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Montana Clean Indoor Air Act

The Montana Legislature enacted the Clean Indoor Air Act in 2005 to protect Montanans from the health hazards of breathing secondhand tobacco smoke.

The new law goes into effect October 1, 2005. It prohibits the use of tobacco products in all public schools and eliminates smoking in most enclosed public places throughout the state.

Under the new law, Montanans cannot smoke or use spit tobacco in elementary or secondary public schools or on public school property, including playgrounds, parking lots, administration buildings, athletic facilities, school buses, and dormitories.

With limited exceptions, the law also prohibits smoking in any indoor area, room, or vehicle that the general public is allowed to enter or that serves as a place of work, including:

  • Restaurants;
  • Stores;
  • Public and private office buildings;
  • Trains, buses, and other forms of public transportation;
  • Health-care facilities;
  • Auditoriums, arenas, meeting rooms, and other assembly facilities;
  • Family or group day-care homes;
  • Adult foster care homes; and
  • Buildings that house community colleges and the state university system.

Managers or proprietors of enclosed public places are required to post conspicuous signs at all entrances indicating that smoking is prohibited.

Bars and casinos may apply for a temporary exception to the law, giving them until October 1, 2009, to comply. Even with an exception, bars and casinos must agree to keep minors out of designated smoking areas and prevent smoke from drifting into non-smoking areas.

For more information about the Clean Indoor Air Act, call toll-free 1-866-787-5AIR (866-787-5247).

Frequently Asked Questions

Q. Why do we need a Clean Indoor Air Act in Montana?

Secondhand smoke is a hazardous toxin that can cause cancer and heart disease. Each year, an estimated 200 non-smoking Montanans die from breathing someone else’s tobacco smoke in the workplace or at home.

Secondhand smoke is also associated with between 8,000 and 26,000 new cases of asthma in children each year and an estimated 150,000 to 300,000 new cases of bronchitis or pneumonia in children under 18 months of age.

Q. Do Montanans support the Clean Indoor Air Act?

A recent poll found that 71 percent of Montanans support a statewide law to provide consistently smoke-free public places. This represents almost three-quarters of all Montanans.

Eighty percent of Montanans do not smoke.

Q. How will the Clean Indoor Air Act affect Montana businesses?

For most businesses and workplaces in Montana, the new law will not alter existing policies that have been in place for years.

Many recent studies show that comprehensive smoke-free laws do not have adverse economic impacts on restaurants and other businesses. In fact, smoke-free businesses often are able to save money because:

  • Risk of fire is reduced;
  • Fire insurance commonly costs 25-30 percent less for smoke-free businesses;
  • Dozens of insurance companies offer discounts on life, disability, and medical insurance for nonsmokers;
  • Cleaning costs may be reduced by as much as 10 percent;
  • Employees who smoke cost their employer an average of $3,391 a year each in lost productivity and excess medical expenditures.

Q. Is my business eligible for an exception?

Some establishments—including bars, casinos, taverns, night clubs, and cocktail lounges—may be eligible for an exception that gives them until October 1, 2009, to comply with the Clean Indoor Air Act. To qualify for the exception, the business must earn at least 60 percent of its annual gross income from alcohol sales, gambling, or both.

Even with an exception, bars and casinos must agree to keep minors out of designated smoking areas and prevent smoke from drifting into non-smoking areas.

Q. Are there any other exceptions?

Yes, the law does not apply to:

  • Private residences (unless the residence is used as a family or group day-care home, an adult foster care home, or a health-care facility);
  • Private vehicles;
  • Hotel rooms designated as smoking rooms (a hotel or motel may designate no more than 35 percent of its rooms as smoking rooms); and
  • Sites used in connection with the practice of cultural activities by American Indians in accordance with the American Indian Religious Freedom Act.

Q. Where can I get signs to post indicating that smoking is not allowed in my business?

The Montana Department of Public Health and Human Services will provide businesses and schools with free no-smoking signs.

Q. What are the penalties for violating the Clean Indoor Air Act?

An individual who owns, manages, operates, or otherwise controls a public place or place of employment and who permits smoking in that facility will be:

  • Issued a warning for the first violation in a three-year period;
  • Issued a written reprimand for the second violation; and
  • Guilty of a misdemeanor and subject to a fine of $100 for the third violation.

The fine for a fourth violation in a three-year period is $200; the fine is $500 for every violation thereafter.

The law also stipulates that an individual customer or employer who smokes in an area where smoking is prohibited is guilty of a misdemeanor and subject to a fine of between $25 and $100.

Q. Who is responsible for enforcing the Clean Indoor Air Act?

The law directs the Montana Department of Public Health and Human Services, local boards of health, and their designees to be responsible for supervising and enforcing the law.

Enforcement will be based on written complaints submitted by Montanans either to their local health department or to the Montana Tobacco Use Prevention Program, P.O. Box 202951, Helena MT 59620-2951.

When a violation constitutes a misdemeanor, the local health department will work with the city or county attorney in the county in which the violation occurred.

Q. How do I file a complaint about a possible violation?

Send your complaint in writing either to your local health department or to:

Montana Tobacco Use Prevention Program
PO Box 202951
Helena, MT 59620-2951

Educational Materials

The following educational materials may be downloaded and used free of charge.

Signage for Businesses and Schools

Page last updated: 09/13/2006