Bill clarifies smoking ban authority

Publication Date: 2010-12-02

• Publication:Billings Gazette

Two key legislators are sponsoring a bill to allow county commissioners to delegate authority to local public health boards to impose countywide smoking bans.

The bill, favored by the two chairmen of the state Legislature's Labor, Health and Social Services committee, is aimed at answering questions about the authority of these boards to regulate smoking inside businesses within counties.

Sen. Charles Scott, R-Casper, chairman of the Senate committee, said he asked that the bill be drafted after reading about a lawsuit filed to block a smoking ban in Teton County.

The Casper-Natrona County Board of Health recently declined to pursue a workplace smoking ban in part because of the Teton County lawsuit, which is pending.

“Why fight over this? Let's make the law very clear,” Scott said.

Although cities have authority to adopt smoking bans, bars and restaurants located outside city limits are not covered.

“If you do it countywide, you can't do that,” Scott said. “It makes more sense to do it on a countywide basis.”

A statewide smoking ban would be better, he added, but the Legislature doesn't seem to be ready to take that step.

Rep. Elaine Harvey, R-Lovell, chairwoman of the House committee, and Rep. Dan Zwonitzer, R-Cheyenne, are co-sponsors of the bill.