An unofficial draft of rules to implement new legislation modifying Montana s Clean Indoor Air Act were sent Aug. 29 from the Montana Department of Health and Human Services to the Secretary of State s Office for minor massaging before pending publication in the Administrative Register.
A public hearing on the rules has been set for Sept. 30 via the state s Metnet system at various locations throughout the state (see conclusion of this story).
House Bill 643, passed in the last legislative session, essentially calls for ending smoking in all enclosed work places by Oct. 1, 2005, with an exception granted to businesses licensed for adult beverage sales or gaming and which derive 60 percent or more of their revenues from alcohol or gambling. Those businesses must end indoor smoking by Oct. 1, 2009.
The draft rules include a definitions section, a procedure for applying for a certification of qualification for exception, a section on inspections and enforcement, and a complaint procedure.
The rules also as does the statute prohibit smoking in any enclosed area accessible by those under the age of 18.
It is noted violations are misdemeanors and so, following an investigation and determination by a local health department official, it will be filed with the local county attorney, so violations, also in accordance with the statute, will not be counted as liquor violations and marked against a license holder.
Finally, a section explains the need for the rules, but qualifies that need by stating, Because the law is very specific in its requirements, the need for rules to implement them is limited.
And so the draft rules, too, are limited in scope.
In the opinion of Montana Tavern Association attorney Mark Staples, the rules seem to generally reflect the intent of the statute and the Montana Legislature, allowing for reasonable implementation.
Implementation and enforcement are going to require some common sense and finesse, and everyone on both sides knew it would, Staples said.
Obviously most business owners and MTA would have preferred the status quo, but for reasons stated and restated we have a negotiated settlement via the Legislature, he said. Some adjustments in business operations will have to be made.
Staples added, Even if we had killed the bill or managed to win an initiative drive state-wide and got permanent exemptions, we still would have had as all exemptions do age restrictions some states are 21 and there would be some defining process differentiating between a bar which is exempt and a restaurant which is not.
With the rules public hearing scheduled for Sept. 30, it is clear they won't be finalized until after the law is scheduled to take effect Oct. 1. Staples said that will require a grace period to allow licensees to make whatever modifications they may need to be in compliance, and I believe the department is aware of that.
And it needs to be understood that currently changes to any premise have to be approved by the Department of Revenue and the Department of Justice before they can be made, he said. So licensees will need a streamlined process for that.
Officials need to know licensees will be making an honest effort to comply, so I trust there s going to be an understanding.
In Montana, we have a lot of member small businesses where we have a mix of bar, casino and family dining offerings all in one space, Staples noted. To keep the exemption, some places will have to make some adjustments to not expose minors to smoke.
In some places it could be as simple as putting a door between a bar/casino and a dining area, he continued. Other places may have to be more creative. But regulators will also have to be reasonable in finding ways to deal with these changes. That general reasonableness was the basic underlying principle upon which the deal was made, and was the Legislature s intent.
The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct the hearing.
interested persons may submit their data, views or arguments either orally or in writing at the hearing.
Written data, views or arguments may also be submitted to Gwen Knight, Office of Legal Affairs, Department of Public Health and Human Services, P.O. Box 202951, Helena, MT 59620-2951, no later than 5 p.m. on October 6, 2005.
Data, views or arguments may also be submitted by facsimile (406) 444-1970 or by electronic mail via the internet to
dphhslegal@mt.gov.
Following is the hearings schedule and locations.
On Sept. 30, 2005, at 1:30 p.m., a public hearing will be held by Metnet Conference at the following Metnet sites:
The Metnet studio and auditorium in the basement of the Department of Public Health and Human Services Building, 111 N. Sanders, Helena'; Montana State University at Billings, 214 N. Broadway, 1st Floor Conference Center, Billings'; and Montana State University, EPS Building, So. 7th and Grant, Burns Center, Room 126, Bozeman.
Montana Tech, 1300 West Park Street, ELCB, Room 225, Butte'; University of Montana Western Montana College, 710 South Atlantic, STC 2nd Floor, Board Room 201, Great Room 203, 204, Dillon'; and Great Falls College of Technology of Montana State University, 2100 16th Avenue S., Room B-133, Great Falls.
Montana State University - Northern, 300 11th Street West, Hagener Science Center, Room 202, Havre'; Flathead Valley Community College, 777 Grandview Drive, Learning Resource Cntr., Room 120, Kalispell'; Miles Community College, 2715 Dickenson Street, Room 106, Miles City'; and University of Montana, Corner of Arthur and Eddy, Gallagher Building, Room 104, Missoula.
Source: Montana Tavern Times, Sept. 2005, published monthly by Continental Communications, 800-406-5698, 125 W. Granite St., Suite 102, Butte, MT 59701.[/b>