IMPACT Delaware Tobacco Prevention Coalition Action Alert- Call your State Senator TODAY Urge them not to support Senate Bill 197

Publication Date: 2004-03-12

Senate Democrats: 302-744-4286

Senate Republicans: 302-744-4048

Legislator List with Home Phone Numbers Attached

What is SB 197?

This Bill would allow facilities with liquor license who knowingly violate or are adjudged guilty of violating the Clean Indoor Air Act to avoid appearing before the Delaware Alcoholic Beverage Control Commission (DABCC).  Currently all facilities in violation of the Clean Indoor Air Act are charged with a civil penalty.  As a result of this violation, facilities with a liquor license are also likely to appear before the DABCC Commissioner for an additional fine and potentially the removal of their liquor license. SB 197 does not allow the DABCC to fine for the same offense that a facility has been fined for, by the Department of Health and Social Services, as a result the facility’s  liquor license could not be in jeopardy even if there are a series of fines and violations from the Department of Health and Social Services.   

Why the IMPACT Delaware Tobacco Prevention Coalition does not support SB 197?

• The Coalition does not support any attempts to weaken the Clean Indoor Air Act in any way.  The law has been in existence for over a year and is working. 
• The proposed law sends a message that it is acceptable for facilities with a  liquor license to break the law.  The license holder could sit a tip jar out for patrons to help pay the $100-$250 fine for the civil penalty.
• The proposed law sets a precedent for other laws to be circumvented.  The DABCC has been given authority to oversee facilities with a liquor license and this bill will take away their ability and authority to enforce law.  The proposed law is basically telling the DABCC while the State of Delaware gives you authority we will tell you which laws you can and cannot enforce. 
• According to the list of Clean Indoor Air Act violators (as identified by the Division of Public Health )  a majority of penalties have been assessed to facilities with a liquor license (51 of 53 violators).  The need to keep the law intact is even more important since these facilities seem to violate the law the most. 

CALL YOUR SENATOR AND ASK THEM NOT TO WEAKEN THE CLEAN INDOOR AIR ACT AND NOT SUPPORT SENATE BILL 197.