In this week’s newsletter I will be discussing House Bill 2, a bill that would ban smoking in public places, and I will be posting my committee schedule.
But before doing that I wanted to say a few words about the passing of Senator Vernon Malone.
Senator Malone was a pillar of a man who embodied integrity and devotion. He was a shining example, both as a Senator and a man, and his presence in my life will be missed. Senator Malone was a leader in the Senate and a passionate advocate for our students and our schools. He had a vision for our state and he knew that investing in our future meant investing in our students. We will continue his efforts to make our state the best it can be by fighting for our students and ensuring that they have every opportunity to succeed.
Senator Malone will be missed. His district will miss him as their representative and our state will miss him as a leader. But I will miss him most as a friend.
Bill to Ban Smoking in Public Places
HB 2 is a bill that proposes to prohibit smoking in public places and places of employment, such as restaurants and bars, in order to protect both patrons and employees from the dangers of secondhand smoke. The bill has gone through a major transformation as it has worked its way through the House of Representatives. Members of the house adopted five amendments to this bill. The major implication of those amendments was to decrease the places were smoking is actually banned by this bill. The bill does not ban smoking in tobacco shops, cigar bars, private clubs and establishments that do not admit people under the age of 18. The last provision only applies if the establishment posts signs and otherwise notifies the public that smoking is permitted there.
HB 2 was approved by the House and now moves over into the Senate. It has been referred to the Senate Health Care Committee and is scheduled to be heard by the committee this week. If the bill passes a vote of the full Senate Chamber it will go on to a conference committee where members of both the House and the Senate will hammer out a compromise on the bill and present a final draft to both Chambers.
I will likely vote against this bill and against the ban on smoking in public places. My decision is not final yet and I am open to persuasion. This is a complex issue with many different competing interests creating both benefits and detriments.
Freedom of Choice
My main reasoning for leaning towards voting against is that I see the ban as a freedom of choice issue. I do not like the idea of limiting someone’s freedom to enjoy a cigarette while they have a drink at a bar or after their meal at a restaurant. On of my Father’s last joys, when he was dying of Alzheimer’s disease, was when I would bring him a carton of cigarettes. They brought him comfort and helped, in a small way, to ease the burden that weighed upon him.
Additionally, the ban would open up even more doors that could lead to further restrictions on personal choice. Many states that already have smoking bans have carried those bans further than HB 2 purposes. In California there are bans on smoking in your own apartment. Maine has banned smoking in a car that contains someone under the age of 16. In Utah they have even banned smoking in designated workplace smoking areas. These are examples of government extending its reach to far and limiting personal freedoms in too strict a manner.
The Tobacco Industry in NC
I represent four counties where tobacco growing is still a large industry. Many of you, my constituents, depend upon tobacco to survive. This ban could negatively affect tobacco growers and it is my responsibility to protect the interests of my constituents. But it is not just my district that could be affected by this ban. The tobacco industry is one of North Carolina’s largest. In 2007, North Carolina had the highest amount of tobacco farming income in the Nation, producing $587 million worth of tobacco. Every level of tobacco production is found in our state, and the industry employs 255,000 people. The value of all goods and services produced by North Carolina’s tobacco industry is close to $7 billion.
I feel that in the current economic climate we should be protecting the jobs of the citizens of our state. To enact legislation that could negatively impact such an important industry would be detrimental to our state as a whole.
Other Complex Issues
I also understand the public health side of the ban. I lost my Mother to heart disease. She was a life time smoker and it is more than likely that her heart disease was, in the least, exacerbated by cigarettes if they were not the sole cause.
The bill’s language is couched to show that it is protecting employees as well as patrons from secondhand smoke. I do not completely agree with that sentiment. Employees are not bound to work in a particular location. They are free to find employment elsewhere. There are many businesses that provide smoke free work places where workers who are sensitive to secondhand smoke could find employment. Additionally, I believe that most blue collar workers, particularly those that work in restaurants and bars, either have no problem with secondhand smoke in their workplace or they themselves smoke.
I have discussed this issue with various interest groups, including the American Cancer Society, and have explained the complexities and how I will probably vote. But as I said I am open to persuasion. I would appreciate your opinion on the matter. After all it is you who will be affected by these laws and your opinion should be heard.
Committee Schedule
Tuesday, April 21st
Judiciary II
SB 852 Alcohol Screening Device Test Results
SB 853 Motion for Appropriate Relief/New Requirement
SB 925 Misrepresentation of Bottled NC Spring Water
SB 926 Misbranding of Bottled NC Spring Water
SB 929 No Set Aside of Bond Forfeit/Actual Notice
SB 1078 Delay Bond/Probationer Arrested For Felony
SB 1087 Continuous Alcohol Monitoring Systems
Commerce
SB 117 Clarifying Development Moratoria Authority.
SB 368 Various Changes in Motor Vehicle Law.-AB
SB 458 Require H. S. Diploma/GED/Bail Bondsman.
SB 647 Amend CPA Laws/Practice Privileges
SB 761 Street Construction/Developer Responsibility
SB 780 Struc. Settlement Annuities/Ins. Guar. Assn
SB 782 Repeal Pistol/Crossbow Transfer Permit
SB 789 No Bail Bondsman License/Mis. Drug Conviction
SB 820 Create New Titling Categories
Wednesday, April 22nd
Appropriations/Base Budget
– No bills to be heard. There will be a presentation on curbing Jail construction
Education/Higher Education
SB 1028 Encourage Volunteerism in Schools
SB 678 Establish Physician Assistant Scholarships
SB 406 Classroom Experience for School Personnel
SB 962 Probationary Teacher Appeals
Health Care
HB 2 Prohibit Smoking in Public & Work Places.
SB 805 DHHS Study/Influenza Vaccine Public Schools.
Thursday, April 23rd
Judiciary II
SB 138 Salvia Divinorum Schedule I.
SB 709 Home Improvement Fraud
SB 710 False Pretenses/Increase Some Penalties
SB 1091 Clarify Wt. Measurement/Meth Trafficking
As always I welcome your comments on this newsletter or anything else that concerns you. My office is here to help in whatever manner we can. It is an honor to serve as your Senator and I will do everything in my power to live up to that honor.
Sincerely,
Doug Berger