HLS 17RS-635 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 531
BY REPRESENTATIVE HOFFMANN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH/SMOKING: Prohibits the use of tobacco products on school property
1 AN ACT
2To amend and reenact R.S. 17:240(A) and (B), relative to use of tobacco products on school
3 property; to provide for definitions; to repeal the authorization for designated
4 smoking areas on school property; to prohibit the use of tobacco products on school
5 property; to provide for exceptions; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 17:240(A) and (B) are hereby amended and reenacted to read as
8follows:
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,
15 improvements, and school facilities, located on the property of any elementary or
16 secondary school, the Louisiana School for the Deaf, the Louisiana School for the
17 Visually Impaired, the Louisiana Special Education Center, and schools in the
18 Special School District. "School property" also means any school vehicle used for
19 the provision of academic and extracurricular programs and administration at any
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HB NO. 531
1 elementary or secondary school, the Louisiana School for the Visually Impaired, the
2 Louisiana Special Education Center, and schools in the Special School District.
3 (2) "Smoking" means possession of a lighted cigar, cigarette, pipe, or any
4 other lighted tobacco product. "Tobacco product" means any product containing or
5 made or derived from tobacco that is intended for human consumption, whether
6 chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
7 other means.
8 B.(1) Notwithstanding any other provision of law, no person shall smoke,
9 chew, inhale, ingest, absorb, or otherwise consume any tobacco or tobacco product
10 in any elementary or secondary school building on any school property; however,
11 this prohibition shall not be applicable to any tobacco product that has been approved
12 by the United States Food and Drug Administration for sale as a tobacco cessation
13 product and is marketed and sold solely for such an approved purpose.
14 (2) No person shall smoke or carry a lighted cigar, cigarette, pipe, or any
15 other form of smoking object or device, on the grounds of any public or private
16 elementary or secondary school property, the Louisiana School for the Deaf, the
17 Louisiana School for the Visually Impaired, the Louisiana Special Education Center,
18 or schools in the Special School District, except in an area specifically designated
19 as a smoking area. including but not limited to e-cigs, e-cigarettes, electronic
20 cigarettes, advanced personal vaporizers, cape pens, and vape mods on any school
21 property.
22 (3) Smoking shall be prohibited on any school bus transporting children
23 attending any public elementary or secondary school. The use of tobacco or any
24 tobacco product is hereby prohibited on any school bus or vehicle transporting
25 students attending any elementary or secondary school.
26 (4) The provisions of this Subsection shall not apply to any school property
27 that is rented, leased, or otherwise made available for use for non-educational
28 purposes.
29 * * *
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HB NO. 531
1 Section 2. This Act shall become effective upon signature by the governor or, if not
2signed by the governor, upon expiration of the time for bills to become law without signature
3by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4vetoed by the governor and subsequently approved by the legislature, this Act shall become
5effective 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 531 Original 2017 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, improvement, and facilities, and school vehicles used for the provision of
academic and extracurricular programs and administration at 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 defines "tobacco product" as any product made or derived from tobacco that
is intended for human consumption.
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 that is marketed and sold solely for
such an approved 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 school bus transporting students
attending any school.
Proposed law provides that the provisions of proposed law shall not apply to any school
property that is rented, leased, or otherwise made available for non-educational purposes.
Effective upon the signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:240(A) and (B))
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