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 Original 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.
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))