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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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. amends the definition
of "place of public access" in which smoking is prohibited to:
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. include
child care not subject to licensure or certification;
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. remove
an exclusion for certain smoking by adults at private schools or
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educational facilities;
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. include
certain social, fraternal, or religious organization buildings;
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. include
certain facilities rented or leased for private functions;
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. include certain workplaces; and
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. include private clubs;
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. removes the exceptions from the Indoor Clean Air Act for:
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. certain
social, fraternal, or religious organization buildings;
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. certain
facilities rented or leased for private functions;
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. workplace smoking areas; and
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. taverns
and private clubs, according to specified dates;
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. provides a repeal date
for provisions for adjoining private clubs and public places;
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and
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. makes technical changes.
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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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None
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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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26-38-8, as enacted by Chapter 281, Laws of Utah 1994
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63-55b-126, as last amended by Chapter 90, Laws of Utah 2004
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REPEALS:
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26-38-5, 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 any enclosed indoor place of business, commerce,
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banking, financial service, or other service-related activity, whether publicly or privately owned
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and whether operated for profit or not, to which persons not employed at the place of public
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access have general and regular access or which the public uses, including:
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(a) buildings, offices, shops, elevators, or restrooms;
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(b) means of transportation or common carrier waiting rooms;
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(c) restaurants, cafes, or cafeterias;
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(d) taverns as defined in Section 32A-1-105, or cabarets;
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(e) shopping malls, retail stores, grocery stores, or arcades;
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(f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical
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sites, auditoriums, or arenas;
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(g) barber shops, hair salons, or laundromats;
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(h) sports or fitness facilities;
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(i) 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) (i) any child care facility or program subject to licensure or certification under this
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title, including those operated in private homes, when any child cared for under that license is
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present; and
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(ii) 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) 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) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
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religious organization when used solely by the organization members or their guests or
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families;
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(m) 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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(n) any workplace that is not a place of public access or a publicly owned building or
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office but has one or more employees who are not owner-operators of the business; and
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[(l)] (o) any area where the proprietor or manager of the area has posted a conspicuous
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sign stating "no smoking", "thank you for not smoking", or similar statement.
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[(2) "Private club" means a] (p) any private club licensed under Title 32A, Chapter 5,
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Private 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 in all
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enclosed indoor places of public access and publicly owned buildings and offices[, except
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under Subsection (2)].
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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)] (a) areas not commonly open to the public of owner-operated businesses having
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no employees other than the owner-operator;
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[(d)] (b) 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)] (c) before January 1, 2009, taverns, as defined in Section
32A-1-105
, that are
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licensed on or before May 15, 2006;
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[(f) private clubs; and]
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(d) (i) before January 1, 2007, class A, B, and C private clubs, as defined in Section
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32A-5-101
;
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(ii) before January 1, 2009, class D private clubs, as defined in Section
32A-5-101
, that
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are licensed on or before May 15, 2006; and
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[(g)] (e) 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.
Section
26-38-8
is amended to read:
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26-38-8. Penalties.
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(1) A first violation of Section
26-38-3
[,] or
26-38-4
[, or
26-38-5
] is subject to a civil
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penalty of not more than $100.
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(2) Any second or subsequent violation of Section
26-38-3
[,] or
26-38-4
[, or
26-38-5
]
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is subject to a civil penalty of not less than $100 and not more than $500.
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Section 4.
Section
63-55b-126
is amended to read:
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63-55b-126. Repeal dates -- Title 26.
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(1) Section
26-38-4
is repealed January 1, 2009.
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(2) Title 26, Chapter 46, "Utah Health Care Workforce Financial Assistance Program,"
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is repealed July 1, 2007.
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Section 5. Repealer.
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This bill repeals:
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Section 26-38-5, Nonpublic workplaces -- Smoking restrictions.