23 LC 44 2152
S. B. 47
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Senate Bill 47
By: Senators Hufstetler of the 52nd, Kirkpatrick of the 32nd, Echols of the 49th, Orrock of
the 36th, Beach of the 21st and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to
1
offenses against public health and morals, so as to provide that vaping in restricted areas is2
a misdemeanor punishable by fine; to amend Chapter 1A of Title 20 of the Official Code of3
Georgia Annotated, relating to early care and learning, so as to provide that operators of early4
care and education programs shall post signs prohibiting vaping; to amend Chapter 12A of5
Title 31 of the Official Code of Georgia Annotated, relating to smoke-free air, so as to revise6
the short title; to revise definitions; to prohibit vaping in designated smoke-free areas; to7
provide for exemptions; to provide that "No Smoking" signs may include the words "or8
Vaping"; to allow enactment of more restrictive laws, rules, and regulations by state or local9
governing authorities; to provide for related matters; to repeal conflicting laws; and for other10
purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against14
public health and morals, is amended by revising Code Section 16-12-2, relating to smoking15
in public places, as follows:16
"16-12-2.17 23 LC 44 2152
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(a) A person smoking tobacco or vaping in violation of Chapter 12A of Title 31 shall be18
guilty of a misdemeanor and, if convicted, shall be punished by a fine of not less than19
$100.00 nor more than $500.00.20
(b) This Code section shall be cumulative to and shall not prohibit the enactment of any21
other general and local laws, rules and regulations of state or local agencies, and local22
ordinances prohibiting smoking or vaping which are more restrictive than this Code23
section."24
SECTION 2.25
Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and26
learning, is amended by revising subsection (h) of Code Section 20-1A-10, relating to27
regulation of early care and education programs, as follows:28
"(h) Persons who operate licensed, commissioned, or permitted early care and education29
programs shall post signs prohibiting smoking and vaping to carry out the purposes of30
Chapter 12A of Title 31."31
SECTION 3.32
Chapter 12A of Title 31 of the Official Code of Georgia Annotated, relating to smoke-free33
air, is amended by revising Code Section 31-12A-1, relating to the short title for the chapter,34
as follows:35
"31-12A-1.36
This chapter shall be known and may be cited as the 'Georgia Smoke-free Air Act of37
2005.'"38 23 LC 44 2152
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SECTION 4.
39
Said chapter is further amended by revising paragraphs (12) and (17) of and adding new40
paragraphs to Code Section 31-12A-2, relating to definitions regarding smoke-free air, as41
follows:42
"(12) 'Retail tobacco store' means a retail store utilized primarily for the sale of tobacco43
products or vapor products
and accessories and in which the sale of other products is44
merely incidental."45
"(17) 'Smoking or vaping area' means a separately designated enclosed room which need46
not be entered by an employee in order to conduct business that is designated as a47
smoking or vaping area and, when so designated as a smoking or vaping area, shall not48
be construed as to deprive employees of a nonsmoking or nonvaping lounge, waiting49
area, or break room."50
"(19) 'Vaping' means the action or practice of inhaling and exhaling vapor or aerosol51
from nicotine or other substances from a vapor product.52
(20) 'Vapor product' has the same meaning as in Code Section 16-12-170."53
SECTION 5.54
Said chapter is further amended by revising Code Section 31-12A-3, relating to smoking55
prohibited in state and local government buildings, as follows:56
"31-12A-3.57
Smoking and vaping shall be prohibited in all enclosed facilities of, including buildings58
owned, leased, or operated by, the State of Georgia, its agencies and authorities, and any59
political subdivision of the state, municipal corporation, or local board or authority created60
by general, local, or special Act of the General Assembly or by ordinance or resolution of61
the governing body of a county or municipal corporation individually or jointly with other62
political subdivisions or municipalities of the state."63 23 LC 44 2152
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SECTION 6.
64
Said chapter is further amended by revising Code Section 31-12A-4, relating to smoking65
prohibited in enclosed public places, as follows:66
"31-12A-4.67
Except as otherwise specifically authorized in Code Section 31-12A-6, smoking and vaping
68
shall be prohibited in all enclosed public places in this state."69
SECTION 7.70
Said chapter is further amended by revising Code Section 31-12A-5, relating to smoking71
prohibited in enclosed areas within places of employment and required communications, as72
follows:73
"31-12A-5.74
(a) Except as otherwise specifically provided in Code Section 31-12A-6, smoking and75
vaping shall be prohibited in all enclosed areas within places of employment, including,76
but not limited to, common work areas, auditoriums, classrooms, conference and meeting77
rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges,78
stairs, restrooms, and all other enclosed facilities.79
(b) Such prohibition on smoking and vaping shall be communicated to all current80
employees by July 1, 2005 January 1, 2023, and to each prospective employee upon their81
application for employment."82
SECTION 8.83
Said chapter is further amended by revising paragraphs (2), (3), (6), (7), (8), (11), and (12)84
of subsection (a) and subsection (b) of Code Section 31-12A-6, relating to exemptions, as85
follows:86 23 LC 44 2152
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"(2) Hotel and motel rooms that are rented to guests and are designated as smoking or87
vaping rooms; provided, however, that not more than 20 percent of rooms rented to88
guests in a hotel or motel may be so designated;89
(3) Retail tobacco stores, provided that secondhand smoke or vapor from such stores90
does not infiltrate into areas where smoking and vaping is prohibited under the provisions91
of this chapter;"92
"(6) Smoking or vaping areas in international airports, as designated by the airport93
operator;94
(7) All workplaces of any manufacturer, importer, distributor, or wholesaler of tobacco95
products or vapor products, of any tobacco leaf dealer or processor, all tobacco storage96
facilities, and any other entity set forth in Code Section 10-13A-2;97
(8) Private and semiprivate rooms in health care facilities licensed under this title that98
are occupied by one or more persons, all of whom have written authorization by their99
treating physician to smoke or vape;"100
"(11) Smoking or vaping areas designated by an employer which shall meet the101
following requirements:102
(A) The smoking or vaping area shall be located in a nonwork area where no103
employee, as part of his or her work responsibilities, shall be required to enter, except104
such work responsibilities shall not include custodial or maintenance work carried out105
in the smoking or vaping area when it is unoccupied;106
(B) Air handling systems from the smoking or vaping area shall be independent from107
the main air handling system that serves all other areas of the building and all air within108
the smoking or vaping area shall be exhausted directly to the outside by an exhaust fan109
of sufficient size and capacity for the smoking or vaping area and no air from the110
smoking or vaping area shall be recirculated through or infiltrate other parts of the111
building; and112
(C) The smoking or vaping area shall be for the use of employees only.113 23 LC 44 2152
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The exemption provided for in this paragraph shall not apply to restaurants and bars;
114
(12) Common work areas, conference and meeting rooms, and private offices in private115
places of employment, other than medical facilities, that are open to the general public116
by appointment only; except that smoking and vaping
shall be prohibited in any public117
reception area of such place of employment; and"118
"(b) In order to qualify for exempt status under subsection (a) of this Code section, any119
area described in subsection (a) of this Code section, except for areas described in120
paragraph (1) of subsection (a) of this Code section, shall post conspicuously at every121
entrance a sign indicating that smoking or vaping is permitted."122
SECTION 9.123
Said chapter is further amended by revising Code Section 31-12A-7, relating to smoking124
prohibited in designated nonsmoking places, as follows:125
"31-12A-7.126
Notwithstanding any other provision of this chapter, an owner, operator, manager, or other127
person in control of an establishment, facility, or outdoor area may declare that entire128
establishment, facility, or outdoor area as a nonsmoking or nonvaping place. Smoking and129
vaping shall be prohibited in any place in which a sign conforming to the requirements of130
subsection (a) of Code Section 31-12A-8 is posted."131
SECTION 10.132
Said chapter is further amended by revising subsection (a) of Code Section 31-12A-8,133
relating to "No Smoking" signs and ashtrays prohibited in nonsmoking areas, as follows:134
"(a) 'No Smoking or Vaping' signs or the international 'No Smoking' symbol consisting of135
a pictorial representation of a burning cigarette enclosed in a red circle with a red bar136
across it may be clearly and conspicuously posted by the owner, operator, manager, or137 23 LC 44 2152
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other person in control in every public place and place of employment where smoking or138
vaping is prohibited by this chapter."139
SECTION 11.140
Said chapter is further amended by revising Code Section 31-12A-12, relating to other laws,141
rules, regulations, and ordinances not prohibited, as follows:142
"31-12A-12.143
This chapter shall be cumulative to and shall not prohibit the enactment of any other144
general or local laws, rules, and regulations of state or local governing authorities or local145
ordinances prohibiting smoking or vaping which are more restrictive than this chapter or146
are not in direct conflict with this chapter."147
SECTION 12.148
Said chapter is further amended by revising subsection (a) of Code Section 31-12A-13,149
relating to construction, as follows:150
"(a) This chapter shall not be construed to permit smoking or vaping where it is otherwise151
restricted by other applicable laws."152
SECTION 13.153
All laws and parts of laws in conflict with this Act are repealed.154