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SENATE BILL NO. 179
INTRODUCED BY D. KARY, D. ANKNEY, B. BEARD, M. BLASDEL, E. BUTTREY, M. CUFFE, J. ELLSWORTH, F. FLEMING, R. GARCIA, C. GLIMM, D. HARVEY, S. HINEBAUCH, B. HOVEN, D. HOWARD, J. KEANE, M. LANG, K. REGIER, T. RICHMOND, C. SMITH, G. VANCE, R. WEBB, J. WELBORN, D. ZOLNIKOV
A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING THE EXPANSION OF PROHIBITIONS UNDER THE MONTANA CLEAN INDOOR AIR ACT WITHOUT APPROVAL BY A LOCAL GOVERNING BODY CERTAIN ELECTED OFFICIALS; AND AMENDING SECTION 50-40-108, MCA; AND PROVIDING A RETROACTIVE APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 50-40-108, MCA, is amended to read:
"50-40-108. Enforcement -- prohibition on expansion without approval. (1) The provisions of this part must be supervised and enforced by the department and the department's designees, local boards of health, and the boards' designees under the direction of the department.
(2) A rule or ordinance that prohibits smoking in places other than IN an enclosed public place is invalid and unenforceable unless the rule or ordinance is adopted or approved by the local governing body GOVERNING CITY COUNCIL, CITY COMMISSION, OR BOARD OF COUNTY COMMISSIONERS."
NEW SECTION. SECTION 2. RETROACTIVE APPLICABILITY. [THIS ACT] APPLIES RETROACTIVELY, WITHIN THE MEANING OF 1-2-109, TO ANY RULE OR ORDINANCE THAT PROHIBITS SMOKING IN PLACES OTHER THAN IN AN ENCLOSED PUBLIC PLACE THAT BECAME EFFECTIVE WITHOUT BEING ADOPTED OR APPROVED BY THE GOVERNING CITY COUNCIL, CITY COMMISSION, OR BOARD OF COUNTY COMMISSIONERS.
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Latest Version of SB 179
(SB0179.02)
Processed for the Web on February 7, 2019 (1:18pm)
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