This document includes House Committee Amendments incorporated into the bill on Tue, Mar 7, 2017 at 2:54 PM by jeyring.
1     
TOBACCO AGE RESTRICTION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends the age when a person may lawfully obtain, possess, and use tobacco
10     products.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies provisions of the Utah Code to provide that:
14               •     beginning on July 1, 2018, the minimum age for obtaining, possessing, or using
15     tobacco products is 20 years of age; and
16               •     beginning on January 1, 2019, the minimum age for obtaining, possessing, or
17     using tobacco products is 21 years of age.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          10-8-47, as last amended by Laws of Utah 2012, Chapter 140
25          26-42-103, as last amended by Laws of Utah 2015, Chapter 132
26          53-3-207, as last amended by Laws of Utah 2016, Chapter 350
27          53-3-806, as last amended by Laws of Utah 2010, Chapter 276

28          59-14-203.5, as last amended by Laws of Utah 2011, Chapter 96
29          59-14-301.5, as last amended by Laws of Utah 2011, Chapter 96
30          63I-1-210, as last amended by Laws of Utah 2016, Chapter 131
31          63I-1-226, as last amended by Laws of Utah 2016, Chapters 89, 170, 279, and 327
32          63I-1-259, as last amended by Laws of Utah 2016, Chapters 350, 367, and 373
33          63I-1-276, as enacted by Laws of Utah 2014, Chapter 226
34          63I-1-277, as renumbered and amended by Laws of Utah 2008, Chapter 382
35          76-10-104, as last amended by Laws of Utah 2010, Chapter 114
36          76-10-105, as last amended by Laws of Utah 2010, Chapter 114
37          76-10-105.1, as last amended by Laws of Utah 2015, Chapters 66 and 132
38          77-39-101, as last amended by Laws of Utah 2010, Chapters 114 and 276
39     ENACTS:
40          10-8-47.4, Utah Code Annotated 1953
41          26-42-103.5, Utah Code Annotated 1953
42          59-14-203.6, Utah Code Annotated 1953
43          59-14-216, Utah Code Annotated 1953
44          59-14-301.6, Utah Code Annotated 1953
45          76-10-104.5, Utah Code Annotated 1953
46          76-10-105.2, Utah Code Annotated 1953
47          76-10-105.5, Utah Code Annotated 1953
48          77-39-101.5, Utah Code Annotated 1953
49     

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

59     battery and petit larceny; [the municipal legislative body may]
60          (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
61     house, or place in the city; [the municipal legislative body may]
62          (c) regulate and prevent the discharge of firearms, rockets, powder, Ĥ→ [
fireworks,] ←Ĥ
62a     or any
63     other dangerous or combustible material; [the municipal legislative body may]
64          (d) provide against and prevent the offense of obtaining money or property under false
65     pretenses and the offense of embezzling money or property in all cases where the money or
66     property embezzled or obtained under false pretenses does not exceed in value the sum of $500
67     [and may]; and
68          (e) prohibit the sale, giving away, or furnishing of narcotics, alcoholic beverages, and
69     tobacco to a person younger than 21 years of age[, or tobacco to any person younger than 19
70     years of age; cities].
71          (2) Cities may, by ordinance, prohibit the possession of controlled substances as
72     defined in the Utah Controlled Substances Act or any other endangering or impairing
73     substance, provided the conduct is not a class A misdemeanor or felony[, and].
74          (3) Cities may provide for treatment of alcoholics, narcotic addicts, and other persons
75     who are addicted to the use of drugs or intoxicants such that a person substantially lacks the
76     capacity to control the person's use of the drugs or intoxicants, and judicial supervision may be
77     imposed as a means of effecting [their] the person's rehabilitation.
78          Section 2. Section 10-8-47.4 is enacted to read:
79          10-8-47.4. Intoxication -- Fights -- Disorderly conduct -- Assault and battery --
80     Petit larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False
81     pretenses and embezzlement -- Sale of liquor, narcotics, or tobacco to minors --
82     Possession of controlled substances -- Treatment of alcoholics and narcotics or drug
83     addicts.
84          (1) A municipal legislative body may:
85          (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
86     bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
87     battery and petit larceny;
88          (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
89     house, or place in the city;

90          (c) regulate and prevent the discharge of firearms, rockets, powder, Ĥ→ [
fireworks,] ←Ĥ
90a     or any
91     other dangerous or combustible material;
92          (d) provide against and prevent the offense of obtaining money or property under false
93     pretenses and the offense of embezzling money or property in all cases where the money or
94     property embezzled or obtained under false pretenses does not exceed in value the sum of
95     $500;
96          (e) prohibit the sale, giving away, or furnishing of narcotics or alcoholic beverages to a
97     person younger than 21 years of age; and
98          (f) prohibit the sale, giving away, or furnishing of tobacco to any person younger than
99     20 years of age.
100          (2) Cities may, by ordinance, prohibit the possession of controlled substances as
101     defined in the Utah Controlled Substances Act or any other endangering or impairing
102     substance, provided the conduct is not a class A misdemeanor or felony.
103          (3) Cities may provide for treatment of alcoholics, narcotic addicts, and other persons
104     who are addicted to the use of drugs or intoxicants such that a person substantially lacks the
105     capacity to control the person's use of the drugs or intoxicants, and judicial supervision may be
106     imposed as a means of effecting the person's rehabilitation.
107          Section 3. Section 26-42-103 is amended to read:
108          26-42-103. Violations and penalties -- Imposition by enforcing agency and tax
109     commission.
110          (1) If, following an investigation or issuance of a citation or information under Section
111     77-39-101, an enforcing agency determines under Section 26-42-104 that a licensee or any
112     employee has sold tobacco to a person younger than [19] 21 years of age, as prohibited by
113     Section 76-10-104, the enforcing agency may impose upon the licensee the following
114     administrative penalties:
115          (a) upon the first violation, a penalty of not more than $300;
116          (b) upon a second violation at the same retail location, and within 12 months of the
117     first violation, a penalty of not more than $750; and
118          (c) upon a third or subsequent violation at the same retail location, and within 12
119     months of the first violation, a penalty of not more than $1,000.
120          (2) The enforcing agency shall notify the commission in writing of any order or order

121     of default finding a violation of Subsection (1) which is a third or fourth violation.
122          (3) The commission, upon receipt of the written notification under Subsection (2), shall
123     take action under Section 59-14-203.5 or 59-14-301.5 against the license to sell tobacco:
124          (a) by suspending the licensee's license to sell tobacco at that location for not more
125     than 30 days, upon receipt of notification of a third violation under Subsection (1)(c); and
126          (b) by revoking the license to sell tobacco at that location held by the licensee,
127     including any license under suspension, upon receipt of notification of a fourth violation under
128     Subsection (1)(c).
129          (4) When the commission revokes a license under Subsection (3)(b), the commission
130     may not issue to the licensee, or to the business entity using the license that is revoked, a
131     license under Section 59-14-202, 59-14-301, or 59-14-803 to sell tobacco at the location for
132     which the license was issued for one year after:
133          (a) the day on which the time for filing an appeal of the revocation ends; or
134          (b) if the revocation is appealed, the day on which the decision to uphold the
135     revocation becomes final.
136          (5) This section does not prevent any bona fide purchaser of the business, who is not a
137     sole proprietor, director, corporate officer, or partner or other holder of significant interest in
138     the entity selling the business, from immediately applying for and obtaining a license to sell
139     tobacco.
140          Section 4. Section 26-42-103.5 is enacted to read:
141          26-42-103.5. Violations and penalties -- Imposition by enforcing agency and tax
142     commission.
143          (1) If, following an investigation or issuance of a citation or information under Section
144     77-39-101, an enforcing agency determines under Section 26-42-104 that a licensee or any
145     employee has sold tobacco to a person younger than 20 years of age, as prohibited by Section
146     76-10-104, the enforcing agency may impose upon the licensee the following administrative
147     penalties:
148          (a) upon the first violation, a penalty of not more than $300;
149          (b) upon a second violation at the same retail location, and within 12 months of the
150     first violation, a penalty of not more than $750; and
151          (c) upon a third or subsequent violation at the same retail location, and within 12

152     months of the first violation, a penalty of not more than $1,000.
153          (2) The enforcing agency shall notify the commission in writing of any order or order
154     of default finding a violation of Subsection (1) that is a third or fourth violation.
155          (3) The commission, upon receipt of the written notification under Subsection (2), shall
156     take action under Section 59-14-203.5 or 59-14-301.5 against the license to sell tobacco:
157          (a) by suspending the licensee's license to sell tobacco at that location for not more
158     than 30 days, upon receipt of notification of a third violation under Subsection (1)(c); and
159          (b) by revoking the license to sell tobacco at that location held by the licensee,
160     including any license under suspension, upon receipt of notification of a fourth violation under
161     Subsection (1)(c).
162          (4) When the commission revokes a license under Subsection (3)(b), the commission
163     may not issue to the licensee, or to the business entity using the license that is revoked, a
164     license under Section 59-14-202, 59-14-301, or 59-14-803 to sell tobacco at the location for
165     which the license was issued for one year after:
166          (a) the day on which the time for filing an appeal of the revocation ends; or
167          (b) if the revocation is appealed, the day on which the decision to uphold the
168     revocation becomes final.
169          (5) This section does not prevent any bona fide purchaser of the business, who is not a
170     sole proprietor, director, corporate officer, or partner or other holder of significant interest in
171     the entity selling the business, from immediately applying for and obtaining a license to sell
172     tobacco.
173          Section 5. Section 53-3-207 is amended to read:
174          53-3-207. License certificates or driving privilege cards issued to drivers by class
175     of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
176     licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
177          (1) As used in this section:
178          (a) "Driving privilege" means the privilege granted under this chapter to drive a motor
179     vehicle.
180          (b) "Governmental entity" means the state and its political subdivisions as defined in
181     this Subsection (1).
182          (c) "Political subdivision" means any county, city, town, school district, public transit

183     district, community reinvestment agency, special improvement or taxing district, local district,
184     special service district, an entity created by an interlocal agreement adopted under Title 11,
185     Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
186     corporation.
187          (d) "State" means this state, and includes any office, department, agency, authority,
188     commission, board, institution, hospital, college, university, children's justice center, or other
189     instrumentality of the state.
190          (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
191     regular license certificate, a limited-term license certificate, or a driving privilege card
192     indicating the type or class of motor vehicle the person may drive.
193          (b) A person may not drive a class of motor vehicle unless granted the privilege in that
194     class.
195          (3) (a) Every regular license certificate, limited-term license certificate, or driving
196     privilege card shall bear:
197          (i) the distinguishing number assigned to the person by the division;
198          (ii) the name, birth date, and Utah residence address of the person;
199          (iii) a brief description of the person for the purpose of identification;
200          (iv) any restrictions imposed on the license under Section 53-3-208;
201          (v) a photograph of the person;
202          (vi) a photograph or other facsimile of the person's signature;
203          (vii) an indication whether the person intends to make an anatomical gift under Title
204     26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended
205     under Subsection 53-3-214(3); and
206          (viii) except as provided in Subsection (3)(b), if the person states that the person is a
207     veteran of the United States military on the application for a driver license in accordance with
208     Section 53-3-205 and provides verification that the person was granted an honorable or general
209     discharge from the United States Armed Forces, an indication that the person is a United States
210     military veteran for a regular license certificate or limited-term license certificate issued on or
211     after July 1, 2011.
212          (b) A regular license certificate or limited-term license certificate issued to any person
213     younger than 21 years on a portrait-style format as required in Subsection (5)(b)(i) is not

214     required to include an indication that the person is a United States military veteran under
215     Subsection (3)(a)(viii).
216          (c) A new license certificate issued by the division may not bear the person's social
217     security number.
218          (d) (i) The regular license certificate, limited-term license certificate, or driving
219     privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
220          (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
221     license certificate, limited-term license certificate, or driving privilege card shall be as
222     prescribed by the commissioner.
223          (iii) The commissioner may also prescribe the issuance of a special type of limited
224     regular license certificate, limited-term license certificate, or driving privilege card under
225     Subsection 53-3-220(4).
226          (4) (a) (i) The division, upon determining after an examination that an applicant is
227     mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
228     receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
229     license certificate.
230          (ii) (A) The division shall issue a temporary regular license certificate or temporary
231     limited-term license certificate allowing the person to drive a motor vehicle while the division
232     is completing its investigation to determine whether the person is entitled to be granted a
233     driving privilege.
234          (B) A temporary regular license certificate or a temporary limited-term license
235     certificate issued under this Subsection (4) shall be recognized and have the same rights and
236     privileges as a regular license certificate or a limited-term license certificate.
237          (b) The temporary regular license certificate or temporary limited-term license
238     certificate shall be in the person's immediate possession while driving a motor vehicle, and it is
239     invalid when the person's regular license certificate or limited-term license certificate has been
240     issued or when, for good cause, the privilege has been refused.
241          (c) The division shall indicate on the temporary regular license certificate or temporary
242     limited-term license certificate a date after which it is not valid as a temporary license.
243          (d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue a
244     temporary driving privilege card or other temporary permit to an applicant for a driving

245     privilege card.
246          (ii) The division may issue a learner permit issued in accordance with Section
247     53-3-210.5 to an applicant for a driving privilege card.
248          (5) (a) The division shall distinguish learner permits, temporary permits, regular
249     license certificates, limited-term license certificates, and driving privilege cards issued to any
250     person younger than 21 years of age by use of plainly printed information or the use of a color
251     or other means not used for other regular license certificates, limited-term license certificates,
252     or driving privilege cards.
253          (b) The division shall distinguish a regular license certificate, limited-term license
254     certificate, or driving privilege card issued to any person[: (i)] younger than 21 years of age by
255     use of a portrait-style format not used for other regular license certificates, limited-term license
256     certificates, or driving privilege cards and by plainly printing the date the regular license
257     certificate, limited-term license certificate, or driving privilege card holder is 21 years of age[,
258     which is the legal age for purchasing an alcoholic beverage or alcoholic product under Section
259     32B-4-403; and].
260          [(ii) younger than 19 years of age, by plainly printing the date the regular license
261     certificate, limited-term license certificate, or driving privilege card holder is 19 years of age,
262     which is the legal age for purchasing tobacco products under Section 76-10-104.]
263          (6) The division shall distinguish a limited-term license certificate by clearly indicating
264     on the document:
265          (a) that it is temporary; and
266          (b) its expiration date.
267          (7) (a) The division shall only issue a driving privilege card to a person whose privilege
268     was obtained without providing evidence of lawful presence in the United States as required
269     under Subsection 53-3-205(8).
270          (b) The division shall distinguish a driving privilege card from a license certificate by:
271          (i) use of a format, color, font, or other means; and
272          (ii) clearly displaying on the front of the driving privilege card a phrase substantially
273     similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
274          (8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
275     permit, temporary regular license certificate, temporary limited-term license certificate, or any

276     other temporary permit.
277          (9) The division shall issue temporary license certificates of the same nature, except as
278     to duration, as the license certificates that they temporarily replace, as are necessary to
279     implement applicable provisions of this section and Section 53-3-223.
280          (10) (a) A governmental entity may not accept a driving privilege card as proof of
281     personal identification.
282          (b) A driving privilege card may not be used as a document providing proof of a
283     person's age for any government required purpose.
284          (11) A person who violates Subsection (2)(b) is guilty of an infraction.
285          (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
286     fees, restrictions, and sanctions under this code apply to a:
287          (a) driving privilege in the same way as a license or limited-term license issued under
288     this chapter; and
289          (b) limited-term license certificate or driving privilege card in the same way as a
290     regular license certificate issued under this chapter.
291          Section 6. Section 53-3-806 is amended to read:
292          53-3-806. Portrait-style format -- Minor's card distinguishable.
293          (1) The division shall use a portrait-style format for all identification cards, similar to
294     the format used for license certificates issued to a person younger than 21 years of age under
295     Section 53-3-207.
296          (2) The identification card issued to a person younger than 21 years of age shall be
297     distinguished by use of plainly printed information or by the use of a color or other means not
298     used for the identification card issued to a person 21 years of age or older.
299          (3) The division shall distinguish an identification card issued to any person[: (a)]
300     younger than 21 years of age by plainly printing the date the identification card holder is 21
301     years of age[, which is the legal age for purchasing an alcoholic beverage or alcoholic product
302     under Section 32B-4-403; and].
303          [(b) younger than 19 years of age by plainly printing the date the identification card
304     holder is 19 years of age, which is the legal age for purchasing tobacco products under Section
305     76-10-104.]
306          (4) The division shall distinguish a limited-term identification card by clearly

307     indicating on the card:
308          (a) that it is temporary; and
309          (b) its expiration date.
310          Section 7. Section 59-14-203.5 is amended to read:
311          59-14-203.5. Commission action to suspend or revoke license.
312          (1) (a) The commission shall suspend or revoke [licenses] a license to sell tobacco, as
313     required under Section 26-42-103 regarding suspension or revocation of a license due to the
314     sale of cigarettes to a person younger than [19] 21 years of age, upon receipt of notice of an
315     enforcing agency's finding of a violation of Section 26-42-103.
316          (b) The commission shall provide written notice of the suspension or revocation to the
317     licensee.
318          (2) It is the duty of the enforcing agency to advise the commission of any finding of a
319     violation of Section 26-42-103 for which suspension or revocation of the license is a penalty.
320          (3) When the commission revokes a licensee's license under this section the
321     commission may not issue to the licensee, or to the business entity using the license that is
322     revoked, a license under Section 59-14-202 or 59-14-301 to sell tobacco at the location for
323     which the license was issued for one year after:
324          (a) the day on which the time for filing an appeal of the revocation ends; or
325          (b) if the revocation is appealed, the day on which the decision to uphold the
326     revocation becomes final.
327          Section 8. Section 59-14-203.6 is enacted to read:
328          59-14-203.6. Commission action to suspend or revoke license.
329          (1) (a) The commission shall suspend or revoke a license to sell tobacco, as required
330     under Section 26-42-103 regarding suspension or revocation of a license due to the sale of
331     cigarettes to a person younger than 20 years of age, upon receipt of notice of an enforcing
332     agency's finding of a violation of Section 26-42-103.
333          (b) The commission shall provide written notice of the suspension or revocation to the
334     licensee.
335          (2) It is the duty of the enforcing agency to advise the commission of any finding of a
336     violation of Section 26-42-103 for which suspension or revocation of the license is a penalty.
337          (3) When the commission revokes a licensee's license under this section the

338     commission may not issue to the licensee, or to the business entity using the license that is
339     revoked, a license under Section 59-14-202 or 59-14-301 to sell tobacco at the location for
340     which the license was issued for one year after:
341          (a) the day on which the time for filing an appeal of the revocation ends; or
342          (b) if the revocation is appealed, the day on which the decision to uphold the
343     revocation becomes final.
344          Section 9. Section 59-14-216 is enacted to read:
345          59-14-216. Legal Tobacco Age Restricted Account.
346          (1) There is created within the General Fund a restricted account knows as the "Legal
347     Tobacco Age Restricted Account."
348          (2) The account created in Subsection (1) consists of:
349          (a) the cumulative annual growth of revenue from cigarette and tobacco taxes over the
350     amount collected in fiscal year 2018, beginning in fiscal year 2019; and
351          (b) the first $1,000,000 of annual growth from the gross revenue from the sale of liquor
352     by the Department of Alcoholic Beverage Control, as provided under Title 32B, Chapter 2,
353     Alcoholic Beverage Control Administration Act, over the amount collected in fiscal year 2018,
354     beginning in fiscal year 2019.
355          (3) Upon appropriations by the Legislature, money from the account created in
356     Subsection (1) shall be deposited into the General Fund.
357          (4) The account created in Subsection (1) is repealed on June 30, 2022.
358          Section 10. Section 59-14-301.5 is amended to read:
359          59-14-301.5. Commission action to suspend or revoke license.
360          (1) (a) The commission shall suspend or revoke [licenses] a license to sell tobacco, as
361     required under Section 26-42-103 regarding suspension or revocation of a license due to the
362     sale of tobacco products to a person younger than [19] 21 years of age, upon receipt of notice
363     of an enforcing agency's order or order of default[,] finding a violation of Section 26-42-103.
364          (b) The commission shall provide written notice of the suspension or revocation to the
365     licensee.
366          (2) It is the duty of the enforcing agency to advise the commission of any order or order
367     of default finding a violation of Section 26-42-103[,] for which suspension or revocation of the
368     license is a penalty.

369          (3) When the commission revokes a licensee's license under this section the
370     commission may not issue to the licensee, or to the business entity using the license that is
371     revoked, a license under Section 59-14-202 or 59-14-301 to sell tobacco at the location for
372     which the license was issued for one year after:
373          (a) the day on which the time for filing an appeal of the revocation ends; or
374          (b) if the revocation is appealed, the day on which the decision to uphold the
375     revocation becomes final.
376          Section 11. Section 59-14-301.6 is enacted to read:
377          59-14-301.6. Commission action to suspend or revoke license.
378          (1) (a) The commission shall suspend or revoke a license to sell tobacco, as required
379     under Section 26-42-103 regarding suspension or revocation of a license due to the sale of
380     tobacco products to a person younger than 20 years of age, upon receipt of notice of an
381     enforcing agency's order or order of default finding a violation of Section 26-42-103.
382          (b) The commission shall provide written notice of the suspension or revocation to the
383     licensee.
384          (2) It is the duty of the enforcing agency to advise the commission of any order or order
385     of default finding a violation of Section 26-42-103 for which suspension or revocation of the
386     license is a penalty.
387          (3) When the commission revokes a licensee's license under this section the
388     commission may not issue to the licensee, or to the business entity using the license that is
389     revoked, a license under Section 59-14-202 or 59-14-301 to sell tobacco at the location for
390     which the license was issued for one year after:
391          (a) the day on which the time for filing an appeal of the revocation ends; or
392          (b) if the revocation is appealed, the day on which the decision to uphold the
393     revocation becomes final.
394          Section 12. Section 63I-1-210 is amended to read:
395          63I-1-210. Repeal dates, Title 10.
396          (1) Section 10-8-47.4 is repealed December 31, 2018.
397          (2) Section 10-9a-526 is repealed December 31, 2020.
398          Section 13. Section 63I-1-226 is amended to read:
399          63I-1-226. Repeal dates, Title 26.

400          (1) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
401     1, 2025.
402          (2) Section 26-10-11 is repealed July 1, 2020.
403          (3) Section 26-21-23, Licensing of non-Medicaid nursing care facility beds, is repealed
404     July 1, 2018.
405          (4) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
406          (5) Title 26, Chapter 36a, Hospital Provider Assessment Act, is repealed July 1, 2019.
407          (6) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2021.
408          (7) Section 26-38-2.5 is repealed July 1, 2017.
409          (8) Section 26-38-2.6 is repealed July 1, 2017.
410          (9) Section 26-42-103.5 is repealed December 31, 2018.
411          [(9)] (10) Title 26, Chapter 52, Autism Treatment Account, is repealed July 1, 2016.
412          [(10)] (11) Title 26, Chapter 56, Hemp Extract Registration Act, is repealed July 1,
413     2021.
414          Section 14. Section 63I-1-259 is amended to read:
415          63I-1-259. Repeal dates, Title 59.
416          (1) Subsection 59-2-924(7) is repealed on December 31, 2016.
417          (2) Subsection 59-2-924.2(9) is repealed on December 31, 2017.
418          (3) Section 59-2-924.3 is repealed on December 31, 2016.
419          (4) Section 59-7-618 is repealed July 1, 2020.
420          (5) Section 59-9-102.5 is repealed December 31, 2020.
421          (6) Section 59-10-1033 is repealed July 1, 2020.
422          (7) Subsection 59-12-2219(13) is repealed on June 30, 2020.
423          (8) Section 59-14-203.6 is repealed December 31, 2018.
424          (9) Section 59-14-216 is repealed June 30, 2022.
425          (10) Section 59-14-301.6 is repealed December 31, 2018.
426          Section 15. Section 63I-1-276 is amended to read:
427          63I-1-276. Repeal dates, Title 76.
428          (1) Section 76-10-104.5 is repealed December 31, 2018.
429          (2) Section 76-10-105.2 is repealed December 31, 2018.
430          (3) Section 76-10-105.5 is repealed December 31, 2018.

431          (4) Subsection 76-10-526(15) is repealed July 1, 2018.
432          Section 16. Section 63I-1-277 is amended to read:
433          63I-1-277. Repeal dates, Title 77.
434          Section 77-39-101.5 is repealed December 31, 2018.
435          Section 17. Section 76-10-104 is amended to read:
436          76-10-104. Providing a cigar, cigarette, electronic cigarette, or tobacco to a minor
437     -- Penalties.
438          (1) Any person who knowingly, intentionally, recklessly, or with criminal negligence
439     provides any cigar, cigarette, electronic cigarette, or tobacco in any form[,] to any person under
440     [19] 21 years of age[,] is guilty of a class C misdemeanor on the first offense, a class B
441     misdemeanor on the second offense, and a class A misdemeanor on subsequent offenses.
442          (2) [For purposes of] As used in this section, "provides":
443          (a) includes selling, giving, furnishing, sending, or causing to be sent; and
444          (b) does not include the acts of the United States Postal Service or [other] another
445     common carrier when engaged in the business of transporting and delivering packages for
446     others or the acts of a person, whether compensated or not, who transports or delivers a
447     package for another person without any reason to know of the package's content.
448          Section 18. Section 76-10-104.5 is enacted to read:
449          76-10-104.5. Providing a cigar, cigarette, electronic cigarette, or tobacco to a
450     minor -- Penalties.
451          (1) Any person who knowingly, intentionally, recklessly, or with criminal negligence
452     provides any cigar, cigarette, electronic cigarette, or tobacco in any form to any person under
453     20 years of age is guilty of a class C misdemeanor on the first offense, a class B misdemeanor
454     on the second offense, and a class A misdemeanor on subsequent offenses.
455          (2) For purposes of this section, "provides":
456          (a) includes selling, giving, furnishing, sending, or causing to be sent; and
457          (b) does not include the acts of the United States Postal Service or another common
458     carrier when engaged in the business of transporting and delivering packages for others or the
459     acts of a person, whether compensated or not, who transports or delivers a package for another
460     person without any reason to know of the package's content.
461          Section 19. Section 76-10-105 is amended to read:

462          76-10-105. Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco
463     by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
464          (1) Any [18-year-old] person who is 18 years of age or older, but younger than 21 years
465     of age, who buys or attempts to buy, accepts, or has in the person's possession any cigar,
466     cigarette, electronic cigarette, or tobacco in any form is guilty of a class C misdemeanor and
467     subject to:
468          (a) a minimum fine or penalty of $60; and
469          (b) participation in a court-approved tobacco education program, which may include a
470     participation fee.
471          (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
472     person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
473     to the jurisdiction of the juvenile court and:
474          (a) a minimum fine or penalty of $60; and
475          (b) participation in a court-approved tobacco education program, which may include a
476     participation fee.
477          (3) A compliance officer appointed by a board of education under Section 53A-3-402
478     may issue [citations for violations] a citation for a violation of this section committed on school
479     property. Cited violations shall be reported to the appropriate juvenile court.
480          Section 20. Section 76-10-105.1 is amended to read:
481          76-10-105.1. Requirement of direct, face-to-face sale of cigarettes, tobacco, and
482     electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
483          (1) As used in this section:
484          (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
485          (b) (i) "Face-to-face exchange" means a transaction made in person between an
486     individual and a retailer or retailer's employee.
487          (ii) "Face-to-face exchange" does not include a sale through a:
488          (A) vending machine; or
489          (B) self-service display.
490          (c) "Retailer" means a person who:
491          (i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal
492     consumption; or

493          (ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an
494     electronic cigarette.
495          (d) "Self-service display" means a display of a cigarette, tobacco, or an electronic
496     cigarette to which the public has access without the intervention of a retailer or retailer's
497     employee.
498          (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
499          (f) "Tobacco specialty shop" means a retailer with a physical location that derives at
500     least 80% of [its] the retailer's total sales from the sale of cigarettes, tobacco, or electronic
501     cigarettes.
502          (2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, or an
503     electronic cigarette only in a face-to-face exchange.
504          (3) The face-to-face sale requirement in Subsection (2) does not apply to:
505          (a) a mail-order, telephone, or Internet sale made in compliance with Section
506     59-14-509;
507          (b) a sale from a vending machine or self-service display that is located in an area of a
508     retailer's facility:
509          (i) that is distinct and separate from the rest of the facility; and
510          (ii) where the retailer only allows an individual who complies with Subsection (4) to be
511     present; or
512          (c) a sale at a tobacco specialty shop.
513          (4) An individual who is less than [19] 21 years old may not enter or be present at a
514     tobacco specialty shop unless the individual is:
515          (a) accompanied by a parent or legal guardian;
516          (b) present at the tobacco shop for a bona fide commercial purpose other than to
517     purchase a cigarette, tobacco, or an electronic cigarette; or
518          (c) 18 years old or older and an active duty member of the United States Armed Forces,
519     as demonstrated by a valid, government-issued military identification card.
520          (5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual
521     into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not allow the
522     individual to purchase a cigarette, tobacco, or an electronic cigarette.
523          (6) A violation of Subsection (2) or (4) is a:

524          (a) class C misdemeanor on the first offense;
525          (b) class B misdemeanor on the second offense; and
526          (c) class A misdemeanor on the third and all subsequent offenses.
527          (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
528     under Section 76-10-104.
529          (8) (a) Any ordinance, regulation, or rule adopted by the governing body of a political
530     subdivision of the state or by a state agency that affects the sale, placement, or display of
531     cigarettes, tobacco, or electronic cigarettes that is not essentially identical to the provisions of
532     this section and Section 76-10-102 is superseded.
533          (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
534     ordinance by a municipal or county government.
535          Section 21. Section 76-10-105.2 is enacted to read:
536          76-10-105.2. Requirement of direct, face-to-face sale of cigarettes, tobacco, and
537     electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
538          (1) As used in this section:
539          (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
540          (b) (i) "Face-to-face exchange" means a transaction made in person between an
541     individual and a retailer or retailer's employee.
542          (ii) "Face-to-face exchange" does not include a sale through a:
543          (A) vending machine; or
544          (B) self-service display.
545          (c) "Retailer" means a person who:
546          (i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal
547     consumption; or
548          (ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an
549     electronic cigarette.
550          (d) "Self-service display" means a display of a cigarette, tobacco, or an electronic
551     cigarette to which the public has access without the intervention of a retailer or retailer's
552     employee.
553          (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
554          (f) "Tobacco specialty shop" means a retailer with a physical location that derives at

555     least 80% of the retailer's total sales from the sale of cigarettes, tobacco, or electronic
556     cigarettes.
557          (2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, or an
558     electronic cigarette only in a face-to-face exchange.
559          (3) The face-to-face sale requirement in Subsection (2) does not apply to:
560          (a) a mail-order, telephone, or Internet sale made in compliance with Section
561     59-14-509;
562          (b) a sale from a vending machine or self-service display that is located in an area of a
563     retailer's facility:
564          (i) that is distinct and separate from the rest of the facility; and
565          (ii) where the retailer only allows an individual who complies with Subsection (4) to be
566     present; or
567          (c) a sale at a tobacco specialty shop.
568          (4) An individual who is less than 20 years old may not enter or be present at a tobacco
569     specialty shop unless the individual is:
570          (a) accompanied by a parent or legal guardian;
571          (b) present at the tobacco shop for a bona fide commercial purpose other than to
572     purchase a cigarette, tobacco, or an electronic cigarette; or
573          (c) 18 years old or older and an active duty member of the United States Armed Forces,
574     as demonstrated by a valid, government-issued military identification card.
575          (5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual
576     into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not allow the
577     individual to purchase a cigarette, tobacco, or an electronic cigarette.
578          (6) A violation of Subsection (2) or (4) is a:
579          (a) class C misdemeanor on the first offense;
580          (b) class B misdemeanor on the second offense; and
581          (c) class A misdemeanor on the third and all subsequent offenses.
582          (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
583     under Section 76-10-104.
584          (8) (a) Any ordinance, regulation, or rule adopted by the governing body of a political
585     subdivision of the state or by a state agency that affects the sale, placement, or display of

586     cigarettes, tobacco, or electronic cigarettes that is not essentially identical to the provisions of
587     this section and Section 76-10-102 is superseded.
588          (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
589     ordinance by a municipal or county government.
590          Section 22. Section 76-10-105.5 is enacted to read:
591          76-10-105.5. Buying or possessing a cigar, cigarette, electronic cigarette, or
592     tobacco by a minor -- Penalty -- Compliance officer authority -- Juvenile court
593     jurisdiction.
594          (1) Any person who is 18 or 19 years of age who buys or attempts to buy, accepts, or
595     has in the person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is
596     guilty of a class C misdemeanor and subject to:
597          (a) a minimum fine or penalty of $60; and
598          (b) participation in a court-approved tobacco education program, which may include a
599     participation fee.
600          (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
601     person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
602     to the jurisdiction of the juvenile court and:
603          (a) a minimum fine or penalty of $60; and
604          (b) participation in a court-approved tobacco education program, which may include a
605     participation fee.
606          (3) A compliance officer appointed by a board of education under Section 53A-3-402
607     may issue a citation for a violation of this section committed on school property. Cited
608     violations shall be reported to the appropriate juvenile court.
609          Section 23. Section 77-39-101 is amended to read:
610          77-39-101. Investigation of sales of alcohol, tobacco, and electronic cigarettes to
611     underage persons.
612          (1) As used in this section, "electronic cigarette" [is as] means the same as that term is
613     defined in Section 76-10-101.
614          (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
615     Classifications, may investigate the possible violation of:
616          (i) Section 32B-4-403 by requesting an individual under the age of 21 years to enter

617     into and attempt to purchase or make a purchase of alcohol from a retail establishment; or
618          (ii) Section 76-10-104 by requesting an individual under the age of [19] 21 years to
619     enter into and attempt to purchase or make a purchase from a retail establishment of:
620          (A) a cigar;
621          (B) a cigarette;
622          (C) tobacco in any form; or
623          (D) an electronic cigarette.
624          (b) A peace officer who is present at the site of a proposed purchase shall direct,
625     supervise, and monitor the individual requested to make the purchase.
626          (c) Immediately following a purchase or attempted purchase or as soon as practical the
627     supervising peace officer shall inform the cashier and the proprietor or manager of the retail
628     establishment that the attempted purchaser was under the legal age to purchase:
629          (i) alcohol; or
630          (ii) (A) a cigar;
631          (B) a cigarette;
632          (C) tobacco in any form; or
633          (D) an electronic cigarette.
634          (d) If a citation or information is issued, [it] the citation or information shall be issued
635     within seven days of the purchase.
636          (3) (a) If an individual under the age of 18 years old is requested to attempt a purchase
637     under this section, a written consent of that individual's parent or guardian shall be obtained
638     prior to that individual participating in any attempted purchase.
639          (b) An individual requested by the peace officer to attempt a purchase may:
640          (i) be a trained volunteer; or
641          (ii) receive payment, but may not be paid based on the number of successful purchases
642     of alcohol, tobacco, or an electronic cigarette.
643          (4) The individual requested by the peace officer to attempt a purchase and anyone
644     accompanying the individual attempting a purchase may not during the attempted purchase
645     misrepresent the age of the individual by false or misleading identification documentation in
646     attempting the purchase.
647          (5) An individual requested to attempt to purchase or make a purchase pursuant to this

648     section is immune from prosecution, suit, or civil liability for the purchase of, attempted
649     purchase of, or possession of alcohol, a cigar, a cigarette, tobacco in any form, or an electronic
650     cigarette if a peace officer directs, supervises, and monitors the individual.
651          (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
652     shall be conducted:
653          (i) on a random basis; and
654          (ii) within a 12-month period at any one retail establishment location not more often
655     than:
656          (A) four times for the attempted purchase of:
657          (I) a cigar;
658          (II) a cigarette;
659          (III) tobacco in any form; or
660          (IV) an electronic cigarette; and
661          (B) four times for the attempted purchase of alcohol.
662          (b) [Nothing in this section shall] This section does not prohibit an investigation under
663     this section if:
664          (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
665     cigar, a cigarette, tobacco in any form, or an electronic cigarette to an individual under the age
666     established by Section 32B-4-403 or 76-10-104; and
667          (ii) the supervising peace officer makes a written record of the grounds for the
668     reasonable suspicion.
669          (7) (a) The peace officer exercising direction, supervision, and monitoring of the
670     attempted purchase shall make a report of the attempted purchase, whether or not a purchase
671     was made.
672          (b) The report required by this Subsection (7) shall include:
673          (i) the name of the supervising peace officer;
674          (ii) the name of the individual attempting the purchase;
675          (iii) a photograph of the individual attempting the purchase showing how that
676     individual appeared at the time of the attempted purchase;
677          (iv) the name and description of the cashier or proprietor from whom the individual
678     attempted the purchase;

679          (v) the name and address of the retail establishment; and
680          (vi) the date and time of the attempted purchase.
681          Section 24. Section 77-39-101.5 is enacted to read:
682          77-39-101.5. Investigation of sales of alcohol, tobacco, and electronic cigarettes to
683     underage persons.
684          (1) As used in this section, "electronic cigarette" means the same as that term is defined
685     in Section 76-10-101.
686          (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
687     Classifications, may investigate the possible violation of:
688          (i) Section 32B-4-403 by requesting an individual under the age of 21 years to enter
689     into and attempt to purchase or make a purchase of alcohol from a retail establishment; or
690          (ii) Section 76-10-104 by requesting an individual under the age of 20 years to enter
691     into and attempt to purchase or make a purchase from a retail establishment of:
692          (A) a cigar;
693          (B) a cigarette;
694          (C) tobacco in any form; or
695          (D) an electronic cigarette.
696          (b) A peace officer who is present at the site of a proposed purchase shall direct,
697     supervise, and monitor the individual requested to make the purchase.
698          (c) Immediately following a purchase or attempted purchase or as soon as practical the
699     supervising peace officer shall inform the cashier and the proprietor or manager of the retail
700     establishment that the attempted purchaser was under the legal age to purchase:
701          (i) alcohol; or
702          (ii) (A) a cigar;
703          (B) a cigarette;
704          (C) tobacco in any form; or
705          (D) an electronic cigarette.
706          (d) If a citation or information is issued, the citation or information shall be issued
707     within seven days of the purchase.
708          (3) (a) If an individual under the age of 18 years old is requested to attempt a purchase,
709     a written consent of that individual's parent or guardian shall be obtained prior to that

710     individual participating in any attempted purchase.
711          (b) An individual requested by the peace officer to attempt a purchase may:
712          (i) be a trained volunteer; or
713          (ii) receive payment, but may not be paid based on the number of successful purchases
714     of alcohol, tobacco, or an electronic cigarette.
715          (4) The individual requested by the peace officer to attempt a purchase and anyone
716     accompanying the individual attempting a purchase may not during the attempted purchase
717     misrepresent the age of the individual by false or misleading identification documentation in
718     attempting the purchase.
719          (5) An individual requested to attempt to purchase or make a purchase pursuant to this
720     section is immune from prosecution, suit, or civil liability for the purchase of, attempted
721     purchase of, or possession of alcohol, a cigar, a cigarette, tobacco in any form, or an electronic
722     cigarette if a peace officer directs, supervises, and monitors the individual.
723          (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
724     shall be conducted:
725          (i) on a random basis; and
726          (ii) within a 12-month period at any one retail establishment location not more often
727     than:
728          (A) four times for the attempted purchase of a cigar, a cigarette, tobacco in any form,
729     or an electronic cigarette; and
730          (B) four times for the attempted purchase of alcohol.
731          (b) Nothing in this section shall prohibit an investigation under this section if:
732          (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
733     cigar, a cigarette, tobacco in any form, or an electronic cigarette to an individual under the age
734     established by Section 32B-4-403 or 76-10-104; and
735          (ii) the supervising peace officer makes a written record of the grounds for the
736     reasonable suspicion.
737          (7) (a) The peace officer exercising direction, supervision, and monitoring of the
738     attempted purchase shall make a report of the attempted purchase, whether or not a purchase
739     was made.
740          (b) The report required by this Subsection (7) shall include:

741          (i) the name of the supervising peace officer;
742          (ii) the name of the individual attempting the purchase;
743          (iii) a photograph of the individual attempting the purchase showing how that
744     individual appeared at the time of the attempted purchase;
745          (iv) the name and description of the cashier or proprietor from whom the individual
746     attempted the purchase;
747          (v) the name and address of the retail establishment; and
748          (vi) the date and time of the attempted purchase.
749          Section 25. Effective date.
750          (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2018.
751          (2) The following sections take effect on January 1, 2019:
752          (a) Section 10-8-47;
753          (b) Section 26-42-103;
754          (c) Section 76-10-104;
755          (d) Section 76-10-105; and
756          (e) Section 77-39-101.






Legislative Review Note
Office of Legislative Research and General Counsel