07Mar
20 W14Z55-1 01/09/2023 GP (L) GP 2022-5103
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SYNOPSIS:
Existing law does not prohibit smoking or vaping
in a motor vehicle when a child is present.
This bill would prohibit smoking or vaping in a
motor vehicle when a child under 14 years of age is
present.
This bill would also provide penalties for a
violation.
Amendment 621 of the Constitution of Alabama of
1901, as amended by Amendment 890, 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.
A BILL
TO BE ENTITLED
AN ACT
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Relating to crimes and offenses; to prohibit smoking or
vaping in a motor vehicle when a child is present; to provide
penalties; 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, as amended by
Amendment 890, now appearing as Section 111.05 of the Official
Recompilation of the Constitution of Alabama of 1901, as
amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) SMOKE. The same meaning as smoking in Section
22-15A-3, Code of Alabama 1975.
(2) TOBACCO PRODUCT. The same meaning as in Section
28-11-2, Code of Alabama 1975.
(3) VAPE. To use an electronic nicotine delivery system
as defined in Section 28-11-2, Code of Alabama 1975.
(b)(1) It is unlawful for a person to smoke a tobacco
product or vape in an enclosed motor vehicle when a child 14
years of age or younger is present in the enclosed motor
vehicle.
(2) This section applies to all motor vehicles and
whether the motor vehicle is in motion or at rest, or whether
the windows of the motor vehicle are open or closed.
(c) A violation of this section is punishable by a fine
not exceeding one hundred dollars ($100) for each violation.
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(d) A violation of this section may be investigated and
charged only as a secondary violation following the lawful
stop of a motor vehicle based on probable cause of a separate
violation of law, and the issuance of a citation or warrant of
arrest for that violation.
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Amendment 621, as amended by Amendment
890, now appearing as Section 111.05 of the Official
Recompilation of the Constitution of Alabama of 1901, as
amended, because the bill defines a new crime or amends the
definition of an existing crime.
Section 3. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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