Delaware HB 118: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF SMOKING IN VEHICLES WHEN A MINOR IS IN THE VEHICLE.

Bill Text

Legislation Document 

 SPONSOR: 

 Sen. Sturgeon 

 DELAWARE STATE SENATE 

 152nd GENERAL ASSEMBLY 

 SENATE AMENDMENT NO. 1 

 TO 

 HOUSE BILL NO. 118 

 AMEND House Bill No. 118, as amended by House Amendment No. 1, on line 24 by deleting “ 
 18 
 ” and inserting in lieu thereof “ 
 16 
 ”. 

 FURTHER AMEND House Bill No. 118, as amended by House Amendment No. 1, by deleting lines 5 through 20 of House Amendment No. 1 in their entirety and inserting in lieu thereof the following: 

 “This chapter shall not apply 
 to: 

 to any of the following: 

 (1) Private homes, private 
 residences and 

 residences, or 
 private 
 automobiles; provided, however, it shall only apply 

 vehicles, except 
 when 
 such homes, residences or vehicles are 

 any of the following apply: 

 a. The home, residence, or vehicle is 
 being used for child care or day 
 care or when the 

 care. 

 b. The 
 private vehicle is being used for the public transportation of children or as part of health-care or day care 
 transportation; 

 transportation. 

 c. A passenger under 16 years of age is in the vehicle. 

 (2) Any indoor area where private social functions are being held when seating arrangements are under the control of the sponsor of the function and not the owner, operator, 
 manager 

 manager 
 , or person in charge of 
 such 

 the 
 indoor 
 area; 

 area. 

 (3) Limousines under private 
 hire; 

 hire, unless a passenger under 16 years of age is in the limousine. 

 (4) A hotel or motel room rented to 1 or more guests; provided that the total percentage of such hotel or motel rooms does not exceed 
 25%; 

 25%. 

 (5) Any 
 fund raising 

 fundraising 
 activity or function sponsored by a volunteer fire company, auxiliary of a fire company, or a volunteer ambulance or volunteer rescue 
 company; provided, however, that the fund raising 

 company, if the fundraising 
 activity or function takes place upon property owned or leased by the volunteer fire, 
 rescue 

 rescue, 
 or ambulance 
 company; and 

 company. 

 (6) Any 
 fund raising 

 fundraising 
 activity or function sponsored by a fraternal benefit society as defined 
 by 

 under 
 § 6201 of Title 
 18; provided, however, that the fund raising 

 18, if the fundraising 
 activity or function takes place upon property owned or leased by 
 said organization. 

 the fraternal benefit society. 
 ”. 

 SYNOPSIS 

 House Bill No. 118 prohibits smoking in a vehicle if a person is not the sole occupant of the vehicle and a person in the vehicle is under 18 years of age. This Amendment lowers that age to under 16 years. 

 This Amendment also rewrites House Amendment No. 1 to HB 118. Like HA 1 to HB 118, this Amendment revises the existing exceptions to the Clean Indoor Air Act under § 2904 of Title 16 so that these exceptions do not apply when a passenger in the vehicle is under the age when the restriction under § 2909 of Title 16 applies. In addition, this Amendment makes technical corrections to § 2904 to conform existing law to the standards of the Delaware Legislative Drafting Manual, including all of the following: 

 1. Uses standard language to introduce and explain the applicability of the paragraphs. 

 2. Corrects punctuation at the end of each paragraph and adds Oxford commas to lists within paragraphs. 

 3. Revises the exceptions under § 2904(1) into a list for clarity. 

 4. Corrects the spelling of the word “fundraising”. 

 Author: Senator Sturgeon