The Alabama House of Representatives moved forward Tuesday with legislation that would make it illegal to smoke or vape in a car where a child under the age of 14 is present. It will now head to the Senate for further approval. 

HB3, proposed by Rep. Rolanda Hollis (D-Birmingham), would make it a secondary offense under Alabama law, carrying the penalty of up to a $100 fine per violation.

“It’s been several years since I’ve worked on this bill,” Hollis said. “Basically, what we’re doing is trying to save the kids.” 

Legislation to ban smoking in a car with children was first presented by Hollis in 2018, but did not include a prohibition on vaping specifically. A 2020 version of the bill, which ultimately failed to pass in Senate committee, included vaping as a targeted tobacco product.

“It’s different, but it can still have an effect,” Hollis said about the distinction between cigarettes and vaping. “Smoke is smoke.”

The bill specifically outlines the law as a secondary offense. 

“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 bill says.

Grayson Everett is a staff writer for Yellowhammer News. Follow him on Twitter @Grayson270 for coverage of the 2023 Legislative Session.