HB65 Alabama 2024 Session

Summary

Primary Sponsor

Barbara Drummond Representative

Democrat

Session

Regular Session 2024

Title

Alcoholic Beverage Control Board, regulation of retail sale of certain tobacco products, electronic nicotine delivery

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.

This bill would revise the definition of "electronic nicotine delivery system" to include battery powered devices that deliver substances other than tobacco through the inhalation of vapor.

This bill would prohibit the distribution of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products through a vending machine.

Under existing law, there is no fee for a retail permit to distribute tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products.

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

Under existing law, the ABC Board may assess an HB65 INTRODUCED administrative penalty for a violation of the tobacco retail laws.

This bill would increase the penalty that may be assessed and would provide for the distribution of the penalty.

This bill would further provide for the membership of the advisory board to the ABC Board.

Under existing law, an individual under 21 years of age who possesses any tobacco, tobacco product, alternative nicotine product, electronic nicotine delivery system, or false proof of identification shall be issued a citation similar to a uniform nontraffic citation and a $50 fine.

This bill would provide a series of graduated consequences for a violation based on the number of previous violations and would specify that a violation is committed for possession of an electronic nicotine delivery system, irrespective of the substance contained therein.

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 HB65 INTRODUCED 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 further provide for the requirement of tobacco retailers to post signage warning of the dangers of tobacco product use.

This bill would provide the ABC Board with general rulemaking authority to administer the tobacco retail laws.

This bill would also require the State Board of Education to adopt a model policy for the establishment of vaping awareness, education, and prevention programs to discourage the possession and use of prohibited tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products by students in K-12 schools and would require local school boards to adopt a policy based on the model policy.

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 HB65 INTRODUCED 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.

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Subjects

Alcoholic Beverages & Tobacco