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.

[Gabz]

I find it so amazing so many others are so blind to such a basic premise.

(good grief, I used the word "so" 3 times in one sentence....where are the smoke police???.... only a delusional, in denial, nicotine addict could possibly write such a sentence)

[writer33]

"I find it so amazing so many others are so blind to such a basic premise."


So, you are like, saying so like so many times. So like I totally understand your point of view. It like so makes me so mad. That there are like so many people that can't see it. You know. :) HA!

[Gabz]

Your mind has obviously been warped by your drug addiction......it doesn't matter if you're are a tea-totalling non-smoker, you made the mistake of agreeing with a "drug addict" and therefore are guilty by association.

[writer33]

"Your mind has obviously been warped by your drug addiction......it doesn't matter if you're are a tea-totalling non-smoker, you made the mistake of agreeing with a "drug addict" and therefore are guilty by association."


I am guilty your honor. I can't help it. I've got to have another cigarette. If I don't mainline my nicotine, my day just doesn't turn out the same. :)

[Gabz]

Definitely over the head of the resident nico-gnatzies.

[writer33]

As a matter of fact, I feel a nicotine fit coming on. Wait...Ahhh. That's better. I just gotta have it. :) If I don't get it, sometimes, when I feel bad, I beat my wife a little. That always makes me feel better. :) HA!

For those reading. I'm just kidding! Smoke a cigarette and relax.

[Kay Soze]

I am reminded daily that we don't have the necessary resources to protect our borders.

But we do have the resources to monitor each and every building in the US to stop smoking?

May I use the; “we will need to set up guard towers every 500 feet” with smoke detectors, blah blah blah argument?

[cruiserman]

Why the exemption for bars and bowling alleys? Perhaps the restauranteurs didn't bribe him enough. First he raises our taxes, then he violates private property rights.

[SheLion]

I wasn't online last night and I just saw this.

[SheLion]

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."

So......are the restaurants private enterprises or state run?

[Mears]

Once they make an exception for something like bars and bowling alleys they are just proving it's not about health but it's all about control.What about the health of those in the bars and bowling alleys?

If smoking is that hazardous,ban it everyplace and don't sell tobacco products.(Fat chance,too much money would be lost)

I live in Massachusetts and this type of thing has been going on for years but the fact that it is happening in Idaho really surprises me.I've always had the impression that Idaho believed in individualism and liberty.

[writer33]

"So......are the restaurants private enterprises or state run?"

First of all. What are you doing off line, young lady? Secondly. You know the answer to that question. The restaurants are privately owned. And the sad thing is that you can smoke in any casino, because it's not governed by the state. So guess what businesses suffer? Local business. While other people beat feet to the casinos for the buffets.

[SheLion]

So guess what businesses suffer? Local business. While other people beat feet to the casinos for the buffets.

Oh I know. I was being sarcastic. heh!

But when they say that people do not have the right to smoke in just any public place, makes me want to barf........that's why I said "What are restaurants? Private enterprises or state run! If we can see it, why can't they? They must think we are all stupid out here.

[cruiserman]

That's what they want you to think about Idaho, but it's not really true. There's some of that up north, but ID over-taxes and over-regulates just like every other state.

[Doe Eyes]

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

You left out the biggest group of hypocrits, those that smoke tobacco, and support prisoning those that smoke other leaves.

[BriarBey]

Its a money grab with public support, pure and simple. And the other simple part is this....don't eat out. The money you save will cover the higher cost of smokes. I'm not giving a dime to an establishment who has taken away my rights. And screw the second hand smoke garbage...we can put robots on Mars and can't have ventilation adaquate enough to handle smoke? Give me a break. The next big money grab is....get everyone to stop smoking...they gain 20-30lbs, then they are considered obese, now you send the fat tax squad after them....what a racket!! LOL (puff)

[writer33]

I know. I was just adding my two cents worth as well. I did get your drift, or in this case, you're second-hand smoke. :) HA!

[writer33]

"The next big money grab is....get everyone to stop smoking...they gain 20-30lbs, then they are considered obese, now you send the fat tax squad after them....what a racket!! LOL (puff)"


I'll take both. My greasy fat, burgers and my cancer sticks. :) HA!

[Dan from Michigan]

In IDAHO? I thought they backed freedom there?

[Gabz]

I'm not one of them......and have met more trying to make other leaves legal while applauding the pushing of tobacco in that direction.