Bill would overturn bar, casino smoking ban

Randall Chase

Thursday, June 13, 2002 | 9:29 a.m.

DOVER, Del. -- Less than two weeks after Gov. Ruth Ann Minner signed one of the toughest anti-smoking measures in the nation, a legislator introduced a bill Wednesday to water down the new law.

The bill, introduced by Rep. Bobby Quillen, R-Harrington, would exempt casinos, bars and racetracks from a statewide ban on indoor smoking set to take effect in November.

"I've got some taverns in my district who are really upset about it," Quillen, whose district also includes Midway Slots, said.

Casino industry officials have said the smoking ban could cost the state's general fund as much as $57 million annually in casino revenue.

State revenue forecasters plan to release their formal estimate of the smoking ban's financial impact on Monday.

State Auditor Thomas Wagner Jr. released a report this month noting that gambling is Delaware's fourth-largest source of revenue, and that slot machines at the state's three casinos generate about $200 million annually for the general fund.

More than $150 million of that money comes from the machines in smoking areas of casinos.

Minner said she expected some lawmakers to try to overturn the smoking ban for casinos and bars, but that she was surprised by Quillen's timing.

"I don't think there will be enough support for it," she said.

Denis McGlynn, president and chief executive officer of Dover Downs Gaming and Entertainment, said he was encouraged by the fact that the bill has eight sponsors in addition to Quillen.

"I think there's broad support for this," he said. "I feel encouraged that people are going to try to fix what we have been trying to convince everybody is broken."

Minner did not flatly promise a veto the bill if it made it to her desk, saying she expects it to be amended at some point.

"I would have to see what it is," she said.

Sen. David McBride, sponsor of the smoking ban signed into law by Minner last month, described Quillen's bill as "ill-founded."

Hours before Quillen introduced his bill from the House floor, Senate President Pro Tem Tom Sharp predicted that the General Assembly would revisit the smoking bill in the near future.

"I think it's a good piece of legislation," Sharp said in a speech at the state Chamber of Commerce luncheon. "I think it was a better piece of legislation when it came from the Senate to the House."

The original Senate-approved measure exempted bars and casinos. The House removed those exemptions and sent the bill back to the Senate, where lawmakers rejected amendments to restore exemptions for bars and casinos.

The new law prohibits smoking in bars, restaurants, hotel lobbies and other workplaces. Hotels must set aside at least 75 percent of rooms as nonsmoking. Events at fire halls and fraternal clubs such as the Elk and Moose will be the only public gatherings exempt from the indoor smoking restrictions.

"We would really like to give the bill a chance to see how it works before we start adding amendments to weaken it," Deb Brown of the American Lung Association said.