Representative Kraig Powell proposes the following substitute bill:


1     
AGE LIMIT FOR TOBACCO AND RELATED PRODUCTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kraig Powell

5     
Senate Sponsor: Brian E. Shiozawa

6     

7     LONG TITLE
8     General Description:
9          This bill increases the age limit for the purchase, possession, and use of tobacco and
10     related products from 19 to 21 years and makes related changes.
11     Highlighted Provisions:
12          This bill:
13          ▸     prohibits the distribution or sale of tobacco, e-cigarettes, or tobacco paraphernalia to
14     an individual less than 21 years of age;
15          ▸     makes corresponding changes to municipalities' authority to regulate tobacco;
16          ▸     makes corresponding changes to the Utah Indoor Clean Air Act, enforcement
17     provisions of the Utah Health Code, tobacco program requirements, the Driver
18     Licensing Act, the Cigarette and Tobacco Tax and Licensing Act, the Utah Criminal
19     Code, and provisions relating to the investigation of sales to underage individuals;
20     and
21          ▸     makes technical amendments.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.

26     Utah Code Sections Affected:
27     AMENDS:
28          10-8-47, as last amended by Laws of Utah 2012, Chapter 140
29          26-38-2.6, as enacted by Laws of Utah 2012, Chapter 171
30          26-42-103, as last amended by Laws of Utah 2015, Chapter 132
31          51-9-203, as last amended by Laws of Utah 2012, Chapter 242
32          53-3-207, as last amended by Laws of Utah 2015, Chapter 412
33          53-3-806, as last amended by Laws of Utah 2010, Chapter 276
34          59-14-203.5, as last amended by Laws of Utah 2011, Chapter 96
35          59-14-301.5, as last amended by Laws of Utah 2011, Chapter 96
36          59-14-703, as enacted by Laws of Utah 2013, Chapter 148
37          76-10-103, as enacted by Laws of Utah 1973, Chapter 196
38          76-10-104, as last amended by Laws of Utah 2010, Chapter 114
39          76-10-104.1, as last amended by Laws of Utah 2013, Chapter 278
40          76-10-105, as last amended by Laws of Utah 2010, Chapter 114
41          76-10-105.1, as last amended by Laws of Utah 2015, Chapters 66 and 132
42          76-10-111, as last amended by Laws of Utah 2010, Chapter 114
43          76-10-112, as enacted by Laws of Utah 1989, Chapter 193
44          77-39-101, as last amended by Laws of Utah 2010, Chapters 114 and 276
45     

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 10-8-47 is amended to read:
48          10-8-47. Municipal authority -- Intoxication -- Fights -- Disorderly conduct --
49     Assault and battery -- Petit larceny -- Riots and disorderly assemblies -- Firearms and
50     fireworks -- False pretenses and embezzlement -- Sale of liquor, narcotics, or tobacco to
51     minors -- Possession of controlled substances -- Treatment of alcoholics and narcotics
52     addicts.
53          A [municipal legislative body] municipality may:
54          (1) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
55     bullfights, and all disorderly conduct [and];
56          (2) provide against and punish the offenses of assault and battery and petit larceny; [the

57     municipal legislative body may]
58          (3) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
59     house, or place in the [city; the municipal legislative body may] municipality;
60          (4) regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any
61     other dangerous or combustible material; [the municipal legislative body may]
62          (5) provide against and prevent the offense of obtaining money or property under false
63     pretenses and the offense of embezzling money or property in all cases where the money or
64     property embezzled or obtained under false pretenses does not exceed in value the sum of $500
65     [and may];
66          (6) prohibit the sale, giving away, or furnishing of narcotics, alcoholic beverages, or
67     tobacco to a person [younger] less than 21 years of age[, or tobacco to any person younger than
68     19 years of age; cities may, by ordinance,];
69          (7) prohibit the possession of controlled substances as defined in [the] Title 58,
70     Chapter 37, Utah Controlled Substances Act, or any other endangering or impairing substance,
71     provided the conduct is not a class A misdemeanor or felony[,]; and
72          (8) provide for treatment of alcoholics, narcotic addicts and other persons who are
73     addicted to the use of drugs or intoxicants such that a person substantially lacks the capacity to
74     control the person's use of the drugs or intoxicants, and judicial supervision may be imposed as
75     a means of effecting their rehabilitation.
76          Section 2. Section 26-38-2.6 is amended to read:
77          26-38-2.6. Temporary exemption for certain restrictions on the use of
78     e-cigarettes.
79          (1) The prohibition against the use of an e-cigarette in a place of public access does not
80     apply if:
81          (a) the use of the e-cigarette occurs in the place of public access that is a retail
82     establishment that sells e-cigarettes and the use is for the purpose of:
83          (i) the retailer of an e-cigarette demonstrating to the purchaser of the e-cigarette how to
84     use the e-cigarette; or
85          (ii) the customer sampling a product sold by the retailer for use in an e-cigarette; and
86          (b) the retailer of e-cigarettes:
87          (i) has all required licenses for the possession and sale of e-cigarettes in a place of

88     business;
89          (ii) does not permit [a person under the age of 19] an individual less than 21 years of
90     age to enter any part of the premises of the retail establishment in which the e-cigarettes are
91     sold; and
92          (iii) the sale of e-cigarettes and substances for use in e-cigarettes constitutes at least
93     75% of the establishment's gross sales.
94          (2) This section does not require a county or municipality to issue a license to a person
95     to sell e-cigarettes.
96          (3) This section sunsets in accordance with Section 63I-1-226.
97          Section 3. Section 26-42-103 is amended to read:
98          26-42-103. Violations and penalties -- Imposition by enforcing agency and tax
99     commission.
100          (1) If, following an investigation or issuance of a citation or information under Section
101     77-39-101, an enforcing agency determines under Section 26-42-104 that a licensee or any
102     employee has sold tobacco to [a person younger than 19] an individual less than 21 years of
103     age, as prohibited by Section 76-10-104, the enforcing agency may impose upon the licensee
104     the following administrative penalties:
105          (a) upon the first violation, a penalty of not more than $300;
106          (b) upon a second violation at the same retail location, and within 12 months of the
107     first violation, a penalty of not more than $750; and
108          (c) upon a third or subsequent violation at the same retail location and within 12
109     months of the first violation, a penalty of not more than $1,000.
110          (2) The enforcing agency shall notify the commission in writing of any order or order
111     of default finding a violation of Subsection (1) which is a third or fourth violation.
112          (3) The commission, upon receipt of the written notification under Subsection (2), shall
113     take action under Section 59-14-203.5 or 59-14-301.5 against the license to sell tobacco:
114          (a) by suspending the licensee's license to sell tobacco at that location for not more
115     than 30 days, upon receipt of notification of a third violation under Subsection (1)(c); and
116          (b) by revoking the license to sell tobacco at that location held by the licensee,
117     including any license under suspension, upon receipt of notification of a fourth violation under
118     Subsection (1)(c).

119          (4) When the commission revokes a license under Subsection (3)(b), the commission
120     may not issue to the licensee, or to the business entity using the license that is revoked, a
121     license under Section 59-14-202, 59-14-301, or 59-14-803 to sell tobacco at the location for
122     which the license was issued for one year after:
123          (a) the day on which the time for filing an appeal of the revocation ends; or
124          (b) if the revocation is appealed, the day on which the decision to uphold the
125     revocation becomes final.
126          (5) This section does not prevent any bona fide purchaser of the business, who is not a
127     sole proprietor, director, corporate officer, or partner or other holder of significant interest in
128     the entity selling the business, from immediately applying for and obtaining a license to sell
129     tobacco.
130          Section 4. Section 51-9-203 is amended to read:
131          51-9-203. Requirements for tobacco programs.
132          (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
133     cessation, or control program, an organization, whether private, governmental, or
134     quasi-governmental, shall:
135          (a) submit a request to the Department of Health containing the following information:
136          (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
137     sound management and periodic evaluation of the campaign's relevance to the intended
138     audience, particularly in campaigns directed toward youth, including audience awareness of the
139     campaign and recollection of the main message;
140          (ii) for school-based education programs to prevent and reduce youth smoking, the
141     request shall describe how the program will be effective in preventing and reducing youth
142     smoking;
143          (iii) for community-based programs to prevent and reduce smoking, the request shall
144     demonstrate that the proposed program:
145          (A) has a comprehensive strategy with a clear mission and goals;
146          (B) provides for committed, caring, and professional leadership; and
147          (C) if directed toward youth:
148          (I) offers youth-centered activities in youth accessible facilities;
149          (II) is culturally sensitive, inclusive, and diverse;

150          (III) involves youth in the planning, delivery, and evaluation of services that affect
151     them; and
152          (IV) offers a positive focus that is inclusive of all youth; and
153          (iv) for enforcement, control, and compliance program, the request shall demonstrate
154     that the proposed program can reasonably be expected to reduce the extent to which tobacco
155     products are available to individuals [under the age of 19] less than 21 years of age;
156          (b) agree, by contract, to file an annual written report with the Department of Health.
157     The report shall contain the following:
158          (i) the amount funded;
159          (ii) the amount expended;
160          (iii) a description of the program or campaign and the number of adults and youth who
161     participated;
162          (iv) specific elements of the program or campaign meeting the applicable criteria set
163     forth in Subsection (1)(a); and
164          (v) a statement concerning the success and effectiveness of the program or campaign;
165          (c) agree, by contract, to not use any funds received under this part directly or
166     indirectly, to:
167          (i) engage in any lobbying or political activity, including the support of, or opposition
168     to, candidates, ballot questions, referenda, or similar activities; or
169          (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
170     enforce:
171          (A) the provisions of the Master Settlement Agreement;
172          (B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
173          (C) Title 26, Chapter 42, Civil Penalties for Tobacco Sales to Underage Persons; and
174          (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
175          (d) agree, by contract, to repay the funds provided under this part if the organization:
176          (i) fails to file a timely report as required by Subsection (1)(b); or
177          (ii) uses any portion of the funds in violation of Subsection (1)(c).
178          (2) The Department of Health shall review and evaluate the success and effectiveness
179     of any program or campaign that receives funding pursuant to a request submitted under
180     Subsection (1). The review and evaluation:

181          (a) shall include a comparison of annual smoking trends;
182          (b) may be conducted by an independent evaluator; and
183          (c) may be paid for by funds appropriated from the account for that purpose.
184          (3) The Department of Health shall annually report to the Social Services
185     Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
186          (4) An organization that fails to comply with the contract requirements set forth in
187     Subsection (1) shall:
188          (a) repay the state as provided in Subsection (1)(d); and
189          (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
190          (5) The attorney general shall be responsible for recovering funds that are required to
191     be repaid to the state under this section.
192          (6) Nothing in this section may be construed as applying to funds that are not
193     appropriated under this part.
194          Section 5. Section 53-3-207 is amended to read:
195          53-3-207. License certificates or driving privilege cards issued to drivers by class
196     of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
197     licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
198          (1) As used in this section:
199          (a) "Driving privilege" means the privilege granted under this chapter to drive a motor
200     vehicle.
201          (b) "Governmental entity" means the state and its political subdivisions as defined in
202     this Subsection (1).
203          (c) "Political subdivision" means any county, city, town, school district, public transit
204     district, community development and renewal agency, special improvement or taxing district,
205     local district, special service district, an entity created by an interlocal agreement adopted under
206     Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
207     corporation.
208          (d) "State" means this state, and includes any office, department, agency, authority,
209     commission, board, institution, hospital, college, university, children's justice center, or other
210     instrumentality of the state.
211          (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a

212     regular license certificate, a limited-term license certificate, or a driving privilege card
213     indicating the type or class of motor vehicle the person may drive.
214          (b) A person may not drive a class of motor vehicle unless granted the privilege in that
215     class.
216          (3) (a) Every regular license certificate, limited-term license certificate, or driving
217     privilege card shall bear:
218          (i) the distinguishing number assigned to the person by the division;
219          (ii) the name, birth date, and Utah residence address of the person;
220          (iii) a brief description of the person for the purpose of identification;
221          (iv) any restrictions imposed on the license under Section 53-3-208;
222          (v) a photograph of the person;
223          (vi) a photograph or other facsimile of the person's signature;
224          (vii) an indication whether the person intends to make an anatomical gift under Title
225     26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended
226     under Subsection 53-3-214(3); and
227          (viii) except as provided in Subsection (3)(b), if the person states that the person is a
228     veteran of the United States military on the application for a driver license in accordance with
229     Section 53-3-205 and provides verification that the person was granted an honorable or general
230     discharge from the United States Armed Forces, an indication that the person is a United States
231     military veteran for a regular license certificate or limited-term license certificate issued on or
232     after July 1, 2011.
233          (b) A regular license certificate or limited-term license certificate issued to any person
234     [younger] less than 21 years of age on a portrait-style format as required in Subsection (5)(b)(i)
235     is not required to include an indication that the person is a United States military veteran under
236     Subsection (3)(a)(viii).
237          (c) A new license certificate issued by the division may not bear the person's Social
238     Security number.
239          (d) (i) The regular license certificate, limited-term license certificate, or driving
240     privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
241          (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
242     license certificate, limited-term license certificate, or driving privilege card shall be as

243     prescribed by the commissioner.
244          (iii) The commissioner may also prescribe the issuance of a special type of limited
245     regular license certificate, limited-term license certificate, or driving privilege card under
246     Subsection 53-3-220(4).
247          (4) (a) (i) The division, upon determining after an examination that an applicant is
248     mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
249     receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
250     license certificate.
251          (ii) (A) The division shall issue a temporary regular license certificate or temporary
252     limited-term license certificate allowing the person to drive a motor vehicle while the division
253     is completing its investigation to determine whether the person is entitled to be granted a
254     driving privilege.
255          (B) A temporary regular license certificate or a temporary limited-term license
256     certificate issued under this Subsection (4) shall be recognized and have the same rights and
257     privileges as a regular license certificate or a limited-term license certificate.
258          (b) The temporary regular license certificate or temporary limited-term license
259     certificate shall be in the person's immediate possession while driving a motor vehicle, and it is
260     invalid when the person's regular license certificate or limited-term license certificate has been
261     issued or when, for good cause, the privilege has been refused.
262          (c) The division shall indicate on the temporary regular license certificate or temporary
263     limited-term license certificate a date after which it is not valid as a temporary license.
264          (d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue a
265     temporary driving privilege card or other temporary permit to an applicant for a driving
266     privilege card.
267          (ii) The division may issue a learner permit issued in accordance with Section
268     53-3-210.5 to an applicant for a driving privilege card.
269          (5) (a) The division shall distinguish learner permits, temporary permits, regular
270     license certificates, limited-term license certificates, and driving privilege cards issued to any
271     person [younger] less than 21 years of age by use of plainly printed information or the use of a
272     color or other means not used for other regular license certificates, limited-term license
273     certificates, or driving privilege cards.

274          (b) The division shall distinguish a regular license certificate, limited-term license
275     certificate, or driving privilege card issued to any person[: (i) younger] less than 21 years of age
276     by use of a portrait-style format not used for other regular license certificates, limited-term
277     license certificates, or driving privilege cards and by plainly printing the date the regular
278     license certificate, limited-term license certificate, or driving privilege card holder is 21 years
279     of age, which is the legal age for purchasing an alcoholic beverage or alcoholic product under
280     Section 32B-4-403[;] and the legal age for purchasing tobacco products under Section
281     76-10-104.
282          [(ii) younger than 19 years of age, by plainly printing the date the regular license
283     certificate, limited-term license certificate, or driving privilege card holder is 19 years of age,
284     which is the legal age for purchasing tobacco products under Section 76-10-104.]
285          (6) The division shall distinguish a limited-term license certificate by clearly indicating
286     on the document:
287          (a) that it is temporary; and
288          (b) its expiration date.
289          (7) (a) The division shall only issue a driving privilege card to a person whose privilege
290     was obtained without providing evidence of lawful presence in the United States as required
291     under Subsection 53-3-205(8).
292          (b) The division shall distinguish a driving privilege card from a license certificate by:
293          (i) use of a format, color, font, or other means; and
294          (ii) clearly displaying on the front of the driving privilege card a phrase substantially
295     similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
296          (8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
297     permit, temporary regular license certificate, temporary limited-term license certificate, or any
298     other temporary permit.
299          (9) The division shall issue temporary license certificates of the same nature, except as
300     to duration, as the license certificates that they temporarily replace, as are necessary to
301     implement applicable provisions of this section and Section 53-3-223.
302          (10) (a) A governmental entity may not accept a driving privilege card as proof of
303     personal identification.
304          (b) A driving privilege card may not be used as a document providing proof of a

305     person's age for any government required purpose.
306          (11) A person who violates Subsection (2)(b) is guilty of an infraction.
307          (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
308     fees, restrictions, and sanctions under this code apply to a:
309          (a) driving privilege in the same way as a license or limited-term license issued under
310     this chapter; and
311          (b) limited-term license certificate or driving privilege card in the same way as a
312     regular license certificate issued under this chapter.
313          Section 6. Section 53-3-806 is amended to read:
314          53-3-806. Portrait-style format -- Minor's card distinguishable.
315          (1) The division shall use a portrait-style format for all identification cards, similar to
316     the format used for license certificates issued to a person [younger] less than 21 years of age
317     under Section 53-3-207.
318          (2) The identification card issued to a person [younger] less than 21 years of age shall
319     be distinguished by use of plainly printed information or by the use of a color or other means
320     not used for the identification card issued to a person 21 years of age or older.
321          (3) The division shall distinguish an identification card issued to any person[: (a) ]
322     [younger] less than 21 years of age by plainly printing the date the identification card holder is
323     21 years of age, which is the legal age for purchasing an alcoholic beverage or alcoholic
324     product under Section 32B-4-403[;] and the legal age for purchasing tobacco products under
325     Section 76-10-104.
326          [(b) younger than 19 years of age by plainly printing the date the identification card
327     holder is 19 years of age, which is the legal age for purchasing tobacco products under Section
328     76-10-104.]
329          (4) The division shall distinguish a limited-term identification card by clearly
330     indicating on the card:
331          (a) that it is temporary; and
332          (b) its expiration date.
333          Section 7. Section 59-14-203.5 is amended to read:
334          59-14-203.5. Commission action to suspend or revoke license.
335          (1) (a) The commission shall suspend or revoke licenses to sell tobacco, as required

336     under Section 26-42-103 regarding suspension or revocation of a license due to the sale of
337     cigarettes to [a person younger than 19] an individual less than 21 years of age, upon receipt of
338     notice of an enforcing agency's finding of a violation of Section 26-42-103.
339          (b) The commission shall provide written notice of the suspension or revocation to the
340     licensee.
341          (2) It is the duty of the enforcing agency to advise the commission of any finding of a
342     violation of Section 26-42-103 for which suspension or revocation of the license is a penalty.
343          (3) When the commission revokes a licensee's license under this section the
344     commission may not issue to the licensee, or to the business entity using the license that is
345     revoked, a license under Section 59-14-202 or 59-14-301 to sell tobacco, or a license under
346     Section 59-14-803 to sell an electronic cigarette product, at the location for which the license
347     was issued for one year after:
348          (a) the day on which the time for filing an appeal of the revocation ends; or
349          (b) if the revocation is appealed, the day on which the decision to uphold the
350     revocation becomes final.
351          Section 8. Section 59-14-301.5 is amended to read:
352          59-14-301.5. Commission action to suspend or revoke license.
353          (1) (a) The commission shall suspend or revoke licenses to sell tobacco, as required
354     under Section 26-42-103 regarding suspension or revocation of a license due to the sale of
355     tobacco products to [a person younger than 19] an individual less than 21 years of age, upon
356     receipt of notice of an enforcing agency's order or order of default, finding a violation of
357     Section 26-42-103.
358          (b) The commission shall provide written notice of the suspension or revocation to the
359     licensee.
360          (2) It is the duty of the enforcing agency to advise the commission of any order or order
361     of default finding a violation of Section 26-42-103, for which suspension or revocation of the
362     license is a penalty.
363          (3) When the commission revokes a licensee's license under this section the
364     commission may not issue to the licensee, or to the business entity using the license that is
365     revoked, a license under Section 59-14-202 or 59-14-301 to sell tobacco, or a license under
366     Section 59-14-803 to sell an electronic cigarette product, at the location for which the license

367     was issued for one year after:
368          (a) the day on which the time for filing an appeal of the revocation ends; or
369          (b) if the revocation is appealed, the day on which the decision to uphold the
370     revocation becomes final.
371          Section 9. Section 59-14-703 is amended to read:
372          59-14-703. Certification of cigarette rolling machine operators -- Renewal of
373     certification -- Requirements for certification or renewal of certification -- Denial.
374          (1) A cigarette rolling machine operator may not perform the following without first
375     obtaining certification from the commission as provided in this part:
376          (a) locate a cigarette rolling machine within this state;
377          (b) make or offer to make a cigarette rolling machine available for use within this state;
378     or
379          (c) offer a cigarette for sale within this state if the cigarette is produced by:
380          (i) the cigarette rolling machine operator; or
381          (ii) another person at the location of the cigarette rolling machine operator's cigarette
382     rolling machine.
383          (2) A cigarette rolling machine operator shall renew its certification as provided in this
384     section.
385          (3) The commission shall prescribe a form for certifying a cigarette rolling machine
386     operator under this part.
387          (4) (a) A cigarette rolling machine operator shall apply to the commission for
388     certification before the cigarette rolling machine operator performs an act described in
389     Subsection (1) within the state for the first time.
390          (b) A cigarette rolling machine operator shall apply to the commission for a renewal of
391     certification on or before the earlier of:
392          (i) December 31 of each year; or
393          (ii) the day on which there is a change in any of the information the cigarette rolling
394     machine operator provides on the form described in Subsection (3).
395          (5) To obtain certification or renewal of certification under this section from the
396     commission, a cigarette rolling machine operator shall:
397          (a) identify:

398          (i) the cigarette rolling machine operator's name and address;
399          (ii) the location, make, and brand of the cigarette rolling machine operator's cigarette
400     rolling machine; and
401          (iii) each person from whom the cigarette rolling machine operator will purchase or be
402     provided tobacco products that the cigarette rolling machine operator will use to produce
403     cigarettes; and
404          (b) certify, under penalty of perjury, that:
405          (i) the tobacco to be used in the cigarette rolling machine operator's cigarette rolling
406     machine, regardless of the tobacco's label or description, shall be only of a:
407          (A) brand family listed on the commission's directory listing required by Section
408     59-14-603; and
409          (B) tobacco product manufacturer listed on the commission's directory listing required
410     by Section 59-14-603;
411          (ii) the cigarette rolling machine operator shall prohibit another person who uses the
412     cigarette rolling machine operator's cigarette rolling machine from using tobacco, a wrapper, or
413     a cover except for tobacco, a wrapper, or a cover purchased by or provided to the cigarette
414     rolling machine operator from a person identified in accordance with Subsection (5)(a)(iii);
415          (iii) the cigarette rolling machine operator holds a current license issued in accordance
416     with this chapter;
417          (iv) the cigarettes produced from the cigarette rolling machine shall comply with Title
418     53, Chapter 7, Part 4, The Reduced Cigarette Ignition Propensity and Firefighter Protection
419     Act;
420          (v) the cigarette rolling machine shall be located in a separate and defined area where
421     the cigarette rolling machine operator ensures that [a person younger] an individual less than
422     [19] 21 years of age may not be:
423          (A) present at any time; or
424          (B) permitted to enter at any time; and
425          (vi) the cigarette rolling machine operator may not barter, distribute, exchange, offer,
426     or sell cigarettes produced from a cigarette rolling machine in a quantity of less than 20
427     cigarettes per retail transaction.
428          (6) If the commission determines that a cigarette rolling machine operator meets the

429     requirements for certification or renewal of certification under this section, the commission
430     shall grant the certification or renewal of certification.
431          (7) If the commission determines that a cigarette rolling machine operator does not
432     meet the requirements for certification or renewal of certification under this section, the
433     commission shall:
434          (a) deny the certification or renewal of certification; and
435          (b) provide the cigarette rolling machine operator the grounds for denial of the
436     certification or renewal of certification in writing.
437          Section 10. Section 76-10-103 is amended to read:
438          76-10-103. Permitting minors to use tobacco in place of business.
439          It is a class C misdemeanor for the proprietor of [any] a place of business to knowingly
440     permit [persons under age 19] an individual less than 21 years of age to frequent [a] the place
441     of business while [they are] the individual is using tobacco.
442          Section 11. Section 76-10-104 is amended to read:
443          76-10-104. Providing a cigar, cigarette, electronic cigarette, or tobacco to a minor
444     -- Penalties.
445          (1) [Any] A person who knowingly, intentionally, recklessly, or with criminal
446     negligence provides any cigar, cigarette, electronic cigarette, or tobacco in any form, to [any
447     person under 19] an individual less than 21 years of age[,] is guilty of a class C misdemeanor
448     on the first offense, a class B misdemeanor on the second offense, and a class A misdemeanor
449     on subsequent offenses.
450          (2) For purposes of this section "provides":
451          (a) includes selling, giving, furnishing, sending, or causing to be sent; and
452          (b) does not include the acts of the United States Postal Service or other common
453     carrier when engaged in the business of transporting and delivering packages for others or the
454     acts of a person, whether compensated or not, who transports or delivers a package for another
455     person without any reason to know of the package's content.
456          Section 12. Section 76-10-104.1 is amended to read:
457          76-10-104.1. Providing tobacco paraphernalia to minors -- Penalties.
458          (1) For purposes of this section:
459          (a) "Provides":

460          (i) includes selling, giving, furnishing, sending, or causing to be sent; and
461          (ii) does not include the acts of the United States Postal Service or other common
462     carrier when engaged in the business of transporting and delivering packages for others or the
463     acts of a person, whether compensated or not, who transports or delivers a package for another
464     person without any reason to know of the package's content.
465          (b) "Tobacco paraphernalia":
466          (i) means any equipment, product, or material of any kind which is used, intended for
467     use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or
468     otherwise introduce a cigar, cigarette, or tobacco in any form into the human body, including:
469          (A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
470     screens, permanent screens, hashish heads, or punctured metal bowls;
471          (B) water pipes;
472          (C) carburetion tubes and devices;
473          (D) smoking and carburetion masks;
474          (E) roach clips[:], meaning objects used to hold burning material, such as a cigarette,
475     that has become too small or too short to be held in the hand;
476          (F) chamber pipes;
477          (G) carburetor pipes;
478          (H) electric pipes;
479          (I) air-driven pipes;
480          (J) chillums;
481          (K) bongs; and
482          (L) ice pipes or chillers; and
483          (ii) does not include matches or lighters.
484          (2) (a) It is unlawful for a person to knowingly, intentionally, recklessly, or with
485     criminal negligence provide any tobacco paraphernalia to [any person under 19] an individual
486     less than 21 years of age.
487          (b) A person who violates this section is guilty of a class C misdemeanor on the first
488     offense and a class B misdemeanor on subsequent offenses.
489          Section 13. Section 76-10-105 is amended to read:
490          76-10-105. Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco

491     by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
492          (1) [Any 18 year old person] An individual who is at least 18 years of age, but less than
493     21 years of age, who buys or attempts to buy, accepts, or has in the [person's] individual's
494     possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
495     misdemeanor and subject to:
496          (a) a minimum fine or penalty of $60; and
497          (b) participation in a court-approved tobacco education program, which may include a
498     participation fee.
499          (2) [Any person under the age of 18] An individual less than 18 years of age who buys
500     or attempts to buy, accepts, or has in the person's possession any cigar, cigarette, electronic
501     cigarette, or tobacco in any form is subject to the jurisdiction of the Juvenile Court and:
502          (a) a minimum fine or penalty of $60; and
503          (b) participation in a court-approved tobacco education program, which may include a
504     participation fee.
505          (3) A compliance officer appointed by a board of education under Section 53A-3-402
506     may issue citations for violations of this section committed on school property. Cited
507     violations shall be reported to the appropriate juvenile court.
508          Section 14. Section 76-10-105.1 is amended to read:
509          76-10-105.1. Requirement of direct, face-to-face sale of cigarettes, tobacco, and
510     electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
511          (1) As used in this section:
512          (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
513          (b) (i) "Face-to-face exchange" means a transaction made in person between an
514     individual and a retailer or retailer's employee.
515          (ii) "Face-to-face exchange" does not include a sale through a:
516          (A) vending machine; or
517          (B) self-service display.
518          (c) "Retailer" means a person who:
519          (i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal
520     consumption; or
521          (ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an

522     electronic cigarette.
523          (d) "Self-service display" means a display of a cigarette, tobacco, or an electronic
524     cigarette to which the public has access without the intervention of a retailer or retailer's
525     employee.
526          (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
527          (f) "Tobacco specialty shop" means a retailer with a physical location that derives at
528     least 80% of its total sales from the sale of cigarettes, tobacco, or electronic cigarettes.
529          (2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, or an
530     electronic cigarette only in a face-to-face exchange.
531          (3) The face-to-face sale requirement in Subsection (2) does not apply to:
532          (a) a mail-order, telephone, or Internet sale made in compliance with Section
533     59-14-509;
534          (b) a sale from a vending machine or self-service display that is located in an area of a
535     retailer's facility:
536          (i) that is distinct and separate from the rest of the facility; and
537          (ii) where the retailer only allows an individual who complies with Subsection (4) to be
538     present; or
539          (c) a sale at a tobacco specialty shop.
540          (4) An individual who is less than [19] 21 years [old] of age may not enter or be
541     present at a tobacco specialty shop unless the individual is:
542          (a) accompanied by a parent or legal guardian;
543          (b) present at the tobacco shop for a bona fide commercial purpose other than to
544     purchase a cigarette, tobacco, or an electronic cigarette[; or].
545          [(c) 18 years old or older and an active duty member of the United States Armed
546     Forces, as demonstrated by a valid, government-issued military identification card.]
547          (5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual
548     into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not allow the
549     individual to purchase a cigarette, tobacco, or an electronic cigarette.
550          (6) A violation of Subsection (2) or (4) is a:
551          (a) class C misdemeanor on the first offense;
552          (b) class B misdemeanor on the second offense; and

553          (c) class A misdemeanor on the third and all subsequent offenses.
554          (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
555     under Section 76-10-104.
556          (8) (a) Any ordinance, regulation, or rule adopted by the governing body of a political
557     subdivision of the state or by a state agency that affects the sale, placement, or display of
558     cigarettes, tobacco, or electronic cigarettes that is not essentially identical to the provisions of
559     this section and Section 76-10-102 is superseded by this section and Section 76-10-102.
560          (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
561     ordinance by a municipal or county government.
562          Section 15. Section 76-10-111 is amended to read:
563          76-10-111. Prohibition on giving or distributing smokeless tobacco, chewing
564     tobacco, or electronic cigarettes without charge -- Exceptions.
565          (1) The Legislature finds that:
566          (a) smokeless tobacco, [or] including chewing tobacco, is harmful to the health of
567     individuals who use those products because research indicates that they may cause mouth or
568     oral cancers;
569          (b) the use of smokeless tobacco among juveniles in this state is increasing rapidly;
570          (c) the use of electronic cigarettes may lead to unhealthy behavior such as the use of
571     tobacco products; and
572          (d) it is necessary to restrict the gift of the products described in this Subsection (1) in
573     the interest of the health of the citizens of this state.
574          (2) Except as provided in Subsection (3), it is unlawful for a manufacturer, wholesaler,
575     [and] or retailer to give or distribute [without charge any] smokeless tobacco, including
576     chewing tobacco, or an electronic cigarette in this state without charge. [Any] A person who
577     violates this [section] Subsection (2) is guilty of a class C misdemeanor for the first offense[,]
578     and [is guilty of] a class B misdemeanor for any subsequent offense.
579          (3) (a) [Smokeless] A manufacturer, wholesaler, or retailer may give or distribute,
580     without charge, smokeless tobacco, including chewing tobacco, or an electronic cigarette [may
581     be distributed to adults without charge] to an individual at least 21 years of age at a
582     professional [conventions] convention where the general public is excluded.
583          (b) The prohibition described in Subsection (2) does not apply to a retailer,

584     manufacturer, or distributor [who] that gives smokeless tobacco, including chewing tobacco, or
585     an electronic cigarette to [a person of legal] an individual at least 21 years of age upon the
586     [person's] individual's purchase of another tobacco product or electronic cigarette.
587          Section 16. Section 76-10-112 is amended to read:
588          76-10-112. Prohibition on giving or distributing cigarettes or other tobacco
589     products without charge -- Exceptions.
590          (1) Except as provided in Subsection (2), it is unlawful for a manufacturer, wholesaler,
591     or retailer to give or distribute cigarettes or other tobacco products in this state without charge.
592     [Any] A person who violates this [subsection] Subsection (1) is guilty of a class C
593     misdemeanor for the first offense and a class B misdemeanor for any subsequent offense.
594          (2) [Cigarettes and other tobacco products may be distributed to adults without charge]
595     A manufacturer, wholesaler, or retailer may give or distribute, without charge, cigarettes or
596     other tobacco products to an individual at least 21 years of age at a professional [conventions]
597     convention where the general public is excluded.
598          (3) The prohibition described in Subsection (1) does not apply to [retailers,
599     manufacturers, or distributors who give] a retailer, manufacturer, or distributor that gives
600     cigarettes or other tobacco products to [persons of legal] an individual at least 21 years of age
601     upon [their] the individual's purchase of cigarettes or other tobacco products.
602          Section 17. Section 77-39-101 is amended to read:
603          77-39-101. Investigation of sales of alcohol, tobacco, and electronic cigarettes to
604     underage individuals.
605          (1) As used in this section, "electronic cigarette" is as defined in Section 76-10-101.
606          (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
607     Classifications, may investigate the possible violation of:
608          (i) Section 32B-4-403 by requesting an individual [under the age of 21 years] less than
609     21 years of age to enter into and attempt to purchase or make a purchase of alcohol from a
610     retail establishment; or
611          (ii) Section 76-10-104 by requesting an individual [under the age of 19 years] less than
612     21 years of age to enter into and attempt to purchase or make a purchase from a retail
613     establishment of:
614          (A) a cigar;

615          (B) a cigarette;
616          (C) tobacco in any form; or
617          (D) an electronic cigarette.
618          (b) A peace officer who is present at the site of a proposed purchase shall direct,
619     supervise, and monitor the individual requested to make the purchase.
620          (c) Immediately following a purchase or attempted purchase or as soon as practical the
621     supervising peace officer shall inform the cashier and the proprietor or manager of the retail
622     establishment that the attempted purchaser was under the legal age to purchase:
623          (i) alcohol; or
624          (ii) (A) a cigar;
625          (B) a cigarette;
626          (C) tobacco in any form; or
627          (D) an electronic cigarette.
628          (d) If a citation or information is issued, it shall be issued within seven days of the
629     purchase.
630          (3) (a) If an individual [under the age of 18 years old] less than 18 years of age is
631     requested to attempt a purchase, a written consent of that individual's parent or guardian shall
632     be obtained prior to that individual participating in any attempted purchase.
633          (b) An individual requested by the peace officer to attempt a purchase may:
634          (i) be a trained volunteer; or
635          (ii) receive payment, but may not be paid based on the number of successful purchases
636     of alcohol, tobacco, or an electronic cigarette.
637          (4) The individual requested by the peace officer to attempt a purchase and anyone
638     accompanying the individual attempting a purchase may not during the attempted purchase
639     misrepresent the age of the individual by false or misleading identification documentation in
640     attempting the purchase.
641          (5) An individual requested to attempt to purchase or make a purchase pursuant to this
642     section is immune from prosecution, suit, or civil liability for the purchase of, attempted
643     purchase of, or possession of alcohol, a cigar, a cigarette, tobacco in any form, or an electronic
644     cigarette if a peace officer directs, supervises, and monitors the individual.
645          (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section

646     shall be conducted:
647          (i) on a random basis; and
648          (ii) within a 12-month period at any one retail establishment location not more often
649     than:
650          (A) four times for the attempted purchase of:
651          (I) a cigar;
652          (II) a cigarette;
653          (III) tobacco in any form; or
654          (IV) an electronic cigarette; and
655          (B) four times for the attempted purchase of alcohol.
656          (b) Nothing in this section shall prohibit an investigation under this section if:
657          (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
658     cigar, a cigarette, tobacco in any form, or an electronic cigarette to an individual under the age
659     established by Section 32B-4-403 or 76-10-104; and
660          (ii) the supervising peace officer makes a written record of the grounds for the
661     reasonable suspicion.
662          (7) (a) The peace officer exercising direction, supervision, and monitoring of the
663     attempted purchase shall make a report of the attempted purchase, whether or not a purchase
664     was made.
665          (b) The report required by this Subsection (7) shall include:
666          (i) the name of the supervising peace officer;
667          (ii) the name of the individual attempting the purchase;
668          (iii) a photograph of the individual attempting the purchase showing how that
669     individual appeared at the time of the attempted purchase;
670          (iv) the name and description of the cashier or proprietor from whom the individual
671     attempted the purchase;
672          (v) the name and address of the retail establishment; and
673          (vi) the date and time of the attempted purchase.
674          Section 18. Effective date.
675          This bill takes effect on July 1, 2018.