50-40-204. Smoke-free buildings -- designated smoking areas. (1) In buildings both owned and occupied by the state, smoking is prohibited in the following areas:
     (a) general office space;
     (b) auditoriums, classrooms, and conference rooms;
     (c) elevators;
     (d) corridors, lobbies, restrooms, and stairways;
     (e) medical care facilities;
     (f) libraries; and
     (g) hazardous areas.
     (2) (a) Subject to subsection (1), in state-owned buildings, an agency head shall establish at least one designated smoking area in the building occupied by the agency, provided that the building is suited by architectural design and functional purpose to have a designated smoking area as defined in 50-40-203.
     (b) Buildings in the Montana university system and buildings housing items of artistic or historic value that may be damaged by smoke are exempt from the provisions of subsection (2)(a).
     (3) In establishing designated smoking areas, as provided in subsection (2), an agency head shall consider:
     (a) the number of smokers and nonsmokers in the agency;
     (b) the building ventilation system;
     (c) the availability of space;
     (d) the protection of nonsmokers from involuntary exposure to smoke; and
     (e) available resources.
     (4) (a) Agencies in multitenant buildings are encouraged to work together to identify designated smoking areas.
     (b) The legislature shall establish designated smoking areas in the capitol in areas used by the legislature.

     History: En. Sec. 3, Ch. 539, L. 1991; amd. Sec. 5, Ch. 389, L. 1993; amd. Sec. 32, Ch. 308, L. 1995.