Protecting Children from Second-Hand Smoke: Alabama House Passes Smoking and Vaping Ban in Vehicles

On Tuesday, the Alabama House of Representatives voted in favor of legislation to make it illegal to smoke or vape with a child present in the vehicle. The proposed law aims to protect children from the harmful effects of second-hand smoke.

The Purpose of House Bill 3

House Bill 3 (HB3) was sponsored by State Rep. Rolanda Hollis, who emphasized that the legislation is all about protecting kids. According to the synopsis, existing law does not prohibit smoking or vaping in a motor vehicle when a child is present. The bill would prohibit smoking or vaping in a motor vehicle when a child under 14 years of age is present.

Hollis explained that the proposed law would apply whenever a child was in the car, whether the window was open or not, whether or not the vehicle was moving, and even if the door was open. Violation of this section is punishable by a fine not exceeding one hundred dollars ($100) for each violation.

Vaping Can Be Just As Dangerous As Smoking

Rep. Matt Simpson asked Hollis why marijuana was not included in the legislation. Hollis explained that marijuana is illegal and that it will be added if it becomes legal.

Hollis pointed out that there are 67 toxins found in cigarette smoke and that vaping can be just as dangerous. With vaping, we don’t know if there are illegal drugs in there or not. We don’t know if there is marijuana. We don’t know if there is fentanyl. Therefore, vaping should also be prohibited when a child is present in the vehicle.

Concerns About Police Pulling Over Motorists

Rep. Juandalynn Givan said that she was concerned that this legislation would give police more of an opportunity to pull over motorists just for holding a vape. However, 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.

The Effects of Second-Hand Smoke on Children

According to the National Center for Biotechnology Information of the National Institutes of Health (NIH), children are particularly at risk for the effects of second-hand smoke because their bodies are still growing, and they breathe at a faster rate than adults. A study revealed that second-hand smoke/passive smoking among children leads to acute respiratory illness in children, such as pneumonia, bronchitis, middle ear problems, cough, and wheeze.

The Next Step for House Bill 3

The legislation passed the House on an 84 to 15 vote. HB3 now goes to the Alabama Senate for their consideration. The Senate is where this legislation has gotten held up in previous sessions.

FAQs

• When will the proposed law take effect?
  If the bill is signed into law, it will take effect immediately.

• What is the fine for violating the proposed law?
  A violation of this section is punishable by a fine not exceeding one hundred dollars ($100) for each violation.

• Is it legal to smoke or vape in a vehicle when a child is not present?
  Yes, it is currently legal to smoke or vape in a vehicle when a child is not present.

• What is the purpose of the proposed law?
  The purpose of the proposed law is to protect children from the harmful effects of second-hand smoke.

• What are the effects of second-hand smoke on children?
  Children are particularly at risk for the effects of second-hand smoke because their bodies are still growing, and they breathe at a faster rate than adults. Second-hand smoke/passive smoking among children leads to acute respiratory illness in children, such as pneumonia, bronchitis, middle ear problems, cough, and wheeze.

Conclusion

The passing of House Bill 3 in the Alabama House of Representatives is a significant step in protecting children from the harmful effects of second-hand smoke. If the bill becomes law, it will prohibit smoking or vaping in a motor vehicle when a child under 14 years of age is present. Although some concerns have been raised about police pulling over motorists just for holding a vape, the proposed law specifies that a violation may only be investigated and charged as a secondary violation following the lawful stop of a motor vehicle based on probable cause of a separate violation of law. Overall, this legislation serves to promote the health and well-being of Alabama's children.