House Bill 1136
By: Representatives Glaize of the 67th, Rice of the 139th, Franklin of the 160th, Mitchell of
the 88th, Williams of the 168th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 12A of Title 31 of the Official Code of Georgia Annotated, the "Georgia
Smoke-free Air Act of 2005," so as to prohibit smoking and disposing of smoking products
within a 25 foot radius of playgrounds and sandboxes; to prohibit smoking within 250 feet
of a youth sports event; to provide for definitions; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 12A of Title 31 of the Official Code of Georgia Annotated, the "Georgia Smoke-free
Air Act of 2005," is amended by revising paragraphs (10) through (19) of and adding new
paragraphs to Code Section 31-12A-2, relating to definitions, to read as follows:
<ins>"(10) 'Playground' means any park or recreational area specifically designed to be used
by children that has play equipment installed, or any similar facility located on public or
private school grounds, or on city, county, or state park grounds.
</ins> <del>(10)(11)</del> 'Public place' means an enclosed area to which the public is invited or in which
the public is permitted, including, but not limited to, banks, bars, educational facilities,
health care facilities, laundromats, public transportation facilities, reception areas,
restaurants, retail food production and marketing establishments, retail service
establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms.
A private residence is not a public place unless it is used as a licensed child care, adult
day-care, or health care facility.
<del>(11)(12)</del> 'Restaurant' means an eating establishment, including, but not limited to, coffee
shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives
or offers for sale food to the public, guests, or employees, as well as kitchens and catering
facilities in which food is prepared on the premises for serving elsewhere. The term shall
include a bar area within any restaurant.
<del>(12)(13)</del> 'Retail tobacco store' means a retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is merely
incidental.
<ins>(14) 'Sandbox' means a designated play area within a public park for the use by children
under five years of age. Where the area is not contained by a fence, the boundary of a
sandbox area shall be defined by the edge of the resilient surface of safety material, such
as concrete or wood, or any other material surrounding the sandbox area.
</ins> <del>(13)(15)</del> 'Secondhand smoke' means smoke emitted from lighted, smoldering, or burning
tobacco when the person smoking is not inhaling, smoke emitted at the mouthpiece
during puff drawing, and smoke exhaled by the person smoking.
<del>(14)(16)</del> 'Service line' means an indoor line in which one or more persons are waiting for
or receiving service of any kind, whether or not the service involves the exchange of
money.
<del>(15)(17)</del> 'Shopping mall' means an enclosed public walkway or hall area that serves to
connect retail or professional establishments.
<del>(16)(18)</del> 'Smoking' means inhaling, exhaling, burning, or carrying any lighted tobacco
product intended for inhalation, including cigarettes, cigars, and pipe tobacco. Such term
includes the use of an electronic smoking device which creates an aerosol or vapor or the
use of any oral smoking device for the purpose of circumventing the prohibition of
smoking in this chapter.
<del>(17)(19)</del> 'Smoking area' means a separately designated enclosed room which need not
be entered by an employee in order to conduct business that is designated as a smoking
area and, when so designated as a smoking area, shall not be construed as to deprive
employees of a nonsmoking lounge, waiting area, or break room.
<del>(18)(20)</del> 'Sports arena' means enclosed stadiums and enclosed sports pavilions,
gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling
alleys, and other similar places where members of the general public assemble to engage
in physical exercise, participate in athletic competition, or witness sports or other events.
<del>(19)(21)</del> 'Tobacco product' has the same meaning as in 21 U.S.C. Section 321(rr) as it
exists on July 1, 2023.
<ins>(22) 'Youth sports event' means any practice, game, or related activity organized by any
entity at which athletes up to 18 years of age are present."
</ins> SECTION 2.
Said chapter is further amended by adding a new Code section to read as follows:
<ins>"31-12A-14.
(a) Smoking shall be prohibited within:
(1) A 25 foot radius of any playground or sandbox area; and
(2) A 250 foot radius of any youth sports event.
(b) Disposing of cigarette butts, cigar butts, or any other tobacco related waste shall be
prohibited within a 25 foot radius of any playground or sandbox area."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.