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State health department to set smoking-ban guidelines
Wednesday, Apr 12, 2006

By Aaron Sadler
Arkansas News Bureau

LITTLE ROCK - Enforcers of a statewide smoking ban face a few more weeks of work before they can officially put an end to lighting up in Arkansas workplaces, officials said Tuesday.

The Clean Indoor Air Act of 2006, signed into law last week, won't take effect until July.

In the meantime, officials at the Department of Health and Human Services are developing rules to regulate enforcement of the smoking ban. Also, anti-smoking advocates are planning a public awareness campaign about the law, which prohibits smoking in most workplaces, including restaurants.

"We're not going to abandon this ship," said Kevin Dedner of the American Cancer Society. "We believe the real work starts now in educating the public about the law. We'll use our credibility and our name to try to educate the public."

DHHS Spokeswoman Julie Munsell said the smoking ban, Act 8 of the First Extraordinary Session of the 85th General Assembly, takes effect 60 days after the special session ends. Lawmakers are expected to adjourn the session on May 1.

The law orders DHHS to implement rules related to enforcing the ban. The state Board of Health must adopt the rules.

The law provides for fines of between $100 and $500 for anyone who violates the smoking ban, and it gives the Division of Health authority to visit workplaces to ensure compliance with the act.

Munsell said proposed rules will determine whether a business must immediately comply with the act, or whether workplaces will be given a time period to phase out indoor smoking areas. The rules will also address other issues, such as how the division fields complaints or how it will assess penalties to violators, she said.

"We're actually in the planning process," of developing rules, Munsell said. "They're just beginning to determine how (enforcement) will be carried out and implemented into the regulation process."

The law prohibits smoking in nearly all workplaces, with exceptions for establishments that do not allow patrons younger than 21; retail tobacco stores; gaming floors of operations regulated by the Arkansas Racing Commission; designated smoking rooms in hotels; and workplaces with fewer than three employees.

Another act from the special session outlaws smoking by adults in an automobile with children who are 6 or younger or less than 60 pounds.

Dedner said he does not think the Division of Health will have much of a need to cite violators of the workplace smoking ban.

"We find people are really good law-abiding citizens," Dedner said. "Across the country, there's not been this uprising of people violating the law. There will be limited cases of violations, but I think the citizenry will register appropriate complaints."

Munsell said Department of Health inspectors who commonly visit restaurants must be trained to add smoking-ban enforcement to their duties.

Workplaces that fall under the act are not allowed to have ash trays on site and they must display "no smoking" signs, according to the law.

Munsell said the state is working with the American Cancer Society and 25 other organizations to help make the public aware of the new law.

Dedner said the cancer society was instrumental in making the public aware of local restaurant smoking bans in Pine Bluff and Fayetteville. The group will use its experience to spread the word about the statewide ban, and it may even sponsor mass mailings to businesses, he said.

Some businesses have already decided to restrict smoking in expectation of the law taking effect.

"Business owners know this is going to go into effect," Dedner said. "People don't wait until it does. People go ahead and make those adjustments."

The anti-smoking bill was a major component of Huckabee's legislative package for last week's special session.

With the new law, Arkansas becomes the 17th state to enact a workplace smoking ban.

Dedner said about 2,000 municipalities across the country have similar ordinances.









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