Representative Curtis Oda proposes the following substitute bill:
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AMENDMENTS TO INDOOR CLEAN AIR ACT
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Michael G. Waddoups
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House Sponsor:
Bradley G. Last
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LONG TITLE
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General Description:
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This bill amends the Indoor Clean Air Act.
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Highlighted Provisions:
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This bill:
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. expands the definition
of "public place of access" in which smoking is prohibited to
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include:
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. any tavern licensed after May 15, 2006;
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. after
January 1, 2010, taverns which are licensed on or before May 15, 2006;
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. class C, fine dining private clubs;
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. outdoor service lines; and
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. playground areas of public parks;
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. removes the exceptions
from the Indoor Clean Air Act for public or private schools
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or educational facilities; and
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. amends the definition of child care facilities subject to the act.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill takes effect on July 1, 2006.
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Utah Code Sections Affected:
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AMENDS:
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26-38-2, as last amended by Chapter 196, Laws of Utah 1997
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26-38-3, as enacted by Chapter 281, Laws of Utah 1994
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-38-2
is amended to read:
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26-38-2. Definitions.
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As used in this chapter:
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(1) "Place of public access" means:
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(a) any enclosed indoor place of business, commerce, banking, financial service, or
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other service-related activity, whether publicly or privately owned and whether operated for
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profit or not, to which persons not employed at the place of public access have general and
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regular access or which the public uses, including:
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[(a)] (i) buildings, offices, shops, elevators, or restrooms;
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[(b)] (ii) means of transportation or common carrier waiting rooms;
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[(c)] (iii) restaurants, cafes, or cafeterias;
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[(d)] (iv) taverns as defined in Section 32A-1-105, or cabarets;
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[(e)] (v) shopping malls, retail stores, grocery stores, or arcades;
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[(f)] (vi) libraries, theaters, concert halls, museums, art galleries, planetariums,
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historical sites, auditoriums, or arenas;
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[(g)] (vii) barber shops, hair salons, or laundromats;
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[(h)] (viii) sports or fitness facilities;
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[(i)] (ix) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
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breakfast" lodging facilities, and other similar lodging facilities, including the lobbies,
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hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any
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of these;
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[(j)] (x) (A) any child care facility or program subject to licensure or certification
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under this title, including those operated in private homes, when any child cared for under that
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license is present; and
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(B) any child care, other than child care as defined in Section
26-39-102
, that is not
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subject to licensure or certification under this title, when any child cared for by the provider,
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other than the child of the provider, is present;
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[(k)] (xi) public or private elementary or secondary school buildings and educational
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facilities or the property on which those facilities are located[, but adults may smoke in
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designated smoking areas in private schools or educational facilities or on the grounds of
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private schools or facilities during nonschool hours]; [and]
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[(l)] (xii) any area where the proprietor or manager of the area has posted a
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conspicuous sign stating "no smoking", "thank you for not smoking", or similar statement[.];
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and
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(xiii) any "private club" licensed under Title 32A, Chapter 5, Private Club Liquor
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Licenses; and
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(b) the following outdoor places of public access, whether publicly or privately owned
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and whether operated for profit or not, to which persons at the place of public access have
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general and regular access or which the public uses:
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(i) "service lines" which:
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(A) means any line in which one or more people are waiting for or receiving service of
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any kind, whether or not the service involves the exchange of money; and
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(B) includes:
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(I) lines for automated teller machines, banks, or food; and
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(II) any area within 25 feet of the service line; and
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(ii) "playgrounds" which means any area located in a park with public access that is
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within 25 feet of any equipment or facility intended for use by children while children are
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present.
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[(2) "Private club" means a private club licensed under Title 32A, Chapter 5, Private
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Club Liquor Licenses.]
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[(3)] (2) "Publicly owned building or office" means any enclosed indoor place or
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portion of a place owned, leased, or rented by any state, county, or municipal government, or
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by any agency supported by appropriation of, or by contracts or grants from, funds derived
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from the collection of federal, state, county, or municipal taxes.
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[(4)] (3) "Smoking" means the possession of any lighted tobacco product in any form.
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Section 2.
Section
26-38-3
is amended to read:
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26-38-3. Restriction on smoking in public places and in specified places --
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Exceptions.
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(1) [Smoking] Except as provided in Subsection (2), smoking is prohibited:
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(a) in all enclosed indoor places of public access and publicly owned buildings and
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offices[, except under Subsection (2).]; and
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(b) in all outdoor places of public access as defined in Subsection
26-38-2
(1)(b).
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(2) Subsection (1) does not apply to:
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(a) (i) any building owned, rented, leased, or otherwise operated by a social, fraternal,
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or religious organization when used solely by the organization members or their guests or
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families; or
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(ii) any facility rented or leased for private functions from which the general public is
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excluded and arrangements for the function are under the control of the function sponsor;
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(b) workplace smoking areas as provided in Section
26-38-5
;
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(c) areas not commonly open to the public of owner-operated businesses having no
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employees other than the owner-operator;
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(d) guest rooms in hotels, motels, "bed and breakfast" lodging facilities, and other
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similar lodging facilities, but smoking is prohibited under Subsection (1) in the common areas
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of these facilities, including dining areas and lobby areas;
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(e) taverns, as defined in Section
32A-1-105
, that are licensed on or before May 15,
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2006, until January 1, 2010, after which date, smoking is prohibited in all taverns;
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(f) class A, B, and D private clubs as defined in Section
32A-5-101
, but not a class C,
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fine dining private club; and
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(g) separate enclosed smoking areas:
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(i) located in the passenger terminals of an international airport located in the city of
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the first class;
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(ii) vented directly to the outdoors; and
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(iii) certified, by a heating, ventilation, and air conditioning engineer licensed by the
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state, to prevent the drift of any smoke to any nonsmoking area of the terminal.
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Section 3. Effective date.
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This bill takes effect on July 1, 2006.