H.B. 166

1

UTAH INDOOR CLEAN AIR ACT
2 AMENDMENTS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Paul Ray
6
7 LONG TITLE
8 General Description:
9 This bill modifies the local ordinances provision of the Utah Indoor Clean Air Act.
10 Highlighted Provisions:
11 This bill:
12 . allows the governing body of a local political subdivision to provide more stringent
13 restrictions on smoking within a political subdivision than those provided by the
14 Utah Indoor Clean Air Act.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 26-38-6, as enacted by Chapter 281, Laws of Utah 1994
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 26-38-6 is amended to read:
25 26-38-6. Local ordinances.
26 (1) This chapter supersedes any ordinance enacted by the governing body of a political
27 subdivision that restricts smoking and that is not essentially identical to the provisions of this

28 chapter[.], except as otherwise provided in Subsection (2).
29 (2) Nothing in this chapter prevents the governing body of a local political subdivision
30 from enacting an ordinance that provides more stringent restrictions on smoking within the
31 political subdivision than those provided in this chapter, conditioned on it being consistent with
32 the provisions of this chapter.




Legislative Review Note
as of 12-3-04 9:29 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel