Health Health: Enact the "georgia Smokefree Air Act of 2005"; Provide for Definitions; Prohibit Smoking in Certain Facilities and Areas; Provide for Exceptions; Provide That Entire Establishments, Facilities, or Outdoor Areas Shall Be Nonsmoking; Provide for Posting of Signs and Removal of Ashtrays; Provide for an Informational Program; Provide for Enforcement; Provide That This Prohibition Shall Be Cumulative to Other General or Local Acts, Rules, and Regulations; Provide for Statutory Construction; Provide for Related Matters; Provide for Effective Dates; Repeal Conflicting Laws; and for Other Purposes

• Jurisdiction: Georgia,United States
• Publication year: 2010
• Citation: Vol. 22 No. 1

Georgia State University Law Review

Volume 22 . Issue 1 Fall 2005 ¹³

9-1-2005

HEALTH Health: Enact the "Georgia Smokefree Air Act of2005"; Provide for Definitions; Prohibit Smoking in Certain Facilities and Areas; Provide for Exceptions; Provide That Entire Establishments, Facilities, or Outdoor Areas Shall Be Nonsmoking; Provide for Posting of Signs and Removal of Ashtrays; Provide for an Informational Program; Provide for Enforcement; Provide That This Prohibition Shall Be Cumulative to Other General or Local Acts, Rules, and Regulations; Provide for Statutory Construction; Provide for Related Matters; Provide for Effective Dates; Repeal Conflicting Laws; and for Other Purposes

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Recommended Citation

Smith, Rebecca (2005) "HEALTH Health: Enact the "Georgia Smokefree Air Act of2005"; Provide for Definitions; Prohibit Smoking in Certain Facilities and Areas; Provide for Exceptions; Provide That Entire Establishments, Facilities, or Outdoor Areas Shall Be Nonsmoking; Provide for Posting of Signs and Removal of Ashtrays; Provide for an Informational Program; Provide for Enforcement; Provide That This Prohibition Shall Be Cumulative to Other General or Local Acts, Rules, and Regulations; Provide for Statutory Construction; Provide for Related Matters; Provide for Effective Dates; Repeal Conflicting Laws; and for Other Purposes," Georgia State University Law Review: Vol. 22: Iss. 1, Article 13. Available at: http://digitalarchive.gsu.edu/gsulr/vol22/iss1/13

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HEALTH

Health: Enact the "Georgia Smokefree Air Act of2005"; Provide for Definitions; Prohibit Smoking in Certain Facilities and Areas; Provide for Exceptions; Provide That Entire Establishments, Facilities, or Outdoor Areas Shall Be Nonsmoking; Provide for

Posting of Signs and Removal of Ashtrays; Provide for an Informational Program; Provide for Enforcement; Provide That This Prohibition Shall Be Cumulative to Other General or Local Acts, Rules, and Regulations; Provide for Statutory Construction; Provide for Related Matters; Provide for Effective Dates; Repeal Conflicting Laws; and for Other Purposes

Code Sections:

Bill Numbers: Act Number: Georgia Laws: Summary:

O.C.GA. §§ 16-12-2 (amended), 31-12A-1 to-13 (new) SB 90, HB 426 368

2005 Ga. Laws 1184 The Act prohibits smoking in all enclosed public places in Georgia. The Act exempts private residences, hotel and motel rooms (as long as the hotel or motel does not designate more than 20% of the rooms as smoking), retail tobacco stores, long term care facilities, outdoor areas of employment, smoking areas in international airports, all workplaces of any manufacturer, importer, or wholesaler of tobacco products, private and semiprivate rooms in healthcare facilities (with written authorization from the treating physician), all bars and restaurants denying access and employment to those under the age of 18, convention facilities denying access and employment to those under the age of 18, common work areas open to the

139

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^{J J} Hei'nOnline -- 22 Ga. St. U. L. Rev. 139 2005-2006

140 GEORGIA STATE UNIVERSITY LAW REVIEW [Vol. 22:139

public by appointment only, private clubs, military and noncommissioned officer clubs, and designated smoking areas located in nonwork areas with independent air handling systems. The Act also requires the posting of nonsmoking signs and the removal of all ashtrays. Finally, the Act makes it a misdemeanor for an individual to violate this bill and imposes a fine of $100 to $500. Effective Date: July 1,2005

History

Senator Don Thomas of the 54th district spent four years working on SB 90.¹ His interest and passion for the bill stems from his 45 year career as a family physician and experience with patients dying from cancer, heart attacks, strokes, and other smoking-related illnesses.² Georgia spends $1.2 billion in direct health care costs every year on tobacco-related diseases, and each pack of cigarettes sold costs the state approximately $7.18...