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
29 cigarettes from 19 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 This bill provides a coordination clause.
40 Utah Code Sections Affected:
42 10-8-47, as last amended by Laws of Utah 2018, Chapter 189
43 26-62-205, as enacted by Laws of Utah 2018, Chapter 231
44 26-62-304, as renumbered and amended by Laws of Utah 2018, Chapter 231
45 26-62-305, as renumbered and amended by Laws of Utah 2018, Chapter 231
46 51-9-203, as last amended by Laws of Utah 2012, Chapter 242
47 53-3-207, as last amended by Laws of Utah 2016, Chapter 350
48 53-3-806, as last amended by Laws of Utah 2010, Chapter 276
49 59-14-703, as enacted by Laws of Utah 2013, Chapter 148
50 76-10-103, as enacted by Laws of Utah 1973, Chapter 196
51 76-10-104, as last amended by Laws of Utah 2010, Chapter 114
52 76-10-104.1, as last amended by Laws of Utah 2013, Chapter 278
53 76-10-105, as last amended by Laws of Utah 2018, Chapter 415
54 76-10-105.1, as last amended by Laws of Utah 2018, Chapter 231
55 77-39-101, as last amended by Laws of Utah 2018, Chapter 231
56 Utah Code Sections Affected by Coordination Clause:
57 76-10-105, as last amended by Laws of Utah 2018, Chapter 415
59 Be it enacted by the Legislature of the state of Utah:
60 Section 1. Section 10-8-47 is amended to read:
61 10-8-47. Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit
62 larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False pretenses
63 and embezzlement -- Sale of liquor, narcotics, or tobacco to minors -- Possession of
64 controlled substances -- Treatment of alcoholics and narcotics or drug addicts.
65 (1) A municipal legislative body may:
66 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
67 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
68 battery and petit larceny;
69 (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
70 house, or place in the city;
71 (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks in
72 accordance with Section 53-7-225, or any other dangerous or combustible material;
73 (d) provide against and prevent the offense of obtaining money or property under false
74 pretenses and the offense of embezzling money or property in [
75 money or property embezzled or obtained under false pretenses does not exceed in value the
76 sum of $500; [
77 (e) prohibit the sale, giving away, or furnishing of narcotics[
80 (f) prohibit the sale, giving away, or furnishing of tobacco or e-cigarettes to an
81 individual younger than:
82 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
83 (ii) beginning July 1, 2021, 21 years old.
84 (2) A city may:
85 (a) by ordinance, prohibit the possession of controlled substances as defined in the
86 Utah Controlled Substances Act or any other endangering or impairing substance, provided the
87 conduct is not a class A misdemeanor or felony; and
88 (b) provide for treatment of alcoholics, narcotic addicts, and other [
89 individuals who are addicted to the use of drugs or intoxicants such that [
90 individual substantially lacks the capacity to control the [
91 or intoxicants, and judicial supervision may be imposed as a means of effecting [
92 individual's rehabilitation.
93 Section 2. Section 26-62-205 is amended to read:
94 26-62-205. Permit requirements for a retail tobacco specialty business.
95 A retail tobacco specialty business shall:
96 (1) except as provided in Subsection 76-10-105.1(4), prohibit any individual [
98 (a) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and
99 (b) beginning July 1, 2021, under 21 years old; and
100 (2) prominently display at the retail tobacco specialty business a sign on the public
101 entrance of the business that communicates the prohibition in Subsection 76-10-105.1(4).
102 Section 3. Section 26-62-304 is amended to read:
103 26-62-304. Hearing -- Evidence of criminal conviction.
104 (1) At a civil hearing conducted under Section 26-62-302, evidence of the final
105 criminal conviction of a tobacco retailer or employee for violation of Section 76-10-104 at the
106 same location and within the same time period as the location and time period alleged in the
107 civil hearing for violation of this chapter for sale of tobacco products to [
108 individual under [
110 (a) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and
111 (b) beginning July 1, 2021, under 21 years old.
112 (2) If the tobacco retailer is convicted of violating Section 76-10-104, the enforcing
114 (a) may not assess an additional monetary penalty under this chapter for the same
115 offense for which the conviction was obtained; and
116 (b) may revoke or suspend a permit in accordance with Section 26-62-305.
117 Section 4. Section 26-62-305 is amended to read:
118 26-62-305. Penalties.
119 (1) (a) If, following an inspection by an enforcing agency, or an investigation or
120 issuance of a citation or information under Section 77-39-101, an enforcing agency determines
121 that a person has violated the terms of a permit issued under this chapter, the enforcing agency
122 may impose the penalties described in this section.
123 (b) If multiple violations are found in a single inspection or investigation, only one
124 violation shall count toward the penalties described in this section.
125 (2) (a) The administrative penalty for a first violation at a retail location is a penalty of
126 not more than $500.
127 (b) The administrative penalty for a second violation at the same retail location that
128 occurs within one year of a previous violation is a penalty of not more than $750.
129 (c) The administrative penalty for a third or subsequent violation at the same retail
130 location that occurs within two years after two or more previous violations is:
131 (i) a suspension of the retail tobacco business permit for 30 consecutive business days
132 within 60 days after the day on which the third or subsequent violation occurs; or
133 (ii) a penalty of not more than $1,000.
134 (3) The department or a local health department may:
135 (a) revoke a permit if a fourth violation occurs within two years of three previous
137 (b) in addition to a monetary penalty imposed under Subsection (2), suspend the permit
138 if the violation is due to a sale of tobacco products to [
140 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
141 (ii) beginning July 1, 2021, 21 years old; and
142 (c) if applicable, recommend to a municipality or county that a retail tobacco specialty
143 business license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
144 (4) (a) Except when a transfer described in Subsection (5) occurs, a local health
145 department may not issue a permit to:
146 (i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (3);
148 (ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
149 or other holder of significant interest as another tobacco retailer for whom a permit is
150 suspended or revoked under Subsection (3).
151 (b) A person whose permit:
152 (i) is suspended under this section may not apply for a new permit for any other
153 tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends
154 the permit; and
155 (ii) is revoked may not apply for a new permit for any tobacco retailer for a period of
156 24 months after the day on which an enforcing agency revokes the permit.
157 (5) Violations of this chapter, Section 10-8-41.6, or Section 17-50-333 that occur at a
158 tobacco retailer location shall stay on the record for that tobacco retailer location unless:
159 (a) the tobacco retailer is transferred to a new proprietor; and
160 (b) the new proprietor provides documentation to the local health department that the
161 new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous
163 Section 5. Section 51-9-203 is amended to read:
164 51-9-203. Requirements for tobacco programs.
165 (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
166 cessation, or control program, an organization, whether private, governmental, or
167 quasi-governmental, shall:
168 (a) submit a request to the Department of Health containing the following information:
169 (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
170 sound management and periodic evaluation of the campaign's relevance to the intended
171 audience, particularly in campaigns directed toward youth, including audience awareness of the
172 campaign and recollection of the main message;
173 (ii) for school-based education programs to prevent and reduce youth smoking, the
174 request shall describe how the program will be effective in preventing and reducing youth
176 (iii) for community-based programs to prevent and reduce smoking, the request shall
177 demonstrate that the proposed program:
178 (A) has a comprehensive strategy with a clear mission and goals;
179 (B) provides for committed, caring, and professional leadership; and
180 (C) if directed toward youth:
181 (I) offers youth-centered activities in youth accessible facilities;
182 (II) is culturally sensitive, inclusive, and diverse;
183 (III) involves youth in the planning, delivery, and evaluation of services that affect
184 them; and
185 (IV) offers a positive focus that is inclusive of all youth; and
186 (iv) for enforcement, control, and compliance program, the request shall demonstrate
187 that the proposed program can reasonably be expected to reduce the extent to which tobacco
188 products are available to individuals under [
189 (A) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
190 (B) beginning July 1, 2021, 21 years old;
191 (b) agree, by contract, to file an annual written report with the Department of Health[
193 (i) the amount funded;
194 (ii) the amount expended;
195 (iii) a description of the program or campaign and the number of adults and youth who
197 (iv) specific elements of the program or campaign meeting the applicable criteria set
198 forth in Subsection (1)(a); and
199 (v) a statement concerning the success and effectiveness of the program or campaign;
200 (c) agree, by contract, to not use any funds received under this part directly or
201 indirectly, to:
202 (i) engage in any lobbying or political activity, including the support of, or opposition
203 to, candidates, ballot questions, referenda, or similar activities; or
204 (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
206 (A) the provisions of the Master Settlement Agreement;
207 (B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
208 (C) Title 26, Chapter [
209 Part 3, Enforcement; and
210 (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
211 (d) agree, by contract, to repay the funds provided under this part if the organization:
212 (i) fails to file a timely report as required by Subsection (1)(b); or
213 (ii) uses any portion of the funds in violation of Subsection (1)(c).
214 (2) The Department of Health shall review and evaluate the success and effectiveness
215 of any program or campaign that receives funding pursuant to a request submitted under
216 Subsection (1). The review and evaluation:
217 (a) shall include a comparison of annual smoking trends;
218 (b) may be conducted by an independent evaluator; and
219 (c) may be paid for by funds appropriated from the account for that purpose.
220 (3) The Department of Health shall annually report to the Social Services
221 Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
222 (4) An organization that fails to comply with the contract requirements set forth in
223 Subsection (1) shall:
224 (a) repay the state as provided in Subsection (1)(d); and
225 (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
226 (5) The attorney general shall be responsible for recovering funds that are required to
227 be repaid to the state under this section.
228 (6) Nothing in this section may be construed as applying to funds that are not
229 appropriated under this part.
230 Section 6. Section 53-3-207 is amended to read:
231 53-3-207. License certificates or driving privilege cards issued to drivers by class
232 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
233 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
234 (1) As used in this section:
235 (a) "Driving privilege" means the privilege granted under this chapter to drive a motor
237 (b) "Governmental entity" means the state [
239 (c) "Political subdivision" means any county, city, town, school district, public transit
240 district, community reinvestment agency, special improvement or taxing district, local district,
241 special service district, an entity created by an interlocal agreement adopted under Title 11,
242 Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
244 (d) "State" means this state, and includes any office, department, agency, authority,
245 commission, board, institution, hospital, college, university, children's justice center, or other
246 instrumentality of the state.
247 (2) (a) The division shall issue to every [
248 vehicle, a regular license certificate, a limited-term license certificate, or a driving privilege
249 card indicating the type or class of motor vehicle the [
250 (b) [
251 privilege in that class.
252 (3) (a) Every regular license certificate, limited-term license certificate, or driving
253 privilege card shall bear:
254 (i) the distinguishing number assigned to the [
255 (ii) the name, birth date, and Utah residence address of the [
256 (iii) a brief description of the [
257 (iv) any restrictions imposed on the license under Section 53-3-208;
258 (v) a photograph of the [
259 (vi) a photograph or other facsimile of the person's signature;
260 (vii) an indication whether the [
261 under Title 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege
262 is extended under Subsection 53-3-214(3); and
263 (viii) except as provided in Subsection (3)(b), if the [
265 license in accordance with Section 53-3-205 and provides verification that the [
266 individual was granted an honorable or general discharge from the United States Armed
267 Forces, an indication that the [
268 regular license certificate or limited-term license certificate issued on or after July 1, 2011.
269 (b) A regular license certificate or limited-term license certificate issued to [
272 military veteran under Subsection (3)(a)(viii).
273 (c) A new license certificate issued by the division may not bear the [
275 (d) (i) The regular license certificate, limited-term license certificate, or driving
276 privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
277 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
278 license certificate, limited-term license certificate, or driving privilege card shall be as
279 prescribed by the commissioner.
280 (iii) The commissioner may also prescribe the issuance of a special type of limited
281 regular license certificate, limited-term license certificate, or driving privilege card under
282 Subsection 53-3-220(4).
283 (4) (a) (i) The division, upon determining after an examination that an applicant is
284 mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
285 receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
286 license certificate.
287 (ii) (A) The division shall issue a temporary regular license certificate or temporary
288 limited-term license certificate allowing the [
289 the division is completing its investigation to determine whether the [
290 entitled to be granted a driving privilege.
291 (B) A temporary regular license certificate or a temporary limited-term license
292 certificate issued under this Subsection (4) shall be recognized and have the same rights and
293 privileges as a regular license certificate or a limited-term license certificate.
294 (b) The temporary regular license certificate or temporary limited-term license
295 certificate shall be in the [
296 vehicle, and it is invalid when the [
297 limited-term license certificate has been issued or when, for good cause, the privilege has been
299 (c) The division shall indicate on the temporary regular license certificate or temporary
300 limited-term license certificate a date after which it is not valid as a temporary license.
301 (d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue a
302 temporary driving privilege card or other temporary permit to an applicant for a driving
303 privilege card.
304 (ii) The division may issue a learner permit issued in accordance with Section
305 53-3-210.5 to an applicant for a driving privilege card.
306 (5) (a) The division shall distinguish learner permits, temporary permits, regular
307 license certificates, limited-term license certificates, and driving privilege cards issued to any
309 use of a color or other means not used for other regular license certificates, limited-term license
310 certificates, or driving privilege cards.
311 (b) The division shall distinguish a regular license certificate, limited-term license
312 certificate, or driving privilege card issued to [
313 years of age by use of a portrait-style format not used for other regular license certificates,
314 limited-term license certificates, or driving privilege cards and by plainly printing the date the
315 regular license certificate, limited-term license certificate, or driving privilege card holder is 21
316 years of age[
321 (6) The division shall distinguish a limited-term license certificate by clearly indicating
322 on the document:
323 (a) that it is temporary; and
324 (b) its expiration date.
325 (7) (a) The division shall only issue a driving privilege card to [
326 whose privilege was obtained without providing evidence of lawful presence in the United
327 States as required under Subsection 53-3-205(8).
328 (b) The division shall distinguish a driving privilege card from a license certificate by:
329 (i) use of a format, color, font, or other means; and
330 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
331 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
332 (8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
333 permit, temporary regular license certificate, temporary limited-term license certificate, or any
334 other temporary permit.
335 (9) The division shall issue temporary license certificates of the same nature, except as
336 to duration, as the license certificates that they temporarily replace, as are necessary to
337 implement applicable provisions of this section and Section 53-3-223.
338 (10) (a) A governmental entity may not accept a driving privilege card as proof of
339 personal identification.
340 (b) A driving privilege card may not be used as a document providing proof of [
342 (11) A person who violates Subsection (2)(b) is guilty of an infraction.
343 (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
344 fees, restrictions, and sanctions under this code apply to a:
345 (a) driving privilege in the same way as a license or limited-term license issued under
346 this chapter; and
347 (b) limited-term license certificate or driving privilege card in the same way as a
348 regular license certificate issued under this chapter.
349 Section 7. Section 53-3-806 is amended to read:
350 53-3-806. Portrait-style format -- Minor's card distinguishable.
351 (1) The division shall use a portrait-style format for all identification cards, similar to
352 the format used for license certificates issued to [
354 (2) The identification card issued to [
356 other means not used for the identification card issued to [
358 (3) The division shall distinguish an identification card issued to [
359 individual younger than 21 years [
360 holder is 21 years [
365 (4) The division shall distinguish a limited-term identification card by clearly
366 indicating on the card:
367 (a) that it is temporary; and
368 (b) its expiration date.
369 Section 8. Section 59-14-703 is amended to read:
370 59-14-703. Certification of cigarette rolling machine operators -- Renewal of
371 certification -- Requirements for certification or renewal of certification -- Denial.
372 (1) A cigarette rolling machine operator may not perform the following without first
373 obtaining certification from the commission as provided in this part:
374 (a) locate a cigarette rolling machine within this state;
375 (b) make or offer to make a cigarette rolling machine available for use within this state;
377 (c) offer a cigarette for sale within this state if the cigarette is produced by:
378 (i) the cigarette rolling machine operator; or
379 (ii) another person at the location of the cigarette rolling machine operator's cigarette
380 rolling machine.
381 (2) A cigarette rolling machine operator shall renew its certification as provided in this
383 (3) The commission shall prescribe a form for certifying a cigarette rolling machine
384 operator under this part.
385 (4) (a) A cigarette rolling machine operator shall apply to the commission for
386 certification before the cigarette rolling machine operator performs an act described in
387 Subsection (1) within the state for the first time.
388 (b) A cigarette rolling machine operator shall apply to the commission for a renewal of
389 certification on or before the earlier of:
390 (i) December 31 of each year; or
391 (ii) the day on which there is a change in any of the information the cigarette rolling
392 machine operator provides on the form described in Subsection (3).
393 (5) To obtain certification or renewal of certification under this section from the
394 commission, a cigarette rolling machine operator shall:
395 (a) identify:
396 (i) the cigarette rolling machine operator's name and address;
397 (ii) the location, make, and brand of the cigarette rolling machine operator's cigarette
398 rolling machine; and
399 (iii) each person from whom the cigarette rolling machine operator will purchase or be
400 provided tobacco products that the cigarette rolling machine operator will use to produce
401 cigarettes; and
402 (b) certify, under penalty of perjury, that:
403 (i) the tobacco to be used in the cigarette rolling machine operator's cigarette rolling
404 machine, regardless of the tobacco's label or description, shall be only of a:
405 (A) brand family listed on the commission's directory listing required by Section
406 59-14-603; and
407 (B) tobacco product manufacturer listed on the commission's directory listing required
408 by Section 59-14-603;
409 (ii) the cigarette rolling machine operator shall prohibit another person who uses the
410 cigarette rolling machine operator's cigarette rolling machine from using tobacco, a wrapper, or
411 a cover except for tobacco, a wrapper, or a cover purchased by or provided to the cigarette
412 rolling machine operator from a person identified in accordance with Subsection (5)(a)(iii);
413 (iii) the cigarette rolling machine operator holds a current license issued in accordance
414 with this chapter;
415 (iv) the cigarettes produced from the cigarette rolling machine shall comply with Title
416 53, Chapter 7, Part 4, The Reduced Cigarette Ignition Propensity and Firefighter Protection
418 (v) the cigarette rolling machine shall be located in a separate and defined area where
419 the cigarette rolling machine operator ensures that [
421 (A) present at any time; or
422 (B) permitted to enter at any time; and
423 (vi) the cigarette rolling machine operator may not barter, distribute, exchange, offer,
424 or sell cigarettes produced from a cigarette rolling machine in a quantity of less than 20
425 cigarettes per retail transaction.
426 (6) For purposes of Subsection (5), an individual is younger than:
427 (a) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
428 (b) beginning July 1, 2021, 21 years old.
430 the requirements for certification or renewal of certification under this section, the commission
431 shall grant the certification or renewal of certification.
433 not meet the requirements for certification or renewal of certification under this section, the
434 commission shall:
435 (a) deny the certification or renewal of certification; and
436 (b) provide the cigarette rolling machine operator the grounds for denial of the
437 certification or renewal of certification in writing.
438 Section 9. Section 76-10-103 is amended to read:
439 76-10-103. Permitting minors to use tobacco in place of business.
440 It is a class C misdemeanor for the proprietor of any place of business to knowingly
441 permit [
442 while [
443 (1) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and
444 (2) beginning July 1, 2021, under 21 years old.
445 Section 10. Section 76-10-104 is amended to read:
446 76-10-104. Providing a cigar, cigarette, electronic cigarette, or tobacco to a minor
447 -- Penalties.
448 (1) [
449 with criminal negligence provides [
450 any form, to [
451 guilty of a class C misdemeanor on the first offense, a class B misdemeanor on the second
452 offense, and a class A misdemeanor on subsequent offenses[
453 (a) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
454 (b) beginning July 1, 2021, 21 years old.
455 (2) [
456 (a) includes selling, giving, furnishing, sending, or causing to be sent; and
457 (b) does not include the acts of the United States Postal Service or other common
458 carrier when engaged in the business of transporting and delivering packages for others or the
459 acts of a person, whether compensated or not, who transports or delivers a package for another
460 person without any reason to know of the package's content.
461 Section 11. Section 76-10-104.1 is amended to read:
462 76-10-104.1. Providing tobacco paraphernalia to minors -- Penalties.
463 (1) For purposes of this section:
464 (a) "Provides":
465 (i) includes selling, giving, furnishing, sending, or causing to be sent; and
466 (ii) does not include the acts of the United States Postal Service or other common
467 carrier when engaged in the business of transporting and delivering packages for others or the
468 acts of a person, whether compensated or not, who transports or delivers a package for another
469 person without any reason to know of the package's content.
470 (b) "Tobacco paraphernalia":
471 (i) means [
472 intended for use, or designed for use to package, repackage, store, contain, conceal, ingest,
473 inhale, or otherwise introduce a cigar, cigarette, or tobacco in any form into the human body,
475 (A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
476 screens, permanent screens, hashish heads, or punctured metal bowls;
477 (B) water pipes;
478 (C) carburetion tubes and devices;
479 (D) smoking and carburetion masks;
480 (E) roach clips[
481 that has become too small or too short to be held in the hand;
482 (F) chamber pipes;
483 (G) carburetor pipes;
484 (H) electric pipes;
485 (I) air-driven pipes;
486 (J) chillums;
487 (K) bongs; and
488 (L) ice pipes or chillers; and
489 (ii) does not include matches or lighters.
490 (2) (a) It is unlawful for a person to knowingly, intentionally, recklessly, or with
491 criminal negligence provide [
493 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
494 (ii) beginning July 1, 2021, 21 years old.
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 12. 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) [
501 than the age specified in Subsection (1)(b), and buys or attempts to buy, accepts, or has in the
503 form is guilty of [
506 which may include a participation fee.
507 (b) For purposes of Subsection (1)(a), the individual is younger than:
508 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
509 (ii) beginning July 1, 2021, 21 years old.
510 (2) [
511 accepts, or has in the [
512 or tobacco in any form is subject to the jurisdiction of the juvenile court and subject to Section
513 78A-6-602, unless the violation is committed on school property. If a violation under this
514 section is adjudicated under Section 78A-6-117, the minor may be subject to the following:
515 (a) a fine or penalty, in accordance with Section 78A-6-117; and
516 (b) participation in a court-approved tobacco education program, which may include a
517 participation fee.
518 (3) A compliance officer appointed by a board of education under Section 53G-4-402
519 may not issue a citation for a violation of this section committed on school property. A cited
520 violation committed on school property shall be addressed in accordance with Section
522 (4) (a) This section does not apply to the purchase or possession of a cigar, cigarette,
523 electronic cigarette, tobacco, or tobacco paraphernalia by an individual who is 18 years or older
524 and is:
525 (i) on active duty in the United States Armed Forces; or
526 (ii) a spouse or dependent of an individual who is on active duty in the United States
527 Armed Forces.
528 (b) A valid, government-issued military identification card is required to verify proof
529 of age under Subsection (4)(a).
530 Section 13. Section 76-10-105.1 is amended to read:
531 76-10-105.1. Requirement of direct, face-to-face sale of cigarettes, tobacco, and
532 electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
533 (1) As used in this section:
534 (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
535 (b) (i) "Face-to-face exchange" means a transaction made in person between an
536 individual and a retailer or retailer's employee.
537 (ii) "Face-to-face exchange" does not include a sale through a:
538 (A) vending machine; or
539 (B) self-service display.
540 (c) "Retailer" means a person who:
541 (i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal
542 consumption; or
543 (ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an
544 electronic cigarette.
545 (d) "Self-service display" means a display of a cigarette, tobacco, or an electronic
546 cigarette to which the public has access without the intervention of a retailer or retailer's
548 (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
549 (f) "Tobacco specialty shop" means a "retail tobacco specialty business" as that term is
551 (i) as it relates to a municipality, in Section 10-8-41.6; and
552 (ii) as it relates to a county, in Section 17-50-333.
553 (2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, or an
554 electronic cigarette only in a face-to-face exchange.
555 (3) The face-to-face sale requirement in Subsection (2) does not apply to:
556 (a) a mail-order, telephone, or Internet sale made in compliance with Section
558 (b) a sale from a vending machine or self-service display that is located in an area of a
559 retailer's facility:
560 (i) that is distinct and separate from the rest of the facility; and
561 (ii) where the retailer only allows an individual who complies with Subsection (4) to be
562 present; or
563 (c) a sale at a tobacco specialty shop.
564 (4) (a) An individual who is less than [
565 (4)(b) may not enter or be present at a tobacco specialty shop unless the individual is:
568 purchase a cigarette, tobacco, or an electronic cigarette; or
570 Forces, as demonstrated by a valid, government-issued military identification card.
571 (b) For purposes of Subsection (4)(a), the individual is younger than:
572 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
573 (ii) beginning July 1, 2021, 21 years old.
574 (5) A parent or legal guardian who accompanies, under Subsection (4)(a)(i), an
575 individual into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not
576 allow the individual to purchase a cigarette, tobacco, or an electronic cigarette.
577 (6) A violation of Subsection (2) or (4) is a:
578 (a) class C misdemeanor on the first offense;
579 (b) class B misdemeanor on the second offense; and
580 (c) class A misdemeanor on the third and all subsequent offenses.
581 (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
582 under Section 76-10-104.
583 (8) (a) [
584 political subdivision of the state or by a state agency that affects the sale, minimum age of sale,
585 placement, or display of cigarettes, tobacco, or electronic cigarettes that is not essentially
586 identical to [
587 (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
588 ordinance by a municipal or county government.
589 Section 14. Section 77-39-101 is amended to read:
590 77-39-101. Investigation of sales of alcohol, tobacco, and electronic smoking
591 devices to underage individuals.
592 (1) As used in this section, "electronic cigarette" is as defined in Section 76-10-101.
593 (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
594 Classifications, may investigate the possible violation of:
595 (i) Section 32B-4-403 by requesting an individual under [
596 enter into and attempt to purchase or make a purchase of alcohol from a retail establishment; or
597 (ii) Section 76-10-104 by requesting an individual under the age [
598 in Subsection (2)(e) to enter into and attempt to purchase or make a purchase from a retail
599 establishment of:
600 (A) a cigar;
601 (B) a cigarette;
602 (C) tobacco in any form; or
603 (D) an electronic cigarette.
604 (b) A peace officer who is present at the site of a proposed purchase shall direct,
605 supervise, and monitor the individual requested to make the purchase.
606 (c) Immediately following a purchase or attempted purchase or as soon as practical the
607 supervising peace officer shall inform the cashier and the proprietor or manager of the retail
608 establishment that the attempted purchaser was under the legal age to purchase:
609 (i) alcohol; or
610 (ii) (A) a cigar;
611 (B) a cigarette;
612 (C) tobacco in any form; or
613 (D) an electronic cigarette.
614 (d) If a citation or information is issued, it shall be issued within seven days of the
616 (e) For purposes of Subsection (2)(a)(ii), the individual is younger than:
617 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
618 (ii) beginning July 1, 2021, 21 years old.
619 (3) (a) If an individual under the age of 18 years old is requested to attempt a purchase,
620 a written consent of that individual's parent or guardian shall be obtained prior to that
621 individual participating in any attempted purchase.
622 (b) An individual requested by the peace officer to attempt a purchase may:
623 (i) be a trained volunteer; or
624 (ii) receive payment, but may not be paid based on the number of successful purchases
625 of alcohol, tobacco, or an electronic cigarette.
626 (4) The individual requested by the peace officer to attempt a purchase and anyone
627 accompanying the individual attempting a purchase may not during the attempted purchase
628 misrepresent the age of the individual by false or misleading identification documentation in
629 attempting the purchase.
630 (5) An individual requested to attempt to purchase or make a purchase pursuant to this
631 section is immune from prosecution, suit, or civil liability for the purchase of, attempted
632 purchase of, or possession of alcohol, a cigar, a cigarette, tobacco in any form, or an electronic
633 cigarette if a peace officer directs, supervises, and monitors the individual.
634 (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
635 shall be conducted:
636 (i) on a random basis; and
637 (ii) within a 12-month period at any one retail establishment location not more often
639 (A) two times for the attempted purchase of:
640 (I) a cigar;
641 (II) a cigarette;
642 (III) tobacco in any form; or
643 (IV) an electronic cigarette; and
644 (B) four times for the attempted purchase of alcohol.
645 (b) [
646 attempt to purchase tobacco under this section if:
647 (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
648 cigar, a cigarette, tobacco in any form, or an electronic cigarette to an individual under the age
649 established by Section 32B-4-403 or 76-10-104; and
650 (ii) the supervising peace officer makes a written record of the grounds for the
651 reasonable suspicion.
652 (7) (a) The peace officer exercising direction, supervision, and monitoring of the
653 attempted purchase shall make a report of the attempted purchase, whether or not a purchase
654 was made.
655 (b) The report required by this Subsection (7) shall include:
656 (i) the name of the supervising peace officer;
657 (ii) the name of the individual attempting the purchase;
658 (iii) a photograph of the individual attempting the purchase showing how that
659 individual appeared at the time of the attempted purchase;
660 (iv) the name and description of the cashier or proprietor from whom the individual
661 attempted the purchase;
662 (v) the name and address of the retail establishment; and
663 (vi) the date and time of the attempted purchase.
664 Section 15. Effective date.
665 This bill takes effect on July 1, 2020.
666 Section 16. Coordinating H.B. 324 with H.B. 252 -- Technical amendments.
667 If this H.B. 324 and H.B. 252, Electronic Cigarette and Other Nicotine Product
668 Amendments, both pass and become law, it is the intent of the Legislature that the Office of
669 Legislative Research and General Counsel shall prepare the Utah Code database for publication
670 on July 1, 2020, by amending Subsection 76-10-105(1) to read:
671 "(1) (a) An individual who is 18 years old or older, but younger than the age specified
672 in Subsection (1)(b), and buys or attempts to buy, accepts, or has in the individual's possession
673 any cigar, cigarette, electronic cigarette product, alternative nicotine product, nontherapeutic
674 nicotine product, or tobacco in any form is guilty of an infraction and subject to:
675 (i) a minimum fine or penalty of $60; and
676 (ii) participation in a court-approved tobacco education or cessation program, which
677 may include a participation fee.
678 (b) For purposes of Subsection (1)(a), the individual is younger than:
679 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
680 (ii) beginning July 1, 2021, 21 years old.".