Delaware 150th General Assembly (2019-2020) Status: Enacted 11 D cosponsors

SB 25 — AN ACT TO AMEND TITLE 11, TITLE 16, AND TITLE 30 OF THE DELAWARE CODE RELATING TO DELIVERY AND SALES OF TOBACCO PRODUCTS.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 19, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 20 sponsors

    5 primary, 15 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (11 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This Act restricts access to tobacco products and tobacco substitutes to individuals under age 21 by doing all of the following: 1. Prohibits sales of tobacco products or tobacco substitutes to individuals who are under 21. 2. Imposes a civil penalty for sales to individuals between the ages of 18 and 21. 3. Repeals the ability of a parent or guardian to purchase tobacco products or tobacco substitutes for a minor. 4. Revises the framework by which an employer may use an affirmative defense to the improper sale of tobacco products or tobacco substitutes, aligning the affirmative defense with the minimum age increase. 5. Adopts best practices for enforcement measures by modifying the prohibition against the purchase of tobacco products by minors. 6. Prohibits individuals under age 21 from entering vapor establishments. This Substitute Bill differs from Senate Bill No. 25 as follows: 1. Revises the definitions of "tobacco product" and tobacco substitute" for clarity and makes corresponding changes to related statutes. 2. Allows employees under age 21 who are employed by a vapor establishment on the effective date of this Act to continue working at the vapor establishment if the vapor establishment provides the required documentation to the Division of Alcohol and Tobacco Enforcement. 3. Makes this Act effective 90 days after enactment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 25 YES 16 NO

  3. Amendment HA 3 to SS 1 - Defeated In House by Voice Vote

  4. Amendment HA 2 to SS 1 - Stricken in House

  5. Amendment HA 1 to SS 1 - Defeated In House by Voice Vote

  6. Amendment HA 3 to SS 1 - Introduced and Placed With Bill

  7. Amendment HA 2 to SS 1 - Introduced and Placed With Bill

  8. Amendment HA 1 to SS 1 - Introduced and Placed With Bill

  9. Reported Out of Committee (Appropriations) in House with 2 Favorable, 3 On Its Merits, 1 Unfavorable

  10. Assigned to Appropriations Committee in House

  11. Reported Out of Committee (Health & Human Development) in House with 4 Favorable, 5 On Its Merits

  12. Assigned to Health & Human Development Committee in House

  13. Passed By Senate. Votes: 14 YES 6 NO 1 ABSENT

  14. was introduced and adopted in lieu of SB 25

Sponsors

Sponsorship breakdown

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5 sponsors · 15 co-sponsors · 42 not signed on · 22 voted No

Sponsors (5)

Co-sponsors (15)

Not signed on (42)

42 members have not signed on to this bill.

Show all 42 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 25 Yea · 16 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14300
Democratic 11100
Republican 01200
Total 251600
% of votes cast 61%39%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Nay
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Raymond Seigfried — Yea
Ruth Briggs King — Nay
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Nay
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Nay
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Nay
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Nay
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay

Official roll call →

SM

Passed 14 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democratic 9000
Republican 0401
Total 14601
% of votes cast 67%29%0%5%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Nay
Catherine Cloutier — Yea
Colin Bonini — Nay
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Not Voting
David L. Wilson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

Subjects

public-safety health-insurance
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Frequently asked questions

What does SB 25 do?
This Act restricts access to tobacco products and tobacco substitutes to individuals under age 21 by doing all of the following: 1. Prohibits sales of tobacco products or tobacco substitutes to individuals who are under 21. 2. Imposes a civil penalty for sales to individuals between the ages of 18 and 21. 3. Repeals the ability of a parent or guardian to purchase tobacco products or tobacco substitutes for a minor. 4. Revises the framework by which an employer may use an affirmative defense to the improper sale of tobacco products or tobacco substitutes, aligning the affirmative defense with the minimum age increase. 5. Adopts best practices for enforcement measures by modifying the prohibition against the purchase of tobacco products by minors. 6. Prohibits individuals under age 21 from entering vapor establishments. This Substitute Bill differs from Senate Bill No. 25 as follows: 1. Revises the definitions of "tobacco product" and tobacco substitute" for clarity and makes corresponding changes to related statutes. 2. Allows employees under age 21 who are employed by a vapor establishment on the effective date of this Act to continue working at the vapor establishment if the vapor establishment provides the required documentation to the Division of Alcohol and Tobacco Enforcement. 3. Makes this Act effective 90 days after enactment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors SB 25?
SB 25 is sponsored by Bryan Townsend (Democratic), Melissa Minor-Brown (Democratic), Krista Griffith (Democratic), Stephanie L. Hansen (Democratic), S. Elizabeth Lockman (Democratic), Nicole Poore (Democratic), Stephanie T. Bolden (Democratic), Nnamdi O. Chukwuocha (Democratic), Debra Heffernan (Democratic), Kendra Johnson (Democratic), Ray Seigfried (Democratic), Quinton Johnson, Earl G. Jaques Jr., Sherry Dorsey Walker, Gerald L. Brady, David Bentz, Paul S. Baumbach, Catherine Cloutier, Valerie Longhurst, and Anthony Delcollo.
What is the current status of SB 25?
This bill has been enacted into law. Introduced March 19, 2019. Enacted.
Where can I track SB 25?
Track SB 25 free on One Click Politics — get push/email alerts when it moves.

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