SB 95 — Tobacco products; electronic nicotine delivery systems, use or possession of device, prohibited without regard to particular substance used therein

SB95 INTRODUCEDENGROSSED SB95 WRUPEE5-1WRUPEE5-2 3 By Senators Figures, Kelley, Coleman, Stewart, Jones, Smitherman, Carnley, Kitchens, Waggoner, Hovey, Williams, Butler, Allen, Price, Chesteen, Albritton, Stutts, Sessions, Weaver, Givhan, Bell, Elliott, Livingston, Reed, Barfoot, Gudger, Melson, Shelnutt, Beasley, Chambliss, Coleman-Madison, Singleton, Hatcher, Orr, Roberts RFD:

13-Feb-24 Page 0 WRUPEE5-1SB95 02/08/2024Engrossed CMH2 (L)bm4 2024-4876 2A 4BILL SYNOPSIS:TO BE ENTITLED AN ACT Relating to vaping devices;

Under existing law, it unlawful for an individual under 21 years of age to possess any tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system, or false proof of identification.

This bill would specify that an individual under 21 years of age commits a violation for the possession of an electronic nicotine delivery system or other electronic battery-powered device capable of producing a vapor upon inhalation, without regard to which particular e-liquid or other substance, if any, was contained or otherwise used in the device.

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 require a new or increased expenditure of local funds Page 1 SB95 INTRODUCED 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.

A BILL TO BE ENTITLED AN ACT Relating to vaping devices;

"§28-11-13 (a)(1) It is unlawful for any individual under the age of 21 years of age to purchase, use, possess, or transport tobacco, a tobacco product, an electronic nicotine delivery system or other electronic battery-powered device capable of being used to deliver any e-liquid, e-liquid substitute, tobacco, CBD oil, THC oil, herbal extract, or nicotine salt, Page 2 SB95 INTRODUCED or any analog thereof, or any other substance to the individual through the inhalation of vapor, or an alternative Page 1 SB95 Engrossed nicotine product within this state.

(c)(d) If a minor is cited for any violation under this section, the citing agency shall make reasonable efforts to notify a parent, legal guardian, or legal custodian of the Page 3 SB95 INTRODUCED minor unless the minor has been emancipated by court order or operation of law."law. Section 2.

Page 2 SB95 Engrossed (e) Nothing in this section shall apply to devices used to deliver medication prescribed or ordered by a physician licensed to practice medicine in this state." Section 2.

Page 3 SB95 Engrossed Senate Read for the first time and referred ................13-Feb-24 to the Senate committee on Judiciary Read for the second time and placed ................28-Feb-24 on the calendar:

1 amendment Read for the third time and passed ................05-Mar-24 as amended Yeas 31 Nays 0 Abstains 0 Patrick Harris, Secretary.