7 Cheryl K. Acton
8 Kyle R. Andersen
9 Melissa G. Ballard
10 Stewart E. Barlow
11 Joel K. Briscoe
12 Kay J. Christofferson
13 Jennifer Dailey-Provost
14 Brad M. Daw
15 Susan Duckworth
16 James A. Dunnigan
17 Stephen G. Handy
18 Suzanne Harrison
19 Jon Hawkins
Eric K. Hutchings
Dan N. Johnson
Brian S. King
Bradley G. Last
Kelly B. Miles
Carol Spackman Moss
Merrill F. Nelson
Derrin R. Owens
Lee B. Perry
Val K. Potter
Marie H. Poulson
Douglas V. Sagers
V. Lowry Snow
Robert M. Spendlove
Jeffrey D. Stenquist
Keven J. Stratton
Norman K. Thurston
Raymond P. Ward
Christine F. Watkins
21 LONG TITLE
22 General Description:
23 This bill modifies provisions related to an individual's age and tobacco, tobacco
24 paraphernalia, or electronic cigarettes.
25 Highlighted Provisions:
26 This bill:
27 ▸ tiers the minimum age for obtaining, possessing, using, providing, or furnishing of
28 tobacco products, paraphernalia, and under certain circumstances, electronic cigarettes from 19
29 to 20, then to 21 years old;
30 ▸ preempts certain local government regulation relating to cigarettes, electronic
31 cigarettes, or tobacco;
32 ▸ provides exceptions for military members, their spouses, and dependents;
33 ▸ addresses identification documents; and
34 ▸ makes technical and conforming changes.
35 Money Appropriated in this Bill:
37 Other Special Clauses:
38 This bill provides a special effective date.
39 Utah Code Sections Affected:
41 10-8-47, as last amended by Laws of Utah 2018, Chapter 189
42 26-62-205, as enacted by Laws of Utah 2018, Chapter 231
43 26-62-304, as renumbered and amended by Laws of Utah 2018, Chapter 231
44 26-62-305, as renumbered and amended by Laws of Utah 2018, Chapter 231
45 51-9-203, as last amended by Laws of Utah 2012, Chapter 242
46 53-3-207, as last amended by Laws of Utah 2016, Chapter 350
47 53-3-806, as last amended by Laws of Utah 2010, Chapter 276
48 59-14-703, as enacted by Laws of Utah 2013, Chapter 148
49 76-10-103, as enacted by Laws of Utah 1973, Chapter 196
50 76-10-104, as last amended by Laws of Utah 2010, Chapter 114
51 76-10-104.1, as last amended by Laws of Utah 2013, Chapter 278
52 76-10-105, as last amended by Laws of Utah 2018, Chapter 415
53 76-10-105.1, as last amended by Laws of Utah 2018, Chapter 231
54 77-39-101, as last amended by Laws of Utah 2018, Chapter 231
56 Be it enacted by the Legislature of the state of Utah:
57 Section 1. Section 10-8-47 is amended to read:
58 10-8-47. Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit
59 larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False pretenses
60 and embezzlement -- Sale of liquor, narcotics, or tobacco to minors -- Possession of
61 controlled substances -- Treatment of alcoholics and narcotics or drug addicts.
62 (1) A municipal legislative body may:
63 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
64 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
65 battery and petit larceny;
66 (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
67 house, or place in the city;
68 (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks in
69 accordance with Section 53-7-225, or any other dangerous or combustible material;
70 (d) provide against and prevent the offense of obtaining money or property under false
71 pretenses and the offense of embezzling money or property in [
72 money or property embezzled or obtained under false pretenses does not exceed in value the
73 sum of $500; [
74 (e) prohibit the sale, giving away, or furnishing of narcotics[
77 (f) prohibit the sale, giving away, or furnishing of tobacco or e-cigarettes to an
78 individual younger than:
79 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
80 (ii) beginning July 1, 2021, 21 years old.
81 (2) A city may:
82 (a) by ordinance, prohibit the possession of controlled substances as defined in the
83 Utah Controlled Substances Act or any other endangering or impairing substance, provided the
84 conduct is not a class A misdemeanor or felony; and
85 (b) provide for treatment of alcoholics, narcotic addicts, and other [
86 individuals who are addicted to the use of drugs or intoxicants such that [
87 individual substantially lacks the capacity to control the [
88 or intoxicants, and judicial supervision may be imposed as a means of effecting [
89 individual's rehabilitation.
90 Section 2. Section 26-62-205 is amended to read:
91 26-62-205. Permit requirements for a retail tobacco specialty business.
92 A retail tobacco specialty business shall:
93 (1) except as provided in Subsection 76-10-105.1(4), prohibit any individual [
95 (a) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and
96 (b) beginning July 1, 2021, under 21 years old; and
97 (2) prominently display at the retail tobacco specialty business a sign on the public
98 entrance of the business that communicates the prohibition in Subsection 76-10-105.1(4).
99 Section 3. Section 26-62-304 is amended to read:
100 26-62-304. Hearing -- Evidence of criminal conviction.
101 (1) At a civil hearing conducted under Section 26-62-302, evidence of the final
102 criminal conviction of a tobacco retailer or employee for violation of Section 76-10-104 at the
103 same location and within the same time period as the location and time period alleged in the
104 civil hearing for violation of this chapter for sale of tobacco products to [
105 individual under [
107 (a) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and
108 (b) beginning July 1, 2021, under 21 years old.
109 (2) If the tobacco retailer is convicted of violating Section 76-10-104, the enforcing
111 (a) may not assess an additional monetary penalty under this chapter for the same
112 offense for which the conviction was obtained; and
113 (b) may revoke or suspend a permit in accordance with Section 26-62-305.
114 Section 4. Section 26-62-305 is amended to read:
115 26-62-305. Penalties.
116 (1) (a) If, following an inspection by an enforcing agency, or an investigation or
117 issuance of a citation or information under Section 77-39-101, an enforcing agency determines
118 that a person has violated the terms of a permit issued under this chapter, the enforcing agency
119 may impose the penalties described in this section.
120 (b) If multiple violations are found in a single inspection or investigation, only one
121 violation shall count toward the penalties described in this section.
122 (2) (a) The administrative penalty for a first violation at a retail location is a penalty of
123 not more than $500.
124 (b) The administrative penalty for a second violation at the same retail location that
125 occurs within one year of a previous violation is a penalty of not more than $750.
126 (c) The administrative penalty for a third or subsequent violation at the same retail
127 location that occurs within two years after two or more previous violations is:
128 (i) a suspension of the retail tobacco business permit for 30 consecutive business days
129 within 60 days after the day on which the third or subsequent violation occurs; or
130 (ii) a penalty of not more than $1,000.
131 (3) The department or a local health department may:
132 (a) revoke a permit if a fourth violation occurs within two years of three previous
134 (b) in addition to a monetary penalty imposed under Subsection (2), suspend the permit
135 if the violation is due to a sale of tobacco products to [
137 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
138 (ii) beginning July 1, 2021, 21 years old; and
139 (c) if applicable, recommend to a municipality or county that a retail tobacco specialty
140 business license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
141 (4) (a) Except when a transfer described in Subsection (5) occurs, a local health
142 department may not issue a permit to:
143 (i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (3);
145 (ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
146 or other holder of significant interest as another tobacco retailer for whom a permit is
147 suspended or revoked under Subsection (3).
148 (b) A person whose permit:
149 (i) is suspended under this section may not apply for a new permit for any other
150 tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends
151 the permit; and
152 (ii) is revoked may not apply for a new permit for any tobacco retailer for a period of
153 24 months after the day on which an enforcing agency revokes the permit.
154 (5) Violations of this chapter, Section 10-8-41.6, or Section 17-50-333 that occur at a
155 tobacco retailer location shall stay on the record for that tobacco retailer location unless:
156 (a) the tobacco retailer is transferred to a new proprietor; and
157 (b) the new proprietor provides documentation to the local health department that the
158 new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous
160 Section 5. Section 51-9-203 is amended to read:
161 51-9-203. Requirements for tobacco programs.
162 (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
163 cessation, or control program, an organization, whether private, governmental, or
164 quasi-governmental, shall:
165 (a) submit a request to the Department of Health containing the following information:
166 (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
167 sound management and periodic evaluation of the campaign's relevance to the intended
168 audience, particularly in campaigns directed toward youth, including audience awareness of the
169 campaign and recollection of the main message;
170 (ii) for school-based education programs to prevent and reduce youth smoking, the
171 request shall describe how the program will be effective in preventing and reducing youth
173 (iii) for community-based programs to prevent and reduce smoking, the request shall
174 demonstrate that the proposed program:
175 (A) has a comprehensive strategy with a clear mission and goals;
176 (B) provides for committed, caring, and professional leadership; and
177 (C) if directed toward youth:
178 (I) offers youth-centered activities in youth accessible facilities;
179 (II) is culturally sensitive, inclusive, and diverse;
180 (III) involves youth in the planning, delivery, and evaluation of services that affect
181 them; and
182 (IV) offers a positive focus that is inclusive of all youth; and
183 (iv) for enforcement, control, and compliance program, the request shall demonstrate
184 that the proposed program can reasonably be expected to reduce the extent to which tobacco
185 products are available to individuals under [
186 (A) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
187 (B) beginning July 1, 2021, 21 years old;
188 (b) agree, by contract, to file an annual written report with the Department of Health[
190 (i) the amount funded;
191 (ii) the amount expended;
192 (iii) a description of the program or campaign and the number of adults and youth who
194 (iv) specific elements of the program or campaign meeting the applicable criteria set
195 forth in Subsection (1)(a); and
196 (v) a statement concerning the success and effectiveness of the program or campaign;
197 (c) agree, by contract, to not use any funds received under this part directly or
198 indirectly, to:
199 (i) engage in any lobbying or political activity, including the support of, or opposition
200 to, candidates, ballot questions, referenda, or similar activities; or
201 (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
203 (A) the provisions of the Master Settlement Agreement;
204 (B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
205 (C) Title 26, Chapter [
206 Part 3, Enforcement; and
207 (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
208 (d) agree, by contract, to repay the funds provided under this part if the organization:
209 (i) fails to file a timely report as required by Subsection (1)(b); or
210 (ii) uses any portion of the funds in violation of Subsection (1)(c).
211 (2) The Department of Health shall review and evaluate the success and effectiveness
212 of any program or campaign that receives funding pursuant to a request submitted under
213 Subsection (1). The review and evaluation:
214 (a) shall include a comparison of annual smoking trends;
215 (b) may be conducted by an independent evaluator; and
216 (c) may be paid for by funds appropriated from the account for that purpose.
217 (3) The Department of Health shall annually report to the Social Services
218 Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
219 (4) An organization that fails to comply with the contract requirements set forth in
220 Subsection (1) shall:
221 (a) repay the state as provided in Subsection (1)(d); and
222 (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
223 (5) The attorney general shall be responsible for recovering funds that are required to
224 be repaid to the state under this section.
225 (6) Nothing in this section may be construed as applying to funds that are not
226 appropriated under this part.
227 Section 6. Section 53-3-207 is amended to read:
228 53-3-207. License certificates or driving privilege cards issued to drivers by class
229 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
230 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
231 (1) As used in this section:
232 (a) "Driving privilege" means the privilege granted under this chapter to drive a motor
234 (b) "Governmental entity" means the state [
236 (c) "Political subdivision" means any county, city, town, school district, public transit
237 district, community reinvestment agency, special improvement or taxing district, local district,
238 special service district, an entity created by an interlocal agreement adopted under Title 11,
239 Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
241 (d) "State" means this state, and includes any office, department, agency, authority,
242 commission, board, institution, hospital, college, university, children's justice center, or other
243 instrumentality of the state.
244 (2) (a) The division shall issue to every [
245 vehicle, a regular license certificate, a limited-term license certificate, or a driving privilege
246 card indicating the type or class of motor vehicle the [
247 (b) [
248 privilege in that class.
249 (3) (a) Every regular license certificate, limited-term license certificate, or driving
250 privilege card shall bear:
251 (i) the distinguishing number assigned to the [
252 (ii) the name, birth date, and Utah residence address of the [
253 (iii) a brief description of the [
254 (iv) any restrictions imposed on the license under Section 53-3-208;
255 (v) a photograph of the [
256 (vi) a photograph or other facsimile of the person's signature;
257 (vii) an indication whether the [
258 under Title 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege
259 is extended under Subsection 53-3-214(3); and
260 (viii) except as provided in Subsection (3)(b), if the [
262 license in accordance with Section 53-3-205 and provides verification that the [
263 individual was granted an honorable or general discharge from the United States Armed
264 Forces, an indication that the [
265 regular license certificate or limited-term license certificate issued on or after July 1, 2011.
266 (b) A regular license certificate or limited-term license certificate issued to [
269 military veteran under Subsection (3)(a)(viii).
270 (c) A new license certificate issued by the division may not bear the [
272 (d) (i) The regular license certificate, limited-term license certificate, or driving
273 privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
274 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
275 license certificate, limited-term license certificate, or driving privilege card shall be as
276 prescribed by the commissioner.
277 (iii) The commissioner may also prescribe the issuance of a special type of limited
278 regular license certificate, limited-term license certificate, or driving privilege card under
279 Subsection 53-3-220(4).
280 (4) (a) (i) The division, upon determining after an examination that an applicant is
281 mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
282 receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
283 license certificate.
284 (ii) (A) The division shall issue a temporary regular license certificate or temporary
285 limited-term license certificate allowing the [
286 the division is completing its investigation to determine whether the [
287 entitled to be granted a driving privilege.
288 (B) A temporary regular license certificate or a temporary limited-term license
289 certificate issued under this Subsection (4) shall be recognized and have the same rights and
290 privileges as a regular license certificate or a limited-term license certificate.
291 (b) The temporary regular license certificate or temporary limited-term license
292 certificate shall be in the [
293 vehicle, and it is invalid when the [
294 limited-term license certificate has been issued or when, for good cause, the privilege has been
296 (c) The division shall indicate on the temporary regular license certificate or temporary
297 limited-term license certificate a date after which it is not valid as a temporary license.
298 (d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue a
299 temporary driving privilege card or other temporary permit to an applicant for a driving
300 privilege card.
301 (ii) The division may issue a learner permit issued in accordance with Section
302 53-3-210.5 to an applicant for a driving privilege card.
303 (5) (a) The division shall distinguish learner permits, temporary permits, regular
304 license certificates, limited-term license certificates, and driving privilege cards issued to any
306 use of a color or other means not used for other regular license certificates, limited-term license
307 certificates, or driving privilege cards.
308 (b) The division shall distinguish a regular license certificate, limited-term license
309 certificate, or driving privilege card issued to [
310 years of age by use of a portrait-style format not used for other regular license certificates,
311 limited-term license certificates, or driving privilege cards and by plainly printing the date the
312 regular license certificate, limited-term license certificate, or driving privilege card holder is 21
313 years of age[
318 (6) The division shall distinguish a limited-term license certificate by clearly indicating
319 on the document:
320 (a) that it is temporary; and
321 (b) its expiration date.
322 (7) (a) The division shall only issue a driving privilege card to [
323 whose privilege was obtained without providing evidence of lawful presence in the United
324 States as required under Subsection 53-3-205(8).
325 (b) The division shall distinguish a driving privilege card from a license certificate by:
326 (i) use of a format, color, font, or other means; and
327 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
328 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
329 (8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
330 permit, temporary regular license certificate, temporary limited-term license certificate, or any
331 other temporary permit.
332 (9) The division shall issue temporary license certificates of the same nature, except as
333 to duration, as the license certificates that they temporarily replace, as are necessary to
334 implement applicable provisions of this section and Section 53-3-223.
335 (10) (a) A governmental entity may not accept a driving privilege card as proof of
336 personal identification.
337 (b) A driving privilege card may not be used as a document providing proof of [
339 (11) A person who violates Subsection (2)(b) is guilty of an infraction.
340 (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
341 fees, restrictions, and sanctions under this code apply to a:
342 (a) driving privilege in the same way as a license or limited-term license issued under
343 this chapter; and
344 (b) limited-term license certificate or driving privilege card in the same way as a
345 regular license certificate issued under this chapter.
346 Section 7. Section 53-3-806 is amended to read:
347 53-3-806. Portrait-style format -- Minor's card distinguishable.
348 (1) The division shall use a portrait-style format for all identification cards, similar to
349 the format used for license certificates issued to [
351 (2) The identification card issued to [
353 other means not used for the identification card issued to [
355 (3) The division shall distinguish an identification card issued to [
356 individual younger than 21 years [
357 holder is 21 years [
362 (4) The division shall distinguish a limited-term identification card by clearly
363 indicating on the card:
364 (a) that it is temporary; and
365 (b) its expiration date.
366 Section 8. Section 59-14-703 is amended to read:
367 59-14-703. Certification of cigarette rolling machine operators -- Renewal of
368 certification -- Requirements for certification or renewal of certification -- Denial.
369 (1) A cigarette rolling machine operator may not perform the following without first
370 obtaining certification from the commission as provided in this part:
371 (a) locate a cigarette rolling machine within this state;
372 (b) make or offer to make a cigarette rolling machine available for use within this state;
374 (c) offer a cigarette for sale within this state if the cigarette is produced by:
375 (i) the cigarette rolling machine operator; or
376 (ii) another person at the location of the cigarette rolling machine operator's cigarette
377 rolling machine.
378 (2) A cigarette rolling machine operator shall renew its certification as provided in this
380 (3) The commission shall prescribe a form for certifying a cigarette rolling machine
381 operator under this part.
382 (4) (a) A cigarette rolling machine operator shall apply to the commission for
383 certification before the cigarette rolling machine operator performs an act described in
384 Subsection (1) within the state for the first time.
385 (b) A cigarette rolling machine operator shall apply to the commission for a renewal of
386 certification on or before the earlier of:
387 (i) December 31 of each year; or
388 (ii) the day on which there is a change in any of the information the cigarette rolling
389 machine operator provides on the form described in Subsection (3).
390 (5) To obtain certification or renewal of certification under this section from the
391 commission, a cigarette rolling machine operator shall:
392 (a) identify:
393 (i) the cigarette rolling machine operator's name and address;
394 (ii) the location, make, and brand of the cigarette rolling machine operator's cigarette
395 rolling machine; and
396 (iii) each person from whom the cigarette rolling machine operator will purchase or be
397 provided tobacco products that the cigarette rolling machine operator will use to produce
398 cigarettes; and
399 (b) certify, under penalty of perjury, that:
400 (i) the tobacco to be used in the cigarette rolling machine operator's cigarette rolling
401 machine, regardless of the tobacco's label or description, shall be only of a:
402 (A) brand family listed on the commission's directory listing required by Section
403 59-14-603; and
404 (B) tobacco product manufacturer listed on the commission's directory listing required
405 by Section 59-14-603;
406 (ii) the cigarette rolling machine operator shall prohibit another person who uses the
407 cigarette rolling machine operator's cigarette rolling machine from using tobacco, a wrapper, or
408 a cover except for tobacco, a wrapper, or a cover purchased by or provided to the cigarette
409 rolling machine operator from a person identified in accordance with Subsection (5)(a)(iii);
410 (iii) the cigarette rolling machine operator holds a current license issued in accordance
411 with this chapter;
412 (iv) the cigarettes produced from the cigarette rolling machine shall comply with Title
413 53, Chapter 7, Part 4, The Reduced Cigarette Ignition Propensity and Firefighter Protection
415 (v) the cigarette rolling machine shall be located in a separate and defined area where
416 the cigarette rolling machine operator ensures that [
418 (A) present at any time; or
419 (B) permitted to enter at any time; and
420 (vi) the cigarette rolling machine operator may not barter, distribute, exchange, offer,
421 or sell cigarettes produced from a cigarette rolling machine in a quantity of less than 20
422 cigarettes per retail transaction.
423 (6) For purposes of Subsection (5), an individual is younger than:
424 (a) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
425 (b) beginning July 1, 2021, 21 years old.
427 the requirements for certification or renewal of certification under this section, the commission
428 shall grant the certification or renewal of certification.
430 not meet the requirements for certification or renewal of certification under this section, the
431 commission shall:
432 (a) deny the certification or renewal of certification; and
433 (b) provide the cigarette rolling machine operator the grounds for denial of the
434 certification or renewal of certification in writing.
435 Section 9. Section 76-10-103 is amended to read:
436 76-10-103. Permitting minors to use tobacco in place of business.
437 It is a class C misdemeanor for the proprietor of any place of business to knowingly
438 permit [
439 while [
440 (1) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and
441 (2) beginning July 1, 2021, under 21 years old.
442 Section 10. Section 76-10-104 is amended to read:
443 76-10-104. Providing a cigar, cigarette, electronic cigarette, or tobacco to a minor
444 -- Penalties.
445 (1) [
446 with criminal negligence provides [
447 any form, to [
448 guilty of a class C misdemeanor on the first offense, a class B misdemeanor on the second
449 offense, and a class A misdemeanor on subsequent offenses[
450 (a) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
451 (b) beginning July 1, 2021, 21 years old.
452 (2) [
453 (a) includes selling, giving, furnishing, sending, or causing to be sent; and
454 (b) does not include the acts of the United States Postal Service or other common
455 carrier when engaged in the business of transporting and delivering packages for others or the
456 acts of a person, whether compensated or not, who transports or delivers a package for another
457 person without any reason to know of the package's content.
458 Section 11. Section 76-10-104.1 is amended to read:
459 76-10-104.1. Providing tobacco paraphernalia to minors -- Penalties.
460 (1) For purposes of this section:
461 (a) "Provides":
462 (i) includes selling, giving, furnishing, sending, or causing to be sent; and
463 (ii) does not include the acts of the United States Postal Service or other common
464 carrier when engaged in the business of transporting and delivering packages for others or the
465 acts of a person, whether compensated or not, who transports or delivers a package for another
466 person without any reason to know of the package's content.
467 (b) "Tobacco paraphernalia":
468 (i) means [
469 intended for use, or designed for use to package, repackage, store, contain, conceal, ingest,
470 inhale, or otherwise introduce a cigar, cigarette, or tobacco in any form into the human body,
472 (A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
473 screens, permanent screens, hashish heads, or punctured metal bowls;
474 (B) water pipes;
475 (C) carburetion tubes and devices;
476 (D) smoking and carburetion masks;
477 (E) roach clips[
478 that has become too small or too short to be held in the hand;
479 (F) chamber pipes;
480 (G) carburetor pipes;
481 (H) electric pipes;
482 (I) air-driven pipes;
483 (J) chillums;
484 (K) bongs; and
485 (L) ice pipes or chillers; and
486 (ii) does not include matches or lighters.
487 (2) (a) It is unlawful for a person to knowingly, intentionally, recklessly, or with
488 criminal negligence provide [
490 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
491 (ii) beginning July 1, 2021, 21 years old.
492 (b) A person who violates this section is guilty of a class C misdemeanor on the first
493 offense and a class B misdemeanor on subsequent offenses.
494 Section 12. Section 76-10-105 is amended to read:
495 76-10-105. Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco
496 by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
497 (1) [
498 than the age specified in Subsection (1)(b), and buys or attempts to buy, accepts, or has in the
500 form is guilty of [
503 which may include a participation fee.
504 (b) For purposes of Subsection (1)(a), the individual is younger than:
505 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
506 (ii) beginning July 1, 2021, 21 years old.
507 (2) [
508 accepts, or has in the [
509 or tobacco in any form is subject to the jurisdiction of the juvenile court and subject to Section
510 78A-6-602, unless the violation is committed on school property. If a violation under this
511 section is adjudicated under Section 78A-6-117, the minor may be subject to the following:
512 (a) a fine or penalty, in accordance with Section 78A-6-117; and
513 (b) participation in a court-approved tobacco education program, which may include a
514 participation fee.
515 (3) A compliance officer appointed by a board of education under Section 53G-4-402
516 may not issue a citation for a violation of this section committed on school property. A cited
517 violation committed on school property shall be addressed in accordance with Section
519 (4) (a) This section does not apply to the purchase or possession of a cigar, cigarette,
520 electronic cigarette, tobacco, or tobacco paraphernalia by an individual who is 18 years or older
521 and is:
522 (i) on active duty in the United States Armed Forces; or
523 (ii) a spouse or dependent of an individual who is on active duty in the United States
524 Armed Forces.
525 (b) A valid, government-issued military identification card is required to verify proof
526 of age under Subsection (4)(a).
527 Section 13. Section 76-10-105.1 is amended to read:
528 76-10-105.1. Requirement of direct, face-to-face sale of cigarettes, tobacco, and
529 electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
530 (1) As used in this section:
531 (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
532 (b) (i) "Face-to-face exchange" means a transaction made in person between an
533 individual and a retailer or retailer's employee.
534 (ii) "Face-to-face exchange" does not include a sale through a:
535 (A) vending machine; or
536 (B) self-service display.
537 (c) "Retailer" means a person who:
538 (i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal
539 consumption; or
540 (ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an
541 electronic cigarette.
542 (d) "Self-service display" means a display of a cigarette, tobacco, or an electronic
543 cigarette to which the public has access without the intervention of a retailer or retailer's
545 (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
546 (f) "Tobacco specialty shop" means a "retail tobacco specialty business" as that term is
548 (i) as it relates to a municipality, in Section 10-8-41.6; and
549 (ii) as it relates to a county, in Section 17-50-333.
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
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 [
562 (4)(b) may not enter or be present at a tobacco specialty shop unless the individual is:
565 purchase a cigarette, tobacco, or an electronic cigarette; or
567 Forces, as demonstrated by a valid, government-issued military identification card.
568 (b) For purposes of Subsection (4)(a), the individual is younger than:
569 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
570 (ii) beginning July 1, 2021, 21 years old.
571 (5) A parent or legal guardian who accompanies, under Subsection (4)(a)(i), an
572 individual into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not
573 allow the 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) [
581 political subdivision of the state or by a state agency that affects the sale, minimum age of sale,
582 placement, or display of cigarettes, tobacco, or electronic cigarettes that is not essentially
583 identical to [
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 14. Section 77-39-101 is amended to read:
587 77-39-101. Investigation of sales of alcohol, tobacco, and electronic cigarettes to
588 underage individuals.
589 (1) As used in this section, "electronic cigarette" is as defined in Section 76-10-101.
590 (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
591 Classifications, may investigate the possible violation of:
592 (i) Section 32B-4-403 by requesting an individual under [
593 enter into and attempt to purchase or make a purchase of alcohol from a retail establishment; or
594 (ii) Section 76-10-104 by requesting an individual under the age [
595 in Subsection (2)(e) to enter into and attempt to purchase or make a purchase from a retail
596 establishment of:
597 (A) a cigar;
598 (B) a cigarette;
599 (C) tobacco in any form; or
600 (D) an electronic cigarette.
601 (b) A peace officer who is present at the site of a proposed purchase shall direct,
602 supervise, and monitor the individual requested to make the purchase.
603 (c) Immediately following a purchase or attempted purchase or as soon as practical the
604 supervising peace officer shall inform the cashier and the proprietor or manager of the retail
605 establishment that the attempted purchaser was under the legal age to purchase:
606 (i) alcohol; or
607 (ii) (A) a cigar;
608 (B) a cigarette;
609 (C) tobacco in any form; or
610 (D) an electronic cigarette.
611 (d) If a citation or information is issued, it shall be issued within seven days of the
613 (e) For purposes of Subsection (2)(a)(ii), the individual is younger than:
614 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
615 (ii) beginning July 1, 2021, 21 years old.
616 (3) (a) If an individual under the age of 18 years old is requested to attempt a purchase,
617 a written consent of that individual's parent or guardian shall be obtained prior to that
618 individual participating in any attempted purchase.
619 (b) An individual requested by the peace officer to attempt a purchase may:
620 (i) be a trained volunteer; or
621 (ii) receive payment, but may not be paid based on the number of successful purchases
622 of alcohol, tobacco, or an electronic cigarette.
623 (4) The individual requested by the peace officer to attempt a purchase and anyone
624 accompanying the individual attempting a purchase may not during the attempted purchase
625 misrepresent the age of the individual by false or misleading identification documentation in
626 attempting the purchase.
627 (5) An individual requested to attempt to purchase or make a purchase pursuant to this
628 section is immune from prosecution, suit, or civil liability for the purchase of, attempted
629 purchase of, or possession of alcohol, a cigar, a cigarette, tobacco in any form, or an electronic
630 cigarette if a peace officer directs, supervises, and monitors the individual.
631 (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
632 shall be conducted:
633 (i) on a random basis; and
634 (ii) within a 12-month period at any one retail establishment location not more often
636 (A) two times for the attempted purchase of:
637 (I) a cigar;
638 (II) a cigarette;
639 (III) tobacco in any form; or
640 (IV) an electronic cigarette; and
641 (B) four times for the attempted purchase of alcohol.
642 (b) [
643 attempt to purchase tobacco under this section if:
644 (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
645 cigar, a cigarette, tobacco in any form, or an electronic cigarette to an individual under the age
646 established by Section 32B-4-403 or 76-10-104; and
647 (ii) the supervising peace officer makes a written record of the grounds for the
648 reasonable suspicion.
649 (7) (a) The peace officer exercising direction, supervision, and monitoring of the
650 attempted purchase shall make a report of the attempted purchase, whether or not a purchase
651 was made.
652 (b) The report required by this Subsection (7) shall include:
653 (i) the name of the supervising peace officer;
654 (ii) the name of the individual attempting the purchase;
655 (iii) a photograph of the individual attempting the purchase showing how that
656 individual appeared at the time of the attempted purchase;
657 (iv) the name and description of the cashier or proprietor from whom the individual
658 attempted the purchase;
659 (v) the name and address of the retail establishment; and
660 (vi) the date and time of the attempted purchase.
661 Section 15. Effective date.
662 This bill takes effect on July 1, 2020.