HB1136: HB1136 Georgia Smoke-free Air Act; prohibit smoking and disposing of smoking products within a 25 foot radius of playgrounds and sandboxes

26 LC 65 0029 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 "Georgia1 Smoke-free Air Act of 2005," so as to prohibit smoking and disposing of smoking products2 within a 25 foot radius of playgrounds and sandboxes; to prohibit smoking within 250 feet3 of a youth sports event; to provide for definitions; to provide for related matters; to repeal4 conflicting laws; and 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, the "Georgia Smoke-free8 Air Act of 2005," is amended by revising paragraphs (10) through (19) of and adding new9 paragraphs to Code Section 31-12A-2, relating to definitions, to read as follows:10 "(10) 'Playground' means any park or recreational area specifically designed to be used11 by children that has play equipment installed, or any similar facility located on public or12 private school grounds, or on city, county, or state park grounds.13 (10)(11) 'Public place' means an enclosed area to which the public is invited or in which14 the public is permitted, including, but not limited to, banks, bars, educational facilities,15 health care facilities, laundromats, public transportation faci lities, reception areas,16 H. B. 1136 - 1 - 26 LC 65 0029 restaurants, retail food production and marketing establishment s, retail service17 establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms.18 A private residence is not a public place unless it is used as a licensed child care, adult19 day-care, or health care facility.20 (11)(12) 'Restaurant' means an eating establishment, including, but not limited to, coffee21 shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives22 or offers for sale food to the public, guests, or employees, as well as kitchens and catering23 facilities in which food is prepared on the premises for serving elsewhere. The term shall24 include a bar area within any restaurant.25 (12)(13) 'Retail tobacco store' means a retail store utilized primaril y for the sale of26 tobacco products and accessories and in which the sale of other products is merely27 incidental.28 (14) 'Sandbox' means a designated play area within a public park for the use by children29 under five years of age. Where the area is not contained by a fence, the boundary of a30 sandbox area shall be defined by the edge of the resilient surface of safety material, such31 as concrete or wood, or any other material surrounding the sandbox area.32 (13)(15) 'Secondhand smoke' means smoke emitted from lighted, smoldering, or burning33 tobacco when the person smoking is not inhaling, smoke emitted at the mouthpiece34 during puff drawing, and smoke exhaled by the person smoking.35 (14)(16) 'Service line' means an indoor line in which one or more persons are waiting for36 or receiving service of any kind, whether or not the service in volves the exchange of37 money.38 (15)(17) 'Shopping mall' means an enclosed public walkway or hall area that serves to39 connect retail or professional establishments.40 (16)(18) 'Smoking' means inhaling, exhaling, burning, or carrying any lighted tobacco41 product intended for inhalation, including cigarettes, cigars, and pipe tobacco. Such term42 includes the use of an electronic smoking device which creates an aerosol or vapor or the43 H. B. 1136 - 2 - 26 LC 65 0029 use of any oral smoking device for the purpose of circumventing the prohibition of44 smoking in this chapter.45 (17)(19) 'Smoking area' means a separately designated enclosed room wh ich need not46 be entered by an employee in order to conduct business that is designated as a smoking47 area and, when so designated as a smoking area, shall not be co nstrued as to deprive48 employees of a nonsmoking lounge, waiting area, or break room.49 (18)(20) 'Sports arena' means enclosed stadiums and enclosed sports pa vilions,50 gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling51 alleys, and other similar places where members of the general public assemble to engage52 in physical exercise, participate in athletic competition, or witness sports or other events.53 (19)(21) 'Tobacco product' has the same meaning as in 21 U.S.C. Sectio n 321(rr) as it54 exists on July 1, 2023.55 (22) 'Youth sports event' means any practice, game, or related activity organized by any56 entity at which athletes up to 18 years of age are present."57 SECTION 2.58 Said chapter is further amended by adding a new Code section to read as follows:59 "31-12A-14.60 (a) Smoking shall be prohibited within:61 (1) A 25 foot radius of any playground or sandbox area; and62 (2) A 250 foot radius of any youth sports event.63 (b) Disposing of cigarette butts, cigar butts, or any other to bacco related waste shall be64 prohibited within a 25 foot radius of any playground or sandbox area."65 SECTION 3.66 All laws and parts of laws in conflict with this Act are repealed.67 H. B. 1136 - 3 -