Delaware 2023-2024 Regular Session

Delaware House Bill HB118

Introduced
4/6/23  
Introduced
4/6/23  
Engrossed
5/11/23  
Refer
4/6/23  
Engrossed
5/11/23  
Enrolled
6/28/23  
Refer
5/11/23  
Enrolled
6/30/23  
Enrolled
6/28/23  
Passed
9/20/23  
Enrolled
6/30/23  

Caption

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.

Impact

If enacted, this bill will impose a prohibition on smoking in certain vehicles, effectively making it illegal for individuals to smoke if a child is present in the vehicle, regardless of whether the vehicle is in motion or stationary. This initiative reflects Delaware's commitment to public health and protecting vulnerable populations, particularly minors from the adverse effects of tobacco smoke. It will empower law enforcement to ensure compliance under this new statute, while also delineating enforcement parameters to respect individual rights within private vehicles.

Summary

House Bill 118 aims to amend Title 16 of the Delaware Code to prohibit smoking in vehicles when a minor, defined as someone under 16 years of age, is present. The bill responds to increased awareness of the harmful effects of secondhand smoke, particularly on children, including conditions such as respiratory infections and asthma. The concern addressed by this legislation is reinforced by guidance from the Centers for Disease Control and Prevention (CDC), which emphasizes the dangers of even brief exposure to secondhand smoke for young individuals.

Sentiment

The sentiment surrounding HB 118 appears to be generally positive among health advocates and legislators concerned with public health. Supporters praise the bill for its potential to improve health outcomes for youth and reduce the overall exposure to secondhand smoke. However, there may be some concerns regarding the enforcement mechanism and whether it infringes upon personal freedoms, particularly regarding the rights of vehicle occupants where minors are not directly endangered. The discussion around the bill has highlighted these contrasting views, underscoring the complexity of public health legislation.

Contention

Notable points of contention focus on the balance between public health priorities and personal liberties. Opponents may argue about the implications of government regulation in private settings, raising questions about where the line should be drawn regarding individual freedoms. The enforcement of this law presents another layer of contention, as the bill stipulates that police cannot stop or detain a vehicle solely for this violation, which may limit the effectiveness of the law. These discussions reflect broader societal debates on how best to ensure the welfare of children without overreaching into personal choice.

Companion Bills

No companion bills found.

Previously Filed As

DE HB51

An Act To Amend Title 21 Of The Delaware Code Relating To Inspection Of Fleet Vehicles.

DE HB388

An Act To Amend Title 16 Of The Delaware Code Relating To The Clean Indoor Air Act.

DE HB416

An Act To Amend Title 21 Of The Delaware Code Relating To Low-speed Vehicles.

DE HB164

An Act To Amend Titles 21 And 30 Of The Delaware Code Relating To Motor Vehicles.

DE HB111

An Act To Amend Title 21 Of The Delaware Code Relating To Registration Of Vehicles.

DE HB92

An Act To Amend Title 7 Of The Delaware Code Relating To Environmental Control By Repealing The Delaware Advanced Clean Car Program Under Regulation 1140 Of Title 7 Of The Delaware Administrative Code And Adopting The Delaware Low Emission Vehicle Program.

DE HB119

An Act To Amend Title 21 Of The Delaware Code Relating To Rules Of The Road.

DE HB281

An Act To Amend Title 29 Of The Delaware Code Relating To State Health Care Insurance.

DE HB409

An Act To Amend Title 21 Of The Delaware Code Relating To Unique Vehicles.

DE HB287

An Act To Amend Title 16 Of The Delaware Code Relating To Retired Law-enforcement Canines.

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