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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 218 2016 Regular Session Hoffmann
Keyword and oneliner of the instrument as it left the House
HEALTH/SMOKING: Prohibits the use of tobacco products on school property
Report adopts Senate amendments to:
1. Broaden application of proposed law prohibition to use of vapor products and alternative
nicotine products both on school property and school buses.
2. Grant nonpublic school CEO discretion in defining what constitutes "school property" for
purposes of proposed law enforcement.
3. Exempt school property rented, leased, or otherwise made available for use for
noneducational purposes from proposed law prohibition.
4. Relative to penalties, increase maximum fine amount; provide differential fine amounts
based on number of violations; and limit use of fine monies to defrayal of enforcement costs.
Report rejects Senate amendments which would have:
1. Prohibited possession of tobacco products, vapor products, and alternative nicotine products
on school buses.
Report amends the bill to:
1. Make technical changes.
Digest of the bill as proposed by the Conference Committee
Present law prohibits certain activities related to smoking at schools but authorizes designated
smoking areas. Proposed law deletes this authorization.
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; applies the prohibition to tobacco products, vapor
products, and alternative nicotine products; and broadens the prohibited locations to any "school
property". Excepts from this prohibition any such product approved by the U.S. Food and Drug
Administration for sale as a tobacco cessation product and marketed and sold solely for such
purpose. Defines "school property" 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.
Present law prohibits smoking on any school bus transporting children attending any public school.
Proposed law, instead of prohibiting smoking, prohibits the use of any tobacco, vapor, or alternative
nicotine product and applies this prohibition to any public school bus transporting students attending
any school.
Present law requires public school governing authorities and authorizes nonpublic school governing
authorities to adopt rules and regulations to assure compliance. Proposed law applies this
requirement to both public and nonpublic school governing authorities.
Present law authorizes the governing authority of an elementary or secondary school to provide for
appropriate penalties for violators, including but not limited to disciplinary action or a maximum fine
of $200, or both. Proposed law increases the maximum fine amount from $200 to $250; limits use
of monies collected from fines to defrayal of enforcement costs; and provides for the following
differential maximum fine amounts based on numbers of violations:
(1)$25 for first violation.
(2) $100 for second violation.
(3) $250 for third and any succeeding violation.
Proposed law provides definitions of the following terms:
(1)"Tobacco product" means any product that contains tobacco and is intended for human
consumption.
(2)"Vapor product" means any non-combustible product containing nicotine or other substances
that employs a heating element, power source, electronic circuit, or other electronic,
chemical, or mechanical means, regardless of shape or size, that can be used to produce
vapor from nicotine in a solution or other form. Includes any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor
cartridge or other container of nicotine in a solution or other form that is intended to be used
with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or
similar product or device. (3)"Alternative nicotine product" means any non-combustible product containing nicotine that
is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any
other means.
Relative to such definitions:
(1)Proposed law excludes the following from the definitions of both "vapor product" and
"alternative nicotine product":
(a)Product that is a drug pursuant to 21 U.S.C. 321(g)(1).
(b)Device pursuant to 21 U.S.C. 321(h).
(c)Combination product described in 21 U.S.C. 353(g).
(2)Proposed law excludes the following from the definition of "alternative nicotine product":
(a)Tobacco product.
(b)Vapor product.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:240(A), (B), and (C)(1) and (2))