HB1040: HB1040 Health; prohibit smoking within a 25 foot radius of any state and local government buildings or enclosed public places

26 LC 52 1057S The House Committee on Public and Community Health offers the following substitute to HB 1040: A BILL TO BE ENTITLED AN ACT To amend Chapter 12A of Title 31 of the Official Code of Georgi a Annotated, relating to1 smoke-free air, so as to prohibit smoking within a 25 foot radi us of any state and local2 government buildings or enclosed public places; to prohibit smoking in certain previously3 exempt enclosed workplaces; to provide for related matters; to repeal conflicting laws; and4 for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 12A of Title 31 of the Official Code of Georgia Annotated, relating to smoke-free8 air, is amended by revising Code Section 31-12A-3, relating to smoking prohibited in state9 and local government buildings, as follows:10 "31-12A-3.11 Smoking shall be prohibited in and within a 25 foot radius of all enclosed facilities of,12 including buildings owned, leased, or operated by, the State of Georgia, its agencies and13 authorities, and any political subdivision of the state, municipal corporation, or local board14 or authority created by general, local, or special Act of the G eneral Assembly or by15 H. B. 1040 (SUB) - 1 - 26 LC 52 1057S ordinance or resolution of the governing body of a county or mu nicipal corporation16 individually or jointly with other political subdivisions or municipalities of the state."17 SECTION 2.18 Said chapter is further amended by revising Code Section 31-12A -4, relating to smoking19 prohibited in enclosed public places, as follows:20 "31-12A-4.21 Except as otherwise specifically authorized in Code Section 31-12A-6, smoking shall be22 prohibited in and within a 25 foot radius of all enclosed public places in this state."23 SECTION 3.24 Said chapter is further amended by revising subsection (a) of C ode Section 31-12A-6,25 relating to exemptions, as follows:26 "(a) Notwithstanding any other provision of this chapter, the f ollowing areas shall be27 exempt from the provisions of Code Sections 31-12A-4 and 31-12A-5:28 (1) Private residences, except when used as a licensed child c are, adult day-care, or29 health care healthcare facility;30 (2) Hotel and motel rooms that are rented to guests and are de signated as smoking31 rooms; provided, however, that not more than 20 percent of rooms rented to guests in a32 hotel or motel may be so designated;33 (3) Retail tobacco stores, provided that secondhand smoke from such stores does not34 infiltrate into areas where smoking is prohibited under the provisions of this chapter;35 (4) Long-term care facilities as defined in paragraph (3) of C ode Section 31-8-8136 Reserved;37 (5) Outdoor areas of places of employment;38 (6) Smoking areas in international airports, as designated by the airport operator;39 H. B. 1040 (SUB) - 2 - 26 LC 52 1057S (7) All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of40 any tobacco leaf dealer or processor, all tobacco storage facilities, and any other entity41 set forth in Code Section 10-13A-2;42 (8) Private and semiprivate rooms in health care facilities li censed under this title that43 are occupied by one or more persons, all of whom have written a uthorization by their44 treating physician to smoke Reserved;45 (9) Bars and restaurants, as follows:46 (A) All bars and restaurants to which access is denied to any person under the age of47 18 and that do not employ any individual under the age of 18; or48 (B) Private rooms in restaurants and bars if such rooms are enclosed and have an air49 handling system independent from the main air handling system t hat serves all other50 areas of the building and all air within the private room is ex hausted directly to the51 outside by an exhaust fan of sufficient size;52 (10) Convention facility meeting rooms and public and private assembly rooms53 contained within a convention facility not wholly or partially owned, leased, or operated54 by the State of Georgia, its agencies and authorities, or any political subdivision of the55 state, municipal corporation, or local board or authority creat ed by general, local, or56 special Act of the General Assembly while these places are bein g used for private57 functions and where individuals under the age of 18 are prohibi ted from attending or58 working as an employee during the function Reserved;59 (11)(A) Smoking areas designated by an employer, provided that such a reas which60 shall meet the following requirements:61 (A)(i) The smoking area shall be located in a nonwork area where no employee, as62 part of his or her work responsibilities, shall be required to enter, except such work63 responsibilities shall not include custodial or maintenance wor k carried out in the64 smoking area when it is unoccupied;65 H. B. 1040 (SUB) - 3 - 26 LC 52 1057S (B)(ii) Air handling systems from the smoking area shall be independe nt from the66 main air handling system that serves all other areas of the building and all air within67 the smoking area shall be exhausted directly to the outside by an exhaust fan of68 sufficient size and capacity for the smoking area and no air fr om the smoking area69 shall be recirculated through or infiltrate other parts of the building; and70 (C)(iii) The smoking area shall be for the use of employees only.71 (B) The exemption provided for in this paragraph shall not apply to restaurants and72 bars;73 (12) Common work areas, conference and meeting rooms, and private offices in private74 places of employment, other than medical facilities, that are open to the general public75 by appointment only; except that smoking shall be prohibited in any public reception area76 of such place of employment Reserved; and77 (13) Private clubs, military officer clubs, and noncommissioned officer clubs."78 SECTION 4.79 All laws and parts of laws in conflict with this Act are repealed.80 H. 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