September 29, 2005
DPHHS Plans Education Efforts for Clean Indoor Air Act
The state Department of Public Health and Human Services (DPHHS) will establish a toll-free hotline Monday to help educate Montanans about the Clean Indoor Air Act. The department also plans next week to mail information about the new law to liquor and gaming businesses, including a form to apply for a temporary exception to the law.
The Clean Indoor Air Act will protect almost 147,000 public schoolchildren from exposure to smoking and spit tobacco and more than 450,000 workers in the state from secondhand smoke while at work, according to Linda Lee, head of the Tobacco Use Prevention Program of DPHHS. The new law was passed by the 2005 Montana Legislature and signed into law last April by Gov. Brian Schweitzer. It goes into effect Saturday.
"This is the first step in the process of becoming a smoke-free state," said Joan Miles, director of DPHHS. "This legislation was the result of a compromise between some health advocates and bar and casino owners, and I'm pleased that they've worked together toward the ultimate goal of being smoke-free. They have put aside their differences and done what's right for our state, our children, and our future.
"We want the implementation of this law to be a cooperative and constructive process," she added.
Under the law, all tobacco use is prohibited on all public school property, and smoking is prohibited in most enclosed public places. Establishments that hold liquor licenses and that earn 60 percent or more of their revenue from liquor sales, gambling, or both can apply for an exception to the law, giving them until October 1, 2009, to fully comply. Even with an exception, bars and casinos must agree to keep minors out of designated smoking areas and prevent smoke from drifting from smoking areas into non-smoking areas.
DPHHS has been encouraging all workplaces to go smoke-free now to protect their employees and customers from the health hazards of secondhand smoke. These include heart disease, respiratory disease, stroke, and cancer. The purpose of the exception is to give bars and casinos that historically have allowed smoking time to adjust to the idea of being smoke-free, Lee said.
"There are good business as well as health reasons to be smoke-free," she noted. "In other states, businesses have actually seen increases in patronage after smoke-free laws have been implemented. They also have seen reductions in the costs of cleaning, fire insurance, and health coverage for employees, as well as improvements in productivity."
Next week, DPHHS plans to mail an exception application form and informational materials to businesses identified by the Department of Revenue as holding liquor licenses. To determine whether it qualifies for an exception, an establishment may fill out an exception application and submit it to DPHHS. Once the department has determined that the business qualifies for an exception, it will mail the owner a certificate to post in the establishment.
Lee said she and her staff have been working with other states and localities to learn how they have implemented smoke-free legislation.
"The major lesson in successfully implementing a law like Montana 's is to focus first and foremost on educating the public and business owners about the law and the value of going smoke-free," she said. "Our goal is not to issue citations and fines but to protect people from secondhand smoke through a process of education. We definitely want to use the carrot rather than stick to get this off the ground."
She noted that other states have found they had little need for enforcement actions because compliance to smoke-free laws was very high.
In February 2006, the Department of Justice and local public health agencies will begin inspecting restaurants, bars, and casinos for compliance. These checks will be part of existing inspections.
Enforcement of the law will be largely complaint driven. Citizens can file complaints in writing if they believe the law is not being followed. The penalty for smoking in a non-smoking area can be a misdemeanor charge with a fine up to $100. Penalties for business owners that do not comply can include a misdemeanor charge and a fine of up to $500.
More information about the Clean Indoor Air Act is available by on the DPHHS Web site at www.dphhs.mt.gov. Click on Clean Indoor Air Act under Features.
Beginning Monday, Montanans can also call 1-866- 787-5AIR (866-787-5247).
Page last updated: 01/30/2012
