What the New Law Means Community Roundtables January 22, 2007

1. The Louisiana Smoke-Free Air Act – (Act 815) What the New Law Means Community Roundtables January 22, 2007

2. 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.

3. 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?

4. 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

5. What does Act 815 include? • Places of Employment • Employee lounges • Restrooms • Conference rooms • Meeting rooms • Classrooms • Cafeterias • Hallways • Vehicles

6. 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 Barsare 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).

7. 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)

8. 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

9. Cafeterias Kitchens Catering Facilities Banks Healthcare Facilities Hotel/Motel Lobbies Public Transportation Sports Arenas Theaters Shopping Malls Laundromats Reception Areas/Waiting Rooms Retail Stores What does Act 815 Include?

10. Act 815 Compliance • “No Smoking” signs or “No Smoking” symbol shall be clearly posted • Removal of all ashtrays where smoking is prohibited

11. 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) 

12. 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.

13. 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.

14. Act 815 - Fines IndividualEmployers • First offense $25 $100 • Second offense $50 $250 • Third or Sub- $100 $500 sequent offense

15. 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.

16. 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.

17. 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

18. The Louisiana Smoke-Free Air Act (Act 815) Questions? Other Resources Needed?

19. Act 815 - Contacts & Resources For More Information Contact: Carrie Griffin Broussard, MPA Program Manager, Policy & Advocacy The Louisiana Campaign for Tobacco-Free Living cbroussard@lphi.org or 337.852.9192 (TFL RC’s Name/Info Here)