $250 for the first offense and up to $500 for any subsequent offense.
Proposed law amends present law to include the provisions of present law shall not apply
to hospitals or their affiliates.
Proposed law amends present law to include the provisions of proposed law shall apply only
to offers of employment made on or after August 1, 2014, or to any employment agreement
that is created as a result of an offer of employment made on or after August 1, 2014, and
nothing contained in present law shall prevent an employer who meets the requirements of
proposed law from making employment decisions based on the use or nonuse of tobacco
after August 1, 2014.
Proposed law amends present law to include nothing in the proposed law shall be construed
to disqualify any employee, who would otherwise qualify, from receiving unemployment
compensation.
Effective August 1, 2014.
(Adds R.S. 23:966(E) and (F))