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Legislative panel reviews smoking ban regulations Wednesday, Jun 7, 2006 By Aaron Sadler Arkansas News Bureau LITTLE ROCK - Lawmakers troubled by proposed regulations regarding a workplace smoking ban said Tuesday that business owners need a bit more clarification and much more education before the anti-smoking law takes effect July 21. Members of the House and Senate Public Health, Welfare and Labor committees spent more than an hour questioning state health officials about the regulations before endorsing the set of rules. The regulations are the Department of Health and Human Services enforcement mechanism for the Clean Indoor Air Act of 2006. The act, approved during an April special session, prohibits smoking in nearly all public places. The regulations created by the state Board of Health set out exactly where smoking will be banned, lists specific exemptions from the ban and provides for a penalty of up to $1,000 for violators. Several legislators said constituents had not been provided enough information about the regulations. Health officials said a broad public education campaign is scheduled to later this month, with television advertisements and a Web site launch. The state will also produce "kits" for businesses to explain the act, they said. "I am finding in my district, and I would assume throughout the state, that even with all the publicity, people aren't aware of this," said Sen. Tracy Steele, D-North Little Rock, a co-sponsor of the legislation. "When they're going to be asked on July 21 to put out their cigarettes in restaurants and coffee shops, the first call they're going to make is to their legislator." Establishments that do not admit workers or patrons that are under 21 are exempt from the law, as are businesses with three or fewer employees. Hotels and motels with more than 25 guest rooms must not designate more than 20 percent of guest rooms as "smoking" rooms. The regulations require exempt workplaces to notify DHHS of their intent to claim an exemption. Restaurant and bar owners who are exempt must also prominently display a "Health Warning" sign that designates the business as a smoking area and says that no one under 21 can enter the establishment. Rep. Jim Medley, R-Fort Smith, said he was troubled that the regulations do not strictly define what constitutes an outdoor area, where smoking would be allowed. He said some Fort Smith restaurants have "beer gardens" that may or may not be subject to the law. Medley and others also said they wanted more clarification about how DHHS will regulate bars and restaurants that have different entrances, but are under the same roof. Rep. Jay Bradford, D-White Hall, chairman of the House committee, said the regulations could be amended or clarified once regulators identify problems within businesses. Division of Health Director Paul Halverson said the state intends to be lenient in its enforcement of the smoking ban. Businesses that allow smoking on-premises will be warned several times before being cited by a state health inspector, he said. Violators could also be liable for criminal penalties. Violators may appeal their citation to the state Board of Health. Rep. Rick Green, R-Van Buren, said he hoped leniency was the status quo for the state's health inspectors. Halverson said the state has about 150 health inspectors who most often will investigate possible violations only in response to complaints. "What I don't want to see is our local health departments going out with a flashing light on their car because they got a complaint about someone smoking at the Big Corral," Green said. |
