HLS 16RS-668 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 218
BY REPRESENTATIVE HOFFMANN
HEALTH/SMOKING: Prohibits the use of tobacco products on 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 school property; to provide for definitions; to repeal the authorization
4 for designated smoking areas on school property; to prohibit the use of tobacco
5 products on school property; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 17:240(A), (B), and (C)(1) and (2) are hereby amended and reenacted
8to read as follows:
9 ยง240. Prohibition against use of tobacco in schools; prohibition against smoking on
10 school bus; rules and regulations
11 A. For purposes of this Section the following terms shall have the following
12 meanings unless the context clearly indicates otherwise:
13 (1) "School building property" means any building school grounds,
14 playgrounds, premises, and property including but not limited to land, improvements,
15 school facilities, and school vehicles used for the provision of academic and
16 extracurricular programs and administration located on the property of any
17 elementary or secondary school, the Louisiana School for the Deaf, the Louisiana
18 School for the Visually Impaired, the Louisiana Special Education Center, and
19 schools in the Special School District., or any building owned or operated by a local
20 public school board.
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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.; however, this
9 prohibition shall not be applicable to any tobacco product that has been approved by
10 the United States Food and Drug Administration for sale as a tobacco cessation
11 product and is marketed and sold solely for such an approved purpose.
12 (2) No person shall smoke or carry a lighted cigar, cigarette, pipe, or any
13 other form of smoking object or device, on the grounds of any public or private
14 elementary or secondary school property, the Louisiana School for the Deaf, the
15 Louisiana School for the Visually Impaired, the Louisiana Special Education Center,
16 or schools in the Special School District, except in an area specifically designated
17 as a smoking area. including but not limited to e-cigs, e-cigarettes, electronic
18 cigarettes, advanced personal vaporizers, vape pens, and vape mods on any school
19 property.
20 (3) Smoking The use of tobacco or any tobacco product shall be prohibited
21 on any public school bus transporting children students attending any public
22 elementary or secondary school.
23 C.(1) The governing authority of each public elementary or secondary school
24 shall and any governing authority of any nonpublic elementary or secondary school
25 may adopt necessary rules and regulations to assure compliance with the provisions
26 of this Section.
27 (2) The governing authority of each public elementary or secondary school
28 and each nonpublic elementary or secondary school may provide for appropriate
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1 penalties for violators, including but not limited to disciplinary action or a fine not
2 to exceed two hundred dollars, or both.
3 * * *
4 Section 2. This Act shall become effective upon signature by the governor or, if not
5signed by the governor, upon expiration of the time for bills to become law without signature
6by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
7vetoed by the governor and subsequently approved by the legislature, this Act shall become
8effective 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 Reengrossed 2016 Regular Session Hoffmann
Abstract: Prohibits the use of tobacco products on school property.
Present law prohibits certain activities related to smoking at schools. Proposed law 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, schools in the Special School District, or any
building owned or operated by a local public school board.
Proposed law defines "tobacco product" as 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 the use of tobacco and
tobacco products and broadens the prohibited locations to any school property. Excepts
from this prohibition any tobacco 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.
Present law authorizes the designation of smoking areas on school property. Proposed law
deletes this authorization.
Present law prohibits smoking on any school bus transporting children attending any public
school. Proposed law instead 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.
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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 fine not to exceed $200, or both. Proposed law retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:240(A), (B), and (C)(1) and (2))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Include any building owned or operated by a local public school board in the
definition of "school property".
2. Except tobacco cessation products approved by the U.S. Food and Drug
Administration from the prohibition against tobacco products on school property.
3. Include e-cigs, e-cigarettes, electronic cigarettes, advanced personal vaporizers,
vape pens, and vape mods among the prohibited smoking devices.
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