S.B. 77

1

AMENDMENTS TO INDOOR CLEAN AIR ACT
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael G. Waddoups
5
6 LONG TITLE
7 General Description:
8 This bill amends the Indoor Clean Air Act to remove the exemption for private clubs
9 and taverns.
10 Highlighted Provisions:
11 This bill:
12 . removes the exemption for private clubs and taverns from the Indoor Clean Air Act;
13 . repeals the section of the Indoor Clean Air Act that grandfathered adjoining private
14 clubs and public places that shared ventilation systems and were built prior to 1995;
15 and
16 . makes technical amendments.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 26-38-3, as enacted by Chapter 281, Laws of Utah 1994
24 26-38-8, as enacted by Chapter 281, Laws of Utah 1994
25 REPEALS:
26 26-38-4, as enacted by Chapter 281, Laws of Utah 1994
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 26-38-3 is amended to read:
30 26-38-3. Restriction on smoking in public places and in specified places --
31 Exceptions.
32 (1) Smoking is prohibited in all enclosed indoor places of public access and publicly
33 owned buildings and offices, except under Subsection (2).
34 (2) Subsection (1) does not apply to:
35 (a) (i) any building owned, rented, leased, or otherwise operated by a social, fraternal,
36 or religious organization when used solely by the organization members or their guests or
37 families; or
38 (ii) any facility rented or leased for private functions from which the general public is
39 excluded and arrangements for the function are under the control of the function sponsor;
40 (b) workplace smoking areas as provided in Section 26-38-5 ;
41 (c) areas not commonly open to the public of owner-operated businesses having no
42 employees other than the owner-operator;
43 (d) guest rooms in hotels, motels, "bed and breakfast" lodging facilities, and other
44 similar lodging facilities, but smoking is prohibited under Subsection (1) in the common areas
45 of these facilities, including dining areas and lobby areas; and
46 [(e) taverns, as defined in Section 32A-1-105 ;]
47 [(f) private clubs; and]
48 [(g)] (e) separate enclosed smoking areas:
49 (i) located in the passenger terminals of an international airport located in the city of
50 the first class;
51 (ii) vented directly to the outdoors; and
52 (iii) certified, by a heating, ventilation, and air conditioning engineer licensed by the
53 state, to prevent the drift of any smoke to any nonsmoking area of the terminal.
54 Section 2. Section 26-38-8 is amended to read:
55 26-38-8. Penalties.
56 (1) A first violation of Section 26-38-3 [, 26-38-4 ,] or 26-38-5 is subject to a civil
57 penalty of not more than $100.
58 (2) Any second or subsequent violation of Section 26-38-3 [, 26-38-4 ,] or 26-38-5 is

59 subject to a civil penalty of not less than $100 and not more than $500.
60 Section 3. Repealer.
61 This bill repeals:
62 Section 26-38-4, Adjoining private clubs and public places -- Grandfather
63 provisions.




Legislative Review Note
as of 12-17-04 8:02 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