2001 Montana Legislature

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SENATE BILL NO. 50

INTRODUCED BY M. WATERMAN

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AN ACT REQUIRING THAT ALL STATE-OWNED AND STATE-OCCUPIED BUILDINGS AND ALL BUILDINGS LEASED AND OCCUPIED ONLY BY THE STATE BE SMOKE-FREE BY CERTAIN DATES; REQUIRING THAT IN BUILDINGS LEASED AND OCCUPIED PARTIALLY BY THE STATE, AGENCY HEADS MAKE THE PORTIONS OCCUPIED BY THE STATE SMOKE-FREE BY A CERTAIN DATE; ENCOURAGING THAT STATE AGENCIES WORK TO MAKE THE BUILDINGS SMOKE-FREE; PROVIDING STATE POLICY; REVISING DEFINITIONS; AMENDING SECTIONS 50-40-202 AND 50-40-203, MCA; REPEALING SECTIONS 50-40-204, 50-40-205, AND 50-40-206, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 50-40-202, MCA, is amended to read:

     "50-40-202.  Public policy. In recognition of the increased health hazards of passive smoke on the nonsmoker, and in recognition of recent studies showing that secondhand smoke is more injurious to nonsmokers than it was thought to be in the past, it is the declared public policy of the state of Montana that certain buildings both owned and occupied by the state may and buildings leased and occupied only by the state be smoke-free by the dates provided in [section 3]. It is further the policy of the state that designated smoking areas be established in certain other state buildings pursuant to 50-40-204."



     Section 2.  Section 50-40-203, MCA, is amended to read:

     "50-40-203.  Definitions. As used in 50-40-202 through 50-40-205, [section 3], and this section, the following definitions apply:

     (1)  "Agency head" means a director, commissioner, or constitutional officer in charge of an executive, legislative, or judicial branch agency or of an agency of the Montana university system.

     (2)  "Designated smoking area" means an enclosed, comfortable area that maintains adequate ventilation to minimize the circulation of smoke to surrounding areas and that has been designated as a smoking area under 50-40-204.

     (3)(2)  "Smoking "Smoke" means any smoke from a lighted cigar, cigarette, or pipe or any other lighted tobacco product."



     Section 3.  State buildings to be smoke-free. Buildings owned and occupied by the state must be smoke-free on [the effective date of this act]. Buildings leased and occupied only by the state must be smoke-free as soon as practicable but no later than July 1, 2001. In buildings leased and occupied by the state and another entity, agency heads shall make the portions of the buildings occupied by the state smoke-free as soon as practicable but no later than July 1, 2001, and are encouraged to work with building owners and other tenants to make the buildings smoke-free.



     Section 4.  Repealer. Sections 50-40-204, 50-40-205, and 50-40-206, MCA, are repealed.



     Section 5.  Effective date. [This act] is effective on passage and approval.

- END -




Latest Version of SB 50 (SB0050.ENR)
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