H.B. 273

1

INDOOR SMOKING AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis Oda
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the Indoor Clean Air Act.
10 Highlighted Provisions:
11 This bill:
12 . permits smoking in fraternal organizations, class B private clubs, until January 1,
13 2009.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 This bill provides an immediate effective date.
18 Utah Code Sections Affected:
19 AMENDS:
20 26-38-3, as last amended by Chapter 202, Laws of Utah 2006
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 26-38-3 is amended to read:
24 26-38-3. Restriction on smoking in public places and in specified places --
25 Exceptions.
26 (1) Except as provided in Subsection (2), smoking is prohibited in all enclosed indoor
27 places of public access and publicly owned buildings and offices.

28 (2) Subsection (1) does not apply to:
29 (a) areas not commonly open to the public of owner-operated businesses having no
30 employees other than the owner-operator;
31 (b) guest rooms in hotels, motels, "bed and breakfast" lodging facilities, and other
32 similar lodging facilities, but smoking is prohibited under Subsection (1) in the common areas
33 of these facilities, including dining areas and lobby areas;
34 (c) before January 1, 2009[,]:
35 (i) taverns, as defined in Section 32A-1-105 , that are licensed on or before May 15,
36 2006; and
37 [(d) (i) before January 1, 2007, class A, B, and C private clubs, as defined in Section
38 32A-5-101 ;]
39 [(ii) before January 1, 2009, class D private clubs, as defined in Section 32A-5-101 ,
40 that are licensed on or before May 15, 2006; and]
41 (ii) class B and class D private clubs, as defined in Section 32A-5-101 , that are
42 licensed on or before May 15, 2006; and
43 [(e)] (d) separate enclosed smoking areas:
44 (i) located in the passenger terminals of an international airport located in the city of
45 the first class;
46 (ii) vented directly to the outdoors; and
47 (iii) certified, by a heating, ventilation, and air conditioning engineer licensed by the
48 state, to prevent the drift of any smoke to any nonsmoking area of the terminal.
49 Section 2. Effective date.
50 If approved by two-thirds of all the members elected to each house, this bill takes effect
51 upon approval by the governor, or the day following the constitutional time limit of Utah
52 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
53 the date of veto override.




Legislative Review Note
as of 1-10-07 9:43 AM

Office of Legislative Research and General Counsel