07 LC 33
1673
House
Bill 300
By:
Representatives Gardner of the
57th,
Wilkinson of the
52nd,
Lindsey of the
54th,
Teilhet of the
40th,
and Ashe of the
56th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 31-12A-6 of the Official Code of Georgia Annotated, relating
to exemptions to the "Georgia Smokefree Air Act of 2005," so as to provide an
exemption for performers in live theater under certain circumstances; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 31-12A-6 of the Official Code of Georgia Annotated, relating to
exemptions to the "Georgia Smokefree Air Act of 2005," is amended by revising
subsection (a) as follows:
"(a)
Notwithstanding any other provision of this chapter, the following areas shall
be exempt from the provisions of Code Sections 31-12A-4 and
31-12A-5:
(1)
Private residences, except when used as a licensed child care, adult day-care,
or health care facility;
(2)
Hotel and motel rooms that are rented to guests and are designated as smoking
rooms; provided, however, that not more than 20 percent of rooms rented to
guests in a hotel or motel may be so designated;
(3)
Retail tobacco stores, provided that secondhand smoke from such stores does not
infiltrate into areas where smoking is prohibited under the provisions of this
chapter;
(4)
Long-term care facilities as defined in paragraph (3) of Code Section
31-8-81;
(5)
Outdoor areas of places of employment;
(6)
Smoking areas in international airports, as designated by the airport
operator;
(7)
All workplaces of any manufacturer, importer, or wholesaler of tobacco products,
of any tobacco leaf dealer or processor, all tobacco storage facilities, and any
other entity set forth in Code Section 10-13A-2;
(8)
Private and semiprivate rooms in health care facilities licensed under this
title that are occupied by one or more persons, all of whom have written
authorization by their treating physician to smoke;
(9)
Bars and restaurants, as follows:
(A)
All bars and restaurants to which access is denied to any person under the age
of 18 and that do not employ any individual under the age of 18; or
(B)
Private rooms in restaurants and bars if such rooms are enclosed and have an air
handling system independent from the main air handling system that serves all
other areas of the building and all air within the private room is exhausted
directly to the outside by an exhaust fan of sufficient size;
(10)
Convention facility meeting rooms and public and private assembly rooms
contained within a convention facility not wholly or partially owned, leased, or
operated by the State of Georgia, its agencies and authorities, or any political
subdivision of the state, municipal corporation, or local board or authority
created by general, local, or special Act of the General Assembly while these
places are being used for private functions and where individuals under the age
of 18 are prohibited from attending or working as an employee during the
function;
(11)
Smoking areas designated by an employer which shall meet the following
requirements:
(A)
The smoking area shall be located in a nonwork area where no employee, as part
of his or her work responsibilities, shall be required to enter, except such
work responsibilities shall not include custodial or maintenance work carried
out in the smoking area when it is unoccupied;
(B)
Air handling systems from the smoking area shall be independent from the main
air handling system that serves all other areas of the building and all air
within the smoking area shall be exhausted directly to the outside by an exhaust
fan of sufficient size and capacity for the smoking area and no air from the
smoking area shall be recirculated through or infiltrate other parts of the
building; and
(C)
The smoking area shall be for the use of employees only.
The
exemption provided for in this paragraph shall not apply to restaurants and
bars;
(12)
Common work areas, conference and meeting rooms, and private offices in private
places of employment, other than medical facilities, that are open to the
general public by appointment only; except that smoking shall be prohibited in
any public reception area of such place of employment;
and
(13)
Private clubs, military officer clubs, and noncommissioned officer
clubs;
and
(14)
Theaters or other venues in which live performances are conducted; provided,
however, that this exemption shall only extend to actors in live performances
when smoking is called for in the script and shall only be applicable if advance
notification is given to the patrons who will be attending the
performance."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.