Crimes and Offenses Offenses Against Public Health and Morals; Enact the "georgia Smokefree Air Act of 2004"; Provide for the Crime of Smoking in a Motor Vehicle on a State Highway, County Road, or Municipal Street or on Private Property While a Child Is Restrained in a Child Passenger Restraining System; Prohibit Smoking in Certain Facilities and Areas; Provide for Definitions; Provide for Exceptions; Provide for Posting of Signs; Provide for Violations, Penalties, and State and Local Government Enforcement and Administration; Provide for Construction; Provide That This Prohibition Shall Be Cumulative to Other General or Local Acts, Rules, and Regulations; Repeal a Former Prohibition Against Smoking in Public Places; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes

• Citation: Vol. 21 No. 1
• Publication year: 2010

Georgia State University Law Review

Volume 21 , , „

Artirlp 2

Issue 1 Fall 2004

9-1-2004

CRIMES AND OFFENSES Offenses Against Public Health and Morals; Enact the "Georgia Smokefree Air Act of2004"; Provide for the Crime of Smoking in a Motor Vehicle on a State Highway, County Road, or Municipal Street or on Private Property While a Child is Restrained in a Child Passenger Restraining System; Prohibit Smoking in Certain Facilities and Areas; Provide for Definitions; Provide for Exceptions; Provide for Posting of Signs; Provide for Violations, Penalties, and State and Local Government Enforcement and Administration; Provide for Construction; Provide That This Prohibition Shall Be Cumulative to

Recommended Citation

Ouzts, Brandy (2004) "CRIMES AND OFFENSES Offenses Against Public Health and Morals; Enact the "Georgia Smokefree Air Act of2004"; Provide for the Crime of Smoking in a Motor Vehicle on a State Highway, County Road, or Municipal Street or on Private Property While a Child is Restrained in a Child Passenger Restraining System; Prohibit Smoking in Certain Facilities and Areas; Provide for Definitions; Provide for Exceptions; Provide for Posting of Signs; Provide for Violations, Penalties, and State and Local Government Enforcement and Administration; Provide for Construction; Provide That This Prohibition Shall Be Cumulative to Other General or Local Acts, Rules, and Regulations; Repeal a Former Prohibition Against Smoking in Public Places; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes," Georgia State University Law Review: Vol. 21: Iss. 1, Article 2. Available at: http://digitalarchive.gsu.edu/gsulr/vol21/iss172

This Peach Sheet is brought to you for free and open access by the College of Law Publications at Digital Archive @ GSU. It has been accepted for inclusion in Georgia State University Law Review by an authorized administrator of Digital Archive @ GSU. For more information, please contact digitalarchive@gsu.edu.

Other General or Local Acts, Rules, and Regulations; Repeal a Former Prohibition Against Smoking in Public Places; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes

Brandy Ouzts

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CRIMES AND OFFENSES

Offenses Against Public Health and Morals: Enact the "Georgia Smokefree Air Act of2004"; Provide for the Crime of Smoking in a

Motor Vehicle on a State Highway, County Road, or Municipal Street or on Private Property While a Child is Restrained in a Child Passenger Restraining System; Prohibit Smoking in Certain Facilities and Areas; Provide for Definitions; Provide for Exceptions; Provide for Posting of Signs; Provide for Violations, Penalties, and State and Local Government Enforcement and Administration; Provide for Construction; Provide That This Prohibition Shall Be Cumulative to Other General or Local Acts, Rules, and Regulations; Repeal a Former Prohibition Against Smoking in Public Places; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes

Bill Numbers: SB 507, HB 1138

Summary: The bills would have prohibited

smoking in all enclosed public places in Georgia, including government owned, leased, or operated facilities and enclosed areas in places of employment. The bills also provided that these facilities must display a "No Smoking" sign and may not contain smoking related paraphernalia. Private residences, vehicles, stand-alone bars, some hotel rooms, private and semi-private rooms in nursing homes, retail tobacco stores, and outdoor places of employment would have been exempt from the smoking prohibition. Finally, penalties for violating the smoking ban would have included monetary fines, suspension or revocation of the facility's business license, and injunctive relief.

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History

Senator Don Thomas of the 54th district introduced SB 507 because, as a physician, he has seen many patients die from cancer, heart disease, and other smoking-related illnesses.¹ Cigarettes and tobacco affect both smokers and non-smokers.² Second-hand smoke is the third leading cause of preventable cancers.³ Furthermore, Georgia spends almost $1 billion each year treating health problems associated with smoking.⁴ The Georgia General Assembly has recognized the health and economic hazards associated with smoking and, with SB 507, attempted to follow in the footsteps of the other states that have adopted similar legislation.⁵

Bill Tracking

Consideration by the Senate

Senators Don Thomas, Kasim Reed, Renee Unterman, Regina Thomas, and Daniel Lee of the 54th, 35th, 45th, 2nd,...