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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. 514
BY SENATOR HEITMEIER
SCHOOLS. Prohibits smoking near public and private elementary and secondary school
property. (gov sig)
AN ACT1
To enact R.S. 40:1300.264, relative to smoking near public and private elementary and2
secondary school property; to prohibit smoking near certain property around public3
and private elementary and secondary schools; to provide for certain exceptions; to4
provide for marking of the smoke-free areas; to provide for penalties; to provide for5
an effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:1300.264 is hereby enacted to read as follows: 8
ยง1300.264. Smoking prohibited near school property; exceptions; penalty9
A. Smoking, as defined in this Part, shall not be permitted, and no10
person shall smoke within two hundred feet of the entrances, exits, or outdoor11
areas of any public or private elementary or secondary school.12
B.(1) This Section shall not apply to smoking by a person of the legal age13
within private property that is within the two hundred feet boundary or to14
smoking by a person of the legal age occupying a moving vehicle in which15
smoking is not prohibited that is traveling through an area within the two16
hundred feet boundary.17 SB NO. 514
SLS 14RS-145 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) This exception shall not apply to the property of a private elementary1
or secondary school.2
C. The state superintendent of education, with the approval of the State3
Board of Elementary and Secondary Education, shall develop a method by4
which to mark smoke-free areas, including the use of signs or other markings5
suitable to the situation. Signs or other markings shall be located in a visible6
manner on or near each school indicating that such area is a smoke-free area,7
and that such an area is within two hundred feet of the entrances, exits, or8
outdoor areas of any public or private elementary or secondary school. The9
state Department of Education shall assist each school system with providing10
for the posting required in this Subsection.11
D. (1) Any violation of this Section may be cited by any law enforcement12
officer by the issuance of a citation and summons to appear before a court of13
proper jurisdiction.14
(2) Such citations shall be in a form such that there shall be retained in15
each book of citations a receipt and each shall have a copy to be deposited by16
the law enforcement officer with a court having jurisdiction over the alleged17
offense.18
(3) Upon the deposit of the copy, the court shall notify the alleged19
violator of the time and place of his hearing or of his opportunity to plead guilty20
by the payment of his specified fine. Failure to appear, unless the fine is paid,21
may be punished within the discretion of the court as contempt of court.22
E.(1) Any person who is guilty of a violation of this Section shall, upon23
a first offense, be fined twenty-five dollars.24
(2) Any person who is guilty of violating such prohibition a second time25
shall be fined fifty dollars.26
(3) Any person who is guilty of violating such prohibition a third or27
subsequent time shall be fined one hundred dollars.28 SB NO. 514
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
F. The provisions of this Section shall not supersede the provisions of1
R.S. 40:1300.256(A).2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Heitmeier (SB 514)
Proposed law prohibits smoking, as provided in present law, within 200 feet of the entrances,
exits, or outdoor areas of any public or private elementary or secondary school.
Proposed law shall not apply to smoking by a person of the legal age within private property
that is within the 200 feet boundary or to smoking by a person of the legal age occupying a
moving vehicle in which smoking is not prohibited that is traveling through an area within
the 200 feet boundary. Proposed law's exception does not include property of a private
elementary or secondary school.
Proposed law requires the state superintendent of education, with the approval of the State
Board of Elementary and Secondary Education, to develop a method by which to mark
smoke free areas, including the use of signs or other markings suitable to the situation.
Proposed law provides that any law enforcement officer may issue a citation and summons
to appear before a court of proper jurisdiction for violating the proposed law.
Proposed law provides that any person who is guilty of a violation of the proposed law shall,
upon a first offense, be fined $25 dollars. Any person who is guilty of violating the
proposed law a second time shall be fined $50, and any person who is guilty of violating the
proposed law a third or subsequent time shall be fined $100.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 40:1300.264)