The Montana Clean Indoor Air Act (CIAA) bans smoking in all enclosed areas that are open to the public or are workplaces, including restaurants, bars, nontribal gaming facilities, and motor vehicles used by the public ( MT Code Sec. 50-40-101et seq.) .
Exemptions. Exempted from the law are:
• Private homes unless used as a daycare facility or foster home
• Up to 35 percent of hotel and motel rooms
• Sites of religious and cultural ceremonies of Native Americans
Under the CIAA, businesses must post "No smoking" signs at pubic entrances. Ashtrays must be removed from all areas under the prohibition. Free and downloadable signs are available from the state at http://dphhs.mt.gov
Penalties. The Act is enforced by the state Department of Public Health and Human Services (DPHHS) and local health departments. The owner or manager who controls a place of employment and who fails to comply with the Law is subject to fines up to $100 for the first three violations, $200 for a fourth violation, and $5,000 for a fifth violation. The owner or manager may be charged with a misdemeanor after the third violation.