As used in this chapter: (1) “Electronic cigarette” means the same as that term is defined in Section 76-10-101.

(2) “Non-tobacco shisha” means any product that:

• (a) does not contain tobacco or nicotine; and
• (b) is smoked or intended to be smoked in a hookah or water pipe.

(3) “Place of public access” means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including:

• (a) buildings, offices, shops, elevators, or restrooms;
• (b) means of transportation or common carrier waiting rooms;
• (c) restaurants, cafes, or cafeterias;
• (d) taverns as defined in Section 32B-1-102, or cabarets;
• (e) shopping malls, retail stores, grocery stores, or arcades;
• (f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, auditoriums, or arenas;
• (g) barber shops, hair salons, or laundromats;
• (h) sports or fitness facilities;
• (i) common areas of nursing homes, hospitals, resorts, hotels, motels, “bed and breakfast” lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these;
• (j)
• (i) any child care facility or program subject to licensure or certification under this title, including those operated in private homes, when any child cared for under that license is present; and
• (ii) any child care, other than child care as defined in Section 26-39-102, that is not subject to licensure or certification under this title, when any child cared for by the provider, other than the child of the provider, is present;
• (k) public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located;
• (l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or their guests or families;
• (m) any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor;
• (n) any workplace that is not a place of public access or a publicly owned building or office but has one or more employees who are not owner-operators of the business;
• (o) any area where the proprietor or manager of the area has posted a conspicuous sign stating “no smoking”, “thank you for not smoking”, or similar statement; and
• (p) a holder of a bar establishment license, as defined in Section 32B-1-102.

(4) “Publicly owned building or office” means any enclosed indoor place or portion of a place owned, leased, or rented by any state, county, or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county, or municipal taxes.

(5) “Shisha” means any product that:

• (a) contains tobacco or nicotine; and
• (b) is smoked or intended to be smoked in a hookah or water pipe.

(6) “Smoking” means:

• (a) the possession of any lighted or heated tobacco product in any form;
• (b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains:
• (i) tobacco or any plant product intended for inhalation;
• (ii) shisha or non-tobacco shisha;
• (iii) nicotine;
• (iv) a natural or synthetic tobacco substitute; or
• (v) a natural or synthetic flavored tobacco product;
• (c) using an electronic cigarette; or
• (d) using an oral smoking device intended to circumvent the prohibition of smoking in this chapter.

(1) Except as provided in Subsection (2), smoking is prohibited in all enclosed indoor places of public access and publicly owned buildings and offices.

(1) Except as provided in Subsection (2), smoking is prohibited in all enclosed indoor places of public access and publicly owned buildings and offices.

(3)

• (a) Each LEA shall adopt a policy for responding to possession or use of electronic cigarette products by a student on school property.
• (b) The policy described in Subsection (3)(a) shall:
• (i) prohibit students from possessing or using electronic cigarette products on school property;
• (ii) include policies or procedures for the confiscation or surrender of electronic cigarette products; and
• (iii) require a school administrator or school administrator’s designee to dispose of or destroy a confiscated electronic cigarette product.
• (c) Notwithstanding Subsection (3)(b)(iii), an LEA may release a confiscated electronic cigarette product to local law enforcement if:
• (i) a school official has a reasonable suspicion that a confiscated electronic cigarette product contains an illegal substance; and
• (ii) local law enforcement requests that the LEA release the confiscated electronic cigarette product to local law enforcement as part of an investigation or action.

(2) (a) The state board may, and local boards of education and governing boards of charter schoolsschool boards and charter school governing boards shall, adopt rules implementing this section that apply to both students and staff.

• (b) The rules described in Subsection (2)(a) shall include prohibitions against the following types of conduct in accordance with Section 53G-8-211, while in the classroom, on school property, during school sponsored activities, or regardless of the location or circumstance, affecting a person or property described in Subsections 53G-8-203(1)(e)(i) through (i)(v):
• (i) use of foul, abusive, or profane language while engaged in school related activities;
• (ii) illicit use, possession, or distribution of controlled substances or drug paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in Section 76-10-101, tobacco, or alcoholic beverages contrary to law;