TRENTON Bowling alley owners, who oppose an imminent statewide ban on indoor smoking, have filed a lawsuit asserting that Richard J. Codey does not have the authority to sign the measure into law. In its filing Tuesday, the Bowling Proprietors Association of New Jersey claims that his service as governor ended with the passing of the 211th Legislature, which formally ended Tuesday morning. Codey, who is state Senate president, became acting governor in November 2004 after Gov. James E. McGreevey resigned. The bowling group maintains that Codey is no longer governor because the new Senate term does not begin until Jan. 17. That assertion was disputed by Statehouse officials, who said the new term began at noon Tuesday. Hours later, Codey delivered the governor’s annual State of the State address to a joint session of the Legislature. Codey plans to sign the smoking ban Sunday. It would take effect 90 days later. Codey’s office deferred comment on the lawsuit to the state Attorney General’s Office. A spokesman for the Attorney General’s Office, Paul Loriquet, said that because Codey was re-elected as Senate president on Tuesday he has resumed the duties of governor. The suit, filed in state Superior Court for Mercer County, asks a judge to bar Codey from acting as governor. The group maintains that Attorney General Peter J. Harvey is now acting governor until Jan. 17, when Gov.-elect John S. Corzine is sworn in. Told that state legislators and others still consider Codey governor, bowling association vice president Thomas Martino said, ``I’m not in the habit of filing frivolous lawsuits.’’ The association claims the smoking ban will drive away customers, forcing some owners to close and others to cut staff. The new law would ban smoking in restaurants, bars and most other indoor public places with the exception of casino floors. It passed the Assembly 64-12, with two abstentions, on Monday. The state Senate passed the measure 29-7 on Dec. 15. Codey is now officially called ``governor,’’ under a law he signed Monday that gives that title to anyone who served as acting governor for more than six months since 2001.