1     
TOBACCO AGE AMENDMENTS

2     
2018 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 and creates a restricted account.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies provisions of the Utah Code to provide that:
14               •     beginning on July 1, 2019, the minimum age for obtaining, possessing, or using
15     tobacco products or paraphernalia is 20 years of age; and
16               •     beginning on January 1, 2020, the minimum age for obtaining, possessing, or
17     using tobacco products or paraphernalia is 21 years of age;
18          ▸     creates the Legal Tobacco Age Restricted Account;
19          ▸     addresses identification requirements; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:
26     AMENDS:
27          10-8-47, as last amended by Laws of Utah 2012, Chapter 140

28          26-42-103, as last amended by Laws of Utah 2015, Chapter 132
29          51-9-203, as last amended by Laws of Utah 2012, Chapter 242
30          53-3-207, as last amended by Laws of Utah 2016, Chapter 350
31          53-3-806, as last amended by Laws of Utah 2010, Chapter 276
32          59-14-203.5, as last amended by Laws of Utah 2011, Chapter 96
33          59-14-301.5, as last amended by Laws of Utah 2011, Chapter 96
34          59-14-703, as enacted by Laws of Utah 2013, Chapter 148
35          76-10-103, as enacted by Laws of Utah 1973, Chapter 196
36          76-10-104, as last amended by Laws of Utah 2010, Chapter 114
37          76-10-104.1, as last amended by Laws of Utah 2013, Chapter 278
38          76-10-105, as last amended by Laws of Utah 2017, Chapter 330
39          76-10-105.1, as last amended by Laws of Utah 2015, Chapters 66 and 132
40          77-39-101, as last amended by Laws of Utah 2010, Chapters 114 and 276
41     ENACTS:
42          59-14-216, Utah Code Annotated 1953
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 10-8-47 is amended to read:
46          10-8-47. Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit
47     larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False pretenses
48     and embezzlement -- Sale of liquor, narcotics, or tobacco to minors -- Possession of
49     controlled substances -- Treatment of alcoholics and narcotics or drug addicts.
50          (1) A municipal legislative body may:
51          (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
52     bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
53     battery and petit larceny; [the municipal legislative body may]
54          (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
55     house, or place in the city; [the municipal legislative body may]
56          (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any
57     other dangerous or combustible material; [the municipal legislative body may]
58          (d) provide against and prevent the offense of obtaining money or property under false

59     pretenses and the offense of embezzling money or property in all cases where the money or
60     property embezzled or obtained under false pretenses does not exceed in value the sum of $500
61     [and may];
62          (e) prohibit the sale, giving away, or furnishing of narcotics[,] or alcoholic beverages to
63     a person younger than 21 years of age[, or tobacco to any person younger than 19 years of age;
64     cities];
65          (f) prohibit the sale, giving away, or furnishing of combustible or chewing tobacco to a
66     person younger than:
67          (i) beginning July 1, 2019, and ending December 31, 2019, 20 years of age; and
68          (ii) beginning January 1, 2020, 21 years of age; and
69          (g) prohibit the sale, giving away, or furnishing of e-cigarettes to a person younger than
70     19 years of age.
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 26-42-103 is amended to read:
79          26-42-103. Violations and penalties -- Imposition by enforcing agency and tax
80     commission.
81          (1) If, following an investigation or issuance of a citation or information under Section
82     77-39-101, an enforcing agency determines under Section 26-42-104 that a licensee or any
83     employee has sold tobacco to a person [younger than 19 years of age, as prohibited by] in
84     violation of Section 76-10-104, the enforcing agency may impose upon the licensee the
85     following administrative penalties:
86          (a) upon the first violation, a penalty of not more than $300;
87          (b) upon a second violation at the same retail location, and within 12 months of the
88     first violation, a penalty of not more than $750; and
89          (c) upon a third or subsequent violation at the same retail location, and within 12

90     months of the first violation, a penalty of not more than $1,000.
91          (2) The enforcing agency shall notify the commission in writing of any order or order
92     of default finding a violation of Subsection (1) which is a third or fourth violation.
93          (3) The commission, upon receipt of the written notification under Subsection (2), shall
94     take action under Section 59-14-203.5 or 59-14-301.5 against the license to sell tobacco:
95          (a) by suspending the licensee's license to sell tobacco at that location for not more
96     than 30 days, upon receipt of notification of a third violation under Subsection (1)(c); and
97          (b) by revoking the license to sell tobacco at that location held by the licensee,
98     including any license under suspension, upon receipt of notification of a fourth violation under
99     Subsection (1)(c).
100          (4) When the commission revokes a license under Subsection (3)(b), the commission
101     may not issue to the licensee, or to the business entity using the license that is revoked, a
102     license under Section 59-14-202, 59-14-301, or 59-14-803 to sell tobacco at the location for
103     which the license was issued for one year after:
104          (a) the day on which the time for filing an appeal of the revocation ends; or
105          (b) if the revocation is appealed, the day on which the decision to uphold the
106     revocation becomes final.
107          (5) This section does not prevent any bona fide purchaser of the business, who is not a
108     sole proprietor, director, corporate officer, or partner or other holder of significant interest in
109     the entity selling the business, from immediately applying for and obtaining a license to sell
110     tobacco.
111          Section 3. Section 51-9-203 is amended to read:
112          51-9-203. Requirements for tobacco programs.
113          (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
114     cessation, or control program, an organization, whether private, governmental, or
115     quasi-governmental, shall:
116          (a) submit a request to the Department of Health containing the following information:
117          (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
118     sound management and periodic evaluation of the campaign's relevance to the intended
119     audience, particularly in campaigns directed toward youth, including audience awareness of the
120     campaign and recollection of the main message;

121          (ii) for school-based education programs to prevent and reduce youth smoking, the
122     request shall describe how the program will be effective in preventing and reducing youth
123     smoking;
124          (iii) for community-based programs to prevent and reduce smoking, the request shall
125     demonstrate that the proposed program:
126          (A) has a comprehensive strategy with a clear mission and goals;
127          (B) provides for committed, caring, and professional leadership; and
128          (C) if directed toward youth:
129          (I) offers youth-centered activities in youth accessible facilities;
130          (II) is culturally sensitive, inclusive, and diverse;
131          (III) involves youth in the planning, delivery, and evaluation of services that affect
132     them; and
133          (IV) offers a positive focus that is inclusive of all youth; and
134          (iv) for enforcement, control, and compliance program, the request shall demonstrate
135     that the proposed program can reasonably be expected to reduce the extent to which
136     combustible and chewing tobacco products are available to individuals under [the age of 19;]:
137          (A) beginning July 1, 2019, and ending December 31, 2019, 20 years of age; and
138          (B) beginning January 1, 2020, 21 years of age;
139          (b) agree, by contract, to file an annual written report with the Department of Health.
140     The report shall contain the following:
141          (i) the amount funded;
142          (ii) the amount expended;
143          (iii) a description of the program or campaign and the number of adults and youth who
144     participated;
145          (iv) specific elements of the program or campaign meeting the applicable criteria set
146     forth in Subsection (1)(a); and
147          (v) a statement concerning the success and effectiveness of the program or campaign;
148          (c) agree, by contract, to not use any funds received under this part directly or
149     indirectly, to:
150          (i) engage in any lobbying or political activity, including the support of, or opposition
151     to, candidates, ballot questions, referenda, or similar activities; or

152          (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
153     enforce:
154          (A) the provisions of the Master Settlement Agreement;
155          (B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
156          (C) Title 26, Chapter 42, Civil Penalties for Tobacco Sales to Underage Persons; and
157          (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
158          (d) agree, by contract, to repay the funds provided under this part if the organization:
159          (i) fails to file a timely report as required by Subsection (1)(b); or
160          (ii) uses any portion of the funds in violation of Subsection (1)(c).
161          (2) The Department of Health shall review and evaluate the success and effectiveness
162     of any program or campaign that receives funding pursuant to a request submitted under
163     Subsection (1). The review and evaluation:
164          (a) shall include a comparison of annual smoking trends;
165          (b) may be conducted by an independent evaluator; and
166          (c) may be paid for by funds appropriated from the account for that purpose.
167          (3) The Department of Health shall annually report to the Social Services
168     Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
169          (4) An organization that fails to comply with the contract requirements set forth in
170     Subsection (1) shall:
171          (a) repay the state as provided in Subsection (1)(d); and
172          (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
173          (5) The attorney general shall be responsible for recovering funds that are required to
174     be repaid to the state under this section.
175          (6) Nothing in this section may be construed as applying to funds that are not
176     appropriated under this part.
177          Section 4. Section 53-3-207 is amended to read:
178          53-3-207. License certificates or driving privilege cards issued to drivers by class
179     of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
180     licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
181          (1) As used in this section:
182          (a) "Driving privilege" means the privilege granted under this chapter to drive a motor

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

214     military veteran for a regular license certificate or limited-term license certificate issued on or
215     after July 1, 2011.
216          (b) A regular license certificate or limited-term license certificate issued to any person
217     younger than 21 years on a portrait-style format as required in Subsection (5)(b)(i) is not
218     required to include an indication that the person is a United States military veteran under
219     Subsection (3)(a)(viii).
220          (c) A new license certificate issued by the division may not bear the person's social
221     security number.
222          (d) (i) The regular license certificate, limited-term license certificate, or driving
223     privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
224          (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
225     license certificate, limited-term license certificate, or driving privilege card shall be as
226     prescribed by the commissioner.
227          (iii) The commissioner may also prescribe the issuance of a special type of limited
228     regular license certificate, limited-term license certificate, or driving privilege card under
229     Subsection 53-3-220(4).
230          (4) (a) (i) The division, upon determining after an examination that an applicant is
231     mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
232     receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
233     license certificate.
234          (ii) (A) The division shall issue a temporary regular license certificate or temporary
235     limited-term license certificate allowing the person to drive a motor vehicle while the division
236     is completing its investigation to determine whether the person is entitled to be granted a
237     driving privilege.
238          (B) A temporary regular license certificate or a temporary limited-term license
239     certificate issued under this Subsection (4) shall be recognized and have the same rights and
240     privileges as a regular license certificate or a limited-term license certificate.
241          (b) The temporary regular license certificate or temporary limited-term license
242     certificate shall be in the person's immediate possession while driving a motor vehicle, and it is
243     invalid when the person's regular license certificate or limited-term license certificate has been
244     issued or when, for good cause, the privilege has been refused.

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

276          (ii) clearly displaying on the front of the driving privilege card a phrase substantially
277     similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
278          (8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
279     permit, temporary regular license certificate, temporary limited-term license certificate, or any
280     other temporary permit.
281          (9) The division shall issue temporary license certificates of the same nature, except as
282     to duration, as the license certificates that they temporarily replace, as are necessary to
283     implement applicable provisions of this section and Section 53-3-223.
284          (10) (a) A governmental entity may not accept a driving privilege card as proof of
285     personal identification.
286          (b) A driving privilege card may not be used as a document providing proof of a
287     person's age for any government required purpose.
288          (11) A person who violates Subsection (2)(b) is guilty of an infraction.
289          (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
290     fees, restrictions, and sanctions under this code apply to a:
291          (a) driving privilege in the same way as a license or limited-term license issued under
292     this chapter; and
293          (b) limited-term license certificate or driving privilege card in the same way as a
294     regular license certificate issued under this chapter.
295          Section 5. Section 53-3-806 is amended to read:
296          53-3-806. Portrait-style format -- Minor's card distinguishable.
297          (1) The division shall use a portrait-style format for all identification cards, similar to
298     the format used for license certificates issued to a person younger than 21 years of age under
299     Section 53-3-207.
300          (2) The identification card issued to a person younger than 21 years of age shall be
301     distinguished by use of plainly printed information or by the use of a color or other means not
302     used for the identification card issued to a person 21 years of age or older.
303          (3) The division shall distinguish an identification card issued to any person[: (a)]
304     younger than 21 years of age by plainly printing the date the identification card holder is 21
305     years of age[, which is the legal age for purchasing an alcoholic beverage or alcoholic product
306     under Section 32B-4-403; and].

307          [(b) younger than 19 years of age by plainly printing the date the identification card
308     holder is 19 years of age, which is the legal age for purchasing tobacco products under Section
309     76-10-104.]
310          (4) The division shall distinguish a limited-term identification card by clearly
311     indicating on the card:
312          (a) that it is temporary; and
313          (b) its expiration date.
314          Section 6. Section 59-14-203.5 is amended to read:
315          59-14-203.5. Commission action to suspend or revoke license.
316          (1) (a) [The] Upon receipt of notice of an enforcing agency's finding of a violation of
317     Section 26-42-103, the commission shall suspend or revoke [licenses] a license to sell
318     combustible and chewing tobacco, as required under Section 26-42-103 regarding suspension
319     or revocation of a license due to the sale of cigarettes to a person younger than [19 years of age,
320     upon receipt of notice of an enforcing agency's finding of a violation of Section 26-42-103.]:
321          (i) beginning July 1, 2019, and ending December 31, 2019, 20 years of age; and
322          (ii) beginning January 1, 2020, 21 years of age.
323          (b) The commission shall provide written notice of the suspension or revocation to the
324     licensee.
325          (2) It is the duty of the enforcing agency to advise the commission of any finding of a
326     violation of Section 26-42-103 for which suspension or revocation of the license is a penalty.
327          (3) When the commission revokes a licensee's license under this section the
328     commission may not issue to the licensee, or to the business entity using the license that is
329     revoked, a license under Section 59-14-202 or 59-14-301 to sell tobacco at the location for
330     which the license was issued for one year after:
331          (a) the day on which the time for filing an appeal of the revocation ends; or
332          (b) if the revocation is appealed, the day on which the decision to uphold the
333     revocation becomes final.
334          Section 7. Section 59-14-216 is enacted to read:
335          59-14-216. Legal Tobacco Age Restricted Account.
336          (1) There is created within the General Fund a restricted account known as the "Legal
337     Tobacco Age Restricted Account."

338          (2) The account created in Subsection (1) consists of:
339          (a) the cumulative annual growth of revenue from cigarette and tobacco taxes over the
340     amount collected in fiscal year 2019, beginning in fiscal year 2020; and
341          (b) the first $1,000,000 of annual growth from the gross revenue from the sale of liquor
342     by the Department of Alcoholic Beverage Control, as provided under Title 32B, Chapter 2,
343     Alcoholic Beverage Control Administration Act, over the amount collected in fiscal year 2019,
344     beginning in fiscal year 2020.
345          (3) Upon appropriations by the Legislature, money from the account created in
346     Subsection (1) shall be deposited into the General Fund.
347          (4) The account created in Subsection (1) is repealed on June 30, 2023.
348          Section 8. Section 59-14-301.5 is amended to read:
349          59-14-301.5. Commission action to suspend or revoke license.
350          (1) (a) [The] Upon receipt of notice of an enforcing agency's order or order of default,
351     finding a violation of Section 26-42-103, the commission shall suspend or revoke [licenses] a
352     license to sell tobacco, as required under Section 26-42-103 regarding suspension or revocation
353     of a license due to the sale of tobacco products to a person younger than [19 years of age, upon
354     receipt of notice of an enforcing agency's order or order of default, finding a violation of
355     Section 26-42-103.]:
356          (i) beginning July 1, 2019, and ending December 31, 2019, 20 years of age; and
357          (ii) beginning January 1, 2020, 21 years of age.
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 at the location for
366     which the license was issued for one year after:
367          (a) the day on which the time for filing an appeal of the revocation ends; or
368          (b) if the revocation is appealed, the day on which the decision to uphold the

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

400          (iii) each person from whom the cigarette rolling machine operator will purchase or be
401     provided tobacco products that the cigarette rolling machine operator will use to produce
402     cigarettes; and
403          (b) certify, under penalty of perjury, that:
404          (i) the tobacco to be used in the cigarette rolling machine operator's cigarette rolling
405     machine, regardless of the tobacco's label or description, shall be only of a:
406          (A) brand family listed on the commission's directory listing required by Section
407     59-14-603; and
408          (B) tobacco product manufacturer listed on the commission's directory listing required
409     by Section 59-14-603;
410          (ii) the cigarette rolling machine operator shall prohibit another person who uses the
411     cigarette rolling machine operator's cigarette rolling machine from using tobacco, a wrapper, or
412     a cover except for tobacco, a wrapper, or a cover purchased by or provided to the cigarette
413     rolling machine operator from a person identified in accordance with Subsection (5)(a)(iii);
414          (iii) the cigarette rolling machine operator holds a current license issued in accordance
415     with this chapter;
416          (iv) the cigarettes produced from the cigarette rolling machine shall comply with Title
417     53, Chapter 7, Part 4, The Reduced Cigarette Ignition Propensity and Firefighter Protection
418     Act;
419          (v) the cigarette rolling machine shall be located in a separate and defined area where
420     the cigarette rolling machine operator ensures that a person younger than [19 years of age]
421     beginning July 1, 2019, and ending December 31, 2019, 20 years of age, and beginning January
422     1, 2020, 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 place of business to knowingly
440     permit [persons under age 19] an individual to frequent a place of business while [they are]
441     using combustible or chewing tobacco if the individual is younger than:
442          (1) beginning July 1, 2019, and ending December 31, 2019, 20 years of age; and
443          (2) beginning January 1, 2020, 21 years of age.
444          Section 11. Section 76-10-104 is amended to read:
445          76-10-104. Providing a cigar, cigarette, electronic cigarette, or tobacco to a minor
446     -- Penalties.
447          (1) (a) [Any person] A person violates this section who knowingly, intentionally,
448     recklessly, or with criminal negligence provides:
449          (i) any cigar, cigarette, [electronic cigarette,] or tobacco in any form[,] to any person
450     under [19 years of age,]:
451          (A) beginning July 1, 2019, and ending December 31, 2019, 20 years of age; and
452          (B) beginning January 1, 2020, 21 years of age; or
453          (ii) an electronic cigarette to a person under 19 years of age.
454          (b) A person who violates this section is guilty of a class C misdemeanor on the first
455     offense, a class B misdemeanor on the second offense, and a class A misdemeanor on
456     subsequent offenses.
457          (2) [For purposes of] As used in this section, "provides":
458          (a) includes selling, giving, furnishing, sending, or causing to be sent; and
459          (b) does not include the acts of the United States Postal Service or [other] another
460     common carrier when engaged in the business of transporting and delivering packages for
461     others or the acts of a person, whether compensated or not, who transports or delivers a

462     package for another person without any reason to know of the package's content.
463          Section 12. Section 76-10-104.1 is amended to read:
464          76-10-104.1. Providing tobacco paraphernalia to minors -- Penalties.
465          (1) For purposes of this section:
466          (a) "Provides":
467          (i) includes selling, giving, furnishing, sending, or causing to be sent; and
468          (ii) does not include the acts of the United States Postal Service or other common
469     carrier when engaged in the business of transporting and delivering packages for others or the
470     acts of a person, whether compensated or not, who transports or delivers a package for another
471     person without any reason to know of the package's content.
472          (b) "Tobacco paraphernalia":
473          (i) means any equipment, product, or material of any kind which is used, intended for
474     use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or
475     otherwise introduce a cigar, cigarette, or tobacco in any form into the human body, including:
476          (A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
477     screens, permanent screens, hashish heads, or punctured metal bowls;
478          (B) water pipes;
479          (C) carburetion tubes and devices;
480          (D) smoking and carburetion masks;
481          (E) roach clips: meaning objects used to hold burning material, such as a cigarette, that
482     has become too small or too short to be held in the hand;
483          (F) chamber pipes;
484          (G) carburetor pipes;
485          (H) electric pipes;
486          (I) air-driven pipes;
487          (J) chillums;
488          (K) bongs; and
489          (L) ice pipes or chillers; and
490          (ii) does not include matches or lighters.
491          (2) (a) It is unlawful for a person to knowingly, intentionally, recklessly, or with
492     criminal negligence provide any tobacco paraphernalia to any person under [19 years of age.]:

493          (i) beginning July 1, 2019, and ending December 31, 2019, 20 years of age; and
494          (ii) beginning January 1, 2020, 21 years of age.
495          (b) A person who violates this section is guilty of a class C misdemeanor on the first
496     offense and a class B misdemeanor on subsequent offenses.
497          Section 13. Section 76-10-105 is amended to read:
498          76-10-105. Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco
499     by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
500          (1) (a) [Any 18 year old] A person who is 18 years or older, but younger than the age
501     specified in Subsection (1)(b), and buys or attempts to buy, accepts, or has in the person's
502     possession any cigar, cigarette, [electronic cigarette,] or tobacco in any form is guilty of a class
503     C misdemeanor and subject to:
504          [(a)] (i) a minimum fine or penalty of $60; and
505          [(b)] (ii) participation in a court-approved tobacco education program, which may
506     include a participation fee.
507          (b) For purposes of Subsection (1)(a), the person is younger than:
508          (i) beginning July 1, 2019, and ending December 31, 2019, 20 years of age; and
509          (ii) beginning January 1, 2020, 21 years of age.
510          (c) Any person who is 18 years or older, but younger than 19 years of age, buys or
511     attempts to buy, accepts, or has in the person's possession an electronic cigarette is guilty of a
512     class C misdemeanor and subject to:
513          (i) a minimum fine or penalty of $60; and
514          (ii) participation in a court-approved tobacco education program, which may include a
515     participation fee.
516          (2) [Any] A person under the age of 18 who buys or attempts to buy, accepts, or has in
517     the person's possession [any] a cigar, cigarette, electronic cigarette, or tobacco in any form is
518     subject to the jurisdiction of the juvenile court and subject to Section 78A-6-602, unless the
519     violation is committed on school property. If a violation under this section is adjudicated under
520     Section 78A-6-117, the minor may be subject to the following:
521          (a) a fine or penalty, in accordance with Section 78A-6-117; and
522          (b) participation in a court-approved tobacco education program, which may include a
523     participation fee.

524          (3) A compliance officer appointed by a board of education under Section [53A-3-402]
525     53G-4-402 may not issue a citation for a violation of this section committed on school
526     property. A cited violation committed on school property shall be addressed in accordance with
527     Section [53A-11-911] 53G-8-211.
528          Section 14. Section 76-10-105.1 is amended to read:
529          76-10-105.1. Requirement of direct, face-to-face sale of cigarettes, tobacco, and
530     electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
531          (1) As used in this section:
532          (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
533          (b) (i) "Face-to-face exchange" means a transaction made in person between an
534     individual and a retailer or retailer's employee.
535          (ii) "Face-to-face exchange" does not include a sale through a:
536          (A) vending machine; or
537          (B) self-service display.
538          (c) "Retailer" means a person who:
539          (i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal
540     consumption; or
541          (ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an
542     electronic cigarette.
543          (d) "Self-service display" means a display of a cigarette, tobacco, or an electronic
544     cigarette to which the public has access without the intervention of a retailer or retailer's
545     employee.
546          (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
547          (f) "Tobacco specialty shop" means a retailer with a physical location that derives at
548     least 80% of [its] the retailer's total sales from the sale of cigarettes, tobacco, or electronic
549     cigarettes.
550          (2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, or an
551     electronic cigarette only in a face-to-face exchange.
552          (3) The face-to-face sale requirement in Subsection (2) does not apply to:
553          (a) a mail-order, telephone, or Internet sale made in compliance with Section
554     59-14-509;

555          (b) a sale from a vending machine or self-service display that is located in an area of a
556     retailer's facility:
557          (i) that is distinct and separate from the rest of the facility; and
558          (ii) where the retailer only allows an individual who complies with Subsection (4) to be
559     present; or
560          (c) a sale at a tobacco specialty shop.
561          (4) (a) An individual who is less than [19 years old] the age specified in Subsection
562     (4)(b) may not enter or be present at a tobacco specialty shop unless the individual is:
563          [(a)] (i) accompanied by a parent or legal guardian;
564          [(b)] (ii) present at the tobacco shop for a bona fide commercial purpose other than to
565     purchase a cigarette, tobacco, or an electronic cigarette; or
566          [(c)] (iii) 18 years old or older and an active duty member of the United States Armed
567     Forces, as demonstrated by a valid, government-issued military identification card.
568          (b) For purposes of Subsection (4)(a), the person is younger than:
569          (i) beginning July 1, 2019, and ending December 31, 2019, 20 years of age; and
570          (ii) beginning January 1, 2020, 21 years of age.
571          (5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual
572     into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not allow the
573     individual to purchase a cigarette, tobacco, or an electronic cigarette.
574          (6) A violation of Subsection (2) or (4) is a:
575          (a) class C misdemeanor on the first offense;
576          (b) class B misdemeanor on the second offense; and
577          (c) class A misdemeanor on the third and all subsequent offenses.
578          (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
579     under Section 76-10-104.
580          (8) (a) [Any] An ordinance, regulation, or rule adopted by the governing body of a
581     political subdivision of the state or by a state agency that affects the sale, placement, or display
582     of cigarettes, tobacco, or electronic cigarettes that is not essentially identical to the provisions
583     of this section and Section 76-10-102 is superseded.
584          (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
585     ordinance by a municipal or county government.

586          Section 15. Section 77-39-101 is amended to read:
587          77-39-101. Investigation of sales of alcohol, tobacco, and electronic cigarettes to
588     underage persons.
589          (1) As used in this section, "electronic cigarette" [is as] means the same as that term is
590     defined in Section 76-10-101.
591          (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
592     Classifications, may investigate the possible violation of:
593          (i) Section 32B-4-403 by requesting an individual under the age of 21 years to enter
594     into and attempt to purchase or make a purchase of alcohol from a retail establishment; or
595          (ii) Section 76-10-104 by requesting an individual under the age [of 19 years] specified
596     in Subsection (2)(f) to enter into and attempt to purchase or make a purchase from a retail
597     establishment of:
598          (A) a cigar;
599          (B) a cigarette; or
600          (C) tobacco in any form[; or].
601          [(D) an electronic cigarette.]
602          (b) A peace officer, as defined by Title 53, Chapter 13, Peace Officer Classifications,
603     may investigate the possible violation of Section 76-10-104 by requesting an individual under
604     the age of 19 years to enter into and attempt to purchase or make a purchase from a retail
605     establishment of an electronic cigarette.
606          [(b)] (c) A peace officer who is present at the site of a proposed purchase shall direct,
607     supervise, and monitor the individual requested to make the purchase.
608          [(c)] (d) Immediately following a purchase or attempted purchase or as soon as
609     practical the supervising peace officer shall inform the cashier and the proprietor or manager of
610     the retail establishment that the attempted purchaser was under the legal age to purchase:
611          (i) alcohol; or
612          (ii) (A) a cigar;
613          (B) a cigarette;
614          (C) tobacco in any form; or
615          (D) an electronic cigarette.
616          [(d)] (e) If a citation or information is issued, [it] the citation or information shall be

617     issued within seven days of the purchase.
618          (f) For purposes of Subsection (2)(a)(ii), the person is younger than:
619          (i) beginning July 1, 2019, and ending December 31, 2019, 20 years of age; and
620          (ii) beginning January 1, 2020, 21 years of age.
621          (3) (a) If an individual under the age of 18 years old is requested to attempt a purchase
622     under this section, a written consent of that individual's parent or guardian shall be obtained
623     [prior to] before that individual [participating in any] participates in an attempted purchase.
624          (b) An individual requested by the peace officer to attempt a purchase may:
625          (i) be a trained volunteer; or
626          (ii) receive payment, but may not be paid based on the number of successful purchases
627     of alcohol, tobacco, or an electronic cigarette.
628          (4) The individual requested by the peace officer to attempt a purchase and anyone
629     accompanying the individual attempting a purchase may not during the attempted purchase
630     misrepresent the age of the individual by false or misleading identification documentation in
631     attempting the purchase.
632          (5) An individual requested to attempt to purchase or make a purchase pursuant to this
633     section is immune from prosecution, suit, or civil liability for the purchase of, attempted
634     purchase of, or possession of alcohol, a cigar, a cigarette, tobacco in any form, or an electronic
635     cigarette if a peace officer directs, supervises, and monitors the individual.
636          (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
637     shall be conducted:
638          (i) on a random basis; and
639          (ii) within a 12-month period at any one retail establishment location not more often
640     than:
641          (A) four times for the attempted purchase of:
642          (I) a cigar;
643          (II) a cigarette;
644          (III) tobacco in any form; or
645          (IV) an electronic cigarette; and
646          (B) four times for the attempted purchase of alcohol.
647          (b) [Nothing in this section shall] This section does not prohibit an investigation under

648     this section if:
649          (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
650     cigar, a cigarette, tobacco in any form, or an electronic cigarette to an individual under the age
651     established by Section 32B-4-403 or 76-10-104; and
652          (ii) the supervising peace officer makes a written record of the grounds for the
653     reasonable suspicion.
654          (7) (a) The peace officer exercising direction, supervision, and monitoring of the
655     attempted purchase shall make a report of the attempted purchase, whether or not a purchase
656     was made.
657          (b) The report required by this Subsection (7) shall include:
658          (i) the name of the supervising peace officer;
659          (ii) the name of the individual attempting the purchase;
660          (iii) a photograph of the individual attempting the purchase showing how that
661     individual appeared at the time of the attempted purchase;
662          (iv) the name and description of the cashier or proprietor from whom the individual
663     attempted the purchase;
664          (v) the name and address of the retail establishment; and
665          (vi) the date and time of the attempted purchase.
666          Section 16. Effective date.
667          This bill takes effect on July 1, 2019.






Legislative Review Note
Office of Legislative Research and General Counsel