HOUSE BILL NO. 408

INTRODUCED BY C. YOUNKIN

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING COUNTIES TO PASS ORDINANCES OR RESOLUTIONS TO SECURE AND PROMOTE THE PUBLIC HEALTH AND WELFARE; ALLOWING LOCAL GOVERNMENTS TO DETERMINE SMOKING AND NONSMOKING POLICIES FOR PUBLIC SPACES WITHIN THEIR JURISDICTION; AND AMENDING SECTIONS 7-1-2103 AND 50-40-104, MCA."

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

Section 1. Section 7-1-2103, MCA, is amended to read:

"7-1-2103. County powers. A county has power to:

(1) sue and be sued;

(2) purchase and hold lands within its limits;

(3) make contracts and purchase and hold personal property that may be necessary to the exercise of its powers;

(4) make orders for the disposition or use of its property that the interests of its inhabitants require;

(5) levy and collect taxes for the purposes under its exclusive jurisdiction that are authorized by this code or by special statutes; and

(6) subject to the provisions of state law, adopt, amend, and repeal ordinances and resolutions required to secure and promote the general public health and welfare."

Section 2. Section 50-40-104, MCA, is amended to read:

"50-40-104. Designation or reservation of smoking or nonsmoking areas -- notice. (1) Except as provided in [section 3], the proprietor or manager of an enclosed public place shall:

(a) designate nonsmoking areas with easily readable signs;

(b) reserve a part of the public place for nonsmokers and post easily readable signs designating a smoking area;

(c) designate the entire area as a smoking area by posting a sign that is clearly visible to the public stating this designation; or

(d) designate and reserve the entire area as a nonsmoking area.

(2) The proprietor or manager of an establishment containing enclosed public places shall post a sign in a conspicuous place at all public entrances to the establishment stating, in a manner that can be easily read and understood, whether or not areas within the establishment have been reserved for nonsmokers.

(3) The proprietor or manager of an establishment containing both a restaurant and a tavern, in which some patrons choose to eat their meals in the tavern, is not required by this part to post a sign described in subsection (2) in the tavern area of the establishment.

(4) The proprietor or manager of an intrastate bus that is not chartered shall prohibit smoking in all parts of the bus."

NEW SECTION. Section 3. Local government options on smoking areas. (1) (a) (i) A local government, by ordinance or resolution, may establish whether an indoor area or room used by the general public or serving as a place of work, including but not limited to restaurants, stores, offices, auditoriums, arenas and meeting rooms open to the public, within the local government's jurisdiction are to be smoking, nonsmoking, or a combination of smoking and nonsmoking.

(ii) This section does not apply to buildings maintained by a political subdivision under 50-40-201 or to a school or community college facility.

(b) If a local government establishes a public space as smoking and nonsmoking, it may by ordinance or resolution establish rules for designating which portions of the space are to be smoking or nonsmoking.

(2) The provisions of this section do not apply to educational or health care facilities, to taverns or the tavern portion of an establishment containing both a restaurant and a tavern if the tavern does not allow persons under the age of 21 on the premises, or to home-based businesses.

NEW SECTION. Section 4. Codification instruction. [Section 3] is intended to be codified as an integral part of Title 50, chapter 40, part 1, and the provisions of Title 50, chapter 40, part 1, apply to [section 3].

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