1     
TOBACCO AND ELECTRONIC CIGARETTE AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jon Hawkins

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to tobacco products and electronic cigarettes.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms related to electronic cigarettes and tobacco retailers;
13          ▸     modifies the definition of a retail tobacco specialty business to include a business
14     that appears to be a retail tobacco specialty business or sells a flavored electronic
15     cigarette product;
16          ▸     amends permit violations for tobacco retailers;
17          ▸     creates requirements regarding verification of age for retail tobacco specialty
18     businesses;
19          ▸     modifies and places sunset provisions on dates from which laws are applicable to
20     retail tobacco specialty businesses;
21          ▸     authorizes regulation and testing of manufacturer sealed electronic substances;
22          ▸     requires a tobacco retailer to maintain certain records;
23          ▸     provides that a retail tobacco specialty shop may not be located within 1,000 feet of
24     a school;
25          ▸     creates civil penalties for a retail tobacco specialty business that allows an
26     individual under 21 years old in certain circumstances to gain access to the premises
27     of the business or to purchase a tobacco product or an electronic cigarette product;
28          ▸     increases the minimum age for obtaining, possessing, using, providing, or
29     furnishing tobacco products and paraphernalia and electronic cigarette products to

30     21 years old;
31          ▸     prohibits a manufacturer, wholesaler, or retailer from providing certain discounts or
32     giveaways for electronic cigarette products and tobacco products;
33          ▸     prohibits a general tobacco retailer from selling, providing, or distributing a
34     flavored electronic cigarette product;
35          ▸     makes it a crime to fraudulently use or transfer proof of age to gain access to a retail
36     tobacco specialty business or to purchase a tobacco product or electronic cigarette
37     product;
38          ▸     makes it a crime for an employee of a retail tobacco specialty business to allow an
39     individual under 21 years old to purchase a tobacco product or an electronic
40     cigarette product;
41          ▸     preempts certain ordinances, rules, and regulations on tobacco products, electronic
42     cigarette products, and tobacco paraphernalia;
43          ▸     amends the number of times that a peace officer must conduct an investigation of a
44     retail shop for underage tobacco sales; and
45          ▸     makes technical and conforming changes.
46     Money Appropriated in this Bill:
47          None
48     Other Special Clauses:
49          This bill provides a special effective date.
50          This bill provides a coordination clause.
51     Utah Code Sections Affected:
52     AMENDS:
53          10-8-41.6, as last amended by Laws of Utah 2018, Chapter 231
54          10-8-47 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
55          17-50-333, as last amended by Laws of Utah 2018, Chapter 231
56          26-57-103, as enacted by Laws of Utah 2015, Chapter 132
57          26-62-102, as renumbered and amended by Laws of Utah 2018, Chapter 231

58          26-62-205 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
59          26-62-304 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
60          26-62-305 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
61          51-9-203 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapters 136
62     and 232
63          53-3-229, as last amended by Laws of Utah 2010, Chapters 114 and 276
64          53-3-810, as last amended by Laws of Utah 2010, Chapters 114 and 276
65          53G-8-209, as last amended by Laws of Utah 2019, Chapter 293
66          59-14-703 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
67          63I-1-210, as last amended by Laws of Utah 2018, Chapter 236
68          63I-1-217, as last amended by Laws of Utah 2018, Chapters 236 and 347
69          76-8-311.3, as last amended by Laws of Utah 2010, Chapter 114
70          76-10-101, as last amended by Laws of Utah 2015, Chapters 66, 132 and last amended
71     by Coordination Clause, Laws of Utah 2015, Chapter 132
72          76-10-103 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
73          76-10-104 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
74          76-10-104.1 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
75          76-10-105 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
76          76-10-105.1 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
77          76-10-111, as last amended by Laws of Utah 2010, Chapter 114
78          76-10-112, as enacted by Laws of Utah 1989, Chapter 193
79          77-39-101 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
80     ENACTS:
81          26-62-206, Utah Code Annotated 1953
82          26-62-401, Utah Code Annotated 1953
83          26-62-402, Utah Code Annotated 1953
84          76-10-113, Utah Code Annotated 1953
85          76-10-114, Utah Code Annotated 1953

86          76-10-115, Utah Code Annotated 1953
87          76-10-116, Utah Code Annotated 1953
88     Utah Code Sections Affected by Coordination Clause:
89          10-8-41.6, as last amended by Laws of Utah 2018, Chapter 231
90          17-50-333, as last amended by Laws of Utah 2018, Chapter 231
91          26-62-305, as last amended by Laws of Utah 2019, Chapter 232
92          76-10-111, as last amended by Laws of Utah 2010, Chapter 114
93     

94     Be it enacted by the Legislature of the state of Utah:
95          Section 1. Section 10-8-41.6 is amended to read:
96          10-8-41.6. Regulation of retail tobacco specialty business.
97          (1) As used in this section:
98          (a) "Community location" means:
99          (i) a public or private kindergarten, elementary, middle, junior high, or high school;
100          (ii) a licensed child-care facility or preschool;
101          (iii) a trade or technical school;
102          (iv) a church;
103          (v) a public library;
104          (vi) a public playground;
105          (vii) a public park;
106          (viii) a youth center or other space used primarily for youth oriented activities;
107          (ix) a public recreational facility;
108          (x) a public arcade; or
109          (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
110          (b) "Department" means the Department of Health, created in Section 26-1-4.
111          (c) "Electronic cigarette product" means the same as that term is defined in Section
112     76-10-101.
113          (d) "Flavored electronic cigarette product" means the same as that term is defined in

114     Section 76-10-101.
115          [(c)] (e) "Local health department" means the same as that term is defined in Section
116     26A-1-102.
117          [(d)] (f) "Permittee" means a person licensed under this section to conduct business as
118     a retail tobacco specialty business.
119          [(e)] (g) "Retail tobacco specialty business" means a commercial establishment in
120     which:
121          (i) the sale of tobacco products and electronic cigarette products accounts for more
122     than 35% of the total quarterly gross receipts for the establishment;
123          (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
124     storage of tobacco products or electronic cigarette products;
125          (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
126     tobacco products or electronic cigarette products; [or]
127          (iv) the commercial establishment:
128          (A) holds itself out as a retail tobacco specialty business; and
129          (B) causes a reasonable person to believe the commercial establishment is a retail
130     tobacco specialty business;
131          (v) any flavored electronic cigarette product is sold; or
132          [(iv)] (vi) the retail space features a self-service display for tobacco products or
133     electronic cigarette products.
134          [(f)] (h) "Self-service display" means the same as that term is defined in Section
135     76-10-105.1.
136          [(g)] (i) "Tobacco product" means:
137          (i) the same as that term is defined in Section 76-10-101; or
138          (ii) tobacco paraphernalia as defined in Section 76-10-101.
139          [(i) any cigar, cigarette, or electronic cigarette, as those terms are defined in Section
140     76-10-101;]
141          [(ii) a tobacco product, as that term is defined in Section 59-14-102, including:]

142          [(A) chewing tobacco; or]
143          [(B) any substitute for a tobacco product, including flavoring or additives to tobacco;
144     and]
145          [(iii) tobacco paraphernalia, as that term is defined in Section 76-10-104.1.]
146          (2) The regulation of a retail tobacco specialty business is an exercise of the police
147     powers of the state[, and through delegation,] by the state or by delegation of the state's police
148     powers to other governmental entities.
149          (3) (a) A person may not operate a retail tobacco specialty business in a municipality
150     unless the person obtains a license from the municipality in which the retail tobacco specialty
151     business is located.
152          (b) A municipality may only issue a retail tobacco specialty business license to a
153     person if the person complies with the provisions of Subsections (4) and (5).
154          (4) (a) Except as provided in Subsection (7), a municipality may not issue a license for
155     a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
156     business is located within:
157          (i) 1,000 feet of a community location;
158          (ii) 600 feet of another retail tobacco specialty business; or
159          (iii) 600 feet from property used or zoned for:
160          (A) agriculture use; or
161          (B) residential use.
162          (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
163     a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
164     property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
165     to intervening structures or zoning districts.
166          (5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a municipality
167     may not issue or renew a license for a person to conduct business as a retail tobacco specialty
168     business until the person provides the municipality with proof that the retail tobacco specialty
169     business has:

170          (i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
171     62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
172     which the retail tobacco specialty business is located; and
173          (ii) a valid license to sell tobacco products from the State Tax Commission.
174          (b) A person that was licensed to conduct business as a retail tobacco specialty
175     business in a municipality before July 1, 2018, shall obtain a permit from a local health
176     department under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
177          (6) (a) Nothing in this section:
178          (i) requires a municipality to issue a retail tobacco specialty business license; or
179          (ii) prohibits a municipality from adopting more restrictive requirements on a person
180     seeking a license or renewal of a license to conduct business as a retail tobacco specialty
181     business.
182          (b) A municipality may suspend or revoke a retail tobacco specialty business license
183     issued under this section:
184          (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
185     Part 16, Pattern of Unlawful Activity Act;
186          (ii) if a licensee violates [the regulations] federal law or federal regulations restricting
187     the sale and distribution of [cigarettes and smokeless tobacco] tobacco products or electronic
188     cigarette products to protect children and adolescents [issued by the United States Food and
189     Drug Administration, 21 C.F.R. Part 1140];
190          (iii) upon the recommendation of the department or a local health department under
191     Title 26, Chapter 62, Tobacco Retail Permit; or
192          (iv) under any other provision of state law or local ordinance.
193          (7) (a) [In accordance with Subsection (7)(b)] Except as provided in Subsection (8), a
194     retail tobacco specialty business that has a business license and is operating in a municipality in
195     accordance with all applicable laws except for the requirement in Subsection (4), on or before
196     December 31, [2015] 2018, is exempt from Subsection (4).
197          (b) A retail tobacco specialty business may maintain an exemption under Subsection

198     (7)(a) if:
199          (i) the retail tobacco specialty business license is renewed continuously without lapse
200     or permanent revocation;
201          (ii) the retail tobacco specialty business does not close for business or otherwise
202     suspend the sale of tobacco products for more than 60 consecutive days;
203          (iii) the retail tobacco specialty business does not substantially change the business
204     premises or business operation; and
205          (iv) the retail tobacco specialty business maintains the right to operate under the terms
206     of other applicable laws, including:
207          (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
208          (B) zoning ordinances;
209          (C) building codes; and
210          (D) the requirements of a retail tobacco specialty business license issued before
211     December 31, [2015] 2018.
212          (8) Beginning August 15, 2020, a retail tobacco specialty business that has a business
213     license and is operating in a municipality may not be located within 1,000 feet of any school.
214          Section 2. Section 10-8-47 (Effective 07/01/20) is amended to read:
215          10-8-47 (Effective 07/01/20). Intoxication -- Fights -- Disorderly conduct --
216     Assault and battery -- Petit larceny -- Riots and disorderly assemblies -- Firearms and
217     fireworks -- False pretenses and embezzlement -- Sale of liquor, narcotics, or tobacco to
218     minors -- Possession of controlled substances -- Treatment of alcoholics and narcotics or
219     drug addicts.
220          (1) A municipal legislative body may:
221          (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
222     bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
223     battery and petit larceny;
224          (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
225     house, or place in the city;

226          (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks in
227     accordance with Section 53-7-225, or any other dangerous or combustible material;
228          (d) provide against and prevent the offense of obtaining money or property under false
229     pretenses and the offense of embezzling money or property in the cases when the money or
230     property embezzled or obtained under false pretenses does not exceed in value the sum of
231     $500;
232          (e) prohibit the sale, giving away, or furnishing of narcotics or alcoholic beverages to
233     an individual younger than 21 years old; or
234          (f) prohibit the sale, giving away, or furnishing of [tobacco or e-cigarettes] a tobacco
235     product or an electronic cigarette product, as those terms are defined in Section 76-10-101, to
236     an individual younger than[: (i) beginning July 1, 2020, and ending June 30, 2021, 20 years
237     old; and (ii) beginning July 1, 2021,] 21 years old.
238          (2) A city may:
239          (a) by ordinance, prohibit the possession of controlled substances as defined in the
240     Utah Controlled Substances Act or any other endangering or impairing substance, provided the
241     conduct is not a class A misdemeanor or felony; and
242          (b) provide for treatment of alcoholics, narcotic addicts, and other individuals who are
243     addicted to the use of drugs or intoxicants such that an individual substantially lacks the
244     capacity to control the individual's use of the drugs or intoxicants, and judicial supervision may
245     be imposed as a means of effecting the individual's rehabilitation.
246          Section 3. Section 17-50-333 is amended to read:
247          17-50-333. Regulation of retail tobacco specialty business.
248          (1) As used in this section:
249          (a) "Community location" means:
250          (i) a public or private kindergarten, elementary, middle, junior high, or high school;
251          (ii) a licensed child-care facility or preschool;
252          (iii) a trade or technical school;
253          (iv) a church;

254          (v) a public library;
255          (vi) a public playground;
256          (vii) a public park;
257          (viii) a youth center or other space used primarily for youth oriented activities;
258          (ix) a public recreational facility;
259          (x) a public arcade; or
260          (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
261          (b) "Department" means the Department of Health, created in Section 26-1-4.
262          (c) "Electronic cigarette product" means the same as that term is defined in Section
263     76-10-101.
264          (d) "Flavored electronic cigarette product" means the same as that term is defined in
265     Section 76-10-101.
266          [(c)] (e) "Licensee" means a person licensed under this section to conduct business as a
267     retail tobacco specialty business.
268          [(d)] (f) "Local health department" means the same as that term is defined in Section
269     26A-1-102.
270          [(e)] (g) "Retail tobacco specialty business" means a commercial establishment in
271     which:
272          (i) the sale of tobacco products and electronic cigarette products accounts for more
273     than 35% of the total quarterly gross receipts for the establishment;
274          (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
275     storage of tobacco products or electronic cigarette products;
276          (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
277     tobacco products or electronic cigarette products; [or]
278          (iv) the commercial establishment:
279          (A) holds itself out as a retail tobacco specialty business; and
280          (B) causes a reasonable person to believe the commercial establishment is a retail
281     tobacco specialty business;

282          (v) any flavored electronic cigarette product is sold; or
283          [(iv)] (vi) the retail space features a self-service display for tobacco products or
284     electronic cigarette products.
285          [(f)] (h) "Self-service display" means the same as that term is defined in Section
286     76-10-105.1.
287          [(g)] (i) "Tobacco product" means:
288          (i) the same as that term is defined in Section 76-10-101; or
289          (ii) tobacco paraphernalia as defined in Section 76-10-101.
290          [(i) any cigar, cigarette, or electronic cigarette as those terms are defined in Section
291     76-10-101;]
292          [(ii) a tobacco product as that term is defined in Section 59-14-102, including:]
293          [(A) chewing tobacco; or]
294          [(B) any substitute for a tobacco product, including flavoring or additives to tobacco;
295     and]
296          [(iii) tobacco paraphernalia as that term is defined in Section 76-10-104.1.]
297          (2) The regulation of a retail tobacco specialty business is an exercise of the police
298     powers of the state[, and through delegation,] by the state or by the delegation of the state's
299     police power to other governmental entities.
300          (3) (a) A person may not operate a retail tobacco specialty business in a county unless
301     the person obtains a license from the county in which the retail tobacco specialty business is
302     located.
303          (b) A county may only issue a retail tobacco specialty business license to a person if
304     the person complies with the provisions of Subsections (4) and (5).
305          (4) (a) Except as provided in Subsection (7), a county may not issue a license for a
306     person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
307     business is located within:
308          (i) 1,000 feet of a community location;
309          (ii) 600 feet of another retail tobacco specialty business; or

310          (iii) 600 feet from property used or zoned for:
311          (A) agriculture use; or
312          (B) residential use.
313          (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
314     a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
315     property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
316     to intervening structures or zoning districts.
317          (5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a county may
318     not issue or renew a license for a person to conduct business as a retail tobacco specialty
319     business until the person provides the county with proof that the retail tobacco specialty
320     business has:
321          (i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
322     62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
323     which the retail tobacco specialty business is located; and
324          (ii) a valid license to sell tobacco products from the State Tax Commission.
325          (b) A person that was licensed to conduct business as a retail tobacco specialty
326     business in a county before July 1, 2018, shall obtain a permit from a local health department
327     under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
328          (6) (a) Nothing in this section:
329          (i) requires a county to issue a retail tobacco specialty business license; or
330          (ii) prohibits a county from adopting more restrictive requirements on a person seeking
331     a license or renewal of a license to conduct business as a retail tobacco specialty business.
332          (b) A county may suspend or revoke a retail tobacco specialty business license issued
333     under this section:
334          (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
335     Part 16, Pattern of Unlawful Activity Act;
336          (ii) if a licensee violates [the regulations] federal law or federal regulations restricting
337     the sale and distribution of [cigarettes and smokeless tobacco] tobacco products or electronic

338     cigarette products to protect children and adolescents [issued by the United States Food and
339     Drug Administration, 21 C.F.R. Part 1140];
340          (iii) upon the recommendation of the department or a local health department under
341     Title 26, Chapter 62, Tobacco Retail Permit; or
342          (iv) under any other provision of state law or local ordinance.
343          (7) (a) [In accordance with Subsection (7)(b)] Except as provided in Subsection (8), a
344     retail tobacco specialty business that has a business license and is operating in a county in
345     accordance with all applicable laws except for the requirement in Subsection (4), on or before
346     December 31, [2015] 2018, is exempt from Subsection (4).
347          (b) A retail tobacco specialty business may maintain an exemption under Subsection
348     (7)(a) if:
349          (i) the retail tobacco specialty business license is renewed continuously without lapse
350     or permanent revocation;
351          (ii) the retail tobacco specialty business does not close for business or otherwise
352     suspend the sale of tobacco products for more than 60 consecutive days;
353          (iii) the retail tobacco specialty business does not substantially change the business
354     premises or business operation; and
355          (iv) the retail tobacco specialty business maintains the right to operate under the terms
356     of other applicable laws, including:
357          (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
358          (B) zoning ordinances;
359          (C) building codes; and
360          (D) the requirements of a retail tobacco specialty business license issued before
361     December 31, [2015] 2018.
362          (8) Beginning August 15, 2020, a retail tobacco specialty business that has a business
363     license and is operating in a county may not be located within 1,000 feet of any school.
364          Section 4. Section 26-57-103 is amended to read:
365          26-57-103. Electronic cigarette products -- Labeling -- Manufacturing and

366     quality control standards -- Advertising.
367          (1) The department shall, in consultation with a local health department, as defined in
368     Section 26A-1-102, and with input from members of the public, establish[, no later than
369     January 1, 2016,] by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
370     Rulemaking Act, the standards for electronic cigarette substance:
371          (a) labeling;
372          (b) nicotine content;
373          (c) packaging; and
374          (d) product quality.
375          [(2) The standards established by the department under Subsection (1) do not apply to a
376     manufacturer sealed electronic cigarette substance.]
377          (2) On or before January 1, 2021, the department shall, in consultation with a local
378     health department, as defined in Section 26A-1-102, and with input from members of the
379     public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
380     Rulemaking Act, the standards for manufacturer sealed electronic cigarette substance:
381          (a) labeling;
382          (b) nicotine content;
383          (c) packaging; and
384          (d) product quality.
385          (3) (a) [Beginning on July 1, 2016, a] A person may not sell an electronic cigarette
386     substance unless the electronic cigarette substance complies with the standards established by
387     the department under Subsection (1).
388          (b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic
389     cigarette substance unless the manufacturer sealed electronic cigarette substance complies with
390     the standards established by the department under Subsection (2).
391          (4) (a) [Beginning on July 1, 2016, a] A local health department may not enact a rule or
392     regulation regarding electronic cigarette substance labeling, nicotine content, packaging, or
393     product quality that is not identical to the standards established by the department under

394     [Subsection (1)] Subsections (1) and (2).
395          (b) Except as provided in Subsection (4)(c), a local health department may enact a rule
396     or regulation regarding electronic cigarette substance manufacturing.
397          (c) A local health department may not enact a rule or regulation regarding a
398     manufacturer sealed electronic cigarette substance.
399          (5) [Beginning on July 1, 2016, a] A person may not advertise an electronic cigarette
400     product:
401          (a) as a tobacco cessation device;
402          (b) if the person is not licensed to sell an electronic cigarette product under Section
403     59-14-803; or
404          (c) during a period of time when the person's license to sell an electronic cigarette
405     product under Section 59-14-803 has been suspended or revoked.
406          Section 5. Section 26-62-102 is amended to read:
407          26-62-102. Definitions.
408          As used in this chapter:
409          (1) "Community location" means the same as that term is defined:
410          (a) as it relates to a municipality, in Section 10-8-41.6; and
411          (b) as it relates to a county, in Section 17-50-333.
412          (2) "Electronic cigarette product" means the same as that term is defined in Section
413     76-10-101.
414          [(2)] (3) "Employee" means an employee of a tobacco retailer.
415          [(3)] (4) "Enforcing agency" means the state Department of Health, or any local health
416     department enforcing the provisions of this chapter.
417          [(4)] (5) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco
418     specialty business.
419          [(5)] (6) "Local health department" means the same as that term is defined in Section
420     26A-1-102.
421          (7) "Owner" means a person holding a 20% ownership interest in the business that is

422     required to obtain a permit under this chapter.
423          [(6)] (8) "Permit" means a tobacco retail permit issued under this chapter.
424          (9) (a) "Proof of age" means:
425          (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
426     Card Act;
427          (ii) a valid identification that:
428          (A) is substantially similar to an identification card issued under Title 53, Chapter 3,
429     Part 8, Identification Card Act;
430          (B) is issued in accordance with the laws of a state other than Utah in which the
431     identification is issued;
432          (C) includes date of birth; and
433          (D) has a picture affixed;
434          (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
435     Driver License Act, or in accordance with the laws of the state in which the valid driver license
436     is issued;
437          (iv) a valid United States military identification card that:
438          (A) includes date of birth; and
439          (B) has a picture affixed; or
440          (v) a valid passport.
441          (b) "Proof of age" does not include a valid driving privilege card issued in accordance
442     with Section 53-3-207.
443          [(7)] (10) "Retail tobacco specialty business" means the same as that term is defined:
444          (a) as it relates to a municipality, in Section 10-8-41.6; and
445          (b) as it relates to a county, in Section 17-50-333.
446          [(8)] (11) "Tax commission license" means a license issued by the State Tax
447     Commission under:
448          (a) Section 59-14-201 to sell cigarettes at retail;
449          (b) Section 59-14-301 to sell tobacco products at retail; or

450          (c) Section 59-14-803 to sell an electronic cigarette product.
451          [(9)] (12) "Tobacco product" means:
452          (a) the same as that term is defined in Section 76-10-101; or
453          (b) tobacco paraphernalia as defined in Section 76-10-101.
454          [(a) a cigar, cigarette, or electronic cigarette product as those terms are defined in
455     Section 76-10-101;]
456          [(b) a tobacco product as that term is defined in Section 59-14-102, including:]
457          [(i) chewing tobacco; or]
458          [(ii) any substitute for a tobacco product, including flavoring or additives to tobacco;
459     or]
460          [(c) tobacco paraphernalia as that term is defined in Section 76-10-104.1.]
461          [(10)] (13) "Tobacco retailer" means a person that is required to obtain a tax
462     commission license.
463          Section 6. Section 26-62-205 (Effective 07/01/20) is amended to read:
464          26-62-205 (Effective 07/01/20). Permit requirements for a retail tobacco specialty
465     business.
466          A retail tobacco specialty business shall:
467          (1) electronically verify proof of age for any individual that enters the premises of the
468     business in accordance with Part 4, Proof of Age Requirements;
469          [(1)] (2) except as provided in Subsection 76-10-105.1(4), prohibit any individual from
470     entering the business if the individual is[: (a) beginning July 1, 2020, and ending June 30,
471     2021, under 20 years old; and (b) beginning July 1, 2021,] under 21 years old; and
472          [(2)] (3) prominently display at the retail tobacco specialty business a sign on the
473     public entrance of the business that communicates:
474          (a) the prohibition on the presence of an individual under 21 years old in a retail
475     tobacco specialty business in Subsection 76-10-105.1(4); and
476          (b) the prohibition on the sale of tobacco products and electronic cigarette products to
477     an individual under 21 years old as described in Sections 76-10-104, 76-10-104.1, 76-10-105.1,

478     and 76-10-114.
479          Section 7. Section 26-62-206 is enacted to read:
480          26-62-206. Permit requirements for the sale of tobacco products and electronic
481     cigarette products.
482          (1) A tobacco retailer shall:
483          (a) provide the customer with an itemized receipt for each sale of a tobacco product or
484     an electronic cigarette product that separately identifies:
485          (i) the name of the tobacco product or the electronic cigarette product;
486          (ii) the amount charged for each tobacco product or electronic cigarette product; and
487          (iii) the time and date of the sale; and
488          (b) maintain an itemized transaction log for each sale of a tobacco product or an
489     electronic cigarette product that separately identifies:
490          (i) the name of the tobacco product or the electronic cigarette product;
491          (ii) the amount charged for each tobacco product or electronic cigarette product; and
492          (iii) the date and time of the sale.
493          (2) The itemized transaction log described in Subsection (1)(b) shall be:
494          (a) maintained for at least one year after the date of each transaction in the itemized
495     transaction log; and
496          (b) made available to an enforcing agency or a peace officer at the request of the
497     enforcing agency or the peace officer that is no less restrictive than the provisions in this part.
498          Section 8. Section 26-62-304 (Effective 07/01/20) is amended to read:
499          26-62-304 (Effective 07/01/20). Hearing -- Evidence of criminal conviction.
500          (1) At a civil hearing conducted under Section 26-62-302, evidence of the final
501     criminal conviction of a tobacco retailer or employee for violation of Section [76-10-104]
502     76-10-114 at the same location and within the same time period as the location and time period
503     alleged in the civil hearing for violation of this chapter for sale of tobacco products to an
504     individual under [the following ages] 21 years old is prima facie evidence of a violation of this
505     chapter[:].

506          [(a) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and]
507          [(b) beginning July 1, 2021, under 21 years old.]
508          (2) If the tobacco retailer is convicted of violating Section [76-10-104] 76-10-114, the
509     enforcing agency:
510          (a) may not assess an additional monetary penalty under this chapter for the same
511     offense for which the conviction was obtained; and
512          (b) may revoke or suspend a permit in accordance with Section 26-62-305 or
513     26-62-402.
514          Section 9. Section 26-62-305 (Effective 07/01/20) is amended to read:
515          26-62-305 (Effective 07/01/20). Penalties.
516          (1) (a) If[, following an inspection by an enforcing agency, or an investigation or
517     issuance of a citation or information under Section 77-39-101,] an enforcing agency determines
518     that a person has violated the terms of a permit issued under this chapter, the enforcing agency
519     may impose the penalties described in this section.
520          (b) If multiple violations are found in a single inspection by an enforcing agency or
521     investigation[, only one violation shall count toward the penalties described in this section. (2)
522     (a) The administrative penalty for] by a law enforcement agency under Section 77-39-101, the
523     enforcing agency shall treat the multiple violations as one single violation under Subsections
524     (2), (3), and (4).
525          (2) Except as provided in Subsection (3) and Section 26-62-402, if a violation is found
526     in an inspection by an enforcing agency or an investigation by a law enforcement agency under
527     Section 77-39-101, the enforcing agency shall:
528          (a) on a first violation at a retail location [is], impose a penalty of [not] no more than
529     $500[.];
530          (b) [The administrative penalty for] on a second violation at the same retail location
531     that occurs within one year of a previous violation [is], impose a penalty of [not] no more than
532     $750[.];
533          (c) [The administrative penalty for] on a third [or subsequent] violation at the same

534     retail location that occurs within two years after two [or more] previous violations, [is] impose:
535          (i) a suspension of the [retail tobacco business] permit for 30 consecutive business days
536     within 60 days after the day on which the third [or subsequent] violation occurs; or
537          (ii) a penalty of [not] no more than $1,000[.]; and
538          [(3) The department or a local health department may:]
539          [(a) revoke a permit if a fourth violation occurs within two years of three previous
540     violations;]
541          [(b) in addition to a monetary penalty imposed under Subsection (2), suspend the
542     permit if the violation is due to a sale of tobacco products to an individual under:]
543          [(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and]
544          [(ii) beginning July 1, 2021, 21 years old; and]
545          [(c) if applicable, recommend to a municipality or county that a retail tobacco specialty
546     business license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.]
547          (d) on a fourth or subsequent violation within two years of three previous violations:
548          (i) impose a penalty of no more than $1,000;
549          (ii) revoke a permit of the retailer; and
550          (iii) if applicable, recommend to a municipality or county that a retail tobacco specialty
551     business license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
552          (3) If a violation is found in an investigation of a general tobacco retailer by a law
553     enforcement agency under Section 77-39-101 for the sale of a tobacco product or an electronic
554     cigarette product to an individual under 21 years old and the violation is committed by the
555     owner of the general tobacco retailer, the enforcing agency shall:
556          (a) on a first violation, impose a fine of no more than $2,000 on the general tobacco
557     retailer; and
558          (b) on the second violation for the same general tobacco retailer within one year of the
559     first violation:
560          (i) impose a fine not exceeding $5,000; and
561          (ii) revoke the permit for the general tobacco retailer.

562          (4) If a violation is found in an investigation of a retail tobacco specialty business by a
563     law enforcement agency under Section 77-39-101 for the sale of a tobacco product or an
564     electronic cigarette product to an individual under 21 years old, the enforcing agency shall
565     apply the provisions of Section 26-62-402.
566          [(4)] (5) (a) Except when a transfer described in Subsection [(5)] (6) occurs, a local
567     health department may not issue a permit to:
568          (i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (2)
569     or (3) or Section 26-62-402; or
570          (ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
571     or other holder of significant interest as another tobacco retailer for whom a permit is
572     suspended or revoked under Subsection (2) or (3) or Section 26-62-402.
573          (b) A person whose permit:
574          (i) is suspended under this section may not apply for a new permit for any other
575     tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends
576     the permit; and
577          (ii) is revoked under this section or Section 26-62-402 may not apply for a new permit
578     for any tobacco retailer for a period of 24 months after the day on which an enforcing agency
579     revokes the permit.
580          [(5)] (6) Violations of this chapter, Section 10-8-41.6, [or] Section 17-50-333, or
581     Section 26-62-402 that occur at a tobacco retailer location shall stay on the record for that
582     tobacco retailer location unless:
583          (a) the tobacco retailer is transferred to a new proprietor; and
584          (b) the new proprietor provides documentation to the local health department that the
585     new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous
586     proprietor.
587          Section 10. Section 26-62-401 is enacted to read:
588     
Part 4. Proof of Age Requirements

589          26-62-401. Verification of proof of age.

590          (1) As used in this section:
591          (a) "Employee" means an employee of a retail tobacco specialty business.
592          (b) "Electronic verification program" means a technology used by a retail tobacco
593     specialty business to confirm proof of age for an individual.
594          (2) A retail tobacco specialty business shall require that an employee verify proof of
595     age as provided in this section.
596          (3) To comply with Subsection (2), an employee shall:
597          (a) request the individual present proof of age; and
598          (b) verify the validity of the proof of age electronically in accordance with Subsection
599     (4).
600          (4) A retail tobacco specialty business shall use an electronic verification program to
601     assist the business in complying with the requirements of this section.
602          (5) (a) A retail tobacco specialty business may not disclose information obtained under
603     this section except as provided under this part.
604          (b) Information obtained under this section:
605          (i) shall be kept for at least 180 days; and
606          (ii) is subject to inspection upon request by a peace officer or the representative of an
607     enforcing agency.
608          (6) (a) If an employee does not verify proof of age under this section, the employee
609     may not permit an individual to:
610          (i) except as provided in Subsection (6)(b), enter a retail tobacco specialty business; or
611          (ii) purchase a tobacco product or an electronic cigarette product.
612          (b) In accordance with Subsection 76-10-105.1(4), an individual who is under 21 years
613     old may be permitted to enter a retail tobacco specialty business if:
614          (i) the individual is accompanied by a parent or legal guardian who provides proof of
615     age; or
616          (ii) the individual is present at the retail tobacco specialty shop for a bona fide
617     commercial purpose other than to purchase a tobacco product or an electronic cigarette product.

618          (7) To determine whether the individual described in Subsection (2) is 21 years old or
619     older, the following may request an individual described in Subsection (2) to present proof of
620     age:
621          (a) an employee;
622          (b) a peace officer; or
623          (c) a representative of an enforcing agency.
624          Section 11. Section 26-62-402 is enacted to read:
625          26-62-402. Penalties.
626          (1) Except as provided in Subsection (2), if a violation of this part is found in an
627     investigation of a retail tobacco specialty business by a law enforcement agency under Section
628     77-39-101, the enforcing agency shall:
629          (a) on a first violation, impose a penalty of no more than $500 on the retail tobacco
630     specialty business;
631          (b) on a second violation for the same retail tobacco specialty business that occurs
632     within one year of a previous violation, impose a penalty of no more than $750;
633          (c) on a third violation for the same retail tobacco specialty business that occurs within
634     two years of the two previous violations, impose:
635          (i) a suspension of the permit for 30 consecutive business days within 60 days after the
636     day on which the third violation occurs; or
637          (ii) a penalty of no more than $1,000; and
638          (d) on a fourth or subsequent violation within two years of the three previous
639     violations:
640          (i) impose a penalty of no more than $1,000;
641          (ii) revoke the permit of the retail tobacco specialty business; and
642          (iii) recommend to a municipality or county that a retail tobacco specialty business
643     license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
644          (2) If a violation of this part is committed by the owner and is found in an investigation
645     of a retail tobacco specialty business by a law enforcement agency under Section 77-39-101,

646     the enforcing agency shall:
647          (a) on a first violation, impose a fine not exceeding $2,000; and
648          (b) on a second violation at the same retail tobacco specialty business within one year
649     of the first violation:
650          (i) impose a fine not exceeding $5,000;
651          (ii) revoke the retail tobacco specialty business's permit; and
652          (iii) recommend to a municipality or county that the retail tobacco specialty license
653     issued under Section 10-8-41.6 or 17-50-333 to the retail tobacco specialty business be
654     suspended or revoked.
655          (3) If multiple violations are found in a single investigation by a law enforcement
656     agency under Section 77-39-101, the enforcing agency shall treat the multiple violations as a
657     single violation.
658          Section 12. Section 51-9-203 (Effective 07/01/20) is amended to read:
659          51-9-203 (Effective 07/01/20). Requirements for tobacco and electronic cigarette
660     programs.
661          (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
662     cessation, or control program, an organization, whether private, governmental, or
663     quasi-governmental, shall:
664          (a) submit a request to the Department of Health containing the following information:
665          (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
666     sound management and periodic evaluation of the campaign's relevance to the intended
667     audience, particularly in campaigns directed toward youth, including audience awareness of the
668     campaign and recollection of the main message;
669          (ii) for school-based education programs to prevent and reduce youth smoking, the
670     request shall describe how the program will be effective in preventing and reducing youth
671     smoking;
672          (iii) for community-based programs to prevent and reduce smoking, the request shall
673     demonstrate that the proposed program:

674          (A) has a comprehensive strategy with a clear mission and goals;
675          (B) provides for committed, caring, and professional leadership; and
676          (C) if directed toward youth:
677          (I) offers youth-centered activities in youth accessible facilities;
678          (II) is culturally sensitive, inclusive, and diverse;
679          (III) involves youth in the planning, delivery, and evaluation of services that affect
680     them; and
681          (IV) offers a positive focus that is inclusive of all youth; and
682          (iv) for enforcement, control, and compliance program, the request shall demonstrate
683     that the proposed program can reasonably be expected to reduce the extent to which [tobacco
684     products] tobacco products and electronic cigarette products, as those terms are defined in
685     Section 76-10-101, are available to individuals under [the following ages: (A) beginning July
686     1, 2020, and ending June 30, 2021, 20 years old; and (B) beginning July 1, 2021,] 21 years
687     old;
688          (b) agree, by contract, to file an annual written report with the Department of Health
689     that contains the following:
690          (i) the amount funded;
691          (ii) the amount expended;
692          (iii) a description of the program or campaign and the number of adults and youth who
693     participated;
694          (iv) specific elements of the program or campaign meeting the applicable criteria set
695     forth in Subsection (1)(a); and
696          (v) a statement concerning the success and effectiveness of the program or campaign;
697          (c) agree, by contract, to not use any funds received under this part directly or
698     indirectly, to:
699          (i) engage in any lobbying or political activity, including the support of, or opposition
700     to, candidates, ballot questions, referenda, or similar activities; or
701          (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to

702     enforce:
703          (A) the provisions of the Master Settlement Agreement;
704          (B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
705          (C) Title 26, Chapter 62, Part 3, Enforcement; and
706          (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
707          (d) agree, by contract, to repay the funds provided under this part if the organization:
708          (i) fails to file a timely report as required by Subsection (1)(b); or
709          (ii) uses any portion of the funds in violation of Subsection (1)(c).
710          (2) The Department of Health shall review and evaluate the success and effectiveness
711     of any program or campaign that receives funding pursuant to a request submitted under
712     Subsection (1). The review and evaluation:
713          (a) shall include a comparison of annual smoking trends;
714          (b) may be conducted by an independent evaluator; and
715          (c) may be paid for by funds appropriated from the account for that purpose.
716          (3) The Department of Health shall annually report to the Social Services
717     Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
718          (4) An organization that fails to comply with the contract requirements set forth in
719     Subsection (1) shall:
720          (a) repay the state as provided in Subsection (1)(d); and
721          (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
722          (5) The attorney general shall be responsible for recovering funds that are required to
723     be repaid to the state under this section.
724          (6) Nothing in this section may be construed as applying to funds that are not
725     appropriated under this part.
726          Section 13. Section 53-3-229 is amended to read:
727          53-3-229. Prohibited uses of license certificate -- Penalty.
728          (1) It is a class C misdemeanor for [a person] an individual to:
729          (a) lend or knowingly permit the use of a license certificate issued to the [person]

730     individual, by [a person] another individual not entitled to [it] the license certificate;
731          (b) display or [to] represent as the [person's] individual's own license certificate a
732     license certificate not issued to the [person] individual;
733          (c) refuse to surrender to the division or a peace officer upon demand any license
734     certificate issued by the division;
735          (d) use a false name or give a false address in any application for a license or any
736     renewal or duplicate of the license certificate, or to knowingly make a false statement, or to
737     knowingly conceal a material fact or otherwise commit a fraud in the application;
738          (e) display a canceled, denied, revoked, suspended, or disqualified driver license
739     certificate as a valid driver license certificate;
740          (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
741     driver license certificate issued by a governmental entity if the item is not an authentic driver
742     license certificate issued by that governmental entity; or
743          (g) alter any information on an authentic driver license certificate so that it no longer
744     represents the information originally displayed.
745          (2) The provisions of Subsection (1)(e) do not prohibit the use of [a person's] an
746     individual's driver license certificate as a means of personal identification.
747          (3) It is a class A misdemeanor to knowingly:
748          (a) issue a driver license certificate with false or fraudulent information;
749          (b) issue a driver license certificate to [a person] an individual who is younger than 21
750     years [of age] old if the driver license certificate is not distinguished as required for [a person]
751     an individual who is younger than 21 years [of age] old under Section 53-3-207; or
752          (c) acquire, use, display, or transfer a false or altered driver license certificate to
753     procure[:] a tobacco product or an electronic cigarette product, as those terms are defined in
754     Section 76-10-101.
755          [(i) a cigarette;]
756          [(ii) an electronic cigarette, as defined in Section 76-10-101;]
757          [(iii) tobacco; or]

758          [(iv) a tobacco product.]
759          (4) [A person] An individual may not use, display, or transfer a false or altered driver
760     license certificate to procure alcoholic beverages, gain admittance to a place where alcoholic
761     beverages are sold or consumed, or obtain employment that may not be obtained by a minor in
762     violation of Section 32B-1-403.
763          (5) It is a third degree felony if [a person's] an individual's acquisition, use, display, or
764     transfer of a false or altered driver license certificate:
765          (a) aids or furthers the [person's] individual's efforts to fraudulently obtain goods or
766     services; or
767          (b) aids or furthers the [person's] individual's efforts to commit a violent felony.
768          Section 14. Section 53-3-810 is amended to read:
769          53-3-810. Prohibited uses of identification card -- Penalties.
770          (1) It is a class C misdemeanor to:
771          (a) lend or knowingly permit the use of an identification card issued to the [person]
772     individual, by [a person] an individual not entitled to [it] the identification card;
773          (b) display or to represent as the [person's] individual's own identification card an
774     identification card not issued to the [person] individual;
775          (c) refuse to surrender to the division or a peace officer upon demand any identification
776     card issued by the division;
777          (d) use a false name or give a false address in any application for an identification card
778     or any renewal or duplicate of the identification card, or to knowingly make a false statement,
779     or to knowingly conceal a material fact in the application;
780          (e) display a revoked identification card as a valid identification card;
781          (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
782     identification card issued by a governmental entity if the item is not an authentic identification
783     card issued by that governmental entity; or
784          (g) alter any information contained on an authentic identification card so that it no
785     longer represents the information originally displayed.

786          (2) It is a class A misdemeanor to knowingly:
787          (a) issue an identification card with false or fraudulent information;
788          (b) issue an identification card to [any person] an individual who is younger than 21
789     years [of age] old if the identification card is not distinguished as required for [a person] an
790     individual who is younger than 21 years [of age] old under Section 53-3-806; or
791          (c) acquire, use, display, or transfer a false or altered identification card to procure[:] a
792     tobacco product or an electronic cigarette product, as those terms are defined in Section
793     76-10-101.
794          [(i) a cigarette;]
795          [(ii) an electronic cigarette, as defined in Section 76-10-101;]
796          [(iii) tobacco; or]
797          [(iv) a tobacco product.]
798          (3) [A person] An individual may not knowingly use, display, or transfer a false or
799     altered identification card to procure alcoholic beverages, gain admittance to a place where
800     alcoholic beverages are sold or consumed, or obtain employment that may not be obtained by a
801     minor in violation of Section 32B-1-403.
802          (4) It is a third degree felony if [a person's] an individual's acquisition, use, display, or
803     transfer of a false or altered identification card:
804          (a) aids or furthers the [person's] individual's efforts to fraudulently obtain goods or
805     services; or
806          (b) aids or furthers the [person's] individual's efforts to commit a violent felony.
807          Section 15. Section 53G-8-209 is amended to read:
808          53G-8-209. Extracurricular activities -- Prohibited conduct -- Reporting of
809     violations -- Limitation of liability.
810          (1) The Legislature recognizes that:
811          (a) participation in student government and extracurricular activities may confer
812     important educational and lifetime benefits upon students, and encourages school districts and
813     charter schools to provide a variety of opportunities for all students to participate in such

814     activities in meaningful ways;
815          (b) there is no constitutional right to participate in these types of activities, and does
816     not through this section or any other provision of law create such a right;
817          (c) students who participate in student government and extracurricular activities,
818     particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
819     those activities, become role models for others in the school and community;
820          (d) these individuals often play major roles in establishing standards of acceptable
821     behavior in the school and community, and establishing and maintaining the reputation of the
822     school and the level of community confidence and support afforded the school; and
823          (e) it is of the utmost importance that those involved in student government, whether as
824     officers or advisors, and those involved in competitive athletics and related activities, whether
825     students or staff, comply with all applicable laws and standards of behavior and conduct
826     themselves at all times in a manner befitting their positions and responsibilities.
827          (2) (a) The state board may, and local school boards and charter school governing
828     boards shall, adopt rules or policies implementing this section that apply to both students and
829     staff.
830          (b) The rules or policies described in Subsection (2)(a) shall include prohibitions
831     against the following types of conduct in accordance with Section 53G-8-211, while in the
832     classroom, on school property, during school sponsored activities, or regardless of the location
833     or circumstance, affecting a person or property described in Subsections 53G-8-203(1)(e)(i)
834     through (iv):
835          (i) the use of foul, abusive, or profane language while engaged in school related
836     activities;
837          (ii) the illicit use, possession, or distribution of:
838          (A) a controlled [substances] substance or drug paraphernalia[, and the use, possession,
839     or distribution of an electronic cigarette as defined in Section 76-10-101, tobacco, or alcoholic
840     beverages contrary to law; and];
841          (B) a tobacco product or an electronic cigarette product, as those terms are defined in

842     Section 76-10-101; or
843          (C) an alcoholic beverage;
844          (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
845     behavior involving physical violence, restraint, improper touching, or inappropriate exposure
846     of body parts not normally exposed in public settings, forced ingestion of any substance, or any
847     act which would constitute a crime against a person or public order under Utah law.
848          (3) (a) School employees who reasonably believe that a violation of this section may
849     have occurred shall immediately report that belief to the school principal, district
850     superintendent, or chief administrative officer of a charter school.
851          (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
852     alleged incident, and actions taken in response, to the district superintendent or the
853     superintendent's designee within 10 working days after receipt of the report.
854          (c) Failure of a person holding a professional certificate to report as required under this
855     Subsection (3) constitutes an unprofessional practice.
856          (4) Limitations of liability set forth under Section 53G-8-405 apply to this section.
857          Section 16. Section 59-14-703 (Effective 07/01/20) is amended to read:
858          59-14-703 (Effective 07/01/20). Certification of cigarette rolling machine
859     operators -- Renewal of certification -- Requirements for certification or renewal of
860     certification -- Denial.
861          (1) A cigarette rolling machine operator may not perform the following without first
862     obtaining certification from the commission as provided in this part:
863          (a) locate a cigarette rolling machine within this state;
864          (b) make or offer to make a cigarette rolling machine available for use within this state;
865     or
866          (c) offer a cigarette for sale within this state if the cigarette is produced by:
867          (i) the cigarette rolling machine operator; or
868          (ii) another person at the location of the cigarette rolling machine operator's cigarette
869     rolling machine.

870          (2) A cigarette rolling machine operator shall renew its certification as provided in this
871     section.
872          (3) The commission shall prescribe a form for certifying a cigarette rolling machine
873     operator under this part.
874          (4) (a) A cigarette rolling machine operator shall apply to the commission for
875     certification before the cigarette rolling machine operator performs an act described in
876     Subsection (1) within the state for the first time.
877          (b) A cigarette rolling machine operator shall apply to the commission for a renewal of
878     certification on or before the earlier of:
879          (i) December 31 of each year; or
880          (ii) the day on which there is a change in any of the information the cigarette rolling
881     machine operator provides on the form described in Subsection (3).
882          (5) To obtain certification or renewal of certification under this section from the
883     commission, a cigarette rolling machine operator shall:
884          (a) identify:
885          (i) the cigarette rolling machine operator's name and address;
886          (ii) the location, make, and brand of the cigarette rolling machine operator's cigarette
887     rolling machine; and
888          (iii) each person from whom the cigarette rolling machine operator will purchase or be
889     provided tobacco products that the cigarette rolling machine operator will use to produce
890     cigarettes; and
891          (b) certify, under penalty of perjury, that:
892          (i) the tobacco to be used in the cigarette rolling machine operator's cigarette rolling
893     machine, regardless of the tobacco's label or description, shall be only of a:
894          (A) brand family listed on the commission's directory listing required by Section
895     59-14-603; and
896          (B) tobacco product manufacturer listed on the commission's directory listing required
897     by Section 59-14-603;

898          (ii) the cigarette rolling machine operator shall prohibit another person who uses the
899     cigarette rolling machine operator's cigarette rolling machine from using tobacco, a wrapper, or
900     a cover except for tobacco, a wrapper, or a cover purchased by or provided to the cigarette
901     rolling machine operator from a person identified in accordance with Subsection (5)(a)(iii);
902          (iii) the cigarette rolling machine operator holds a current license issued in accordance
903     with this chapter;
904          (iv) the cigarettes produced from the cigarette rolling machine shall comply with Title
905     53, Chapter 7, Part 4, The Reduced Cigarette Ignition Propensity and Firefighter Protection
906     Act;
907          (v) the cigarette rolling machine shall be located in a separate and defined area where
908     the cigarette rolling machine operator ensures that an individual younger than [the age specified
909     in Subsection (6)] 21 years old may not be:
910          (A) present at any time; or
911          (B) permitted to enter at any time; and
912          (vi) the cigarette rolling machine operator may not barter, distribute, exchange, offer,
913     or sell cigarettes produced from a cigarette rolling machine in a quantity of less than 20
914     cigarettes per retail transaction.
915          [(6) For purposes of Subsection (5), an individual is younger than:]
916          [(a) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and]
917          [(b) beginning July 1, 2021, 21 years old.]
918          [(7)] (6) If the commission determines that a cigarette rolling machine operator meets
919     the requirements for certification or renewal of certification under this section, the commission
920     shall grant the certification or renewal of certification.
921          [(8)] (7) If the commission determines that a cigarette rolling machine operator does
922     not meet the requirements for certification or renewal of certification under this section, the
923     commission shall:
924          (a) deny the certification or renewal of certification; and
925          (b) provide the cigarette rolling machine operator the grounds for denial of the

926     certification or renewal of certification in writing.
927          Section 17. Section 63I-1-210 is amended to read:
928          63I-1-210. Repeal dates, Title 10.
929          (1) Subsection 10-8-41.6(7), the language that states "December 31, 2018" is repealed
930     July 1, 2022, and replaced with "December 31, 2015".
931          (2) Section 10-9a-526 is repealed December 31, 2020.
932          Section 18. Section 63I-1-217 is amended to read:
933          63I-1-217. Repeal dates, Title 17.
934          (1) Subsection 17-16-21(2)(d) is repealed July 1, 2023.
935          (2) Subsection 17-50-333(7), the language that states "December 31, 2018" is repealed
936     July 1, 2022, and replaced with "December 31, 2015".
937          Section 19. Section 76-8-311.3 is amended to read:
938          76-8-311.3. Items prohibited in correctional and mental health facilities --
939     Penalties.
940          (1) As used in this section:
941          (a) "Contraband" means any item not specifically prohibited for possession by
942     offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
943          (b) "Controlled substance" means any substance defined as a controlled substance
944     under Title 58, Chapter 37, Utah Controlled Substances Act.
945          (c) "Correctional facility" means:
946          (i) any facility operated by or contracting with the Department of Corrections to house
947     offenders in either a secure or nonsecure setting;
948          (ii) any facility operated by a municipality or a county to house or detain criminal
949     offenders;
950          (iii) any juvenile detention facility; and
951          (iv) any building or grounds appurtenant to the facility or lands granted to the state,
952     municipality, or county for use as a correctional facility.
953          (d) "Electronic cigarette[" is as] product" means the same as that term is defined in

954     Section 76-10-101.
955          (e) "Medicine" means any prescription drug as defined in Title 58, Chapter 17b,
956     Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,
957     Chapter 37, Utah Controlled Substances Act.
958          (f) "Mental health facility" is as defined in Section 62A-15-602.
959          (g) "Offender" means a person in custody at a correctional facility.
960          (h) "Secure area" is as defined in Section 76-8-311.1.
961          (i) "Tobacco product" means the same as that term is defined in Section 76-10-101.
962          (2) Notwithstanding Section 76-10-500, a correctional or mental health facility may
963     provide by rule that no firearm, ammunition, dangerous weapon, implement of escape,
964     explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any
965     quantity may be:
966          (a) transported to or upon a correctional or mental health facility;
967          (b) sold or given away at any correctional or mental health facility;
968          (c) given to or used by any offender at a correctional or mental health facility; or
969          (d) knowingly or intentionally possessed at a correctional or mental health facility.
970          (3) It is a defense to any prosecution under this section if the accused in committing the
971     act made criminal by this section with respect to:
972          (a) a correctional facility operated by the Department of Corrections, acted in
973     conformity with departmental rule or policy;
974          (b) a correctional facility operated by a municipality, acted in conformity with the
975     policy of the municipality;
976          (c) a correctional facility operated by a county, acted in conformity with the policy of
977     the county; or
978          (d) a mental health facility, acted in conformity with the policy of the mental health
979     facility.
980          (4) (a) [Any person] An individual who transports to or upon a correctional facility, or
981     into a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or

982     implement of escape with intent to provide or sell it to any offender, is guilty of a second
983     degree felony.
984          (b) [Any person] An individual who provides or sells to any offender at a correctional
985     facility, or any detainee at a secure area of a mental health facility, any firearm, ammunition,
986     dangerous weapon, or implement of escape is guilty of a second degree felony.
987          (c) [Any] An offender who possesses at a correctional facility, or [any] a detainee who
988     possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous
989     weapon, or implement of escape is guilty of a second degree felony.
990          (d) [Any person] An individual who, without the permission of the authority operating
991     the correctional facility or the secure area of a mental health facility, knowingly possesses at a
992     correctional facility or a secure area of a mental health facility any firearm, ammunition,
993     dangerous weapon, or implement of escape is guilty of a third degree felony.
994          (e) [Any person] An individual violates Section 76-10-306 who knowingly or
995     intentionally transports, possesses, distributes, or sells any explosive in a correctional facility or
996     mental health facility.
997          (5) (a) [A person] An individual is guilty of a third degree felony who, without the
998     permission of the authority operating the correctional facility or secure area of a mental health
999     facility, knowingly transports to or upon a correctional facility or into a secure area of a mental
1000     health facility any:
1001          (i) spirituous or fermented liquor;
1002          (ii) medicine, whether or not lawfully prescribed for the offender; or
1003          (iii) poison in any quantity.
1004          (b) [A person] An individual is guilty of a third degree felony who knowingly violates
1005     correctional or mental health facility policy or rule by providing or selling to any offender at a
1006     correctional facility or detainee within a secure area of a mental health facility any:
1007          (i) spirituous or fermented liquor;
1008          (ii) medicine, whether or not lawfully prescribed for the offender; or
1009          (iii) poison in any quantity.

1010          (c) An inmate is guilty of a third degree felony who, in violation of correctional or
1011     mental health facility policy or rule, possesses at a correctional facility or in a secure area of a
1012     mental health facility any:
1013          (i) spirituous or fermented liquor;
1014          (ii) medicine, other than medicine provided by the facility's health care providers in
1015     compliance with facility policy; or
1016          (iii) poison in any quantity.
1017          (d) [A person] An individual is guilty of a class A misdemeanor who, with the intent to
1018     directly or indirectly provide or sell any tobacco product or electronic cigarette product to an
1019     offender, directly or indirectly:
1020          (i) transports, delivers, or distributes any tobacco product or electronic cigarette
1021     product to an offender or on the grounds of any correctional facility;
1022          (ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
1023     person to transport any tobacco product or electronic cigarette product to an offender or on any
1024     correctional facility, if the person is acting with the mental state required for the commission of
1025     an offense; or
1026          (iii) facilitates, arranges, or causes the transport of any tobacco product or electronic
1027     cigarette product in violation of this section to an offender or on the grounds of any
1028     correctional facility.
1029          (e) [A person] An individual is guilty of a class A misdemeanor who, without the
1030     permission of the authority operating the correctional or mental health facility, fails to declare
1031     or knowingly possesses at a correctional facility or in a secure area of a mental health facility
1032     any:
1033          (i) spirituous or fermented liquor;
1034          (ii) medicine; or
1035          (iii) poison in any quantity.
1036          (f) [A person] An individual is guilty of a class B misdemeanor who, without the
1037     permission of the authority operating the correctional facility, knowingly engages in any

1038     activity that would facilitate the possession of any contraband by an offender in a correctional
1039     facility. The provisions of Subsection (5)(d) regarding any tobacco product or electronic
1040     cigarette product take precedence over this Subsection (5)(f).
1041          (g) Exemptions may be granted for worship for Native American inmates pursuant to
1042     Section 64-13-40.
1043          (6) The possession, distribution, or use of a controlled substance at a correctional
1044     facility or in a secure area of a mental health facility shall be prosecuted in accordance with
1045     Title 58, Chapter 37, Utah Controlled Substances Act.
1046          (7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative
1047     Rulemaking Act, to establish guidelines for providing written notice to visitors that providing
1048     any tobacco product or electronic cigarette product to offenders is a class A misdemeanor.
1049          Section 20. Section 76-10-101 is amended to read:
1050          76-10-101. Definitions.
1051          As used in this part:
1052          (1) "Cigar" means a product that contains nicotine, is intended to be burned under
1053     ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in
1054     any substance containing tobacco, other than any roll of tobacco that is a cigarette as described
1055     in Subsection (2).
1056          (2) "Cigarette" means a product that contains nicotine, is intended to be burned under
1057     ordinary conditions of use, and consists of:
1058          (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
1059          (b) any roll of tobacco wrapped in any substance containing tobacco which, because of
1060     its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to
1061     be offered to, or purchased by, consumers as a cigarette described in Subsection (2)(a).
1062          [(3) "Electronic cigarette" means an electronic cigarette product, as defined in Section
1063     59-14-802.]
1064          (3) (a) "Electronic cigarette" means:
1065          (i) any electronic oral device:

1066          (A) that provides an aerosol or a vapor of nicotine or other substance; and
1067          (B) which simulates smoking through the use or inhalation of the device;
1068          (ii) a component of the device described in Subsection (3)(a)(i); and
1069          (iii) an accessory sold in the same package as the device described in Subsection
1070     (3)(a)(i).
1071          (b) "Electronic cigarette" includes an oral device that is:
1072          (i) composed of a heating element, battery, or electronic circuit; and
1073          (ii) marketed, manufactured, distributed, or sold as:
1074          (A) an e-cigarette;
1075          (B) an e-cigar;
1076          (C) an e-pipe; or
1077          (D) any other product name or descriptor, if the function of the product meets the
1078     definition of Subsection (3)(a).
1079          (4) "Electronic cigarette product" means an electronic cigarette, an electronic cigarette
1080     substance, or a prefilled electronic cigarette.
1081          (5) "Electronic cigarette substance" means any substance, including liquid containing
1082     nicotine, used or intended for use in an electronic cigarette.
1083          (6) (a) "Flavored electronic cigarette product" means an electronic cigarette product
1084     that has a taste or smell that is distinguishable by an ordinary consumer either before or during
1085     use or consumption of the electronic cigarette product.
1086          (b) "Flavored electronic cigarette product" includes an electronic cigarette product that
1087     has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
1088     beverage, herb, or spice.
1089          (c) "Flavored electronic cigarette product" does not include an electronic cigarette
1090     product that:
1091          (i) has a taste or smell of only tobacco, mint, or menthol; or
1092          (ii) has been approved by an order granting a premarket tobacco product application of
1093     the electronic cigarette product by the United States Food and Drug Administration under 21

1094     U.S.C. Sec. 387j(c)(1)(A)(i).
1095          [(4)] (7) "Place of business" includes:
1096          (a) a shop;
1097          (b) a store;
1098          (c) a factory;
1099          (d) a public garage;
1100          (e) an office;
1101          (f) a theater;
1102          (g) a recreation hall;
1103          (h) a dance hall;
1104          (i) a poolroom;
1105          (j) a café;
1106          (k) a cafeteria;
1107          (l) a cabaret;
1108          (m) a restaurant;
1109          (n) a hotel;
1110          (o) a lodging house;
1111          (p) a streetcar;
1112          (q) a bus;
1113          (r) an interurban or railway passenger coach;
1114          (s) a waiting room; and
1115          (t) any other place of business.
1116          (8) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled
1117     with an electronic cigarette substance.
1118          (9) "Retail tobacco specialty business" means the same as that term is defined in
1119     Section 26-62-102.
1120          [(5)] (10) "Smoking" means the possession of any lighted cigar, cigarette, pipe, or other
1121     lighted smoking equipment.

1122          (11) (a) "Tobacco paraphernalia" means equipment, product, or material of any kind
1123     that is used, intended for use, or designed for use to package, repackage, store, contain,
1124     conceal, ingest, inhale, or otherwise introduce a tobacco product or an electronic cigarette
1125     substance into the human body.
1126          (b) "Tobacco paraphernalia" includes:
1127          (i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
1128     screens, permanent screens, hashish heads, or punctured metal bowls;
1129          (ii) water pipes;
1130          (iii) carburetion tubes and devices;
1131          (iv) smoking and carburetion masks;
1132          (v) roach clips, meaning objects used to hold burning material, such as a cigarette, that
1133     has become too small or too short to be held in the hand;
1134          (vi) chamber pipes;
1135          (vii) carburetor pipes;
1136          (viii) electric pipes;
1137          (ix) air-driven pipes;
1138          (x) chillums;
1139          (xi) bongs; and
1140          (xii) ice pipes or chillers.
1141          (c) "Tobacco paraphernalia" does not include matches or lighters.
1142          (12) "Tobacco product" means:
1143          (a) a cigar;
1144          (b) a cigarette; and
1145          (c) tobacco in any form, including:
1146          (i) chewing tobacco; and
1147          (ii) any substitute for tobacco, including flavoring or additives to tobacco.
1148          (13) "Tobacco retailer" means:
1149          (a) a general tobacco retailer, as that term is defined in Section 26-62-102; and

1150          (b) a retail tobacco specialty business.
1151          Section 21. Section 76-10-103 (Effective 07/01/20) is amended to read:
1152          76-10-103 (Effective 07/01/20). Permitting minors to use a tobacco product or an
1153     electronic cigarette product in place of business.
1154          It is a class C misdemeanor for the proprietor of any place of business to knowingly
1155     permit an individual under [the following ages] 21 years old to frequent a place of business
1156     while the individual is using [tobacco:] a tobacco product or an electronic cigarette product.
1157          [(1) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and]
1158          [(2) beginning July 1, 2021, under 21 years old.]
1159          Section 22. Section 76-10-104 (Effective 07/01/20) is amended to read:
1160          76-10-104 (Effective 07/01/20). Providing a tobacco product or electronic
1161     cigarette product to a minor -- Penalties.
1162          [(1) A person violates this section who knowingly, intentionally, recklessly, or with
1163     criminal negligence provides a cigar, cigarette, electronic cigarette, or tobacco in any form, to
1164     an individual under the following ages, is guilty of a class C misdemeanor on the first offense,
1165     a class B misdemeanor on the second offense, and a class A misdemeanor on subsequent
1166     offenses:]
1167          [(a) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and]
1168          [(b) beginning July 1, 2021, 21 years old.]
1169          [(2)] (1) As used in this section, "provides":
1170          (a) includes selling, giving, furnishing, sending, or causing to be sent; and
1171          (b) does not include the acts of the United States Postal Service or other common
1172     carrier when engaged in the business of transporting and delivering packages for others or the
1173     acts of a person, whether compensated or not, who transports or delivers a package for another
1174     person without any reason to know of the package's content.
1175          (2) An individual who knowingly, intentionally, recklessly, or with criminal negligence
1176     provides a tobacco product or an electronic cigarette product to an individual who is under 21
1177     years old, is guilty of:

1178          (a) a class C misdemeanor on the first offense;
1179          (b) a class B misdemeanor on the second offense; and
1180          (c) a class A misdemeanor on any subsequent offense.
1181          (3) This section does not apply to conduct of an employee of a tobacco retailer that is a
1182     violation of Section 76-10-114.
1183          Section 23. Section 76-10-104.1 (Effective 07/01/20) is amended to read:
1184          76-10-104.1 (Effective 07/01/20). Providing tobacco paraphernalia to a minor --
1185     Penalties.
1186          (1) [For purposes of this section: (a) "Provides"] As used in this section, "provides":
1187          [(i)] (a) includes selling, giving, furnishing, sending, or causing to be sent; and
1188          [(ii)] (b) does not include the acts of the United States Postal Service or other common
1189     carrier when engaged in the business of transporting and delivering packages for others or the
1190     acts of a person, whether compensated or not, who transports or delivers a package for another
1191     person without any reason to know of the package's content.
1192          [(b) "Tobacco paraphernalia":]
1193          [(i) means equipment, product, or material of any kind that is used, intended for use, or
1194     designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise
1195     introduce a cigar, cigarette, or tobacco in any form into the human body, including:]
1196          [(A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
1197     screens, permanent screens, hashish heads, or punctured metal bowls;]
1198          [(B) water pipes;]
1199          [(C) carburetion tubes and devices;]
1200          [(D) smoking and carburetion masks;]
1201          [(E) roach clips, meaning objects used to hold burning material, such as a cigarette,
1202     that has become too small or too short to be held in the hand;]
1203          [(F) chamber pipes;]
1204          [(G) carburetor pipes;]
1205          [(H) electric pipes;]

1206          [(I) air-driven pipes;]
1207          [(J) chillums;]
1208          [(K) bongs; and]
1209          [(L) ice pipes or chillers; and]
1210          [(ii) does not include matches or lighters.]
1211          (2) (a) It is unlawful for [a person] an individual to knowingly, intentionally,
1212     recklessly, or with criminal negligence provide tobacco paraphernalia to an individual under[:
1213     (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and (ii) beginning July 1,
1214     2021,] 21 years old.
1215          (b) [A person] An individual who violates this section is guilty of:
1216          (i) a class C misdemeanor on the first offense; and
1217          (ii) a class B misdemeanor on any subsequent [offenses] offense.
1218          Section 24. Section 76-10-105 (Effective 07/01/20) is amended to read:
1219          76-10-105 (Effective 07/01/20). Buying or possessing a tobacco product or an
1220     electronic cigarette product by a minor -- Penalty -- Compliance officer authority --
1221     Juvenile court jurisdiction.
1222          (1) [(a)] An individual who is 18 years old or older, but younger than [the age specified
1223     in Subsection (1)(b)] 21 years old, and who buys or attempts to buy, accepts, or has in the
1224     individual's possession [any cigar, cigarette, electronic cigarette, or tobacco in any form] a
1225     tobacco product or an electronic cigarette product is:
1226          (a) guilty of an infraction; and
1227          (b) subject to:
1228          (i) a minimum fine or penalty of $60; and
1229          (ii) participation in a court-approved tobacco education or cessation program, which
1230     may include a participation fee.
1231          [(b) For purposes of Subsection (1)(a), the individual is younger than:]
1232          [(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and]
1233          [(ii) beginning July 1, 2021, 21 years old.]

1234          (2) (a) An individual who is under [the age of] 18 years old and who buys or attempts
1235     to buy, accepts, or has in the individual's possession [any cigar, cigarette, electronic cigarette,
1236     or tobacco in any form] a tobacco product or an electronic cigarette product is subject to the
1237     jurisdiction of the juvenile court and subject to Section 78A-6-602, unless the violation is
1238     committed on school property.
1239          (b) If a violation under this section is adjudicated under Section 78A-6-117, the minor
1240     may be subject to the following:
1241          [(a)] (i) a fine or penalty, in accordance with Section 78A-6-117; and
1242          [(b)] (ii) participation in a court-approved tobacco education program, which may
1243     include a participation fee.
1244          (3) (a) A compliance officer appointed by a board of education under Section
1245     53G-4-402 may not issue a citation for a violation of this section committed on school
1246     property.
1247          (b) A cited violation committed on school property shall be addressed in accordance
1248     with Section 53G-8-211.
1249          [(4) (a) This section does not apply to the purchase or possession of a cigar, cigarette,
1250     electronic cigarette, tobacco, or tobacco paraphernalia by an individual who is 18 years or older
1251     and is:]
1252          [(i) on active duty in the United States Armed Forces; or]
1253          [(ii) a spouse or dependent of an individual who is on active duty in the United States
1254     Armed Forces.]
1255          [(b) A valid, government-issued military identification card is required to verify proof
1256     of age under Subsection (4)(a).]
1257          Section 25. Section 76-10-105.1 (Effective 07/01/20) is amended to read:
1258          76-10-105.1 (Effective 07/01/20). Requirement of direct, face-to-face sale of
1259     tobacco products and electronic cigarette products -- Minors not allowed in retail tobacco
1260     specialty business -- Penalties.
1261          (1) As used in this section:

1262          [(a) "Cigarette" means the same as that term is defined in Section 59-14-102.]
1263          [(b)] (a) (i) "Face-to-face exchange" means a transaction made in person between an
1264     individual and a retailer or retailer's employee.
1265          (ii) "Face-to-face exchange" does not include a sale through a:
1266          (A) vending machine; or
1267          (B) self-service display.
1268          [(c)] (b) "Retailer" means a person who:
1269          (i) sells a [cigarette, tobacco,] tobacco product or an electronic cigarette product to an
1270     individual for personal consumption; or
1271          (ii) operates a facility with a vending machine that sells a [cigarette, tobacco,] tobacco
1272     product or an electronic cigarette product.
1273          [(d)] (c) "Self-service display" means a display of a [cigarette, tobacco,] tobacco
1274     product or an electronic cigarette product to which the public has access without the
1275     intervention of a retailer or retailer's employee.
1276          [(e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.]
1277          [(f) "Tobacco specialty shop" means a "retail tobacco specialty business" as that term is
1278     defined:]
1279          [(i) as it relates to a municipality, in Section 10-8-41.6; and]
1280          [(ii) as it relates to a county, in Section 17-50-333.]
1281          (2) Except as provided in Subsection (3), a retailer may sell a [cigarette, tobacco,]
1282     tobacco product or an electronic cigarette product only in a face-to-face exchange.
1283          (3) The face-to-face sale requirement in Subsection (2) does not apply to:
1284          (a) a mail-order, telephone, or Internet sale made in compliance with Section
1285     59-14-509;
1286          (b) a sale from a vending machine or self-service display that is located in an area of a
1287     retailer's facility:
1288          (i) that is distinct and separate from the rest of the facility; and
1289          (ii) where the retailer only allows an individual who complies with Subsection (4) to be

1290     present; or
1291          (c) a sale at a retail tobacco specialty [shop] business.
1292          (4) [(a)] An individual who [is less than the age specified in Subsection (4)(b)] is under
1293     21 years old may not enter or be present at a [tobacco specialty shop] retail tobacco specialty
1294     business unless the individual is:
1295          [(i)] (a) accompanied by a parent or legal guardian;
1296          [(ii)] (b) present at the [tobacco shop] retail tobacco specialty business for a bona fide
1297     commercial purpose other than to purchase a [cigarette, tobacco,] tobacco product or an
1298     electronic cigarette[; or] product.
1299          [(iii) 18 years old or older and an active duty member of the United States Armed
1300     Forces, as demonstrated by a valid, government-issued military identification card.]
1301          [(b) For purposes of Subsection (4)(a), the individual is younger than:]
1302          [(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and]
1303          [(ii) beginning July 1, 2021, 21 years old.]
1304          (5) A parent or legal guardian who accompanies, under Subsection (4)(a)[(i)], an
1305     individual into an area described in Subsection (3)(b)[,] or into a [tobacco specialty shop] retail
1306     tobacco specialty business, may not allow the individual to purchase a [cigarette, tobacco,]
1307     tobacco product or an electronic cigarette product.
1308          (6) A violation of Subsection (2) or (4) is a:
1309          (a) class C misdemeanor on the first offense;
1310          (b) class B misdemeanor on the second offense; and
1311          (c) class A misdemeanor on [the third and all] any subsequent offenses.
1312          (7) An individual who violates Subsection (5) is guilty of [providing tobacco to a
1313     minor] an offense under Section 76-10-104.
1314          [(8) (a) An ordinance, regulation, or rule adopted by the governing body of a political
1315     subdivision of the state or by a state agency that affects the sale, minimum age of sale,
1316     placement, or display of cigarettes, tobacco, or electronic cigarettes that is not essentially
1317     identical to this section and Section 76-10-102 is superseded.]

1318          [(b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
1319     ordinance by a municipal or county government.]
1320          Section 26. Section 76-10-111 is amended to read:
1321          76-10-111. Prohibition of gift or free distribution of smokeless tobacco or
1322     electronic cigarettes products -- Exceptions.
1323          (1) The Legislature finds that:
1324          (a) smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who
1325     use [those products] smokeless tobacco because research indicates that [they] smokeless
1326     tobacco may cause mouth or oral cancers;
1327          (b) the use of smokeless tobacco among juveniles in this state is increasing rapidly;
1328          (c) the use of electronic [cigarettes] cigarette products may lead to unhealthy behavior
1329     such as the use of tobacco products; and
1330          (d) it is necessary to restrict the gift of the products described in this Subsection (1) in
1331     the interest of the health of the citizens of this state.
1332          (2) (a) Except as provided in Subsection (3), it is unlawful for a manufacturer,
1333     wholesaler, and retailer to:
1334          (i) give or distribute without charge any smokeless tobacco, chewing tobacco, or an
1335     electronic cigarette product in this state[.];
1336          (ii) except as provided in Subsection (2)(b), sell, offer for sale, or furnish an electronic
1337     cigarette product at less than the cost of the product to the manufacturer, wholesaler, or retailer;
1338     or
1339          (iii) give, distribute, sell, offer for sale, or furnish an electronic cigarette product for
1340     free or at a lower price because the purchaser makes another purchase.
1341          (b) The price that a manufacturer, wholesaler, or retailer may charge under Subsection
1342     (2)(a)(ii) does not include a discount for:
1343          (i) a physical manufacturer coupon:
1344          (A) that is surrendered to the retailer at the time of sale; and
1345          (B) for which the manufacturer will reimburse the wholesaler or retailer for the full

1346     amount of the discount described in the manufacturer coupon and provided to the purchaser;
1347          (ii) a rebate that will be paid to the manufacturer, wholesaler, or retailer for the full
1348     amount of the rebate provided to the purchaser; or
1349          (iii) a promotional fund that will be paid to the manufacturer, wholesaler, or retailer for
1350     the full amount of the promotional fund to the purchaser.
1351          (3) [Any person] An individual who violates this section is guilty of:
1352          (a) a class C misdemeanor for the first offense[,]; and [is guilty of]
1353          (b) a class B misdemeanor for any subsequent offense.
1354          [(3)] (4) (a) Smokeless tobacco, chewing tobacco, or an electronic cigarette product
1355     may be distributed to [adults] an adult without charge at a professional [conventions]
1356     convention where the general public is excluded.
1357          [(b) Subsection (2) does not apply to a retailer, manufacturer, or distributor who gives
1358     smokeless tobacco, chewing tobacco, or an electronic cigarette to a person of legal age upon
1359     the person's purchase of another tobacco product or electronic cigarette.]
1360          Section 27. Section 76-10-112 is amended to read:
1361          76-10-112. Prohibition of distribution of a tobacco product -- Exceptions.
1362          (1) Except as provided in Subsection [(2)] (3), it is unlawful for a manufacturer,
1363     wholesaler, or retailer to give or distribute [cigarettes or other tobacco products] a tobacco
1364     product in this state without charge.
1365          (2) [Any person] An individual who violates this subsection is guilty of:
1366          (a) a class C misdemeanor for the first offense; and
1367          (b) a class B misdemeanor for any subsequent offense.
1368          [(2) Cigarettes and other tobacco products]
1369          (3) A tobacco product may be distributed to [adults] an adult without charge at a
1370     professional [conventions] convention where the general public is excluded.
1371          [(3)] (4) The prohibition described in Subsection (1) does not apply to [retailers,
1372     manufacturers, or distributors who give cigarettes or other tobacco products to persons of legal
1373     age upon their purchase of cigarettes or other tobacco products] a tobacco retailer, a

1374     manufacturer, or a distributor that gives a tobacco product to an individual who is 21 years old
1375     or older upon the individual's purchase of a tobacco product.
1376          Section 28. Section 76-10-113 is enacted to read:
1377          76-10-113. Prohibition on distribution of flavored electronic cigarette products.
1378          (1) It is unlawful for a tobacco retailer that is not a retail tobacco specialty business to
1379     give, distribute, sell, offer for sale, or furnish a flavored electronic cigarette product to any
1380     person.
1381          (2) An individual who violates this section is guilty of:
1382          (a) a class C misdemeanor for the first offense; and
1383          (b) a class B misdemeanor for any subsequent offense.
1384          Section 29. Section 76-10-114 is enacted to read:
1385          76-10-114. Unlawful sale of a tobacco product or electronic cigarette product.
1386          (1) As used in this section:
1387          (a) "Compensatory service" means service or unpaid work performed by an employee,
1388     in lieu of the payment of a fine or imprisonment.
1389          (b) "Employee" means an employee or an owner of a tobacco retailer.
1390          (2) It is unlawful for an employee to knowingly or intentionally sell or give a tobacco
1391     product or an electronic cigarette product in the course of business to an individual who is
1392     under 21 years old.
1393          (3) An employee who violates this section is:
1394          (a) on a first violation:
1395          (i) guilty of an infraction; and
1396          (ii) subject to:
1397          (A) a fine not exceeding $1,000; or
1398          (B) compensatory service;
1399          (b) on any subsequent violation:
1400          (i) guilty of a class C misdemeanor; and
1401          (ii) subject to:

1402          (A) a fine not exceeding $2,000; or
1403          (B) compensatory service.
1404          Section 30. Section 76-10-115 is enacted to read:
1405          76-10-115. Unlawful transfer or use of proof of age.
1406          (1) As used in this section:
1407          (a) "Proof of age" means:
1408          (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
1409     Card Act;
1410          (ii) a valid identification that:
1411          (A) is substantially similar to an identification card issued under Title 53, Chapter 3,
1412     Part 8, Identification Card Act;
1413          (B) is issued in accordance with the laws of a state other than Utah in which the
1414     identification is issued;
1415          (C) includes date of birth; and
1416          (D) has a picture affixed;
1417          (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
1418     Driver License Act, or in accordance with the laws of the state in which the valid driver license
1419     is issued;
1420          (iv) a valid United States military identification card that:
1421          (A) includes date of birth; and
1422          (B) has a picture affixed; or
1423          (v) a valid passport.
1424          (b) "Proof of age" does not include a driving privilege card issued in accordance with
1425     Section 53-3-207.
1426          (2) An individual who knowingly and intentionally transfers that individual's proof of
1427     age to another individual to aid that individual in purchasing a tobacco product or an electronic
1428     cigarette product, or in gaining admittance to any part of the premises of a retail tobacco
1429     specialty business, is guilty of a class B misdemeanor.

1430          (3) An individual who knowingly and intentionally uses proof of age containing false
1431     information with the intent to purchase a tobacco product or an electronic cigarette product, or
1432     to gain admittance to any part of the premises of a retail tobacco specialty business, is guilty of
1433     a class A misdemeanor.
1434          Section 31. Section 76-10-116 is enacted to read:
1435          76-10-116. Ordinances, rules, and regulations.
1436          (1) Except as provided in Subsection (2), an ordinance, rule, or regulation adopted by a
1437     governing body of a political subdivision of the state or a state agency is superseded if:
1438          (a) the ordinance, rule, or regulation affects:
1439          (i) the minimum age of sale for a tobacco product, an electronic cigarette product, or
1440     tobacco paraphernalia;
1441          (ii) the provision or sale of a tobacco product, an electronic cigarette product, or
1442     tobacco paraphernalia;
1443          (iii) the flavoring of a tobacco product or an electronic cigarette product;
1444          (iv) the purchase or possession of a tobacco product, an electronic cigarette product, or
1445     tobacco paraphernalia; or
1446          (v) the placement or display of a tobacco product or an electronic cigarette product;
1447     and
1448          (b) the ordinance, rule, or regulation is not essentially identical to any state statute
1449     relating to the applicable subject described in Subsection (1)(a).
1450          (2) A governing body of a political subdivision of the state or a state agency may adopt
1451     an ordinance, rule, or regulation on a subject described in Subsections (1)(a)(i) through (v) if
1452     the governing body of a political subdivision of the state or a state agency is authorized by
1453     statute to adopt the ordinance, rule, or regulation.
1454          (3) Subsection (1) does not apply to the adoption or enforcement of a land use
1455     ordinance by a municipal or county government.
1456          Section 32. Section 77-39-101 (Effective 07/01/20) is amended to read:
1457          77-39-101 (Effective 07/01/20). Investigation of sales of alcohol, tobacco products,

1458     and electronic cigarettes products to underage individuals.
1459          (1) As used in this section[, "electronic cigarette" is as]:
1460          (a) "Electronic cigarette product" means the same as that term is defined in Section
1461     76-10-101.
1462          (b) "Tobacco product" means the same as that term is defined in Section 76-10-101.
1463          (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
1464     Classifications, may investigate the possible violation of:
1465          (i) Section 32B-4-403 by requesting an individual under 21 years old to enter into and
1466     attempt to purchase or make a purchase of alcohol from a retail establishment; or
1467          (ii) Section [76-10-104] 76-10-114 by requesting an individual under [the age specified
1468     in Subsection (2)(e)] 21 years old to enter into and attempt to purchase or make a purchase
1469     from a retail establishment of:
1470          (A) a [cigar] tobacco product; or
1471          [(B) a cigarette;]
1472          [(C) tobacco in any form; or]
1473          [(D)] (B) an electronic cigarette product.
1474          (b) A peace officer who is present at the site of a proposed purchase shall direct,
1475     supervise, and monitor the individual requested to make the purchase.
1476          (c) Immediately following a purchase or attempted purchase or as soon as practical the
1477     supervising peace officer shall inform the cashier and the proprietor or manager of the retail
1478     establishment that the attempted purchaser was under the legal age to purchase:
1479          (i) alcohol; or
1480          (ii) (A) a [cigar] tobacco product; or
1481          [(B) a cigarette;]
1482          [(C) tobacco in any form; or]
1483          [(D)] (B) an electronic cigarette product.
1484          (d) If a citation or information is issued, [it] the citation or information shall be issued
1485     within seven days of the purchase.

1486          [(e) For purposes of Subsection (2)(a)(ii), the individual is younger than:]
1487          [(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and]
1488          [(ii) beginning July 1, 2021, 21 years old.]
1489          (3) (a) If an individual under [the age of] 18 years old is requested to attempt a
1490     purchase, a written consent of that individual's parent or guardian shall be obtained prior to that
1491     individual participating in any attempted purchase.
1492          (b) An individual requested by the peace officer to attempt a purchase may:
1493          (i) be a trained volunteer; or
1494          (ii) receive payment, but may not be paid based on the number of successful purchases
1495     of alcohol, tobacco products, or [an] electronic cigarette products.
1496          (4) The individual requested by the peace officer to attempt a purchase and anyone
1497     accompanying the individual attempting a purchase may not during the attempted purchase
1498     misrepresent the age of the individual by false or misleading identification documentation in
1499     attempting the purchase.
1500          (5) An individual requested to attempt to purchase or make a purchase pursuant to this
1501     section is immune from prosecution, suit, or civil liability for the purchase of, attempted
1502     purchase of, or possession of alcohol, a [cigar, a cigarette, tobacco in any form] tobacco
1503     product, or an electronic cigarette product if a peace officer directs, supervises, and monitors
1504     the individual.
1505          (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
1506     shall be conducted[:] within a 12-month period:
1507          [(i) on a random basis; and]
1508          [(ii) within a 12-month period at any one retail establishment location not more often
1509     than:]
1510          [(A) two times for the attempted purchase of:]
1511          [(I) a cigar;]
1512          [(II) a cigarette;]
1513          [(III) tobacco in any form; or]

1514          [(IV) an electronic cigarette; and]
1515          [(B) four times for the attempted purchase of alcohol.]
1516          (i) on a random basis at any one retail establishment location, not more often than four
1517     times for the attempted purchase of alcohol; and
1518          (ii) a minimum of two times at a retail establishment that sells tobacco products or
1519     electronic cigarette products for the attempted purchase of a tobacco product or an electronic
1520     cigarette product.
1521          (b) This section does not prohibit an investigation or an attempt to purchase [tobacco]
1522     alcohol, a tobacco product, or an electronic cigarette product under this section if:
1523          (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
1524     [cigar, a cigarette, tobacco in any form] tobacco product, or an electronic cigarette product to
1525     an individual under the age established by Section 32B-4-403 or [76-10-104] 76-10-114; and
1526          (ii) the supervising peace officer makes a written record of the grounds for the
1527     reasonable suspicion.
1528          (7) (a) The peace officer exercising direction, supervision, and monitoring of the
1529     attempted purchase shall make a report of the attempted purchase, whether or not a purchase
1530     was made.
1531          (b) The report required by this Subsection (7) shall include:
1532          (i) the name of the supervising peace officer;
1533          (ii) the name of the individual attempting the purchase;
1534          (iii) a photograph of the individual attempting the purchase showing how that
1535     individual appeared at the time of the attempted purchase;
1536          (iv) the name and description of the cashier or proprietor from whom the individual
1537     attempted the purchase;
1538          (v) the name and address of the retail establishment; and
1539          (vi) the date and time of the attempted purchase.
1540          Section 33. Effective date.
1541          This bill takes effect on July 1, 2020.

1542          Section 34. Coordinating H.B. 23 with S.B. 37 -- Superseding technical and
1543     substantive amendments.
1544          If this H.B. 23 and S.B. 37, Electronic Cigarette and Other Nicotine Product
1545     Amendments, both pass and become law, it is the intent of the Legislature that the Office of
1546     Legislative Research and General Counsel, in preparing the Utah Code database for
1547     publication:
1548          (1) not make the changes in H.B. 23 to Subsections 10-8-41.6(1)(g)(i) and
1549     17-50-333(1)(f)(i), regarding a retail tobacco specialty business;
1550          (2) not make the changes in S.B. 37 to Subsection 26-62-305(3)(b);
1551          (3) modify Subsections 26-62-305(3) and (4) in H.B. 23 to read:
1552          "(3) If a violation is found in an investigation of a general tobacco retailer by a law
1553     enforcement agency under Section 77-39-101 for the sale of a tobacco product, an electronic
1554     cigarette product, or a nicotine product to an individual under 21 years old and the violation is
1555     committed by the owner of the general tobacco retailer, the enforcing agency shall:
1556          (a) on a first violation, impose a fine of no more than $2,000 on the general tobacco
1557     retailer; and
1558          (b) on the second violation for the same general tobacco retailer within one year of the
1559     first violation:
1560          (i) impose a fine not exceeding $5,000; and
1561          (ii) revoke the permit for the general tobacco retailer.
1562          (4) If a violation is found in an investigation of a retail tobacco specialty business by a
1563     law enforcement agency under Section 77-39-101 for the sale of a tobacco product, an
1564     electronic cigarette product, or a nicotine product to an individual under 21 years old, the
1565     enforcing agency shall apply the provisions of Section 26-62-402."; and
1566          (4) not make the changes in H.B. 23 to Section 76-10-111.