Latest news with #MontanaCleanIndoorAirAct
Yahoo
19-05-2025
- Politics
- Yahoo
Cigar bar bill fails, but Clean Indoor Air Act now includes e-cigarettes
E-cigarettes (Wikimedia Commons) A bill to strengthen the Montana Clean Indoor Air Act by including e-cigarettes and vape pens was signed into law earlier this month by Republican Gov. Greg Gianforte. Sen. Willis Curdy, D-Missoula, said Monday he had worked on Senate Bill 390 for several sessions with support from youth advocates and public health workers. 'This is long overdue,' Curdy said. The law now defines 'smoking,' which is prohibited indoors, to include using an electronic smoking device. The bill was one of a couple pieces of legislation in 2025 tied to the Montana Clean Indoor Air Act. However, Senate Bill 150, to create an exemption in the act that allowed for cigar rooms, failed in its last vote during the legislative session. Curdy said SB 390 was near and dear to him as a former high school teacher, and he and former legislator Fred Anderson, a Great Falls Republican and school principal, had talked about the effects on youth. 'I got some support from folks — quite a bit of support from folks — who had in the past opposed the bill,' Curdy said. He said some previous opponents came around after 'an epiphany with their own health,' and others after learning about the negative health consequences of e-cigarettes and vape pens. Curdy also said more work needs to be done to strengthen the Montana Clean Indoor Air Act, and he is interested in additional legislation, although he declined to cite specifics Monday. However, he said persistence at the Montana Legislature paid off with SB 390. 'It was a matter of perseverance,' Curdy said. After clearing the Senate, a bill that would have created an exception in the Montana Clean Indoor Air Act for cigar rooms failed in the House in its last vote after some representatives changed their votes. Sponsored by Sen. Wylie Galt, R-Martinsdale, the bill passed the House on second reading with 51 votes, but then it failed with only 45 votes in support on third reading. The bill was backed by the tourism and hospitality industry, and supporters argued Montana is at a disadvantage as a luxury destination because it cannot offer a place where cigar aficionados can legally smoke indoors. Public health advocates opposed the bill, pointing to detrimental effects of second-hand smoke. Some also alleged the bill would run contrary to an agreement made when Montana first passed the Clean Indoor Air Act in 2005 but gave bars four years to comply. Originally, the bill would have allowed cigar bars in standalone structures, but it was amended to create an exception for cigar rooms with separate ventilation instead. Galt said Monday he believes that change, along with an amendment that included a study related to gambling machines and opposed by the industry, might have ended up sinking the bill. Galt has worked on the bill for many sessions, and he earlier said cigar bars are legal in many other states. He said Monday he'll continue to pursue the opportunity for Montana. 'I do intend on running it again next session with some of the amendments we worked on,' Galt said in a text message Monday. 'Tenth year may be my lucky year.' Jackie Semmens, with the American Heart Association, had opposed SB 150 during the Montana Legislature. Semmens said Monday an amendment in the House Business and Labor Committee 'would have essentially brought back smoking sections to Montana bars.' But she said 'there is no safe level of second-hand smoke,' and she believes the change might have contributed to the demise of the bill. 'This really upset our members, who called their legislators to ask them to vote 'no' on SB 150,' said Semmens, government relations director for Montana for the association. 'Montanans by and large don't want to return to the days of smoking in bars.' However, in a phone call and email, Semmens also praised the addition of e-cigarettes to the Clean Indoor Air Act. 'We believe that the addition of e-cigarettes to the Clean Indoor Air Act was an important update to the law given the youth vaping epidemic,' Semmens said. 'Nicotine in any form is an addictive drug, and we want to send a clear message to youth in Montana that vaping is not safe for you or for people around you. 'We also hope this will inspire more interest in what else Montana can do to help curb the youth vaping epidemic.'
Yahoo
18-04-2025
- Business
- Yahoo
Cigar bill to create exemption in Clean Indoor Air Act advances
The Montana State Capitol in Helena on Wednesday, April 26, 2023. (Photo by Mike Clark for the Daily Montanan) A bill to create an exemption for cigar rooms from the Montana Clean Indoor Air Act is headed to the House floor — and legislation to strengthen the Act by including e-cigarettes and vape pens in the definition of smoking is headed to the governor's desk. Senate Bill 150, sponsored by Sen. Wylie Galt, R-Martinsdale, is an attempt to help the hospitality and tourism industry in the state by allowing places where cigar aficionados can legally smoke indoors. Galt said cigar bars are legal in many states, and a supporter representing the hospitality industry said the lack of an exemption here means Montana is at a competitive disadvantage. In a statement Friday, Galt said he's pleased with the progress the bill has made. 'Adults over 21 years of age would have the option to enjoy a cigar in a contained location that meets proper ventilation requirements separate from an established bar or restaurant,' Galt said. Opponents of the bill argue it undercuts an agreement made decades earlier among legislators, some health advocates and the Montana Tavern Association to put the Clean Indoor Air Act in place in 2005 but allow four years for bars to comply. The Department of Public Health and Human Services describes it as 'one of the most important public health policies in state history.' Montana Tavern Association spokesperson John Iverson could not be reached for comment Friday. However, at a hearing in March, Iverson told the House Committee on Business and Labor that his board had a robust debate about the bill and didn't support it because it undercuts the Clean Indoor Air Act. 'It does that by exposing employees to smoke in their workplace,' Iverson said. 'For a long time now, our employees have not been exposed to smoke in their workplace.' But Iverson said the organization would support the bill if it was amended to prohibit employees from entering the room where patrons are smoking and the room had separate ventilation. This week, the committee voted on an amendment that changed the venue from 'cigar bar' to 'cigar room' and said employees can't enter the room while smoking is taking place unless there's an emergency. As currently drafted, the bill would allow smoking of premium cigars in 'cigar rooms,' separate enclosed spaces on premises that have a license to serve alcohol. Patrons wouldn't be able to smoke anything but premium cigars in those rooms, as the bill is written. So no marijuana or cigarettes. The bill requires a cigar room to be enclosed and have 'a solid door' and a ventilation system that doesn't send exhausted air to nonsmoking areas. Thursday, the committee approved the bill on a 12-8 party line vote. In a phone call Friday, CB Pearson, a public health advocate, said the legislation is worse than originally drafted for the health of workers. 'It is the biggest intrusion into the Clean Indoor Air act and the biggest threat that we have faced over the last 20 years,' Pearson said. Pearson said one reason he believes the current draft is worse is the original bill required a cigar bar to be a separate, standalone structure, and the amended version allows for a separate room in a building. But he said rooms leak toxic particulates, such as when someone opens a door. The American Society of Heating, Refrigerating and Air-Conditioning Engineers' position is that even when 'all practical means of separation and isolation of smoking areas are employed, adverse health effects from exposure in non-smoking spaces in the same building cannot be eliminated.' It also means an employee who enters the room after hours to clean is exposed to particulates because they fall on the floor and stick to the walls, Pearson said. 'There is no way to have a facility that can protect workers if they have to go in and clean up or attend to a site,' Pearson said. Before it was amended, Galt told the House committee he had been running a version of the cigar bar bill since he first started in the legislature in the House. 'We have continued working on it, trying to tweak it where we can,' Galt said. Friday, Galt said the idea the bill is worse for public health than when it started is incorrect because it bans employees from entering those rooms. 'During the legislative process, the bill was amended to be contained to a single room in which employees aren't permitted to enter,' Galt said. 'While this wasn't my original language, it is the result of the legislative process, and I am glad to see it one step closer to becoming law.' The bill will head to the House floor as amended. Another bill that affects the Clean Indoor Air Act is Senate Bill 390, sponsored by Sen. Willis Curdy, D-Missoula. It regulates vapes and e-cigarettes. It passed out of the Senate on Tuesday on a bipartisan 34-16 vote after being amended in the House. Rep. George Nikolakakos, R-Great Falls, carried the bill in the House, and he said he's generally a fan of vices. However, he said he believes there's a social contract that needs to be honored when it comes to freedom and vices, and the deal includes regulation. He said Montanans support the Clean Indoor Air Act — a poll said as much as 89% — and Montana has the second highest rate in the nation of vape use, and four times the rate of smoking among adolescents. 'E-cigarettes came into the market just after we passed the Clean Indoor Air Act, so honestly, they probably would have been included had this been on the market at the time,' Nikolakakos said. The Governor's Office did not respond to a question Friday about whether Gov. Greg Gianforte would sign SB 390, which is headed to his desk, or if he would have any concerns about an exemption to the Clean Indoor Air Act in SB 150.
Yahoo
31-01-2025
- Business
- Yahoo
Bill to allow cigar bars in Montana spurs debate
Cigar in ashtray (Martin Vorel/Common Creative license) If Montana allows cigar bars, residents and tourists will be able to enjoy a 'premium, hand rolled cigar' on their visits, one proponent argued. 'A lot of folks are looking for a particular hospitality experience when they come visit our state and other areas, and we believe Senate Bill 150 goes a long way in allowing for this unique opportunity in limited circumstances,' said Jessie Luther, on behalf of the Hospitality & Development Association of Montana. But the bill, heard Thursday in the Senate Business, Labor and Economic Affairs committee, would hurt workers who don't have a choice about the air they breathe, and it would undermine the Montana Clean Indoor Air Act passed in 2005, opponents said. 'I feel like it's like a step backwards in time if we allow this to occur,' said Mitch Bradley, who said he saw his father suffer the consequences of smoking. Sen. Wylie Galt, R-Martinsdale, said he's been bringing similar legislation since 2017, and it's a heavy lift. But Galt said 12 other states exempt cigar bars from their clean indoor air acts, and he believes Montana can do the same with a narrowly crafted exception. 'We are not new in any of this,' Galt said. A representative for the Cigar Association of America said the bill has 'pretty good sideboards,' and the group would support the bill with an unspecified amendment, although Galt said he wasn't sure he'd consider it friendly. The bill would allow a cigar bar endorsement for businesses under certain conditions, including ones that hold an all-beverages license and gaming or gambling license, only offer cigars sold on site, and don't allow other tobacco or marijuana products, among other conditions. Opponents at the hearing, including high school students and public health representatives, argued the bill would reverse progress in Montana and set a dangerous precedent that would open the door for marijuana bars and hookah bars. Several other bills related to smoking and vaping also are under consideration at the Montana Legislature. In a separate hearing on Thursday, Sen. Becky Beard, R-Elliston, pitched Senate Bill 98, which would tax traditional cigarettes and ones that are 'heat-not-burn,' or HBN, differently. Beard said HBN would be taxed at 85 cents a pack compared to traditional cigarettes at $1.70 a pack. Beard said one-in-eight Montana adults smoke, most from lower income levels, and the bill would provide harm reduction and help people quit. The products heat tobacco, releasing a vapor as opposed to actually burning the cigarette. Philip Morris International supported the bill and argued a product with less risk should also be taxed less. However, representatives from the American Lung Association of Montana, Montana Chapter of the American Academy of Pediatrics, Montana Academy of Family Physicians, and American Heart Association spoke in opposition to the bill. Jackie Semmens, with the American Heart Association in Montana, said heat-not-burn cigarettes are a new area for the tobacco industry, which has 'historically and consistently' misled the public about the health impacts of its products. 'These products have not been around long enough to fully understand their dangers,' said Semmens, who also said HNB cigarettes are not approved cessation devices. At the hearing about cigar bars, one opponent pointed to a poll that shows 89% of Montanans support the Clean Indoor Air Act. A 2021 study from New Bridge Strategy also found three quarters of Montanans were concerned about tobacco use. Dr. Richard Sargent, co-author of a medical study that showed heart attacks dropped 40% in Helena when a local smoking ban was enforced a couple of decades ago — and ticked back up after the ban was overturned — said said cigar smoke is not special or different than cigarette smoke. Sargent said the legislation would be a violation of the Clean Indoor Air Act, which protects employees and nonsmokers. 'We don't really think that anybody should be granted their own personal exemption from that law,' Sargent said. Sargent also said the amount of ventilation that would be needed to ensure clean air indoors is cost prohibitive based on studies from engineers. Sen. Bob Phalen, R-Lindsay, said people have to breathe in smoke during forest fires, but with cigar smoke, they can choose. Phalen also said he wears a nicotine patch to prevent disease. 'I see no problem with a cigar bar,' Phalen said. Sargent said nicotine is a normal neurotransmitter in the brain but there is no benefit to the human body from excess. In response to a question, he also said an N95 mask will only filter about 5% of the particles in 'side stream' smoke, or smoke from a cigar or cigarette that goes directly into the air. A fresh air supply through a vented suit would be needed to truly protect an employee from contaminants, Sargent said. Chair Mark Noland, R-Bigfork, said if the bill passes, he would like to ensure health inspectors have access to full respirators, which he estimated at $275 apiece. 'We can do that to safeguard anybody going in so they don't have to be exposed,' Noland said. Lisa Dworak, with the Confluence Public Health Alliance, representing nearly every health department in the state, opposed the bill, in part because she said the enforcement piece is confusing. Dworak said it appears the Department of Public Health and Human Services would enforce the bill, but doing so would run contrary to its mission. C.B. Pearson, who has worked on tobacco disease prevention for 45 years including in Montana, said the state's act was a compromise in 2005. He said one concern at the time was that the legislation never be penetrated. 'Today, we're seeing that, and we have seen that before, but I think this is a more serious challenge,' Pearson said. The American Heart Association, Montana Medical Association and Association of Montana Public Health Officials also opposed the bill. The committee did not take immediate action on the cigar bar bill, and Galt said he will bring an amendment for minor changes, including to drop the amount of gross income businesses need to generate from cigars to operate to be more realistic. The bill to assess taxes differently for heat-not-burn cigarettes also had not been voted on Thursday, according to an online legislative status update.
