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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2019 Alabama Legislative Regular Session
  5. 2019 Alabama House Bills
  6. HB 41

HB 41

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Signed by Governor
Contents hide
  • 1 Bill Summary
  • 2 Bill Actions
  • 3 Bill Calendar
  • 4 Bill Text
  • 5 Bill Votes
  • 6 Bill Documents

Bill Summary

Sponsors
  • Shane Stringer
Session
Regular Session 2019
Title
Alternative nicotine products, regulate advertising, retail sale, retail store inspection, permits, Secs. 28-11-16, 28-11-17, 28-11-18, 28-11-19, 28-11-20 added; Secs. 28-11-2, 28-11-4, 28-11-7, 28-11-8, 28-11-9, 28-11-11, 13A-12-3, 13A-12-3.1 am'd.
Description

Existing state law does not provide for comprehensive oversight or regulation of alternative nicotine products or retailers of these products

This bill would prohibit alternative nicotine product retailers and manufacturers of alternative nicotine products from advertising alternative nicotine products near schools. This bill would also prohibit specialty retailers of alternative nicotine products from opening new places of business near schools, child care centers, churches, and other facilities. This bill would also prevent retailers and manufacturers of alternative nicotine products from advertising those products as tobacco cessation devices, as a healthy alternative to smoking, or as being available in any variety of flavors

This bill would also require retailers of alternative nicotine products to obtain a tobacco permit, to comply with FDA regulations governing the retail sale of alternative nicotine products, and to post warning signs in their stores regarding the dangers of nicotine use and potential risks associated with vaping

This bill would also prohibit the use of alternative nicotine products in various places, including in schools, in child care facilities, and in vehicles operated by child care facilities for the purposes of transporting children

This bill would also prohibit the sale or transfer of alternative nicotine products to minors

This bill would also require the Alabama Alcoholic Beverage Control Board to regulate retail sales of alternative nicotine devices like sales of tobacco products

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

Relating to alternative nicotine products; to amend Sections 28-11-2, 28-11-4, 28-11-7, 28-11-8, 28-11-9, 28-11-11, 13A-12-3, and 13A-12-3.1, Code of Alabama 1975, to require the Alabama Alcoholic Beverage Control Board to regulate retail sales of alternative nicotine devices like sales of tobacco products, and to prohibit the sale or transfer of alternative nicotine products to minors; to add Sections 28-11-16, 28-11-17, 28-11-18, 28-11-19, and 28-11-20, to the Code of Alabama 1975, to prohibit alternative nicotine product retailers and manufacturers of alternative nicotine products from advertising alternative nicotine products near schools; to prohibit specialty retailers of alternative nicotine products from opening new places of business near certain locations; to prevent retailers of alternative nicotine products from advertising those products as tobacco cessation devices, as a healthy alternative to smoking, or as being available in any variety of flavors; to require retailers of alternative nicotine products to obtain a tobacco permit, to comply with FDA regulations governing the retail sale of alternative nicotine products, and to post certain warning signs; to prohibit the use of alternative nicotine products in various places, including motor vehicles under certain conditions; 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.

Subjects
Alternative Nicotine Products

Bill Actions

Action Date Chamber Action
May 16, 2019 H Delivered to Governor at 10:01 a.m. on May 16, 2019.
May 16, 2019 H Assigned Act No. 2019-233 on 05/23/2019.
May 16, 2019 H Clerk of the House Certification
May 16, 2019 S Signature Requested
May 16, 2019 S Concurred in Second House Amendment
May 15, 2019 H Enrolled
May 15, 2019 H Drummond motion to Concur In and Adopt adopted Roll Call 729
May 15, 2019 H Concurrence Requested
May 15, 2019 S Motion to Read a Third Time and Pass adopted Roll Call 776
May 15, 2019 S Sessions motion to Adopt adopted Roll Call 775
May 15, 2019 S Judiciary Amendment Offered
May 15, 2019 S Third Reading Passed
May 8, 2019 S Read for the second time and placed on the calendar 1 amendment
April 4, 2019 S Read for the first time and referred to the Senate committee on Judiciary
April 4, 2019 H Engrossed
April 4, 2019 H Members intended to cosponsor
April 4, 2019 H Warren intended to vote Yea
April 4, 2019 H Motion to Read a Third Time and Pass adopted Roll Call 113
April 4, 2019 H Motion to Adopt adopted Roll Call 112
April 4, 2019 H Judiciary Amendment Offered
April 4, 2019 H Motion to Adopt adopted Roll Call 111
April 4, 2019 H Judiciary first Substitute Offered
April 4, 2019 H Third Reading Passed
April 3, 2019 H Read for the second time and placed on the calendar with 1 substitute and 1 amendment
March 5, 2019 H Read for the first time and referred to the House of Representatives committee on Judiciary

Bill Calendar

Type Date Location Description
Hearing May 1, 2019 Committee Room 325 at 08:30 Senate JUDY Hearing
Hearing April 3, 2019 PLEASE NOTE: ROOM CHANGE ROOM 617 at 13:30 House JUDY Public Hearing
Hearing March 20, 2019 Room 200 REVISED AGENDA at 13:30 House JUDY Hearing
Hearing March 19, 2019 Room 206 at 13:00 House JUDY Hearing

Bill Text

Download HB 41 PDF

Bill Votes

Drummond motion to Concur In and Adopt
2019-05-15
Chamber: House
Result: Passed
Motion to Read a Third Time and Pass
2019-05-15
Chamber: Senate
Result: Passed
Sessions motion to Adopt
2019-05-15
Chamber: Senate
Result: Passed
Cosponsors Added
2019-04-04
Chamber: House
Result: Passed
Motion to Read a Third Time and Pass
2019-04-04
Chamber: House
Result: Passed
Motion to Adopt
2019-04-04
Chamber: House
Result: Passed
Motion to Adopt
2019-04-04
Chamber: House
Result: Passed

Bill Documents

Type Link
Bill Text HB 41 - Enrolled
Bill Text HB 41 - Engrossed
Bill Text HB 41 - Introduced
Bill Amendments House Judiciary first Substitute Offered
Bill Amendments House Judiciary first Amendment Offered
Bill Amendments Senate Judiciary first Amendment Offered
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