H.B. 168

1

SMOKE-FREE WORKPLACE LAW
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Scott Daniels
5 This act modifies the Utah Indoor Clean Air Act. The act amends the exclusions to the act.
6 The act requires taverns and private clubs to comply with the clean air act.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 26-38-2, as last amended by Chapter 196, Laws of Utah 1997
10 26-38-3, as enacted by Chapter 281, Laws of Utah 1994
11 26-38-8, as enacted by Chapter 281, Laws of Utah 1994
12 REPEALS:
13 26-38-4, as enacted by Chapter 281, Laws of Utah 1994
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 26-38-2 is amended to read:
16 26-38-2. Definitions.
17 As used in this chapter:
18 (1) "Place of public access" means any enclosed indoor place of business, commerce,
19 banking, financial service, or other service-related activity, whether publicly or privately owned
20 and whether operated for profit or not, to which persons not employed at the place of public access
21 have general and regular access or which the public uses, including:
22 (a) buildings, offices, shops, elevators, or restrooms;
23 (b) means of transportation or common carrier waiting rooms;
24 (c) restaurants, cafes, or cafeterias;
25 (d) taverns or cabarets;
26 (e) private clubs licensed under Title 32A, Chapter 5, Private Club Liquor License;
27 [(e)] (f) shopping malls, retail stores, grocery stores, or arcades;

28 [(f)] (g) libraries, theaters, concert halls, museums, art galleries, planetariums, historical
29 sites, auditoriums, or arenas;
30 [(g)] (h) barber shops, hair salons, or laundromats;
31 [(h)] (i) sports or fitness facilities;
32 [(i)] (j) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
33 breakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways,
34 elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these;
35 [(j)] (k) any child care facility subject to licensure under this title, including those operated
36 in private homes, when any child cared for under that license is present;
37 [(k)] (l) public or private elementary or secondary school buildings and educational
38 facilities or the property on which those facilities are located, but adults may smoke in designated
39 smoking areas in private schools or educational facilities or on the grounds of private schools or
40 facilities during nonschool hours; and
41 [(l)] (m) any area where the proprietor or manager of the area has posted a conspicuous
42 sign stating "no smoking", "thank you for not smoking", or similar statement.
43 [(2) "Private club" means a private club licensed under Title 32A, Chapter 5, Private Club
44 Liquor Licenses.]
45 [(3)] (2) "Publicly owned building or office" means any enclosed indoor place or portion
46 of a place owned, leased, or rented by any state, county, or municipal government, or by any
47 agency supported by appropriation of, or by contracts or grants from, funds derived from the
48 collection of federal, state, county, or municipal taxes.
49 [(4)] (3) "Smoking" means the possession of any lighted tobacco product in any form.
50 Section 2. Section 26-38-3 is amended to read:
51 26-38-3. Restriction on smoking in public places and in specified places --
52 Exceptions.
53 (1) Smoking is prohibited in all enclosed indoor places of public access and publicly
54 owned buildings and offices, except under Subsection (2).
55 (2) Subsection (1) does not apply to:
56 (a) (i) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
57 religious organization when used solely by the organization members or their guests or families;
58 or

59 (ii) any facility rented or leased for private functions from which the general public is
60 excluded and arrangements for the function are under the control of the function sponsor;
61 (b) workplace smoking areas as provided in Section 26-38-5 ;
62 (c) areas not commonly open to the public of owner-operated businesses having no
63 employees other than the owner-operator;
64 (d) guest rooms in hotels, motels, "bed and breakfast" lodging facilities, and other similar
65 lodging facilities, but smoking is prohibited under Subsection (1) in the common areas of these
66 facilities, including dining areas and lobby areas; and
67 [(e) taverns, as defined in Section 32A-1-105 ;]
68 [(f) private clubs; and]
69 [(g)] (e) separate enclosed smoking areas:
70 (i) located in the passenger terminals of an international airport located in the city of the
71 first class;
72 (ii) vented directly to the outdoors; and
73 (iii) certified, by a heating, ventilation, and air conditioning engineer licensed by the state,
74 to prevent the drift of any smoke to any nonsmoking area of the terminal.
75 Section 3. Section 26-38-8 is amended to read:
76 26-38-8. Penalties.
77 (1) A first violation of Section 26-38-3 [, 26-38-4 ,] or 26-38-5 is subject to a civil penalty
78 of not more than $100.
79 (2) Any second or subsequent violation of Section 26-38-3 [, 26-38-4 ,] or 26-38-5 is
80 subject to a civil penalty of not less than $100 and not more than $500.
81 Section 4. Repealer.
82 This act repeals:
83 Section 26-38-4, Adjoining private clubs and public places -- Grandfather provisions.




Legislative Review Note
as of 1-31-02 1:46 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel