Legislature nixes smoking bill
Ketchum’s no-smoking push remains on back burner
"I figured it would be a pretty tough sell in the
Legislature, and it was."
Rep. Wendy Jaquet, D-Ketchum
By GREG STAHL
Express Staff Writer
Snubbing House Minority Leader Wendy Jaquet, D-Ketchum,
state lawmakers last week turned down a bill that would have permitted
municipalities to enact stricter smoking regulations than those
established by the state.
The House State Affairs Committee voted 9-9 not to allow
printing of the bill. A majority vote of a committee is required for a
bill to be printed. After printing, committee members further debate
bills, take public comments, and may send them on to the full House and
Senate for debate and possible approval.
"I figured it would be a pretty tough sell in the
Legislature, and it was," Jaquet said.
However, Jaquet said she was dismayed that her colleagues
would not allow printing of the bill.
"Usually it’s a courtesy to be printed," she
said.
State law prohibits smoking in indoor public places, both
commercial and municipal, except in designated smoking areas. Bars and
bowling alleys are exempt. Proprietors can prohibit smoking from their
establishments completely if they wish.
However, the state law is unclear as to whether
municipalities can pass laws stricter than the state’s.
"Wendy’s bill would have just cleared up that the
state does not intend to preempt," said Ketchum city attorney
Margaret Simms.
It wasn’t the first time such an ordinance has been
introduced at the state level.
Ten years ago this winter, then Sen. Russ Newcomb, R-Twin
Falls, introduced nearly identical legislation, which lost on the Senate
floor by a tie vote. Newcomb said he introduced the legislation on behalf
of several south-Idaho cities, including Twin Falls.
"It (the state’s political stance) really hasn’t
changed in 10 years, and you would think it might," he said. "I
don’t think there’s anybody who’s against no-smoking restrictions in
daycares, public libraries and places like that, but I feel [legislators]
think it goes against personal freedoms."
The issue is relevant locally because the Ketchum City
Council last February unanimously voted to pursue no-smoking regulations
for the city’s bars and restaurants. Almost immediately, the proposal
ran into a buzz saw of opposition, including resistance from Mayor Guy
Coles.
Local bar owners assailed the council in March, declaring
the city should not be in the business of legislating personal behavior.
Last spring, Coles, who smoked for 40 years before quitting a decade ago,
refused to back the no-smoking ordinance.
"We have enough to do without legislating
morals," he said.
Many Wood River Valley restaurants prohibit smoking. One
Ketchum bar, The Cellar Pub, does so as well.
Last February, when Twin Falls was considering a similar
ordinance, its city attorney, Fritz Wonderlich, said a municipal ban on
smoking would contradict the state laws requiring that smoking sections be
set aside in restaurants.
Ketchum city attorney Simms sees it differently.
"I don’t think it’s clear at all that cities are
implied preempted from passing their own legislation," she said.
Ketchum Councilman David Hutchinson said he doesn’t know
if the no-smoking push is something the city will resume in the near
future. He did point to Simms’ opinion, which has been given only
informally, as a legal green light.
"If we want to do it, we’ll get back at it,"
he said.
