1     
TOBACCO AGE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Curtis S. Bramble

6     Cosponsors:
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
Sandra Hollins
Eric K. Hutchings
Ken Ivory
Dan N. Johnson
Marsha Judkins
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
Susan Pulsipher
Douglas V. Sagers
Lawanna Shurtliff
V. Lowry Snow
Robert M. Spendlove
Jeffrey D. Stenquist
Keven J. Stratton
Norman K. Thurston
Steve Waldrip
Raymond P. Ward
Christine F. Watkins
Elizabeth Weight
Mike Winder

20     

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:
36          None
37     Other Special Clauses:
38          This bill provides a special effective date.
39     Utah Code Sections Affected:
40     AMENDS:
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
55     


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 [all] the cases [where] when the
72     money or property embezzled or obtained under false pretenses does not exceed in value the
73     sum of $500; [and]
74          (e) prohibit the sale, giving away, or furnishing of narcotics[,] or alcoholic beverages to
75     [a person] an individual younger than 21 years [of age, or tobacco to any person younger than
76     19 years of age.] old; or
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 [persons]
86     individuals who are addicted to the use of drugs or intoxicants such that [a person] an
87     individual substantially lacks the capacity to control the [person's] individual's use of the drugs
88     or intoxicants, and judicial supervision may be imposed as a means of effecting [their] the
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 [under 19
94     years of age] from entering the business if the individual is:
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 [a person] an
105     individual under [the age of 19] the following ages is prima facie evidence of a violation of this
106     chapter[.]:
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
110     agency:
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
133     violations;
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 [a person] an individual under [19 years
136     of age]:
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);
144     or
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
159     proprietor.
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
172     smoking;
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 [the age of 19] the following ages:
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[.
189     The report shall contain] that contains the following:
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
193     participated;
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
202     enforce:
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 [42, Civil Penalties for Tobacco Sales to Underage Persons] 62,
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
233     vehicle.
234          (b) "Governmental entity" means the state [and its political subdivisions as defined in
235     this Subsection (1)] or a political subdivision of 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
240     corporation.
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 [person] individual privileged to drive a motor
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 [person] individual may drive.
247          (b) [A person] An individual may not drive a class of motor vehicle unless granted the
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 [person] individual by the division;

252          (ii) the name, birth date, and Utah residence address of the [person] individual;
253          (iii) a brief description of the [person] individual for the purpose of identification;
254          (iv) any restrictions imposed on the license under Section 53-3-208;
255          (v) a photograph of the [person] individual;
256          (vi) a photograph or other facsimile of the person's signature;
257          (vii) an indication whether the [person] individual intends to make an anatomical gift
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 [person] individual states that the
261     [person] individual is a veteran of the United States military on the application for a driver
262     license in accordance with Section 53-3-205 and provides verification that the [person]
263     individual was granted an honorable or general discharge from the United States Armed
264     Forces, an indication that the [person] individual is a United States military veteran for a
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 [any
267     person] an individual younger than 21 years on a portrait-style format as required in Subsection
268     (5)(b)[(i)] is not required to include an indication that the [person] individual is a United States
269     military veteran under Subsection (3)(a)(viii).
270          (c) A new license certificate issued by the division may not bear the [person's Social
271     Security] individual's social security number.
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 [person] individual to drive a motor vehicle while
286     the division is completing its investigation to determine whether the [person] individual is
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 [person's] individual's immediate possession while driving a motor
293     vehicle, and it is invalid when the [person's] individual's regular license certificate or
294     limited-term license certificate has been issued or when, for good cause, the privilege has been
295     refused.
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
305     [person] individual younger than 21 years of age by use of plainly printed information or the
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 [any person: (i)] an individual younger than 21
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[, which is the legal age for purchasing an alcoholic beverage or alcoholic product
314     under Section 32B-4-403; and]
315          [(ii) younger than 19 years of age, by plainly printing the date the regular license
316     certificate, limited-term license certificate, or driving privilege card holder is 19 years of age,
317     which is the legal age for purchasing tobacco products under Section 76-10-104].
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 [a person] an individual
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 [a
338     person's] an individual's age for any government required purpose.
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 [a person] an individual younger than 21 years
350     [of age] old under Section 53-3-207.
351          (2) The identification card issued to [a person] an individual younger than 21 years [of
352     age] old shall be distinguished by use of plainly printed information or by the use of a color or
353     other means not used for the identification card issued to [a person] an individual 21 years [of
354     age] old or older.
355          (3) The division shall distinguish an identification card issued to [any person: (a)] an
356     individual younger than 21 years [of age] old by plainly printing the date the identification card
357     holder is 21 years [of age, which is the legal age for purchasing an alcoholic beverage or
358     alcoholic product under Section 32B-4-403; and] old.
359          [(b) younger than 19 years of age by plainly printing the date the identification card
360     holder is 19 years of age, which is the legal age for purchasing tobacco products under Section
361     76-10-104.]
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;
373     or
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
379     section.
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
414     Act;
415          (v) the cigarette rolling machine shall be located in a separate and defined area where
416     the cigarette rolling machine operator ensures that [a person] an individual younger than [19
417     years of] the age specified in Subsection (6) may not be:
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.
426          [(6)] (7) If the commission determines that a cigarette rolling machine operator meets
427     the requirements for certification or renewal of certification under this section, the commission
428     shall grant the certification or renewal of certification.
429          [(7)] (8) If the commission determines that a cigarette rolling machine operator does
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 [persons] an individual under [age 19] the following ages to frequent a place of business
439     while [they are] the individual is using tobacco[.]:
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) [Any] A person violates this section who knowingly, intentionally, recklessly, or
446     with criminal negligence provides [any] a cigar, cigarette, electronic cigarette, or tobacco in
447     any form, to [any person under 19 years of age] an individual under the following ages, is

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) [For purposes of] As used in this section "provides":
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 [any] equipment, product, or material of any kind [which] that is used,
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,
471     including:
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[:], meaning objects used to hold burning material, such as a cigarette,
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 [any] tobacco paraphernalia to [any person] an individual under
489     [19 years of age.]:
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) [Any 18 year old person] (a) An individual who is 18 years or older, but younger
498     than the age specified in Subsection (1)(b), and buys or attempts to buy, accepts, or has in the
499     [person's] individual's possession any cigar, cigarette, electronic cigarette, or tobacco in any
500     form is guilty of [a class C misdemeanor] an infraction and subject to:
501          [(a)] (i) a minimum fine or penalty of $60; and
502          [(b)] (ii) participation in a court-approved tobacco education or cessation program,
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) [Any person] An individual under the age of 18 who buys or attempts to buy,
508     accepts, or has in the [person's] individual's possession any cigar, cigarette, electronic cigarette,
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
518     53G-8-211.
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
544     employee.
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
547     defined:
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
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 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) [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, minimum age of sale,
582     placement, or display of cigarettes, tobacco, or electronic cigarettes that is not essentially
583     identical to [the provisions 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 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 [the age of] 21 years old to
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 [of 19 years] specified
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
612     purchase.
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
635     than:
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) [Nothing in this section shall] This section does not prohibit an investigation or an
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.