Posted on 05/30/2003 1:06:08 PM PDT by profmike23
Smoking limits rise from ashes
2003-05-30 By Jack Money The Oklahoman
Supporters of a landmark bill to restrict smoking in public workplaces and restaurants won a last-gasp victory Thursday in the state House of Representatives, paving the way for Gov. Brad Henry’s signature.
After seeing the bill defeated by the House in the morning, an intense lobbying effort by legislative leaders netted enough votes to get the measure passed in the afternoon when House members agreed to reconsider Senate Joint Resolution 21.
Henry said he would sign the legislation, saying it “represents a common-sense approach to a very important public health issue.”
The bill — which won’t go into full compliance until 2006 — will make Oklahoma only the fifth state in the nation to impose tough restrictions on smoking in public.
“It enacts tough but reasonable restrictions on smoking in public places, striking a good balance between health and small business concerns,” Henry said. “It’s good, pro-family legislation and, for that reason, I intend to sign SJR 21 into law.”
State Health Commissioner Dr. Leslie Beitsch called it “the most significant public health legislation ever passed by the Oklahoma Legislature.”
Beitsch said although the legislation breaks new ground, it provides a 30-month delay before restaurants are required to either add separately ventilated areas or go smoke free.
“That’s simply too long before restaurant employees and customers are provided the same protections that Oklahomans will have in all other public places and workplaces impacted by this legislation,” Beitsch said. “Restaurants should do the right thing and go smoke free now.”
Opponents of the measure complained it violated individual rights and said the secondhand smoke risks had been exaggerated.
House members considered the bill twice Thursday. The first time, the resolution failed on a 47-51 vote, but Henry, along with House Speaker Larry Adair, D-Adair, Senate President Pro Tem Cal Hobson and the sponsor of the bill in the House, Rep. Ray Vaughn, R-Edmond, swung enough votes to get the bill passed, 52-45.
Vaughn said the bill is a combination of three bills introduced earlier in the year and reflects the input of many of those who would be affected by the legislation, including the Oklahoma Restaurant Association.
Lobbying efforts reached a fever pitch during Thursday’s noon hour, as Vaughn and other supporters sought to find enough votes.
The efforts caught the attention of opposing House members when the resolution was brought up again. Rep. Richard Phillips, R-Warr Acres, said Hobson, D-Lexington, who was on the floor of the House at one point, “needs to get back to the Senate and take care of his business — not ours.”
Numerous House members changed their votes during the day.
Those who voted for the resolution the first time and voted against it the second time were: Reps. Don Armes, R-Faxon; Gus Blackwell, R-Goodwell; Ron Peters, R-Tulsa; Curt Roggow, R-Enid; and John Wright, R-Broken Arrow.
Those who voted against the resolution the first time and voted for it the second time were: Reps. John Carey, D-Durant; James Covey, D-Custer City; Joe Dorman, D-Rush Springs; Joan Greenwood, R-Moore; Rebecca Hamilton, D-Oklahoma City; Chris Hastings, R-Tulsa; Ray McCarter, D-Marlow; Clay Pope, D-Loyal; Paul Roan, D-Tishomingo; Leonard Sullivan, R-Oklahoma City; Mike Tyler, D-Sapulpa; and Dale Wells, D-Cushing. Only one House member talked about why she changed her vote.
Greenwood said she voted against the resolution the first time to make the point there are House members who are continuing to smoke in their offices. State law bans smoking in the Capitol except for one designated inside room.
“Passing a law like this with that going on is hypocritical,” Greenwood told her colleagues.
“I will support this, but I also need our Republican and Democratic caucus leaders to work on making sure our members observe House rules and follow state law.”
The legislation gives restaurants 30 months from Sept. 1 to become smoke free or build an enclosed, separately ventilated smoking area. It prohibits smoking in most other public places.
However, there are exceptions. Smoking would be allowed in bars and cigar bars and in restaurants where more than 60 percent of the revenues are derived from alcohol sales and where no one under 21 is allowed.
Smoking would be allowed in restaurants’ outdoor seating areas.
Also exempt from the legislation are private offices occupied exclusively by one or more smokers.
Facilities owned by a veterans’ organization are exempt except during those times they are open to the public.
Smoking will be allowed in rooms where licensed charitable bingo games are played, but only during the hours of operation of those games.
Smoking will be permitted in up to 25 percent of guest rooms at a hotel or other lodging establishments.
Vaughn said Thursday the bill is a reasonable piece of law.
Attacks made against the resolution by opponents were both “bogus” and “petty,” Vaughn said.
“This bill doesn’t regulate what kind of customers a restaurant owner can have,” Vaughn said. “What it does is regulate conduct.
“And we do that today ... restaurants today refuse service to patrons who aren’t properly attired. What this measure does is prohibit conduct that the state believes is harmful to the public. Smokers’ rights end where the public’s rights begin.”
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I see little reason to leave the 'People's Republic of Kalifornia' for the 'People's Republic of Dusty Flats, OK'.
If we've all got to be commies, I might as well live where it's pretty.
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