SB198 Alabama 2012 Session

Under existing law, the Alabama Clean Indoor Air Act prohibits smoking in certain public places

This bill would repeal the Alabama Clean Indoor Air Act and establish the Alabama Smoke-free Air Act of 2012

This bill would prohibit smoking in places of employment and public places

This bill would provide legislative intent and definitions

This bill would prohibit smoking in certain outdoor areas

This bill would specifically exempt private clubs and private residences not used for child care or adult care, or as a health care facility

This bill would provide requirements for owners, operators, managers, and employers

This bill would prohibit retaliation against any person reporting a violation

This bill would provide penalties for violations

This bill would allow political subdivisions to adopt stricter requirements

This bill would provide for the responsibilities of the Department of Public Health and the State Board of Health

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To establish the Alabama Smoke-free Air Act of 2012; to prohibit smoking in places of employment and public places; to provide legislative intent; to provide definitions; to prohibit smoking in certain outdoor areas; to specifically exempt private clubs and private residences not used for child care or adult care, or as a health care facility; to provide requirements for owners, operators, managers, and employers; to prohibit retaliation against any person reporting a violation; to provide penalties for violations; to allow political subdivisions to adopt stricter requirements; to provide for the duties of the Department of Public Health and the State Board of Health; to repeal the Alabama Clean Indoor Air Act, Chapter 15A, consisting of Sections 22-15A-1 to 22-15A-10, Title 22, Code of Alabama 1975; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.