Georgia Smoke-Free Air Act

In 2005, the State of Georgia passed Senate Bill 90, "The Georgia Smoke-Free Air Act" which prohibits smoking in most public places and workplaces.

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The text of this Act can be found online at: http://dhr.georgia.gov/gasmokefreeair

The Department of Human Resources maintains enforcement jurisdiction - for information on the Rules and Regulations, visit: http://dhr.georgia.gov/gasmokefreeair

 

05 SB90/AP
S. B. 90
- 1 -
Senate Bill 90
By: Senators Thomas of the 54th, Reed of the 35th, Unterman of the 45th, Schaefer of the
50th, Miles of the 43rd and others
AS PASSED
AN ACT
To amend Chapter 12 of Title 16 and Title 31 of the Official Code of Georgia Annotated,
relating to offenses against public health and morals and to health, respectively, so as to
provide comprehensive changes and additions to the prohibition on smoking in this state; to
amend certain provisions relating to the prohibition against smoking in public places; to enact
the "Georgia Smokefree Air Act of 2005"; to provide for definitions; to prohibit smoking in
certain facilities and areas; to provide for exceptions; to provide that entire establishments,
facilities, or outdoor areas shall be nonsmoking; to provide for posting of signs and removal
of ashtrays; to provide for an informational program; to provide for enforcement; to provide
that this prohibition shall be cumulative to other general or local acts, rules, and regulations;
to provide for statutory construction; to provide for related matters; to provide for effective
dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against
public health and morals, is amended by striking Code Section 16-12-2, relating to prohibited
smoking in public places, and inserting in lieu thereof the following:
"16-12-2.
(a) A person smoking tobacco in violation of Chapter 12A of Title 31 shall be guilty of a
misdemeanor and, if convicted, shall be punished by a fine of not less than $100.00 nor
more than $500.00.
(b) This Code section shall be cumulative to and shall not prohibit the enactment of any
other general and local laws, rules and regulations of state or local agencies, and local
ordinances prohibiting smoking which are more restrictive than this Code section."
SECTION 2.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding
after Chapter 12 a new Chapter 12A to read as follows: