Alabama

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Alabama

Postby JustJulie » Mon Mar 05, 2012 10:16 am

CTA issued 2/11/12. Tentatively assigned to Darrin Pup Gold.

Alabama Smoke-free Air Amendment of 2012: Ban the use of e-cigarettes in any public place where smoking is prohibited.

Link to CTA: http://www.casaa.org/CTA__Alabama.html

Links to legislation:

SB 197:

Legislation: http://alisondb.legislature.state.al.us ... /sb197.htm
Track: http://alisondb.legislature.state.al.us ... mber=SB197

SB 198:

Legislation: http://alisondb.legislature.state.al.us ... /sb198.htm
Track: http://alisondb.legislature.state.al.us ... mber=SB198

HB 383:

Legislation: http://alisondb.legislature.state.al.us ... /hb383.htm
Track: http://alisondb.legislature.state.al.us ... mber=HB383

Status:
SB 197: 2/7/12 pending in Health Committee
SB 198: 2/7/12 pending in Health Committee
HB 383: 2/21/12 pending in Health Committee
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Re: Alabama

Postby JustJulie » Wed Mar 14, 2012 4:42 pm

The bill is be known as the "Alabama Smoke-free Air Act of 2012," SB198 passed out of the Senate Health Committee on Wednesday with three amendments.

Senator Vivian Davis Figures (D-Mobile), sponsor of the bill, said, "This bill really focuses on second-hand smoke and people breathing smoke involuntarily. Whatever the wishes of the committee regarding this amendment are fine."

Senator Gerald Dial (R-Lineville) offered the first amendment deleting electronic cigarettes from the bill. Dial added, "This just deletes e-cigarettes that a lot of people are using to quit smoking. I don't think there is any opposition to this amendment. They don't produce anything that tobacco does in the atmosphere."

Also inserted in the bill was the clarification of cigar bar and private clubs: "Cigar bar--an establishment that is primarily devoted to the onsite business of selling cigars or cigar tobacco and the onsite sale or rental of humidors. An establishment may be licensed to sell alcohol or alcoholic beverages for consumption by guests on the premises in which the serving of food is only incidental to the consumption of the beverages.

To address any establishments grandfather provision, an amendment to page 9, line 26 after the word "club" the inserted text reads: "That is in existence and operating on the date of the effective date of this act. Notwithstanding or forgoing this act shall apply for a private club that comes into existence after the effective date of this act."

This bill will now be placed in the Senate Rules Committee to determine its placement on any Special Orders.


http://alreporter.com/al-politics/polit ... ealth.html
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Re: Alabama

Postby JustJulie » Thu Mar 29, 2012 11:43 am

Update for 198:

Track: http://alisondb.legislature.state.al.us ... mber=SB198

link to amendment: http://alisondb.legislature.state.al.us ... ABEL=SB198

Amendment removes e-cigarettes. The only potentially troubling language:

(17) SMOKE or SMOKING. The act of inhaling,
2 exhaling, burning, carrying, holding, or possessing any
3 lighted or heated tobacco product including, but not limited
4 to, cigars, cigarettes, or pipes, or any other lighted or
5 heated smoking equipment or device containing any weed, plant,
6 or other combustible substance. The term also includes the use
7 of any oral smoking device for the purpose of circumventing
8 the prohibition against smoking in this act.


It is possible someone might argue that e-cigarettes are designed to circumvent the prohibition on smoking. However, given that (1) the phrase "oral SMOKING device" is used, and (2) the bill was amended to remove language including e-cigarettes, it doesn't seem likely that an argument including e-cigarettes in the smoking ban would be successful.
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Re: Alabama

Postby Deadcat2 » Thu Apr 26, 2012 12:53 pm

Update on SB198: http://alisondb.legislature.state.al.us ... mber=SB198

It was on Third Reading in the House of Origin.
And now it is Carried Over to Call of the Chair.
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Re: Alabama

Postby Deadcat2 » Thu Apr 26, 2012 1:19 pm

Dial Amendment 140372-2 Offered on SB198:

On Page 9, line 8, after the period insert the following new language:
E-cigarettes shall not be considered smoking devices for the purposes of this act.
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Re: Alabama

Postby Deadcat2 » Thu May 10, 2012 2:05 pm

Not sure why, but the status of SB198 now shows as follows...
Indefinitely Postponed in House of Origin

http://alisondb.legislature.state.al.us ... mber=SB198
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