HB319 Alabama 2023 Session

Summary

Primary Sponsor

Barbara Drummond Representative

Democrat

Session

Regular Session 2023

Title

Relating to the Alcoholic Beverage Control Board; to amend Sections 28-11-2, 28-11-3, 28-11-5, 28-11-6.1, 28-11-6.2, 28-11-7, 28-11-9, 28-11-10, 28-11-12, 28-11-13, 28-11-14, 28-11-16, 28-11-17.1, 28-11-18, 28-11-19, Code of Alabama 1975, to revise the definition of "electronic nicotine delivery system" to include delivery of substances other than tobacco; to further provide for the sale of tobacco and other related products to minors; to prohibit the distribution of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products through a vending machine; to provide license fees for the retail sale of certain tobacco products; to further provide for the authorized penalties for certain violations; to establish the Tobacco Licensing and Compliance Fund in the State Treasury and provide for its administration; to further provide for the membership of the advisory board to the Alcoholic Beverages Control Board; to further provide for the requirement of tobacco retailers to post signage warning of the dangers of tobacco product use; to require the board to adopt rules; to require the State Board of Education to establish a model vaping awareness, education, and prevention program and require each local board of education to adopt a policy based on the model policy; to repeal Section 28-11-15, Code of Alabama 1975, 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 Section 111.05 of the Constitution of Alabama of 2022.

Description

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.

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