SB195 Alabama 2013 Session

Sponsors

Session

Regular Session 2013

Title

Health, smoking prohibited in places of employment, public places and private clubs, outdoor areas, exceptions, responsibilities of Health Department and State Board of Health, penalties, Smoke-free Air Act, Secs. 22-15A-1 to 22-15A-10, inclusive, repealed

Description

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 2013.

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 2013; 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.

Subjects

Health