Governor signs smoking ban, 17 other bills(Idaho Smokers Alert!)

Spokesman Review ^ | 04/03/2004 | Staff

[writer33]

BOISE _ Starting July 1, there will be no more smoking allowed in Idaho restaurants.

Kempthorne signed SB 1283 into law, banning smoking in restaurants and other public places, but making exceptions for bars and bowling alleys. The bill passed both houses of the state Legislature after much debate. It allows cities and counties to pass stricter laws, if they choose.

The signing came on the final day to act on bills from this year's legislative session. The governor, for the first time this year, brought out his veto stamp, nixing five bills. He also signed the last 18 bills into law, including measures to ban lawsuits against restaurants for making people fat, and designating the peregrine falcon as the state raptor.

The smoking bill was controversial, with many North Idaho lawmakers contending it could hamper the area's combination restaurant-bars.

In his signing message, the governor said, "I do not believe that there is an absolute personal right to smoke at any time and in any public place. Some fundamental rights -- free speech for example -- have some limitations on the time, place and manner of their exercise."

The bill, he said, "fashioned a carefully balanced approach to the needs of businesses, which have traditionally catered to smokers, and the need for members of the non-smoking public to avoid problems associated with second-hand smoke."

To accommodate restaurant-bar combinations, the bill's authors allowed restaurants that serve alcohol to essentially declare themselves bars after a certain hour or on certain days, and allow smoking -- provided that they then exclude anyone under age 21.

Here are the other bills the governor took action on Friday:

VETOED:

•HB 544a, a measure to change the process by which Idaho determines "total maximum daily loads" of pollutants for waterways, by providing more authority to watershed advisory groups. Kempthorne called the changes potentially costly and unworkable.

•SB 1269a, regarding intracity light rail systems. The governor said the bill was not needed, as local governments already can set up such systems.

•HB 816a, which would have required a special brand on all livestock entering Idaho from Canada. New federal regulations will address the issue, Kempthorne said.

•HB 807, revising membership on the Idaho Beef Council. The measure sought to deal with a possible federal funding loss that may or may not occur, and was premature, he said.

•HB 760a and 761a, creating new tax credits for alternative energy generation.

SIGNED INTO LAW:

•HB 590a, the "Commonsense Consumption Act," forbidding obesity lawsuits against food sellers.

•HB 631a, requiring community colleges to cooperate with local governments.

•HB 646, clarifying that the term "health institution" includes both private and public, non-profit and for-profit hospitals or facilities.

•HB 693a, revising requirements for making anatomical gifts, to inform givers that for-profit entities may retrieve tissues or parts.

•HB 712, designating the peregrine falcon as the state raptor.

•HB 770, clarifying the authority of the Idaho Athletic Commission over professional boxing, wrestling and similar events.

•HB 801, appropriating $9,460,800 to the Office of the State Board of Education for fiscal year 2005.

•HB 828, revising tax rates on surplus lines of insurance.

•HB 847, appropriating an additional $190,100 to the Superintendent of Public Instruction/State Department of Education for fiscal year 2005.

•SB 1317a, clarifying jurisdiction of licensed emergency medical service agencies.

•SB 1347, authorizing advance payments to charter schools from state pupil transportation funds.

•SB 1361, requiring copies of nonprofit bylaws and articles of incorporation when submitting a petition for a charter school.

•SB 1363, requiring charter school teachers to be certified and have standard contracts.

•SB 1389, setting licensing and educational requirements for residential mortgage loan originators.

•SB 1441, revising public records laws relating to Idaho Industrial Commission worker's compensation records, to make them more open.

•SB 1445, appropriating $1.05billion to the Department of Health and Welfare for Medical Assistance Services for fiscal year 2005.

•HB 728, allowing a waiver in certain circumstances from technology proficiency requirements for teachers.

[writer33]

The bill, he said, "fashioned a carefully balanced approach to the needs of businesses, which have traditionally catered to smokers, and the need for members of the non-smoking public to avoid problems associated with second-hand smoke."

In the past five or more years, this isn't even remotely close. I remember when they pulled smoking from the chow halls in the military. The last remaining vestige of smoking safety.

What doesn't make sense is that the "Second Hand Smoke" Theory has been disproven in a study out of California. So why continue? I guess we'd have to ask Adolf Hitler that question.

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[writer33]

Here you go. The Fuhrer is waiting for you.

[Mark]

I listened to Walter Williams substituting for Rush on Friday and he talked about this nonsense. He made a point that I always bring up: If you are ok with a local government dictating to a business that the owner cannot allow smoking, then you should be ok with a local government that has no bias against smoking to force a business owner to allow smoking.

[Mears]

Here we go again.

[Mears]

Good one,Mark. Can you imagine the outcry if the government said a business had to allow smoking.

[Mears]

Bars and bowling alleys are exempt? For how long?

[writer33]

It's only a matter of time. Here in Washington, they've already taken that next step. The Smoking Czars are all over this bogus second hand smoke theory.

[Gabz]

banning smoking in restaurants and other public places,

Excuse me governor.............The Governor's mansion(where you live) is a public place, a restaurant is not.

A restaurant is owned by a private business person. The governor's mansion is owned by all the taxpayers of Idaho.

What is wrong with these people who keep redefining what is a "public" place?????

[Gabz]

I listened to Walter Williams substituting for Rush on Friday and he talked about this nonsense. He made a point that I always bring up: If you are ok with a local government dictating to a business that the owner cannot allow smoking, then you should be ok with a local government that has no bias against smoking to force a business owner to allow smoking.

I was in the process of saying the same thing, just as Dr. williams brought it up.........

I won't bother telling you what I have been called on this and other forums for making just that point.

[writer33]

"What is wrong with these people who keep redefining what is a "public" place?????"


Now, Gabz. Get a hold of yourself. They're only doing what's in YOUR best interest. They know you can't decide that for yourself, so they'll do it for you. Now calm down and smoke a cigarette. :) HA!

On a serious note, I'd agree with you 150% Restaurants are privately owned.

[Gabz]

Bars and bowling alleys are exempt? For how long?

Not for very long..........I predicted it more than 10 years ago in Delaware when smoking/non-smoking sections were mandated and was laughed at......guess what?????? No smoking in bars and bowling alleys in Delaware.

Currently the Moose, Elks, VFW, American Legion, and Volunteer Fire Companies remain exempt from the Delaware ban, but I don't see that lasting very long either. And neither does at least one of the Lodges......it built it's new building across the state line (I'm not mentioning the name for obvious reasons)

[Gabz]

LOL!!!!

I know you are correct, I'm incapable of making my own decisions because I'm a hapless drug addict who is incapable of making those kind of decisions and needs the heavy hand of my all loving big brother government to make those decisions for me because my brain is so deteriorated because of my horrible drug addiction..............

If so many people did not believe what I just stated, it would be a funny post.......I don't find it funny because so many people do believe it to be so. Including many on this forum.

That is scary.

I think I'll go get another beer :)

[writer33]

"I think I'll go get another beer :)"


Gabz. Put the beer down. It's only going to make you smoke more, polluting the air around you, and encroaching on other lives that choose to hang around you.

Put the beer down now. Please, Gabz. Save yourself from those wicked, devastating vices. Do we have to stop serving you alcohol at restaurants next? We won't stop until you've enriched your life. Do it for your CHILD, for God's sake. Do it before it's TOO LATE! :) HA!

I hope you enjoy some more sarcasm. Quite frankly, I'm tired of this argument it's for the children. That's Bravo Sierra. I grew up with it and am in perfect health. A case out of California has already disproven the "Second Hand Smoke Theory."

How much more do we have to withstand? Before long, they're will be two Americas. Americans that smoke and Americans that don't. It's typical class warfare continued in the biased television industry. If those people don't like it, step away.

[Mears]

You are not only a hapless drug addict, Gabz,but you are poorly educated,more likely to be a drunk,live in a poor working class neighborhood,have a dirty,smelly house,and last but not least,you are not fit to be a mother.

Oh yeah,you are also an idiot.

Disclosure:All of the above taken from previous smoking threads and posted by Gnatzis.

Time for a cigarette,see ya!

[Gabz]

Nope, I will not put down the beer - unless someone is willing to face off with me at my front door when I am armed. (No, I do not use firearms while intoxicated, anymore than I drive that way)

Quite frankly, I'm tired of this argument it's for the children. That's Bravo Sierra. I grew up with it and am in perfect health.

I'm with you all the way.

It totally freaks me out that a truly miniscule minority, can get legislation introduced and passed in some places to protect their (alleged) rights against the wishes of the majority just by manipulation of the media and vast sums of money. Yet are screaming bloody mary about another minority doing the exact same thing.

The first minority group are the anti smokers, the second minority group are the gay rights activists.

The 2 americas you describe, basically already exist.......the anti-smokers and those that either smoke or don't care about it.

It's very sad.

[Gabz]

You forgot pedophile and serial murderer............

Otherwise, you got it all spot on!!!!!!!

[writer33]

"The 2 americas you describe, basically already exist.......the anti-smokers and those that either smoke or don't care about it."

I know. And you pointed it out just like I knew you would, so everyone else on the forum could see it. Thank you very much.

You're all right no matter how many people you kill with second hand smoke. :) HA!

[Gabz]

Thanks!!!!!!!

[writer33]

You're most welcome, ma'am.