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Clean Air

Clean Air

There is no safe level of exposure to tobacco smoke. Secondhand smoke is proven to cause heart disease, cancer, and many other diseases.

All people have a fundamental right to breathe clean air. Smokefree environments eliminate all smoking indoors and in common places of gathering, such as parks and rodeos, and are the only proven way to protect people from secondhand smoke exposure.

The Montana Tobacco Use Prevention Program (MTUPP) offers model policies, no cost signage and materials, and assistance to any organization wishing to implement tobacco-free policies. For help, contact MTUPP's Policy Specialist.

Montana Clean Indoor Air Act

The Montana legislature passed the Clean Indoor Air Act (CIAA), one of the most important public health policies in state history, in 2005.

The law requires all enclosed public places and workplaces, including work vehicles, or vehicles that serve as a place of work, and vehicles accessible to the public, such as taxis and buses to be smokefree; and it requires businesses to prominently place smokefree signs on all public entrances. The Montana Department of Public Health and Human Services has adopted these rules.

The health benefits of the Clean Indoor Air Act are three-fold:

  1. Patrons and workers alike are protected from the deadly health effects of secondhand smoke exposure.
  2. More people who smoke will try to quit.
  3. Fewer Montana youth will begin smoking.

 Report a Clean Indoor Air Act Violation                                           Clean Indoor Air Act Frequently Asked Questions

How does the Clean Indoor Air Act apply to Reservations in Montana?

The Montana Clean Indoor Air Act, §§50-40-101, et seq., MCA (CIAA or the “Act”), prohibits smoking in enclosed public places, subject to various exceptions.  The Act is enforced by the Montana Department of Public Health and Human Services or its designees, or local boards of health or board designees.  §50-40-108, MCA.   A person or entity that owns or operates a facility is guilty of a misdemeanor upon a third violation of the CIAA, and subject to various monetary penalties.

The application of a state law, like the Clean Indoor Air Act, within the boundaries of an Indian Reservation is a question of federal law.  State laws are not generally applicable to Indians on the Indian reservation of their enrollment, except when Congress has expressly intended that State law shall apply, or in certain exceptional circumstances.  See, e.g., Gobin v. Snohomish County, 304 F.3d 909 (9th Cir. 2002).   State laws generally apply to non-tribal member activities on non-tribal lands within an Indian reservation unless preempted by federal law.  See, e.g., White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980); Strate v. A-1 Contractors, 520 U.S. 438 (1997).

Under federal law, the Clean Indoor Air Act applies on Reservations as follows:

  • The CIAA does not apply to public facilities owned and operated by tribal governments or tribal members within their reservation of enrollment.

  • The CIAA does apply to non-member owned public facilities operating on non-tribal lands within reservations.

The Washington State Attorney General’s Office has developed a legal opinion on the application of that state’s clean indoor air act.  This opinion is consistent with the guidelines provided above and contains helpful legal analysis.  The opinion is available at: Washington State Attorney General's Legal Opinion.

In addition, MCA § 50-40-104, section states a site that is being used in connection with the practice of cultural activities by American Indians that is in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a.


The Importance of Including E-Cigarettes in Smokefree Laws

Air free of both smoke and e-cigarette aerosol should be the goal and standard for public health.

Six counties in Montana have incorporated e-cigarettes into their local smokefree laws, further protecting their communities from the dangerous exposure of secondhand smoke.

E-Cigarette Fact Sheet      The importance of including e-cigarettes in smokefree laws      E-cigarettes and youth

The Montana Tobacco Use Prevention Program is offering assistance to any localities or businesses within the state that are interested in prohibiting alternate smoking device use and including e-cigarettes in their smokefree laws.


Tobacco-Free Environments

For more information on these topics, click the button to the left.

Smokefree Housing

Smokefree Housing

The Montana Clean Indoor Air Act (MCIAA) does not regulate smoking in individual apartments; however, landlords have the right to implement smokefree policies. The Housing and Urban Development Department implemented a smokefree rule, requiring all HUD funded units go smokefree by 2018. Also, many private landlords implement smokefree policies in their multi-unit housing facilities to protect their tenants from the dangers associated with smoking.

Tobacco-Free Schools

Tobacco-Free Schools, Colleges, and Universities

To protect youth and young adults from the dangers of tobacco use and secondhand smoke exposure, MTUPP partners with the Montana Office of Public Instruction for K-12 schools and The BACCHUS Initiative of NASPA for colleges and universities to create tobacco-free policies and provide tobacco prevention educational resources.

 

Tobacco-Free Medical Campuses

Tobacco-Free Policies for Medical Campuses

In July 2007, the Montana Tobacco Use Prevention Program started an initiative to assist hospitals and medical facilities in Montana with the development and implementation of campus-wide tobacco-free policies. Such policies support the organization’s mission to improve the health of community members and address the number one cause of preventable disease and death - tobacco use.

TOBACCO-free event

Tobacco-Free Events

Tobacco has been a part of rodeo culture – but it does not have to be. Montana has become one of two states in the nation to have a tobacco-free high school rodeo! Tobacco-free events foster a healthy environment and model healthy behaviors for the youth who attend. The Montana Tobacco Use Prevention Program offers a model tobacco-free event policy and assistance to any organization that wishes to implement a tobacco-free policy.

 

tobacco-free Parks

Tobacco-Free Parks

Tobacco-free parks promote positive community role modeling and protect the health, safety, and welfare of community members. Secondhand smoke levels in outdoor public places can reach levels as high as those found in indoor facilities where smoking is permitted. MTUPP has developed a  model tobacco-free parks policy that is free to use by any organization that wishes to implement a tobacco-free policy.

 

 

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