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Regular Session, 2014 ENROLLED
SENATE BILL NO. 514
BY SENATOR HEI TMEIER AND REPRESENTATI VES BARROW, HI LL,
HOFFMANN, LEBAS AND STOKES
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
(2) This exception shall not apply to the property of a private elementary18
or secondary school.19
C. The state superintendent of education, with the approval of the State20
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Board of Elementary and Secondary Education, shall develop a method by1
which to mark smoke-free areas, including the use of signs or other markings2
suitable to the situation. Signs or other markings shall be located in a visible3
manner on or near each school indicating that such area is a smoke-free area,4
and that such an area is within two hundred feet of the entrances, exits, or5
outdoor areas of any public or private elementary or secondary school. The6
state Department of Education shall assist each school system with providing7
for the posting required in this Subsection.8
D.(1) Any violation of this Section may be cited by any law enforcement9
officer by the issuance of a citation and summons to appear before a court of10
proper jurisdiction.11
(2) Such citations shall be in a form such that there shall be retained in12
each book of citations a receipt and each shall have a copy to be deposited by13
the law enforcement officer with a court having jurisdiction over the alleged14
offense.15
(3) Upon the deposit of the copy, the court shall notify the alleged16
violator of the time and place of his hearing or of his opportunity to plead guilty17
by the payment of his specified fine. Failure to appear, unless the fine is paid,18
may be punished within the discretion of the court as contempt of court.19
E.(1) Any person who is guilty of a violation of this Section shall, upon20
a first offense, be fined twenty-five dollars.21
(2) Any person who is guilty of violating this Section a second time shall22
be fined fifty dollars.23
(3) Any person who is guilty of violating this Section a third or24
subsequent time shall be fined one hundred dollars.25
F. The provisions of this Section shall not supersede the provisions of26
R.S. 40:1300.256(A).27
Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 SB NO. 514 ENROLLED
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: