HLS 16RS-668 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 218
BY REPRESENTATIVE HOFFMANN
HEALTH/SMOKING: Prohibits the use of tobacco products on elementary and secondary
school property
1 AN ACT
2To amend and reenact R.S. 17:240(A), (B), and (C)(1) and (2), relative to use of tobacco
3 products on elementary and secondary school property; to provide for definitions;
4 to repeal the authorization for designated smoking areas on school property; to
5 prohibit the use of tobacco products on school property; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 17:240(A), (B), and (C)(1) and (2) are hereby amended and reenacted
9to read as follows:
10 ยง240. Prohibition against use of tobacco in schools; prohibition against smoking on
11 school bus; rules and regulations
12 A. For purposes of this Section the following terms shall have the following
13 meanings unless the context clearly indicates otherwise:
14 (1) "School building property" means any building school grounds,
15 playgrounds, premises, and property including but not limited to land, improvements,
16 school facilities, and school vehicles used for the provision of academic and
17 extracurricular programs and administration located on the property of any
18 elementary or secondary school, the Louisiana School for the Deaf, the Louisiana
19 School for the Visually Impaired, the Louisiana Special Education Center, and
20 schools in the Special School District.
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HB NO. 218
1 (2) "Smoking" means possession of a lighted cigar, cigarette, pipe, or any
2 other lighted tobacco product. "Tobacco product" means any product containing or
3 made or derived from tobacco that is intended for human consumption, whether
4 chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
5 other means.
6 B.(1) Notwithstanding any other provision of law, no person shall smoke,
7 chew, inhale, ingest, absorb, or otherwise consume any tobacco or tobacco product
8 in on any elementary or secondary school building school property.
9 (2) No person shall smoke or carry a lighted cigar, cigarette, pipe, or any
10 other form of smoking object or device on the grounds of any public or private
11 elementary or secondary school property, the Louisiana School for the Deaf, the
12 Louisiana School for the Visually Impaired, the Louisiana Special Education Center,
13 or schools in the Special School District, except in an area specifically designated
14 as a smoking area.
15 (3) Smoking The use of tobacco or any tobacco product shall be prohibited
16 on any public school bus transporting children students attending any public
17 elementary or secondary school.
18 C.(1) The governing authority of each public elementary or secondary school
19 shall and any governing authority of any nonpublic elementary or secondary school
20 may adopt necessary rules and regulations to assure compliance with the provisions
21 of this Section.
22 (2) The governing authority of each public elementary or secondary school
23 and each nonpublic elementary or secondary school may provide for appropriate
24 penalties for violators, including but not limited to disciplinary action or a fine not
25 to exceed two hundred dollars, or both.
26 * * *
27 Section 2. This Act shall become effective upon signature by the governor or, if not
28signed by the governor, upon expiration of the time for bills to become law without signature
29by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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HB NO. 218
1vetoed by the governor and subsequently approved by the legislature, this Act shall become
2effective on the day following such approval.
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)]
HB 218 Engrossed 2016 Regular Session Hoffmann
Abstract: Prohibits the use of tobacco products on elementary and secondary school
property.
Present law defines "school building" and "smoking".
Proposed law changes the defined term to "school property" and defines it as school grounds,
playgrounds, premises, and property including but not limited to land, improvements, school
facilities, and school vehicles used for the provision of academic and extracurricular
programs and administration located on the property of any elementary or secondary school,
the La. School for the Deaf, the La. School for the Visually Impaired, the La. Special
Education Center, and schools in the Special School District.
Proposed law repeals the definition of "smoking" and adds the definition of "tobacco
product" meaning any product containing or made or derived from tobacco that is intended
for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means.
Present law prohibits any person from smoking, chewing, or otherwise consuming any
tobacco or tobacco product in any elementary or secondary school building.
Proposed law adds inhaling, ingesting, and absorbing to the prohibition against tobacco and
tobacco products and broadens the prohibited locations to any school property.
Present law authorizes the designation of smoking areas on the grounds of any public or
private elementary or secondary school property, the La. School for the Deaf, the La. School
for the Visually Impaired, the La. Special Education Center, or schools in the Special School
District.
Proposed law repeals the authorization for designated smoking areas on school property.
Present law prohibits smoking on any school bus transporting children attending any public
elementary or secondary school.
Proposed law broadens the prohibition to the use of tobacco or any tobacco product on any
public school bus transporting students attending any elementary or secondary school.
Present law requires the governing authority of each public elementary or secondary school
and authorizes any governing authority of any nonpublic elementary or secondary school to
adopt necessary rules and regulations to assure compliance with the provisions of present
law.
Proposed law changes the authorization to a requirement that governing authorities of
nonpublic elementary or secondary schools adopt necessary rules and regulations.
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HB NO. 218
Present law authorizes the governing authority of each public elementary or secondary
school and each nonpublic elementary or secondary school to provide for appropriate
penalties for violators, including but not limited to disciplinary action or a fine not to exceed
$200, or both.
Proposed law retains present law but makes technical changes.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:240(A), (B), and (C)(1) and (2))
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