Another Ban Failed: ID Bowling Alleys Under Attack

Idaho lawmakers override veto, make bowling alley smoking ban law
03/29/2007
BOISE, Idaho – Health concerns trumped fears of an invasion of private property rights as the Idaho Legislature overrode a veto of a bowling alley smoking ban.
??? Both the House and Senate voted overwhelmingly to override Gov. C.L. “Butch” Otter’s veto of the bill. The ban will take effect July 1.
??? It was just the fourth override of an Idaho governor’s veto since 1973.
??? Rep. Bob Ring, R-Caldwell and a medical doctor, told lawmakers that if the veto stood, children would “suffer illness and injury, and some people would die” from the effects of second-hand smoke.
??? “As far as private property rights, it’s well established that health and safety can trump private property rights,” Ring said.
??? Otter had vetoed the bill earlier this month, arguing it was “social engineering” that unfairly encroached on business owners’ rights to do as they wanted.
??? Some lawmakers say they want to take on smoking in bars next.

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Otter vetoes bowling alley smoking ban, takes shot at Legislature

March 23, 2007
By JOHN MILLER

BOISE, Idaho – Bowlers, puff away.

Gov. C.L. “Butch” Otter on Thursday vetoed a bill that would have banned smoking in Idaho bowling alleys.

It cleared the House 48-17 and the Senate 31-4, but Otter said it took away private property rights of business owners who wanted to continue to allow smoking.

In his veto message, the governor also took a jab at lawmakers, including House Majority Leader Mike Moyle, R-Star, and Sen. Brent Hill, R-Rexburg. Earlier this year, they accused Otter of trying to create social change with his plan to give more relief to low-income residents from the state’s sales tax on food.

“Given legislative concerns about social engineering, particularly in regard to my proposal for targeted expansion of the grocery tax credit, in the interest of consistency it seems reasonable to conclude that such concern would extend to this legislation as well,” Otter wrote Thursday. “Social engineering by government should be of special concern when it also involves the private property rights of our citizens.”

This makes three vetoes by Otter this year.

Otter has already vetoed the grocery tax credit alternative plan that was approved by the House and Senate, as well as a bill that would have allowed the Idaho State Tax Commission to send out tax-seizure notices by first-class mail, rather than certified mail.

Lawmakers in 2004 passed legislation to ban smoking from most of Idaho’s public places, but created an exemption for bars and bowling alleys. The bill Otter vetoed would have removed the bowling alley exemption.

Both Hill and Rep. Bob Ring, R-Caldwell, the sponsors of the bill to extend the smoking ban, said they were disappointed.

Hill chalked it up to Otter’s libertarian streak. As a young state House member in the 1970s, Otter changed his vote from “no” to “hell, no” on a bill setting pornography standards, and as lieutenant governor in the 1980s vetoed a measure to raise Idaho’s drinking age to 21 from 19.

Asked whether he thought he was being targeted for his comments that Otter’s grocery-tax bill amounted to social engineering, Hill said, “I hope not. I don’t think his motives are bad.”

The House and Senate votes that passed the bill would be enough to override Otter’s veto if they were taken again. But Hill said he thought it unlikely the bill would re-emerge _ not only this year, but during the remainder of Otter’s four-year term. Bringing it up again might drive a wedge between lawmakers and the governor, now that Otter has made his philosophy clear, Hill said.

Still, both Hill and Ring said they felt Otter’s move to kill the bill would put Idaho residents’ health at risk.

During committee hearings, supporters wearing “Bowlers for Clean Air” T-shirts as well as students from southern Idaho testified that they wanted the ban to protect their lungs.

“It’s going to kill some kids,” Ring said after the veto. “It won’t kill them this year. But five years, 10 years, 15 years from now. Second-hand smoking has been proven to cause injuries, disease and premature death.”
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Beaufort considers smoking ban
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March 14,? 2007
CATHERINE STORTZ RIPLEY
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BOISE — Smoking in bowling alleys could soon be banned, if Governor Butch Otter signs the measure.

The bill passed the Senate 31-4 today. It’s already cleared the House.

Senator Brent Hill, who a couple years ago sponsored the original legislation to ban smoking from most of Idaho’s public places, cited the health problems of second-hand smoking.

He says, “There are 200 poisons. What we’re talking about is children.”

Foes of the plan said they thought such decisions should be left up to individuals.

Senator Joyce Broadsword said she’s personally allergic to smoke.

But she says, “I have a lot of folks (in my district) who are very adamant about personal property rights. With reluctance, I will be voting no.”

November 28, 2005
By John Tomlinson

BOISE -? Some Idaho Lawmakers are hoping to expand the statewide smoking ban during the 2006 legislative session. Senator Brent Hill, of Rexberg, and Representative Bob Ring, of Caldwell, are planning to extend a 2004 statewide ban on smoking in public places to include bowling alleys.

Those who run bowling alleys say the bill would force some customers out, but could attract new customers who don’t smoke. Some bowling alleys across the state have already voluntarily banned smoking.

Hill says he expects the bill to pass without any problems.

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