HB319 Alabama 2023 Session

Under existing law, the Alcoholic Beverage Control (ABC) Board regulates and enforces the sale of tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems

Under existing law, to assist with the enforcement of the laws prohibiting sales to a minor, an individual under 21 years of age may operate under the supervision of a law enforcement officer to attempt to purchase tobacco products, alternative nicotine products, and electronic nicotine delivery systems. The minor is prohibited from misrepresenting his or her age to the retail licensee

This bill would revise the definition of "electronic nicotine delivery system" to include delivery of substances other than tobacco

This bill would prohibit the minor from using a fake or forged identification and would require the minor to present his or her true identification when requested by the retail licensee

This bill would further provide for the distribution of tobacco products through a vending machine

Under existing law, there is no fee for a permit to distribute tobacco, tobacco products, electronic HB319 INTRODUCED nicotine delivery systems, or alternative nicotine products

This bill would require a one-time application fee and an annual permit fee for the distribution of those products

Under existing law, the board may assess a permit holder and, if applicable, an employee of the permit holder, an administrative penalty for a violation of the tobacco retail laws

This bill would increase the penalty that may be assessed

Under existing law, all fines collected by the ABC Board for the enforcement of the tobacco retail laws are distributed to the General Fund

This bill would create the Tobacco Licensing and Compliance Fund in the State Treasury and would distribute all fines, fees, and other funds collected in the administration and enforcement of the tobacco retail laws to the fund and provide for its administration

This bill would further provide for the membership of the advisory board to the Alcoholic Beverage Control Board

Under existing law, a minor under 21 years of age who possesses any tobacco, tobacco product, alternative nicotine product, electronic delivery system, or false proof of identification shall be issued a uniform nontraffic citation and fined

HB319 INTRODUCED This bill would increase the fine for a violation and would require the minor's driver license to be suspended on a third or subsequent conviction

This bill would increase the authorized administrative penalty for certain tobacco advertising violations

Under existing law, the Department of Revenue maintains a directory listing all e-liquid manufacturers and manufacturers of alternative nicotine authorized to be distributed in the state

This bill would require a manufacturer to meet certain requirements before being approved for the directory

This bill would also further provide for the requirement to post signage warning of the dangers of tobacco product use by tobacco retailers

This bill would provide rulemaking authority

Section 111.05 of the Constitution of Alabama of 2022, 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 HB319 INTRODUCED 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