HB57

ENGROSSED

A BILL TO BE ENTITLED AN ACT

Relating to fire safety; to prohibit the possession or sale of sky lanterns and novelty lighters; to provide penalties; and in connection therewith would 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 purpose of this section, a "sky lantern" means an unmanned self-contained free-floating luminary device requiring an open flame underneath, such as a candle, for propulsion.

(b) It shall be unlawful to possess, sell at retail, offer to sell at retail, distribute, or give away a sky lantern in this state.

(c) A violation of this section is a criminal violation punishable pursuant to Section 13A-5-12, Code of Alabama 1975.

Section 2. (a) As used in this section, the term "novelty lighter" means a mechanical or electrical device typically used for lightning cigarettes, cigars, or pipes, that is designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food or beverage, or similar articles, or that plays musical notes. A novelty lighter may operate on any fuel, including butane, isobutene, or liquid fuel.

(b) It shall be unlawful to sell at retail, offer to sell at retail, give, or distribute for retail sale or promotion a novelty lighter in this state.

(c) The prohibition in this section does not apply to any of the following:

(1) Any mechanical or electrical device primarily used to ignite fuel for fireplaces or charcoal or gas grills.

(2) Standard disposable or refillable lighters that are printed or decorated with logos, labels, decals or artwork, or heat shrinkable sleeves, but which do not otherwise resemble a novelty lighter.

(3) The transportation of novelty lighters through this state or to 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.

(d) A violation of this section is a criminal violation punishable pursuant to Section 13A-5-12, Code of Alabama 1975.

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 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.

Fire Protection

Sky Lanterns

Novelty Lighters

Crimes and Offenses

Criminal Law and Procedure