HB149 Alabama 2011 Session

Summary

Primary Sponsor

Mary Sue McClurkinCity Council

Republican

Session

Regular Session 2011

Title

Smoking, in places of employment and public places, prohibited, State Board of Health to enforce, Alabama Smoke-free Air Act, Secs. 22-15A-1 to 22-15A-10, inclusive, repealed

Summary

HB149 would create the Alabama Smoke-free Air Act to ban smoking in enclosed public places and workplaces, regulate outdoor smoking areas, and repeal the old Indoor Act, with enforcement by the Department of Public Health.

What This Bill Does

It prohibits smoking in all enclosed areas of public places and places of employment, including enclosed areas of private clubs. It also restricts outdoor smoking to within 15 feet of entrances, exits, windows, outdoor seating, playgrounds, and outdoor arenas. The act requires owners to post No Smoking signs, remove ashtrays from prohibited areas, and notify job applicants and current employees about the prohibition, while giving the Department of Public Health the power to enforce and levy penalties, including fines and possible license suspensions; local jurisdictions can enforce or adopt stricter rules as well. It repeals the existing Alabama Clean Indoor Act and allows for rules to be adopted to implement the act.

Who It Affects

• Public: employees, customers, and visitors in public places and places of employment would be protected from secondhand smoke in enclosed areas and could be fined if they smoke where prohibited.
• Business owners/operators/managers: must post signage, enforce the prohibition, notify applicants and employees, remove ashtrays from prohibited areas, and may face fines, civil penalties, and possible permit suspensions for violations.

Key Provisions

• Prohibits smoking in all enclosed areas of public places and places of employment, including enclosed areas of private clubs.
• Outdoor smoking restrictions: within 15 feet of entrances/exits/ventilation zones, outdoor seating areas of restaurants/bars, outdoor playgrounds, and within 15 feet of outdoor arenas.
• Owner/manager duties: post No Smoking signs, post at entrances, remove ashtrays from prohibited areas, and provide notice of prohibition to job applicants and existing employees.
• Penalties: up to $50 fine for individuals smoking where prohibited; up to $100 first violation and $200 for second+ for owners/managers; civil fines up to $1,000 for third+ violations; possible suspension or revocation of permits; nuisance abatement; daily violations counted.
• Enforcement and rules: the Department of Public Health enforces the act and may adopt rules; local governments may enforce or adopt compatible local laws.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Smoking