Alabama 2023 Regular Session

Alabama House Bill HB3 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB3ENROLLED
2		-	Page 0
3		-	W14Z55-2
4		-	By Representative Hollis
5		-	RFD: Public Safety and Homeland Security
6		-	First Read: 07-Mar-23
7		-	PFD: 20-Jan-23
8		-	2023 Regular Session
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10		-	2
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14		-	6 HB3 EnrolledHB3 Enrolled
	1	+
	2	+	07Mar
	3	+	20 W14Z55-1 01/09/2023 GP (L) GP 2022-5103
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16		-	Enrolled, An Act,
17		-	Relating to crimes and offenses; to prohibit smoking or
18		-	vaping in a motor vehicle when a child is present; to provide
19		-	penalties; and in connection therewith would have as its
20		-	purpose or effect the requirement of a new or increased
21		-	expenditure of local funds within the meaning of Amendment 621
22		-	of the Constitution of Alabama of 1901, as amended by
23		-	Amendment 890, now appearing as Section 111.05 of the Official
24		-	Recompilation of the Constitution of Alabama of 1901, as
25		-	amended.
26		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
27		-	Section 1. (a) For the purposes of this section, the
28		-	following terms have the following meanings:
29		-	(1) SMOKE. The same meaning as smoking in Section
30		-	22-15A-3, Code of Alabama 1975.
31		-	(2) TOBACCO PRODUCT. The same meaning as in Section
32		-	28-11-2, Code of Alabama 1975.
33		-	(3) VAPE. To use an electronic nicotine delivery system
34		-	as defined in Section 28-11-2, Code of Alabama 1975.
35		-	(b)(1) It is unlawful for a person to smoke a tobacco
36		-	product or vape in an enclosed motor vehicle when a child 14
37		-	years of age or younger is present in the enclosed motor
38		-	vehicle.
39		-	(2) This section applies to all motor vehicles and
40		-	whether the motor vehicle is in motion or at rest, or whether
41		-	the windows of the motor vehicle are open or closed.
	5	+	SYNOPSIS:
	6	+	Existing law does not prohibit smoking or vaping
	7	+	in a motor vehicle when a child is present.
	8	+	This bill would prohibit smoking or vaping in a
	9	+	motor vehicle when a child under 14 years of age is
	10	+	present.
	11	+	This bill would also provide penalties for a
	12	+	violation.
	13	+	Amendment 621 of the Constitution of Alabama of
	14	+	1901, as amended by Amendment 890, now appearing as
	15	+	Section 111.05 of the Official Recompilation of the
	16	+	Constitution of Alabama of 1901, as amended, prohibits
	17	+	a general law whose purpose or effect would be to
	18	+	require a new or increased expenditure of local funds
	19	+	from becoming effective with regard to a local
	20	+	governmental entity without enactment by a 2/3 vote
	21	+	unless: it comes within one of a number of specified
	22	+	exceptions; it is approved by the affected entity; or
	23	+	the Legislature appropriates funds, or provides a local
	24	+	source of revenue, to the entity for the purpose.
	25	+	A BILL
	26	+	TO BE ENTITLED
	27	+	AN ACT
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69		-	28 HB3 EnrolledHB3 Enrolled
70		-	Page 2
	55	+	28 Page 2
	56	+	Relating to crimes and offenses; to prohibit smoking or
	57	+	vaping in a motor vehicle when a child is present; to provide
	58	+	penalties; and in connection therewith would have as its
	59	+	purpose or effect the requirement of a new or increased
	60	+	expenditure of local funds within the meaning of Amendment 621
	61	+	of the Constitution of Alabama of 1901, as amended by
	62	+	Amendment 890, now appearing as Section 111.05 of the Official
	63	+	Recompilation of the Constitution of Alabama of 1901, as
	64	+	amended.
	65	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	66	+	Section 1. (a) For the purposes of this section, the
	67	+	following terms have the following meanings:
	68	+	(1) SMOKE. The same meaning as smoking in Section
	69	+	22-15A-3, Code of Alabama 1975.
	70	+	(2) TOBACCO PRODUCT. The same meaning as in Section
	71	+	28-11-2, Code of Alabama 1975.
	72	+	(3) VAPE. To use an electronic nicotine delivery system
	73	+	as defined in Section 28-11-2, Code of Alabama 1975.
	74	+	(b)(1) It is unlawful for a person to smoke a tobacco
	75	+	product or vape in an enclosed motor vehicle when a child 14
	76	+	years of age or younger is present in the enclosed motor
	77	+	vehicle.
	78	+	(2) This section applies to all motor vehicles and
	79	+	whether the motor vehicle is in motion or at rest, or whether
	80	+	the windows of the motor vehicle are open or closed.
71	81		(c) A violation of this section is punishable by a fine
72	82		not exceeding one hundred dollars ($100) for each violation.
73		-	(d) A violation of this section may be investigated and
74		-	charged only as a secondary violation following the lawful
75		-	stop of a motor vehicle based on probable cause of a separate
76		-	violation of law, and the issuance of a citation or warrant of
77		-	arrest for that violation.
78		-	Section 2. Although this bill would have as its purpose
79		-	or effect the requirement of a new or increased expenditure of
80		-	local funds, the bill is excluded from further requirements
81		-	and application under Amendment 621, as amended by Amendment
82		-	890, now appearing as Section 111.05 of the Official
83		-	Recompilation of the Constitution of Alabama of 1901, as
84		-	amended, because the bill defines a new crime or amends the
85		-	definition of an existing crime.
86		-	Section 3. This act shall become effective on the first
87		-	day of the third month following its passage and approval by
88		-	the Governor, or its otherwise becoming law.
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108		-	________________________________________________
109		-	Speaker of the House of Representatives
110		-	________________________________________________
111		-	President and Presiding Officer of the Senate
112		-	House of Representatives
113		-	I hereby certify that the within Act originated in and
114		-	was passed by the House 04-Apr-23.
115		-	John Treadwell
116		-	Clerk
117		-	Senate 25-Apr-23 Passed
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	110	+	56 Page 3
	111	+	(d) A violation of this section may be investigated and
	112	+	charged only as a secondary violation following the lawful
	113	+	stop of a motor vehicle based on probable cause of a separate
	114	+	violation of law, and the issuance of a citation or warrant of
	115	+	arrest for that violation.
	116	+	Section 2. Although this bill would have as its purpose
	117	+	or effect the requirement of a new or increased expenditure of
	118	+	local funds, the bill is excluded from further requirements
	119	+	and application under Amendment 621, as amended by Amendment
	120	+	890, now appearing as Section 111.05 of the Official
	121	+	Recompilation of the Constitution of Alabama of 1901, as
	122	+	amended, because the bill defines a new crime or amends the
	123	+	definition of an existing crime.
	124	+	Section 3. This act shall become effective on the first
	125	+	day of the third month following its passage and approval by
	126	+	the Governor, or its otherwise becoming law.
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