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Smoking ban legislation clears final hurdle, headed for House floor vote Thursday, Apr 6, 2006 By Wesley Brown Arkansas News Bureau LITTLE ROCK - Legislation that would ban indoor smoking at most public places in Arkansas headed to the House floor Wednesday after a legislative panel backed the measure brought to the special session by Gov. Mike Huckabee. If approved by the full House and signed into law, Senate Bill 19 "will have the intent of making all public places and businesses smokefree, except for a few narrow exceptions," Dr. Joe Thompson, the state chief medical officer, told the House Rules committee Wednesday. The bill by Sen. Tracy Steele, D-North Little Rock, passed the Senate on Tuesday. The House committee approved it on a voice vote Wednesday. "I truly believe this a bill that will save lives," said Rep. Sid Rosenbaum, R-Little Rock, one of three House sponsors. Rep. Nathan George, D-Dardanelle, also a sponsor, said he actively fought against a statewide smoking ban in the previous legislative sessions but had a change of heart in recent months. "I thought it was a great infringement on private property rights and I stuck with that argument without hesitation," said George, a teacher and farmer. He said fellow teachers, coaches and students chastised him for a stance on smoking that they said was inconsistent with his views about protecting children from drugs and alcohol. His teenage daughter eventually persuaded him to change his mind, he said. "She was my hardest critic," George said. "She used a word that broke my heart - 'hypocrite.'" Thompson testified that the smoking ban would not infringe on an individual's right to smoke but would improve public health. Opponents of the bill said studies showing significant health improvements from banning smoking were flawed. Montine McNulty, executive director of the Arkansas Hospitality Association, warned lawmakers that many small businesses in Arkansas would lose money and could go out business if a workplace smoking ban is enacted. "We are her to ask you to let business owners determine their own smoking policy," McNulty said. Some business owners testified that a smoking ban would cause them to spend more money to comply with new regulations. "I feel this legislation is manipulating people's lives - I just ask you to pause," said Preston Robinson, president of Jacksonville-based Triangle Engineering of Arkansas Inc., which makes belt-driven industrial fans. Robinson said a smoking ban he imposed at his plant resulted in a loss of productivity. In the House committee, only Rep. Wayne Nichols, D-Marked Tree, and Rep. Bob Mathis, D-Hot Springs, voted against the measure. The ban would cover all indoor workplaces except for private homes not used for day care or any health care activity, designated hotel "smoking rooms" and small businesses with fewer than three employees. Also, businesses that sell tobacco products and gaming floors at Oaklawn Park thoroughbred track in Hot Springs and Southland Greyhound Park in West Memphis won't be affected by the new regulations. All state-licensed restaurants and bars that have employees and cater to customers over 21 years old also are exempt from the new regulations if secondhand smoke does not filter into areas where smoking is banned. If SB 19 is approved, local communities in Arkansas can also pass stricter anti-smoking laws but cannot adopt regulations that are less stringent than the statewide ban. Currently, Fayetteville, Highfill, Fairfield Bay and El Dorado have passed local smoking bans. Eighteen other states have passed legislation similar to the bill now before the Legislature, Thompson said. Huckabee spent nearly an hour defending and promoting the smoking ban on his monthly statewide radio call-in show Wednesday. He engaged in several heated discussions with callers who protested the legislation. One angry called told Huckabee that the government was getting into people's private lives. "This legislative session makes me sick to my stomach," the caller said. "There are people who have peanut allergies. Are y'all going to pass some kind of anti-peanut law that infringes on personal property rights." Cutting the caller off, Huckabee told man to calm down. "Maybe you should take up smoking," the governor joked. After several minutes of animated conversation, Huckabee ended the call after telling the man that nonsmokers, workers and children had a right not to breathe dangerous secondhand smoke. |
