Posted on 09/08/2001 5:52:29 PM PDT by Max McGarrity
LITTLE ROCK -- A House health subcommittee Wednesday endorsed what a state Health Department lawyer said was the final draft of a proposal to ban smoking in restaurants.
The action by a joint House-Senate subcommittee was an important step by elected officials, said Melinda Pyle, director of the Coalition for a Tobacco-Free Arkansas, the group pushing the smoking ban.
But Gov. Mike Huckabee has the final say and he appeared no closer to embracing the proposed new health regulation, even with recent changes to allow smoking on outside patios at restaurants and to exempt businesses that earn less than 30 percent of their revenues from food, such as pool halls and bowling alleys.
"My personal preference is clear: ban all smoking everywhere at all times for all people," Huckabee said. "But it really comes down to whether or not we have a right to tell private business owners what they can or cannot do in their own private business.
"I'm still wrestling with it. There's a delicate balance there."
Huckabee said he still was troubled that the proposal is being put forth by a state board and not the Legislature. The governor also has suggested that the measure may need to be put to a public vote.
Rep. Russ Bennett, R-Lewisville, the only subcommittee member to oppose the smoking ban, said he felt it was too much of a government intrusion on the rights of private business owners. Customers can decide for themselves whether or not to patronize an eatery that allows smoking, he said.
The state Board of Health began considering a ban last summer, at the request of state Rep. Jim Wood, D-Tupelo. Wood went to the state board after the Legislature rejected a smoking ban he proposed during the 1999 regular session.
The health board voted in January to put its smoking ban proposal up for public comment, and has revised the measure to reflect public comments and legislative opinions.
Health Department lawyer Robert Brech told the subcommittee that the latest version of the proposal is the one the health board will take a final vote on in October.
The full joint Public Health, Welfare and Labor Subcommittee will review the proposal at a Sept. 20 meeting.
Ummm is this guy really a Republican or a dictator in democratic drag?
In Toronto some restaurant can allow smoking if children are not allowed, which pisses off parents who happen to like a certain restaurant......... could this be called divide and conquer in reverse. :-}
You wait, Huckabee won't sign off on this if it comes from the board, but if it EVER makes it through the legislature it will be law the minute he can get a pen on the paper.
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