Relating to vaping devices; to amend Section 28-11-14, Code of Alabama 1975, to further provide prohibitions on the possession of an electronic nicotine delivery system by individuals under 21 years of age; 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.
Impact
The legislative change will have implications on state and local laws regarding the sale and use of tobacco and electronic nicotine products. SB316 is expected to increase enforcement actions against individuals and possibly lead to higher local government expenses for implementing these regulations. This raises questions about the financial burden on local entities who may need to adapt their policing and administrative frameworks to comply with the new law. While seeking to protect youth, these financial implications may concern local governments that are required to manage added expenditures arising from enforcement and educational initiatives.
Summary
SB316 aims to amend the existing law concerning the possession of electronic nicotine delivery systems (ENDs) by individuals under the age of 21 in the state of Alabama. The bill establishes stricter prohibitions, making it unlawful for anyone under 21 to possess or use an electronic nicotine delivery system, regardless of the contents within. This is a significant tightening of regulations as previous laws allowed for certain circumstances where possession could be permissible. By addressing the possession of these devices specifically, the bill aims to combat youth smoking and vaping in the state.
Contention
During discussions surrounding SB316, various points of contention emerged. Supporters of the bill, primarily focused on public health, argued that the bill is a necessary step to reduce youth access to vaping products and ultimately lower rates of nicotine addiction among young people. However, critics raised concerns about the potential overreach of state law into local governance, as some local governments may oppose this amendment for infringing upon their ability to regulate within their jurisdictions. Additionally, there were worries regarding unintended consequences, such as increased fines and penalties for youth caught possessing these devices, which may not effectively deter use but instead create more significant legal challenges for young individuals.
Legislative_status
SB316 was read the third time and passed with a unanimous vote of 35-0 on May 24, 2023. This overwhelming support suggests strong bipartisan agreement on the need to address youth vaping in Alabama, although the method of implementation and the financial implications for local governments remain important topics for future discussion.
Children First Trust Fund, appropriations from for fiscal year ending September 30, 2026, use of allocation pursuant to Section 41-15B-2.2, Code of Alabama 1975 and this act, tobacco settlement revenues deposited in fund within 30 days of receipt.
Children First Trust Fund, appropriations from for fiscal year ending September 30, 2026, use of allocation pursuant to Section 41-15B-2.2, Code of Alabama 1975 and this act, tobacco settlement revenues deposited in fund within 30 days of receipt
Defines "electronic nicotine-delivery system shop" and requires that ten percent (10%) of sales revenue from said shops be transferred to the tobacco cessation programs pursuant to § 27-20-53.
Defines “electronic nicotine-delivery system shop” and requires that ten percent (10%) of sales revenue from said shops be transferred to the tobacco cessation programs pursuant to § 27-20-53.
Defines an alternative nicotine product as any noncombustible product without tobacco leaf but nicotine from another source and also taxes alternative nicotine products at $2.00 per container up to 20 units.
Defines an alternative nicotine product as any noncombustible product without tobacco leaf but nicotine from another source and also taxes alternative nicotine products at $2.00 per container up to 20 units.
Permits dealers without a distributor's license to resell cigars, and ultra premium pipe tobacco, excluding pipe tobacco intended for cigarettes, to other dealers.
Permits dealers without a distributor's license to resell cigars, and ultra premium pipe tobacco, excluding pipe tobacco intended for cigarettes, to other dealers.