105173-1:n:11/19/2008:KBH/th LRS2008-4626




SB414
By Senator Sanders
RFD Children, Youth Affairs, and Human Resources
Rd 1 19-FEB-09


SYNOPSIS:Existing law does not prohibit novelty lighters from being sold in this state.
 This bill would prohibit novelty lighters from being sold in this state.
 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.

A BILL
TO BE ENTITLED
AN ACT

Relating to novelty lighters, to prohibit the sale of novelty lighters in this state; 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) For the purposes of this act, novelty lighter means a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that has entertaining audio or visual effects, or that resembles in physical form or function articles commonly recognized as toys appealing to or intended for use by children. This includes, but is not limited to, lighters that resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food or beverages, or that play musical notes or have flashing lights or other entertaining features. A novelty lighter may operate on any type of fuel, including butane or liquid fuel.

(b) Novelty lighter does not include a lighter manufactured prior to January 1, 1980, or a lighter incapable of being fueled or lacking a device necessary to produce combustion or flame.

Section 2. (a) It shall be unlawful for a manufacturer, distributor, importer, retailer, or anyone giving away lighters as prizes or promotions to sell or give away an operable novelty lighter in this state.

(b) This prohibition does not apply to the transportation of novelty lighters through this state or the storage of novelty lighters in a warehouse or distribution center in this state that is closed to the public for purposes of retail sales.

(c) A violation of this act is a Class C misdemeanor.

Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.


Crimes and Offenses
Criminal Law and Procedure
Sales
Business and Commerce
Novelty Lighters