S.B. 19 Enrolled

1

AMENDMENTS TO INDOOR CLEAN AIR ACT
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael G. Waddoups
5 House Sponsor: Bradley G. Last
6
7 LONG TITLE
8 General Description:
9 This bill amends the Indoor Clean Air Act.
10 Highlighted Provisions:
11 This bill:
12 . amends the definition of "place of public access" in which smoking is prohibited to:
13 . include child care not subject to licensure or certification;
14 . remove an exclusion for certain smoking by adults at private schools or
15 educational facilities;
16 . include certain social, fraternal, or religious organization buildings;
17 . include certain facilities rented or leased for private functions;
18 . include certain workplaces; and
19 . include private clubs;
20 . removes the exceptions from the Indoor Clean Air Act for:
21 . certain social, fraternal, or religious organization buildings;
22 . certain facilities rented or leased for private functions;
23 . workplace smoking areas; and
24 . taverns and private clubs, according to specified dates;
25 . provides a repeal date for provisions for adjoining private clubs and public places;
26 and
27 . makes technical changes.
28 Monies Appropriated in this Bill:
29 None

30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 26-38-2, as last amended by Chapter 196, Laws of Utah 1997
35 26-38-3, as enacted by Chapter 281, Laws of Utah 1994
36 26-38-8, as enacted by Chapter 281, Laws of Utah 1994
37 63-55b-126, as last amended by Chapter 90, Laws of Utah 2004
38 REPEALS:
39 26-38-5, as enacted by Chapter 281, Laws of Utah 1994
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 26-38-2 is amended to read:
43 26-38-2. Definitions.
44 As used in this chapter:
45 (1) "Place of public access" means any enclosed indoor place of business, commerce,
46 banking, financial service, or other service-related activity, whether publicly or privately owned
47 and whether operated for profit or not, to which persons not employed at the place of public
48 access have general and regular access or which the public uses, including:
49 (a) buildings, offices, shops, elevators, or restrooms;
50 (b) means of transportation or common carrier waiting rooms;
51 (c) restaurants, cafes, or cafeterias;
52 (d) taverns as defined in Section 32A-1-105, or cabarets;
53 (e) shopping malls, retail stores, grocery stores, or arcades;
54 (f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical
55 sites, auditoriums, or arenas;
56 (g) barber shops, hair salons, or laundromats;
57 (h) sports or fitness facilities;

58 (i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
59 breakfast" lodging facilities, and other similar lodging facilities, including the lobbies,
60 hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any
61 of these;
62 (j) (i) any child care facility or program subject to licensure or certification under this
63 title, including those operated in private homes, when any child cared for under that license is
64 present; and
65 (ii) any child care, other than child care as defined in Section 26-39-102 , that is not
66 subject to licensure or certification under this title, when any child cared for by the provider,
67 other than the child of the provider, is present;
68 (k) public or private elementary or secondary school buildings and educational
69 facilities or the property on which those facilities are located[, but adults may smoke in
70 designated smoking areas in private schools or educational facilities or on the grounds of
71 private schools or facilities during nonschool hours; and];
72 (l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
73 religious organization when used solely by the organization members or their guests or
74 families;
75 (m) any facility rented or leased for private functions from which the general public is
76 excluded and arrangements for the function are under the control of the function sponsor;
77 (n) any workplace that is not a place of public access or a publicly owned building or
78 office but has one or more employees who are not owner-operators of the business; and
79 [(l)] (o) any area where the proprietor or manager of the area has posted a conspicuous
80 sign stating "no smoking", "thank you for not smoking", or similar statement.
81 [(2) "Private club" means a] (p) any private club licensed under Title 32A, Chapter 5,
82 Private Club Liquor Licenses.
83 [(3)] (2) "Publicly owned building or office" means any enclosed indoor place or
84 portion of a place owned, leased, or rented by any state, county, or municipal government, or
85 by any agency supported by appropriation of, or by contracts or grants from, funds derived

86 from the collection of federal, state, county, or municipal taxes.
87 [(4)] (3) "Smoking" means the possession of any lighted tobacco product in any form.
88 Section 2. Section 26-38-3 is amended to read:
89 26-38-3. Restriction on smoking in public places and in specified places --
90 Exceptions.
91 (1) [Smoking] Except as provided in Subsection (2), smoking is prohibited in all
92 enclosed indoor places of public access and publicly owned buildings and offices[, except
93 under Subsection (2)].
94 (2) Subsection (1) does not apply to:
95 [(a) (i) any building owned, rented, leased, or otherwise operated by a social, fraternal,
96 or religious organization when used solely by the organization members or their guests or
97 families; or]
98 [(ii) any facility rented or leased for private functions from which the general public is
99 excluded and arrangements for the function are under the control of the function sponsor;]
100 [(b) workplace smoking areas as provided in Section 26-38-5 ;]
101 [(c)] (a) areas not commonly open to the public of owner-operated businesses having
102 no employees other than the owner-operator;
103 [(d)] (b) guest rooms in hotels, motels, "bed and breakfast" lodging facilities, and other
104 similar lodging facilities, but smoking is prohibited under Subsection (1) in the common areas
105 of these facilities, including dining areas and lobby areas;
106 [(e)] (c) before January 1, 2009, taverns, as defined in Section 32A-1-105 , that are
107 licensed on or before May 15, 2006;
108 [(f) private clubs; and]
109 (d) (i) before January 1, 2007, class A, B, and C private clubs, as defined in Section
110 32A-5-101 ;
111 (ii) before January 1, 2009, class D private clubs, as defined in Section 32A-5-101 , that
112 are licensed on or before May 15, 2006; and
113 [(g)] (e) separate enclosed smoking areas:

114 (i) located in the passenger terminals of an international airport located in the city of
115 the first class;
116 (ii) vented directly to the outdoors; and
117 (iii) certified, by a heating, ventilation, and air conditioning engineer licensed by the
118 state, to prevent the drift of any smoke to any nonsmoking area of the terminal.
119 Section 3. Section 26-38-8 is amended to read:
120 26-38-8. Penalties.
121 (1) A first violation of Section 26-38-3 [,] or 26-38-4 [, or 26-38-5 ] is subject to a civil
122 penalty of not more than $100.
123 (2) Any second or subsequent violation of Section 26-38-3 [,] or 26-38-4 [, or 26-38-5 ]
124 is subject to a civil penalty of not less than $100 and not more than $500.
125 Section 4. Section 63-55b-126 is amended to read:
126 63-55b-126. Repeal dates -- Title 26.
127 (1) Section 26-38-4 is repealed January 1, 2009.
128 (2) Title 26, Chapter 46, "Utah Health Care Workforce Financial Assistance Program,"
129 is repealed July 1, 2007.
130 Section 5. Repealer.
131 This bill repeals:
132 Section 26-38-5, Nonpublic workplaces -- Smoking restrictions.