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Along with some bars, the bill exempts tobacco shops, hotels, nursing homes and home-based businesses with fewer than three employees.
Health board OKs rules for smoking ban
Jul 28, 2006
Rob Moritz The Arkansas Board of Health on Thursday approved rules to be used to enforce the statewide workplace smoking ban that went into effect last week. Approval came after one board member criticized the smoking ban and announced his resignation from the board. The anti-smoking law, approved in a special session in April, took effect July 21. It prohibits smoking in most public places, including restaurants. Exemptions are allowed for outdoor smoking areas and for businesses where no one under 21 is admitted. The new rules will take effect sometime between Aug. 7 and Aug. 15, Robert Brech, attorney for the state Department of Health and Human Services, told the Board of Health on Thursday. Violators of the smoking ban face possible misdemeanor criminal penalties and civil fines of up to $1,000 under the rules. However, establishments will not be investigated for violating the new law until the Division of Health has received at least three complaints about the business. Before the board voted to approve the regulations, board member Larry Fritchman of Little Rock questioned the need for the rules and for the new law, saying there wasn't enough scientific evidence to justify the smoking ban. "There are enough questions that are unanswered to make me wonder why we need regulations banning secondhand smoke," Fritchman said. "I truly believe that we are wrong to micromanage (smoker's) lives." After his comments, Fritchman announced he was resigning from the board. He attributed his decision to supposed changes in state law which making those who serve on state boards and commissions state employees, and to concerns over a recent U.S. Supreme Court decision. The high court ruled in June that the Constitution does not always protect the free-speech rights of public employees. Fritchman said he no longer felt comfortable speaking his mind during public meetings. But Tim Leathers, deputy director of the Arkansas Department of Finance and Administration, said no such change in state law occurred. Leathers said members of state boards and commissions are being treated as state employees for accounting purposes and to meet Internal Revenue Service rules. Leathers said DF&A, to meet the IRS rules and other federal accounting standards, began taking taxes out of the per diem checks received by board and commission members. Because the board and commission members are receiving state checks, they are counted as state employees. "No laws have been changed," Leathers said. "This is only being done for accounting purposes." Dr. John O. Agwunobi, assistant secretary for health with the U.S. Department of Health and Human Services, was in attendance at Thursday's morning and told board members that there is "overwhelming" evidence to support the dangers of secondhand smoke. He said U.S. Surgeon General Richard H. Carmona recently released a lengthy study on the subject. Read
Smoking ban stirs debate July 16, 2006
Ashley Gardner On July 21, Texarkana, Ark., will snuff out smoking in most public places along with the rest of the state in accordance with the Arkansas Clean Indoor Air Act. Many local government officials, restaurant owners and residents say it’s a healthy move for Arkansas. Others who oppose the act say it’s a case of government intrusion. “The fact of the matter is ... on July 21 in the State of Arkansas there will be a great change regarding the work place and instances where smoking will no longer be allowed,” said Texarkana, Ark. Mayor Horace Shipp. “It will have an impact in Texarkana just like it will in every community across Arkansas. I feel the changes will be minimal as far as the ultimate impact and our ability to adapt to them.” People who don’t follow the law may feel it in their pocketbooks. The Arkansas State Board of Health can assess civil penalties up to $1,000 per violation. A separate piece of legislation also makes it illegal for a person to smoke in their vehicle if they have either a child under six or a child safety restraint seat in their car. That law will also go into effect on July 21, according to Julie Munsell, spokesperson for the Arkansas Department of Health and Human Services. “There will be an adjustment period we’ll all go through, but whether you oppose the ban or support the ban as far as property rights are concerned, everyone agrees from a health standpoint we’ll all be better off,” Shipp said. As for the Arkansas Legislature overstepped its bounds, Shipp believes when it comes to public health sometimes government regulation is necessary. “I don’t believe in anymore government intervention than is absolutely necessary, but when it’s a matter of public safety and public health there are probably some cases in the interest of overall public health where some directions from higher authority are probably appropriate,” Shipp said. State Rep. Ken Cowling, D-Foreman, did not vote for the bill even though he’s in favor of banning smoking from public places like restaurants.
State Rep. Ken Cowling, D-Foreman, did not vote for the bill even though he’s in favor of banning smoking from public places like restaurants.
“I voted against the bill. It’s not that I’m against smoke-free environments in eating places, I had some problems with the mandating to private ownership businesses that you couldn’t smoke in your buildings,” Cowling said. “I just think that’s an intrusion where the government shouldn’t have gone.” The Clean Indoor Air Act exempts businesses with three or less employees but not if those businesses are open to the public. “The way the law reads, there is no smoking in a place where there’s public use. There is an exemption for those businesses with three or less employees ... but not if the general public comes into that building,” Cowling explained. They still can’t smoke. That’s the problem I had with the legislation.” Cowling says when the general public understands the ins and outs of the Clean Air Act, there will be an influx of complaints. “I don’t think folks understand yet what the bill says. I anticipate when it goes into effect, you’ll see more complaints from the general public,” he said. As much as Cowling, a former smoker himself, disagrees with all the stipulations of the Clean Air Act, he has supported other bills which banned smoking. “I personally smoked for 30 years and I’ve quit myself. I’m in favor of it,” he said. “The dangers of second hand smoke are well documented.” Restaurant owners have mixed feelings about the legislation. “I think it should be left up to the individual,” said Carol Rodenroth, a non-smoker and co-owner of Sue & Carols restaurant located at 938 N. State Line. “Are you going to let me go to lunch and tell me I can’t have gravy ... I think it’s a persons right to choose whether you do or you don’t.” Sue Hall, Rodenroth’s mother and business partner, is more outspoken on the subject. “I think it’s the pits myself. It’s taken all the freedom we’ve got in the United States away from us,” said Hall, who is a smoker. “They talk about it being a free country but we’re not living in a free country because they are taking it away from us. I don’t think it’s fair.” Hall said all the controversy makes her want to close her business. “I’ve got people who like to come in there, sit down, have coffee and a cigarette and enjoy themselves. They are not going to be able to do that, she said.” Hall said she didn’t hear much about the smoking ordinance until it was already passed. “They kept talking about it, but we didn’t think they’d pass it in Arkansas. We didn’t figure it would ever happen,” she said. “I just feel like they are taking our rights away from us. What is going to be next? “Eventually, it will get to where they’ll say you can’t do something in your own homes,” Hall said. Jessie Feeback, a bartender at Nelly’s on Genoa Road in Texarkana, Ark., doesn’t think the smoking ban will affect the restaurant’s business that much. Nelly’s has an open area outside where people will still be able to smoke. The establishment has always had a non-smoking policy for inside, Feeback said. The Clean Air Act allows smoking in the outdoor areas of any business except for health care facilities, schools and daycare campuses. Businesses which do not employ or serve people under 21 will also be able to apply for an exemption. One person in particular says the smoking ban is the right thing for public health. “The law is to protect the public and ... if a business is open to the public, especially anyone under the age of 21, then they need to be responsible for the underage public,” said Cynthia White, director of the Miller County Health Unit. “I do not feel it’s an intrusion on a business’ rights if they are a public business. It’s a proven medical and scientific fact that second-hand smoke is detrimental to your health. As stewards of public health, it is our responsibility to make this state as healthy as it can be. “It’s our responsibility as adults to protect the younger ones who can’t protect themselves,” White said. Read
First The Ban, Then The Rules 7/6/2006
Robert Bell The rules governing Arkansas' workplace smoking ban won't be approved until nearly a week after the prohibition becomes law on July 21st. State health officer and director of health Paul Halverson says the board is to vote on July 27th on the rules. Several lawmakers say they are concerned that the state's smoking ban will hurt businesses, particularly with its regulation that any business that allows anyone under the age of 21 must comply with the law. Halverson says state health officials will still take complaints of businesses that are in violation of the law. Criminal penalties for the ban will be effect July 21st. However, Halverson says the agency will first work with businesses to make sure they understand the rule change. Read
Lawmakers Critique Smoking Ban Rules July 6, 2006
Aaron Sadler LITTLE ROCK — A legislative panel completed its review of rules governing a statewide ban on smoking in the workplace Thursday, but not before criticizing some restrictions in the proposed guidelines. The anti-smoking law, approved in an April special session, takes effect July 21. It prohibits smoking in most public places, including restaurants. Exemptions are allowed for outdoor smoking areas and for businesses where no one under 21 is admitted. Members of the Administrative Rules and Regulations Subcommittee of the Arkansas Legislative Council said Thursday that the rules may need more work. State Rep. David Dunn, D-Forrest City, said he wasn’t sure whether his colleagues or the general public understood all the nuances of the Department of Health and Human Services’ proposed rules. The fact that the Department of Health and Human Services did not plan to hire any additional employees to enforce regulations relating to the new Clean Indoor Air Act of 2006 is “a joke,” Dunn said. “I just think we are realizing right now what a difficult bill we have passed in this House and how it’s going to be difficult to enforce,” Dunn said. “How are we going to go out there and enforce this bill where half of this committee right now don’t understand the rules and regulations?” Dr. Paul Halverson, state public health director, said the state Division of Health has launched a broad public relations blitz to inform business owners and Arkansans of the new law. In addition, he said state officials want to educate people as much as possible on the new law before issuing citations. Violators of the smoking ban face possible misdemeanor criminal penalties and civil fines of up to $1,000. Health Department guidelines provided to legislators Thursday show that the division will not investigate an establishment that could be in violation of the smoking ban until the Division of Health has received at least three complaints about the business. The public relations campaign involves letters and brochures sent to businesses, as well as a Web site and toll-free number — (800) 235-0002 — for people with questions about the smoking ban. One question that arose from Thursday’s hearing was the type of area that qualified as one that would not be “enclosed” and exempt under the ban. The proposed rules state that smoking is allowed in areas where at least half of a prominent wall is open. Sen. Dave Bisbee, D-Rogers, said that regulation may be difficult to interpret. He suggested changing the rule to say a specific percentage of an area must be open to qualify. Halverson said the division is offering a free plan review service for businesses unsure of whether an area would be considered “outdoor.” “We want to be flexible with people, but on the other hand we don’t want to create loopholes to try to go through,” Halverson said. Other workplaces that may be exempt from the rule are those with fewer than three employees, tobacco stores, designated hotel/motel smoking rooms and long-term care facilities. Restaurants and bars that expect to be exempt from the ban must display a sign prohibiting anyone under 21 from entering. Rep. J.R. Rogers, D-Walnut Ridge, questioned whether those under 21 could enter such businesses with cleaning crews or during special events. Specifically, he said he wondered how the exemption would apply to American Legion groups. Halverson said his interpretation of the law and proposed rules was that no one under 21 could enter, even to clean, if the establishment was exempt from the anti-smoking bill. “It’s a pretty wide stretching (to say) someone’s going to catch cancer because they came in on Sunday while the place was closed to clean the floor,” Rogers said. Halverson responded, “I think the issue, though, is where do you draw the line? It becomes very difficult in terms of defining when the nonbusiness hours will be and so forth and so on.” Halverson said the state Board of Health is expected to adopt the rules July 27. Read
Veterans Group Concerned About Smoking Ban
July 03, 2006 Hot Springs, AR - Arkansas veterans of past wars say soldiers fighting in Iraq may be kept away from gatherings back home with others who share that background by the state's new smoking ban. That could also keep them from learning how to take advantage of their government benefits. The new state law bans smoking in workplaces and takes effect July 21st. It exempts certain establishments, including bars that don't allow anyone under the age of 21 on the premises. With an exemption, many military service organizations could allow smoking but would have to post a sign saying anyone under 21 would not be allowed in. Bill Hill of the V-F-W Post 2278 in Hot Springs says many of the soldiers in Iraq are in that age group and they've got no place to go when they come home. He says the group is having a hard time accepting the possibility of turning them away. He said a smoking ban also would hurt the group's community work, since the Boy Scouts, for instance, could not come to the post for activities there. Read
City not hot and bothered by ban on smoking
April 11, 2006 AARON BRAND Local restaurateurs who could feel the major business impact from a statewide smoking ban in Arkansas are greeting the new law with mixed reactions. “It sounds like there is some flexibility. It’s not just a hard ban,” he said, adding that he’s concerned about what may happen at establishments that combine a restaurant with a bar. Fines for breaking the law will be between $100 and $500. Read More
Arkansas Bans Smoking in Most Public Spots Apr 7, 2006 LITTLE ROCK, Ark. (AP) -- Gov. Mike Huckabee, a champion of healthy living, signed into law Friday a ban on smoking in most indoor public places. "There's probably some crying towels being passed out in the tobacco industry today," joked the governor, who has lost 100 pounds and exercises regularly. The law exempts hotels and motels with fewer than 25 rooms, tobacco shops, nursing homes and home-based businesses with fewer than three employees. Also, it would not affect some bars. Violators can be fined $100 to $500.
Legislators also sent the governor a bill to ban smoking in cars with children inside, but he had yet to sign it late Friday. The legislation would ban smoking in vehicles when there is a child present who is younger than 6 or weighs less than 60 pounds and is restrained in a car seat. The sponsor, Democrat state Rep. Bob Mathis, said, "It galls me to no end to see people smoking in the car with the windows up and that poor little child in there can't do anything about it." Mathis said he knew of no other states with a similar ban. Huckabee seemed inclined to sign it. "The more people we can protect from secondhand smoke, the better," Huckabee said. "I think it's a great bill. I'm delighted."
Ark. House approves amended version of smoking ban proposal April 6, 2006
ANDREW DeMILLO LITTLE ROCK - A House panel on Thursday unanimously endorsed an amended version of a bill that would ban workplace smoking but would now exempt small hotels and motels from the prohibition. The House Rules Committee recommended passage of the ban with the amendment that was approved by House members Thursday morning. Rep. Sid Rosenbaum, R-Little Rock, a sponsor of the ban, said he agreed with the amendment though he earlier had called it a threat to the bill's passage. "This is a change we can live with," Rosenbaum said. "After looking at it we saw this was something that would help smaller businesses." Rosenbaum said he was hopeful the House could suspend rules and vote on the revised ban Thursday afternoon. The Senate would also have to approve the amended version for final approval. Sen. Paul Miller, D-Melbourne, a Senate sponsor of the ban, told the panel he was concerned that any further amendment could jeopardize the bill during the special session. "If we delay this one day, it's dead in the water," Miller told the committee. The committee also recommended passage of a bill to ban smoking in cars while a child is in a car seat. Rep. Bob Mathis, D-Hot Springs, who introduced the proposal, said the prohibition would help protect children from second-hand smoke. "This could be a legacy for us to help some kids," Mathis said. "Maybe we can do something to help our children." The committee had been scheduled to discuss a proposal to ban the sale, manufacture and transport of tobacco in the state. Rep. Randy Rankin, D-Eudora, who introduced the bill on Wednesday, asked that the committee not consider the proposal. Rankin said he filed the bill as a statement in protest of the smoking ban. "If cigarettes are causing such a problem, then let's ban cigarettes," he said. The ban on workplace smoking would not affect some bars, and the bill exempts tobacco shops, hotels, nursing homes and home-based businesses with fewer than three employees. Violators would be fined $100-$500, under the bill. The ban has won plenty of support in both houses, but it is opposed by the Arkansas Hospitality Association and some small businesses.
Senate approves smoking ban
By JILL ZEMAN
Wednesday, April 5, 2006 4:47 AM CDT LITTLE ROCK - Smoking would be banned in most indoor workplaces statewide under a measure approved Tuesday by the state Senate. The bill, approved by a 30-4 vote, would ban smoking in all indoor public spaces, except bars that prohibit anyone younger than 21 from entering.
"We're on our way to having a state that's smoke-free," said Sen. Tracy Steele, who co-sponsored the bill. "This gives workers an opportunity to go to work and breathe clean air."
Along with some bars, the bill exempts tobacco shops, hotels, nursing homes and home-based businesses with fewer than three employees.
Hotels and motels would not be able to designate more than 20 percent of their rooms as smoking. Also, smoking would be banned in government vehicles, such as Arkansas State Police patrol cars. Violators would be fined $100-$500, under the bill. The Senate Public Health, Welfare and Labor Committee recommended the measure earlier Tuesday. During the full Senate debate, Sen. Ruth Whitaker, R-Cedarville, said she strongly opposed the measure. "My problem is not with the dangers of secondhand smoke _ it's the infringement on personal property rights," she said. "If you pass this, which is taking away personal property rights, what next will be coming down the pipe?" As the bill went to the Senate, Gov. Mike Huckabee said he was pleased the committee passed it. "It's a good sign of people keeping their word and doing what they said," he said. "The single most important thing it represents is that people are listening to their constituents and they're also representing the best interests of their constituents in terms of their health and their pocketbooks." In committee, Sens. Bob Johnson, D-Bigelow, and Steve Faris, D-Malvern, voiced opposition to the measure. Immediately afterward, about 65 people rallied at the state Capitol in support of the ban. "This is a public health issue and we need to deal with it at the statewide level," said Little Rock Mayor Jim Dailey, who has pushed for a citywide public-space smoking ban. But others opposed the ban, saying it would infringe upon the rights of private business owners. The Arkansas Licensed Beverage Association, the Arkansas Hospitality Association, the National Federation of Independent Business and other small business owners objected to the proposed ban. "I hope our state legislators see this for exactly what it is _ an attempt by government to dictate the marketplace with unneeded regulations on small business owners in Arkansas," said Dee Fizer, owner of Fizer Truck and Tractor in Little Rock. ReadSenate passes smoking ban Apr 5, 2006 By Wesley Brown and Doug Thompson LITTLE ROCK - Legislation to ban smoking in indoor workplaces statewide breezed through the Senate on Tuesday Read
Arkansas Senate approves smoking ban
LITTLE ROCK, Ark. --- The state Senate approved a bill to ban smoking in most indoor workplaces statewide. The vote on Tuesday was 30-4. The bill would ban smoking in all indoor public spaces, except bars that prohibit anyone younger than 21 from entering. Sen. Tracy Steele, who co-sponsored the bill, said Arkansas is on its way to having a state that's smoke-free. He said his measure will give workers an opportunity to go to work and breathe clean air. Along with some bars, the bill exempts tobacco shops, hotels, nursing homes and home-based businesses with fewer than three employees. Hotels and motels would not be able to designate more than 20 percent of their rooms as smoking. Also, smoking would be banned in government vehicles, such as Arkansas State Police patrol cars. Violators could be fined $100 to $500. Read
An observation on the Arkansas vote by one long term commentator on smoking issues, Robert Wagner:
Nobody thought Arkansas would go smokefree. It wouldn't have passed under ordinary conditions. Antismokers introduced it during a special session, when legislators were so eager to go home, they approved everything without debate. The bill was introduced Wednesday, 4/05/06. Amendments were added the morning of Thursday, 4/06, when the House committee first considered it. It passed the
full House on 4/06, the Senate on 4/07 and was signed by the Governor on 4/07. Less than two days elapsed, start to finish. During the same two days, the legislature passed a minimum wage increase and considered, but did not pass, a bill to legalize immigrants. A little noticed provision of the bill bans smoking in vehicles that carry children in car seats. Even the legislator who introduced the amendment didn't expect it to pass. Other House members thought it was a joke. The bill so quickly passed and became lawy, that amendment sailed through unchallenged. I believe Arkansas is the first State that bans smoking with children in the vehicle. Robert Wagner April 9, 2006 Read
Contact the Governor's Office about this proposal
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Huckabee Eyes A Statewide Workplace Smoking Ban December 25, 2005 Approaching his last full year in office, Governor Huckabee already has a long wish list for 2006. His plans include a statewide ban on workplace smoking, the possibility of more school consolidation and efforts to better track the spending of the state's 254 school districts. The only thing Huckabee is lacking is a legislative session to enact these changes. Huckabee told the Associated Press in an interview recently that his goals for next year are more administrative than legislative. Huckabee said he has some unfinished business, but he's reluctant to use a special session to pursue those goals. But that may change, now that the state Supreme Court has said the state is still under-funding its schools, and has set a deadline of December First next year to fix the problem. |
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