Montana 2023 Regular Session

Montana Senate Bill SB205

Introduced
1/23/23  

Caption

Generally revise Montana Indoor Clean Air Act

Note

Overall, SB205 reflects an ongoing discussion regarding public health policies, individual business rights, and the regulation of smoking within the state of Montana.

Impact

The bill changes the existing framework of state laws concerning smoking in public places. By allowing local health departments to issue permits for the establishment of smoking areas within private establishments, SB205 creates a new layer of regulatory authority that could lead to varied local practices across the state. The updating of definitions within the law also clarifies what constitutes a 'private establishment' and includes detailed provisions about enforcement, thereby affecting compliance responsibilities for businesses.

Summary

Senate Bill 205 addresses the provisions of the Montana Indoor Clean Air Act by introducing new regulations regarding indoor smoking in private establishments. The bill allows certain private establishments, upon approval from local county health departments, to permit indoor smoking under specific conditions. Importantly, smoking is prohibited during hours when individuals under the age of 18 are allowed on the premises, and establishments must prominently notify the public when smoking is permitted.

Contention

There are notable points of contention surrounding SB205, particularly concerning public health and youth safety. Critics argue that permitting indoor smoking in establishments could expose young individuals to harmful secondhand smoke even during restricted hours. Proponents assert that the bill provides an essential balance between personal freedoms for businesses and the necessary protections for minors. The legitimacy of local health departments' authority to regulate smoking in this capacity may also lead to debates about government overreach versus local autonomy.

Companion Bills

No companion bills found.

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