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The Louisiana Smoke-Free Air Act – (Act 815)

What the New Law Means Community RoundtablesJanuary 22, 2007

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Act 815 & Public Health Policy

There is widespread support for The Louisiana Smoke-Free Air Act in Louisiana!

Seventy-five percent of Louisianans do not smoke Two-thirds of Louisiana residents think that smoking

should not be allowed at all in indoor work areas This is one of the most significant policy victories for

public health in recent history – one that will have a long term, positive impact on the health of Louisianans and the state’s healthcare system.

Act 815 also gives local governments the power to pass smoke-free laws that are even stronger than the state’s law...to include bars, casinos, and other public places that are currently exempt from the statewide law.

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Overview of Today

What does the law mean? Non-exempt and exempt environments Mechanisms for compliance

What can you do? What about Act 838? What resources are available? Where do you go with questions /

concerns?

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Louisiana Smoke-Free Air Act (Act 815)

The Facts: Protects workers from exposure to

secondhand smoke (SHS) Eliminates smoking in restaurants,

schools, and most worksites Excludes free standing bars and

casinos Effective January 1, 2007

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What does Act 815 include?

Places of Employment Employee lounges Restrooms Conference rooms Meeting rooms Classrooms Cafeterias Hallways Vehicles

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What does Act 815 include? Restaurants included

Restaurants hold a restaurant license and are defined as eating establishments, including those with bars, which give or offer food for sale to the public, guests, or employees.

Free-standing bars exempted Free-standing Bars are defined as businesses that

hold a Class A liquor (bar) license and the primary purpose of such a business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages (including taverns, nightclubs, cocktail lounges, and cabarets).

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What does Act 815 include?

Elementary & Secondary Schools included Smoking is prohibited in all Pre-K through 12 school

buildings, campuses and property, busses, and school property located off campus including tracks and outdoor sporting arenas/facilities

Note that this includes School Buildings (INDOOR) and School Grounds (OUTDOOR)

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What does Act 815 include?

Inside Colleges & Universities included On college/university campuses, smoking is

prohibited inside of all buildings such as offices, classrooms, student unions, cafeterias, libraries, etc.

Colleges and universities may create their own policies to prohibit smoking in outdoor areas of campus if they prefer.

Inside Private Residences/Vehicles when used for: Adult Day Care, Health Care or Child Day Care

facilities More on Act 838 later in presentation

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What does Act 815 Include?

Cafeterias Kitchens Catering Facilities Banks Healthcare

Facilities Hotel/Motel Lobbies Public

Transportation

Sports Arenas Theaters Shopping Malls Laundromats Reception

Areas/Waiting Rooms

Retail Stores

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“No Smoking” signs or “No Smoking” symbol shall be clearly posted

Removal of all ashtrays where smoking is prohibited

Act 815 Compliance

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Act 815 - Enforcement

Enforcement mechanism is in criminal system Operates more like a traffic ticket than an arrest

Statute provides that violation "may be cited by any law enforcement officer by the issuance of a citation and summons"  Sec. 1300.262(A)(1)

“Citation and summons" issued by "law enforcement officer" is a criminal proceeding, and operates in lieu of an arrest for minor violations

Violations will be cited in accordance with this Act, except to the extent that its provisions are modified by that particular local government (ex. a local ordinance) 

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Act 815 - Enforcement

The court will be determined by which law enforcement officer issues the citation. For example, in East Baton Rouge Parish, if a

Sheriff's Deputy issues the Citation, the cited entity would appear in the 19th Judicial District Court. 

If, however, a City Policeman or a Constable issues the Citation, the cited entity would appear in Baton Rouge City Court. 

The Citation itself would tell the cited entity in which court to appear.

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Act 815 - Enforcement One "civil" penalty provided in this criminal/penal statute

DHH may treat a violation of this statute as a deficiency to be assessed against any licensee or facility over which it has jurisdiction. 

Licensees and/or facilities over which DHH has jurisdiction Hospitals, nursing homes, outpatient surgery centers,

public health clinics, physician practices/offices,etc.  Water systems, restaurants, and other venues involving

public safety issues to enforce the Sanitary Code, etc. The language of this Section is broad enough to include

any "facility over which it has jurisdiction", and could include violations in any facility it has the obligation to inspect, in addition to those it licenses.

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Act 815 - Fines

Individual Employers

First offense $25 $100

Second offense $50 $250

Third or Sub- $100 $500 sequent offense

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What can you do…

If someone is smoking in an establishment required by law to be smoke-free?

First, ask the business owner/manager/principal to follow the law.

If a business owner/manager refuses, employees/ patrons/business owners should call their local “non-emergency” law enforcement number to report individuals or businesses that do not follow the law.

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ACT 838

Prohibits smoking in a vehicle when a child (under 13) is in the vehicle, regardless of whether the window is down.

If violated: fine will be $150 per offense OR, at the discretion of the judge, a sentence of no more than 24 hours of community service.

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Resources Available “No Smoking” signs available for

download at www.tobaccofreeliving.org Call 1-866-I-AM-4-TFL (1-866-426-4835) 1-800-QUIT-NOW, The Louisiana Tobacco

Quitline American Lung Association’s Freedom

from Smoking Clinics LSU Tobacco Control Initiative within the

public hospital system

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The Louisiana Smoke-Free Air Act (Act 815)

Questions?

Other Resources Needed?

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Act 815 - Contacts & Resources

For More Information Contact:

Carrie Griffin Broussard, MPAProgram Manager, Policy & AdvocacyThe Louisiana Campaign for Tobacco-Free Livingcbroussard@lphi.org or 337.852.9192

(TFL RC’s Name/Info Here)