1
2
3
4
5
6
7 Cosponsors:
8 David G. Buxton
9 Luz Escamilla
10 Keith Grover
11 Wayne A. Harper
Lyle W. Hillyard
Jani Iwamoto
Derek L. Kitchen
Karen Mayne
Ann Millner
Ralph Okerlund
Kathleen Riebe
Scott D. Sandall
Jerry W. Stevenson
Ronald Winterton
12
13 LONG TITLE
14 General Description:
15 This bill enacts and amends provisions relating to electronic cigarette products and
16 nicotine products.
17 Highlighted Provisions:
18 This bill:
19 ▸ defines and coordinates terms;
20 ▸ increases the minimum age for obtaining, possessing, using, providing, or
21 furnishing of tobacco products, paraphernalia, and under certain circumstances,
22 electronic cigarettes to 21 years old;
23 ▸ imposes permitting requirements and processes for the sale of a nicotine product;
24 ▸ requires a tobacco retailer to provide itemized receipts and to maintain an itemized
25 transaction log for sales of a tobacco product, an electronic cigarette product, or a
26 nicotine product;
27 ▸ establishes a Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
28 Program within the Department of Health;
29 ▸ creates a committee to advise the department on the Youth Electronic Cigarette,
30 Marijuana, and Other Drug Prevention Program;
31 ▸ creates the Electronic Cigarette, Marijuana, and Other Drug Prevention Grant
32 Program operated by local health departments;
33 ▸ specifies requirements relating to the Electronic Cigarette, Marijuana, and Other
34 Drug Prevention Grant Program;
35 ▸ applies civil penalties to the improper sale of a nicotine product;
36 ▸ requires certain nicotine products to have a statement on the products' exterior
37 packages that the products contain nicotine;
38 ▸ imposes licensing and bonding requirements on a person that sells or distributes an
39 electronic cigarette product or a nicotine product;
40 ▸ imposes an excise tax on the sale in the state of an electronic cigarette substance, a
41 prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic
42 nicotine device substance, and a prefilled nontherapeutic nicotine device;
43 ▸ creates a reduction on certain tax rates for products that are issued a modified risk
44 tobacco product order by the United States Food and Drug Administration;
45 ▸ provides for the remittance of the tax collected;
46 ▸ creates the Electronic Cigarette Substance and Nicotine Product Tax Restricted
47 Account;
48 ▸ addresses use of revenue from the taxation of an electronic cigarette substance, a
49 prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic
50 nicotine device substance, and a prefilled nontherapeutic nicotine device;
51 ▸ provides criminal penalties for a sale or a purchase of an electronic cigarette product
52 or a nicotine product in violation of the law;
53 ▸ prohibits a manufacturer, a wholesaler, or a retailer from providing certain discounts
54 or giveaways for electronic cigarettes; and
55 ▸ makes technical and conforming changes.
56 Money Appropriated in this Bill:
57 None
58 Other Special Clauses:
59 This bill provides a special effective date.
60 Utah Code Sections Affected:
61 AMENDS:
62 10-8-41.6, as last amended by Laws of Utah 2018, Chapter 231
63 10-8-47 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
64 17-50-333, as last amended by Laws of Utah 2018, Chapter 231
65 26-1-7, as last amended by Laws of Utah 2017, Chapter 419
66 26-38-2, as last amended by Laws of Utah 2018, Chapters 231 and 281
67 26-57-101, as enacted by Laws of Utah 2015, Chapter 132
68 26-57-102, as enacted by Laws of Utah 2015, Chapter 132
69 26-62-101, as enacted by Laws of Utah 2018, Chapter 231
70 26-62-102, as renumbered and amended by Laws of Utah 2018, Chapter 231
71 26-62-201, as enacted by Laws of Utah 2018, Chapter 231
72 26-62-202, as last amended by Laws of Utah 2019, Chapter 157
73 26-62-205 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
74 26-62-301, as enacted by Laws of Utah 2018, Chapter 231
75 26-62-304 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
76 26-62-305 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
77 26-62-306, as renumbered and amended by Laws of Utah 2018, Chapter 231
78 26A-1-128, as enacted by Laws of Utah 2018, Chapter 231
79 51-9-203 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapters 136
80 and 232
81 53-3-229, as last amended by Laws of Utah 2010, Chapters 114 and 276
82 53-3-810, as last amended by Laws of Utah 2010, Chapters 114 and 276
83 53G-4-402, as last amended by Laws of Utah 2019, Chapters 83, 293, and 451
84 53G-8-209, as last amended by Laws of Utah 2019, Chapter 293
85 59-14-102, as last amended by Laws of Utah 2013, Chapter 148
86 59-14-302, as last amended by Laws of Utah 2014, Chapter 189
87 59-14-703 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
88 59-14-801, as enacted by Laws of Utah 2015, Chapter 132
89 59-14-802, as last amended by Laws of Utah 2019, Chapter 136
90 59-14-803, as last amended by Laws of Utah 2018, Chapter 231
91 63I-1-226, as last amended by Laws of Utah 2019, Chapters 67, 136, 246, 289, 455 and
92 last amended by Coordination Clause, Laws of Utah 2019, Chapter 246
93 76-8-311.3, as last amended by Laws of Utah 2010, Chapter 114
94 76-10-101, as last amended by Laws of Utah 2015, Chapters 66, 132 and last amended
95 by Coordination Clause, Laws of Utah 2015, Chapter 132
96 76-10-103 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
97 76-10-104 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
98 76-10-104.1 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
99 76-10-105 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
100 76-10-105.1 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
101 76-10-111, as last amended by Laws of Utah 2010, Chapter 114
102 77-39-101 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
103 ENACTS:
104 26-7-10, Utah Code Annotated 1953
105 26-57-104, Utah Code Annotated 1953
106 26-62-206, Utah Code Annotated 1953
107 26A-1-129, Utah Code Annotated 1953
108 59-14-104, Utah Code Annotated 1953
109 59-14-804, Utah Code Annotated 1953
110 59-14-805, Utah Code Annotated 1953
111 59-14-806, Utah Code Annotated 1953
112 59-14-807, Utah Code Annotated 1953
113 59-14-808, Utah Code Annotated 1953
114
115 Be it enacted by the Legislature of the state of Utah:
116 Section 1. Section 10-8-41.6 is amended to read:
117 10-8-41.6. Regulation of retail tobacco specialty business.
118 (1) As used in this section:
119 (a) "Community location" means:
120 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
121 (ii) a licensed child-care facility or preschool;
122 (iii) a trade or technical school;
123 (iv) a church;
124 (v) a public library;
125 (vi) a public playground;
126 (vii) a public park;
127 (viii) a youth center or other space used primarily for youth oriented activities;
128 (ix) a public recreational facility;
129 (x) a public arcade; or
130 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
131 (b) "Department" means the Department of Health, created in Section 26-1-4.
132 (c) "Electronic cigarette product" means the same as that term is defined in Section
133 76-10-101.
134 (d) "Licensee" means a person licensed under this section to conduct business as a
135 retail tobacco specialty business.
136 [
137 26A-1-102.
138 (f) "Nicotine product" means the same as that term is defined in Section 76-10-101.
139 [
140
141 [
142 which:
143 (i) [
144 cigarette products, and nicotine products account for more than 35% of the total quarterly gross
145 receipts for the establishment;
146 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
147 storage of tobacco products, electronic cigarette products, and nicotine products;
148 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
149 tobacco products, electronic cigarette products, and nicotine products; or
150 (iv) the retail space features a self-service display for tobacco products, electronic
151 cigarette products, and nicotine products.
152 [
153 76-10-105.1.
154 [
155 76-10-101.
156 [
157
158 [
159 [
160 [
161
162 [
163 (2) The regulation of a retail tobacco specialty business is an exercise of the police
164 powers of the state, and through delegation, to other governmental entities.
165 (3) (a) A person may not operate a retail tobacco specialty business in a municipality
166 unless the person obtains a license from the municipality in which the retail tobacco specialty
167 business is located.
168 (b) A municipality may only issue a retail tobacco specialty business license to a
169 person if the person complies with the provisions of Subsections (4) and (5).
170 (4) (a) Except as provided in Subsection (7), a municipality may not issue a license for
171 a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
172 business is located within:
173 (i) 1,000 feet of a community location;
174 (ii) 600 feet of another retail tobacco specialty business; or
175 (iii) 600 feet from property used or zoned for:
176 (A) agriculture use; or
177 (B) residential use.
178 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
179 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
180 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
181 to intervening structures or zoning districts.
182 (5) [
183 municipality may not issue or renew a license for a person to conduct business as a retail
184 tobacco specialty business until the person provides the municipality with proof that the retail
185 tobacco specialty business has:
186 [
187 Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local
188 health department having jurisdiction over the area in which the retail tobacco specialty
189 business is located; and
190 [
191 Tax Commission in accordance with Section 59-14-201 or 59-14-301 to sell [
192
193 (ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
194 license issued by the State Tax Commission in accordance with Section 59-14-803 to sell an
195 electronic cigarette product or a nicotine product.
196 [
197
198
199 (6) (a) Nothing in this section:
200 (i) requires a municipality to issue a retail tobacco specialty business license; or
201 (ii) prohibits a municipality from adopting more restrictive requirements on a person
202 seeking a license or renewal of a license to conduct business as a retail tobacco specialty
203 business.
204 (b) A municipality may suspend or revoke a retail tobacco specialty business license
205 issued under this section:
206 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
207 Part 16, Pattern of Unlawful Activity Act;
208 (ii) if a licensee violates the regulations restricting the sale and distribution of
209 cigarettes and smokeless tobacco to protect children and adolescents issued by the United
210 States Food and Drug Administration, 21 C.F.R. Part 1140;
211 (iii) upon the recommendation of the department or a local health department under
212 Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit; or
213 (iv) under any other provision of state law or local ordinance.
214 (7) (a) In accordance with Subsection (7)(b), a retail tobacco specialty business that has
215 a business license and is operating in a municipality in accordance with all applicable laws
216 except for the requirement in Subsection (4), on or before December 31, 2015, is exempt from
217 Subsection (4).
218 (b) A retail tobacco specialty business may maintain an exemption under Subsection
219 (7)(a) if:
220 (i) the retail tobacco specialty business license is renewed continuously without lapse
221 or permanent revocation;
222 (ii) the retail tobacco specialty business does not close for business or otherwise
223 suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
224 more than 60 consecutive days;
225 (iii) the retail tobacco specialty business does not substantially change the business
226 premises or business operation; and
227 (iv) the retail tobacco specialty business maintains the right to operate under the terms
228 of other applicable laws, including:
229 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
230 (B) zoning ordinances;
231 (C) building codes; and
232 (D) the requirements of a retail tobacco specialty business license issued before
233 December 31, 2015.
234 Section 2. Section 10-8-47 (Effective 07/01/20) is amended to read:
235 10-8-47 (Effective 07/01/20). Intoxication -- Fights -- Disorderly conduct --
236 Assault and battery -- Petit larceny -- Riots and disorderly assemblies -- Firearms and
237 fireworks -- False pretenses and embezzlement -- Sale of liquor, narcotics, or tobacco to
238 minors -- Possession of controlled substances -- Treatment of alcoholics and narcotics or
239 drug addicts.
240 (1) A municipal legislative body may:
241 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
242 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
243 battery and petit larceny;
244 (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
245 house, or place in the city;
246 (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks in
247 accordance with Section 53-7-225, or any other dangerous or combustible material;
248 (d) provide against and prevent the offense of obtaining money or property under false
249 pretenses and the offense of embezzling money or property in the cases when the money or
250 property embezzled or obtained under false pretenses does not exceed in value the sum of
251 $500;
252 (e) prohibit the sale, giving away, or furnishing of narcotics or alcoholic beverages to
253 an individual younger than 21 years old; or
254 (f) prohibit the sale, giving away, or furnishing of tobacco or [
255 electronic cigarette product to an individual younger than[
256 [
257 [
258 (2) A city may:
259 (a) by ordinance, prohibit the possession of controlled substances as defined in the
260 Utah Controlled Substances Act or any other endangering or impairing substance, provided the
261 conduct is not a class A misdemeanor or felony; and
262 (b) provide for treatment of alcoholics, narcotic addicts, and other individuals who are
263 addicted to the use of drugs or intoxicants such that an individual substantially lacks the
264 capacity to control the individual's use of the drugs or intoxicants, and judicial supervision may
265 be imposed as a means of effecting the individual's rehabilitation.
266 Section 3. Section 17-50-333 is amended to read:
267 17-50-333. Regulation of retail tobacco specialty business.
268 (1) As used in this section:
269 (a) "Community location" means:
270 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
271 (ii) a licensed child-care facility or preschool;
272 (iii) a trade or technical school;
273 (iv) a church;
274 (v) a public library;
275 (vi) a public playground;
276 (vii) a public park;
277 (viii) a youth center or other space used primarily for youth oriented activities;
278 (ix) a public recreational facility;
279 (x) a public arcade; or
280 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
281 (b) "Department" means the Department of Health, created in Section 26-1-4.
282 (c) "Electronic cigarette product" means the same as that term is defined in Section
283 76-10-101.
284 [
285 retail tobacco specialty business.
286 [
287 26A-1-102.
288 (f) "Nicotine product" means the same as that term is defined in Section 76-10-101.
289 [
290 which:
291 (i) [
292 cigarette products, and nicotine products account for more than 35% of the total quarterly gross
293 receipts for the establishment;
294 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
295 storage of tobacco products, electronic cigarette products, and nicotine products;
296 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
297 tobacco products, electronic cigarette products, and nicotine products; or
298 (iv) the retail space features a self-service display for tobacco products, electronic
299 cigarette products, and nicotine products.
300 [
301 76-10-105.1.
302 [
303 76-10-101.
304 [
305
306 [
307 [
308 [
309
310 [
311 (2) The regulation of a retail tobacco specialty business is an exercise of the police
312 powers of the state, and through delegation, to other governmental entities.
313 (3) (a) A person may not operate a retail tobacco specialty business in a county unless
314 the person obtains a license from the county in which the retail tobacco specialty business is
315 located.
316 (b) A county may only issue a retail tobacco specialty business license to a person if
317 the person complies with the provisions of Subsections (4) and (5).
318 (4) (a) Except as provided in Subsection (7), a county may not issue a license for a
319 person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
320 business is located within:
321 (i) 1,000 feet of a community location;
322 (ii) 600 feet of another retail tobacco specialty business; or
323 (iii) 600 feet from property used or zoned for:
324 (A) agriculture use; or
325 (B) residential use.
326 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
327 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
328 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
329 to intervening structures or zoning districts.
330 (5) [
331 may not issue or renew a license for a person to conduct business as a retail tobacco specialty
332 business until the person provides the county with proof that the retail tobacco specialty
333 business has:
334 [
335 Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local
336 health department having jurisdiction over the area in which the retail tobacco specialty
337 business is located; and
338 [
339 Tax Commission in accordance with Section 59-14-201 or 59-14-301 to sell [
340
341 (ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
342 license issued by the State Tax Commission in accordance with Section 59-14-803 to sell an
343 electronic cigarette product or a nicotine product.
344 [
345
346
347 (6) (a) Nothing in this section:
348 (i) requires a county to issue a retail tobacco specialty business license; or
349 (ii) prohibits a county from adopting more restrictive requirements on a person seeking
350 a license or renewal of a license to conduct business as a retail tobacco specialty business.
351 (b) A county may suspend or revoke a retail tobacco specialty business license issued
352 under this section:
353 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
354 Part 16, Pattern of Unlawful Activity Act;
355 (ii) if a licensee violates the regulations restricting the sale and distribution of
356 cigarettes and smokeless tobacco to protect children and adolescents issued by the United
357 States Food and Drug Administration, 21 C.F.R. Part 1140;
358 (iii) upon the recommendation of the department or a local health department under
359 Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit; or
360 (iv) under any other provision of state law or local ordinance.
361 (7) (a) In accordance with Subsection (7)(b), a retail tobacco specialty business that has
362 a business license and is operating in a county in accordance with all applicable laws except for
363 the requirement in Subsection (4), on or before December 31, 2015, is exempt from Subsection
364 (4).
365 (b) A retail tobacco specialty business may maintain an exemption under Subsection
366 (7)(a) if:
367 (i) the retail tobacco specialty business license is renewed continuously without lapse
368 or permanent revocation;
369 (ii) the retail tobacco specialty business does not close for business or otherwise
370 suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
371 more than 60 consecutive days;
372 (iii) the retail tobacco specialty business does not substantially change the business
373 premises or business operation; and
374 (iv) the retail tobacco specialty business maintains the right to operate under the terms
375 of other applicable laws, including:
376 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
377 (B) zoning ordinances;
378 (C) building codes; and
379 (D) the requirements of a retail tobacco specialty business license issued before
380 December 31, 2015.
381 Section 4. Section 26-1-7 is amended to read:
382 26-1-7. Committees within department.
383 (1) There are created within the department the following committees:
384 (a) Health Facility Committee;
385 (b) State Emergency Medical Services Committee;
386 (c) Air Ambulance Committee;
387 (d) Health Data Committee;
388 (e) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
389 (f) Residential Child Care Licensing Advisory Committee;
390 (g) Child Care Center Licensing Committee; [
391 (h) Primary Care Grant Committee[
392 (i) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee.
393 (2) The department shall:
394 (a) consolidate advisory groups and committees with other committees or advisory
395 groups as appropriate to create greater efficiencies and budgetary savings for the department;
396 and
397 (b) create in writing, time-limited and subject-limited duties for the advisory groups or
398 committees as necessary to carry out the responsibilities of the department.
399 Section 5. Section 26-7-10 is enacted to read:
400 26-7-10. Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
401 Program.
402 (1) As used in this section:
403 (a) "Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug
404 Prevention Committee created in Section 26-1-7.
405 (b) "Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug
406 Prevention Program created in this section.
407 (2) (a) There is created within the department the Youth Electronic Cigarette,
408 Marijuana, and Other Drug Prevention Program.
409 (b) In consultation with the committee, the department shall:
410 (i) establish guidelines for the use of funds appropriated to the program;
411 (ii) ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based and
412 appropriate for the population targeted by the program; and
413 (iii) subject to appropriations from the Legislature, fund statewide initiatives to prevent
414 use of electronic cigarettes, marijuana, and other drugs by youth.
415 (3) (a) The committee shall advise the department on:
416 (i) preventing use of electronic cigarettes, marijuana, and other drugs by youth in the
417 state;
418 (ii) developing the guidelines described in Subsection (2)(b)(i); and
419 (iii) implementing the provisions of the program.
420 (b) The executive director shall:
421 (i) appoint members of the committee; and
422 (ii) consult with the Utah Substance Use and Mental Health Advisory Council created
423 in Section 63M-7-301 when making the appointment under Subsection (3)(b)(i).
424 (c) The committee shall include, at a minimum:
425 (i) the executive director of a local health department as defined in Section 26A-1-102,
426 or the local health department executive director's designee;
427 (ii) one designee from the department;
428 (iii) one representative from the Department of Public Safety;
429 (iv) one representative from the behavioral health community; and
430 (v) one representative from the education community.
431 (d) A member of the committee may not receive compensation or benefits for the
432 member's service on the committee, but may receive per diem and travel expenses in
433 accordance with:
434 (i) Section 63A-3-106;
435 (ii) Section 63A-3-107; and
436 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
437 (e) The department shall provide staff support to the committee.
438 (4) On or before October 31 of each year, the department shall report to:
439 (a) the Health and Human Services Interim Committee regarding:
440 (i) the use of funds appropriated to the program;
441 (ii) the impact and results of the program, including the effectiveness of each program
442 funded under Subsection (2)(b)(iii), during the previous fiscal year;
443 (iii) a summary of the impacts and results on reducing youth use of electronic cigarettes
444 by entities represented by members of the committee, including those entities who receive
445 funding through the Electronic Cigarette Substance and Nicotine Product Tax Restricted
446 Account created in Section 59-14-807; and
447 (iv) any recommendations for legislation; and
448 (b) the Utah Substance Use and Mental Health Advisory Council created in Section
449 63M-7-301, regarding:
450 (i) the effectiveness of each program funded under Subsection (2)(b)(iii) in preventing
451 youth use of electronic cigarettes, marijuana, and other drugs; and
452 (ii) any collaborative efforts and partnerships established by the program with public
453 and private entities to prevent youth use of electronic cigarettes, marijuana, and other drugs.
454 Section 6. Section 26-38-2 is amended to read:
455 26-38-2. Definitions.
456 As used in this chapter:
457 [
458 [
459 [
460 [
461 [
462 [
463 [
464 [
465 [
466 [
467 [
468
469 (1) "Electronic cigarette" means the same as that term is defined in Section 76-10-101.
470 (2) "Non-tobacco shisha" means any product that:
471 (a) does not contain tobacco or nicotine; and
472 (b) is smoked or intended to be smoked in a hookah or water pipe.
473 (3) "Place of public access" means any enclosed indoor place of business, commerce,
474 banking, financial service, or other service-related activity, whether publicly or privately owned
475 and whether operated for profit or not, to which persons not employed at the place of public
476 access have general and regular access or which the public uses, including:
477 (a) buildings, offices, shops, elevators, or restrooms;
478 (b) means of transportation or common carrier waiting rooms;
479 (c) restaurants, cafes, or cafeterias;
480 (d) taverns as defined in Section 32B-1-102, or cabarets;
481 (e) shopping malls, retail stores, grocery stores, or arcades;
482 (f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical
483 sites, auditoriums, or arenas;
484 (g) barber shops, hair salons, or laundromats;
485 (h) sports or fitness facilities;
486 (i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
487 breakfast" lodging facilities, and other similar lodging facilities, including the lobbies,
488 hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any
489 of these;
490 (j) (i) any child care facility or program subject to licensure or certification under this
491 title, including those operated in private homes, when any child cared for under that license is
492 present; and
493 (ii) any child care, other than child care as defined in Section 26-39-102, that is not
494 subject to licensure or certification under this title, when any child cared for by the provider,
495 other than the child of the provider, is present;
496 (k) public or private elementary or secondary school buildings and educational
497 facilities or the property on which those facilities are located;
498 (l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
499 religious organization when used solely by the organization members or their guests or
500 families;
501 (m) any facility rented or leased for private functions from which the general public is
502 excluded and arrangements for the function are under the control of the function sponsor;
503 (n) any workplace that is not a place of public access or a publicly owned building or
504 office but has one or more employees who are not owner-operators of the business;
505 (o) any area where the proprietor or manager of the area has posted a conspicuous sign
506 stating "no smoking", "thank you for not smoking", or similar statement; and
507 (p) a holder of a bar establishment license, as defined in Section 32B-1-102.
508 (4) "Publicly owned building or office" means any enclosed indoor place or portion of
509 a place owned, leased, or rented by any state, county, or municipal government, or by any
510 agency supported by appropriation of, or by contracts or grants from, funds derived from the
511 collection of federal, state, county, or municipal taxes.
512 (5) "Shisha" means any product that:
513 (a) contains tobacco or nicotine; and
514 (b) is smoked or intended to be smoked in a hookah or water pipe.
515 (6) "Smoking" means:
516 (a) the possession of any lighted or heated tobacco product in any form;
517 (b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe,
518 or hookah that contains:
519 (i) tobacco or any plant product intended for inhalation;
520 (ii) shisha or non-tobacco shisha;
521 (iii) nicotine;
522 (iv) a natural or synthetic tobacco substitute; or
523 (v) a natural or synthetic flavored tobacco product;
524 (c) using an [
525 (d) using an oral smoking device intended to circumvent the prohibition of smoking in
526 this chapter.
527 Section 7. Section 26-57-101 is amended to read:
528
529
530 26-57-101. Title.
531 This chapter is known as the "Electronic Cigarette and Nicotine Product Regulation
532 Act."
533 Section 8. Section 26-57-102 is amended to read:
534 26-57-102. Definitions.
535 As used in this chapter:
536 (1) "Cigarette" means the same as that term is defined in Section 59-14-102.
537 (2) "Electronic cigarette" means the same as that term is defined in Section
538 [
539 (3) "Electronic cigarette product" means [
540
541 (4) "Electronic cigarette substance" means the same as that term is defined in Section
542 [
543 (5) "Local health department" means the same as that term is defined in Section
544 26A-1-102.
545 [
546 (a) to cast, construct, or make electronic cigarettes; or
547 (b) to blend, make, process, or prepare an electronic cigarette substance.
548 [
549 cigarette substance that is sold in a container that:
550 (a) is [
551 (b) the electronic cigarette manufacturer does not intend for a consumer to open.
552 (8) "Nicotine" means the same as that term is defined in Section 76-10-101.
553 (9) "Nicotine product" means the same as that term is defined in Section 76-10-101.
554 Section 9. Section 26-57-104 is enacted to read:
555 26-57-104. Labeling of nicotine products containing nicotine.
556 (1) Any nicotine product shall contain the statement described in Subsection (2) if the
557 nicotine product:
558 (a) (i) is not a tobacco product as defined in 21 U.S.C. Sec. 321 and related federal
559 regulations; or
560 (ii) is not otherwise required under federal or state law to contain a nicotine warning;
561 and
562 (b) contains nicotine.
563 (2) A statement shall appear on the exterior packaging of a nicotine product described
564 in Subsection (1) as follows:
565 "This product contains nicotine."
566 Section 10. Section 26-62-101 is amended to read:
567
568
569 26-62-101. Title.
570 This chapter is known as "Tobacco, Electronic Cigarette, and Nicotine Product Retail
571 Permit."
572 Section 11. Section 26-62-102 is amended to read:
573 26-62-102. Definitions.
574 As used in this chapter:
575 (1) "Community location" means the same as that term is defined:
576 (a) as it relates to a municipality, in Section 10-8-41.6; and
577 (b) as it relates to a county, in Section 17-50-333.
578 (2) "Electronic cigarette product" means the same as that term is defined in Section
579 76-10-101.
580 [
581 [
582 department enforcing the provisions of this chapter.
583 [
584 specialty business.
585 [
586 26A-1-102.
587 (7) "Nicotine product" means the same as that term is defined in Section 76-10-101.
588 [
589 [
590 (a) as it relates to a municipality, in Section 10-8-41.6; and
591 (b) as it relates to a county, in Section 17-50-333.
592 [
593 Commission under:
594 (a) Section 59-14-201 to sell [
595 (b) Section 59-14-301 to sell [
596 (c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product.
597 [
598 76-10-101.
599 [
600
601 [
602 [
603 [
604
605 [
606 [
607 commission license.
608 Section 12. Section 26-62-201 is amended to read:
609 26-62-201. Permitting requirement.
610 (1) (a) [
611 permit issued in accordance with this chapter by the local health department with jurisdiction
612 over the physical location where the tobacco retailer operates.
613 (b) A tobacco retailer without a valid permit may not:
614 (i) place [
615 nicotine product in public view;
616 (ii) display any advertisement related to [
617 electronic cigarette product, or a nicotine product that promotes the sale, distribution, or use of
618 those products; or
619 (iii) sell, offer for sale, or offer to exchange for any form of consideration, tobacco [
620
621 (2) A local health department may issue a permit under this chapter for a tobacco
622 retailer in the classification of:
623 (a) a general tobacco retailer; or
624 (b) a retail tobacco specialty business.
625 (3) A permit under this chapter is:
626 (a) valid only for one physical location, including a vending machine;
627 (b) valid only at one fixed business address; and
628 (c) if multiple tobacco retailers are at the same address, separately required for each
629 tobacco retailer.
630 [
631
632 [
633 [
634
635 Section 13. Section 26-62-202 is amended to read:
636 26-62-202. Permit application.
637 (1) A local health department shall issue a permit under this chapter for a tobacco
638 retailer if the local health department determines that the applicant:
639 (a) accurately provided all information required under Subsection (3) and, if applicable,
640 Subsection (4); and
641 (b) meets all requirements for a permit under this chapter.
642 (2) An applicant for a permit shall:
643 (a) submit an application described in Subsection (3) to the local health department
644 with jurisdiction over the area where the tobacco retailer is located; and
645 (b) pay all applicable fees described in Section 26-62-203.
646 (3) The application for a permit shall include:
647 (a) the name, address, and telephone number of each proprietor;
648 (b) the name and mailing address of each proprietor authorized to receive
649 permit-related communication and notices;
650 (c) the business name, address, and telephone number of the single, fixed location for
651 which a permit is sought;
652 (d) evidence that the location for which a permit is sought has a valid tax commission
653 license;
654 (e) information regarding whether, in the past 24 months, any proprietor of the tobacco
655 retailer has been determined to have violated, or has been a proprietor at a location that has
656 been determined to have violated:
657 (i) a provision of this chapter;
658 (ii) Chapter 38, Utah Indoor Clean Air Act;
659 (iii) Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic Chemical
660 Solvents;
661 (iv) Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
662 (v) regulations restricting the sale and distribution of cigarettes and smokeless tobacco
663 issued by the United States Food and Drug Administration, 21 C.F.R. Part 1140; or
664 (vi) any other provision of state law or local ordinance regarding the sale, marketing, or
665 distribution of [
666 nicotine product; and
667 (f) the dates of all violations disclosed under this Subsection (3).
668 (4) (a) In addition to the information described in Subsection (3), an applicant for a
669 retail tobacco specialty business permit shall include evidence showing whether the business is
670 located within:
671 (i) 1,000 feet of a community location;
672 (ii) 600 feet of another retail tobacco specialty business; or
673 (iii) 600 feet of property used or zoned for agricultural or residential use.
674 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
675 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
676 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
677 to intervening structures or zoning districts.
678 (5) The department or a local health department may not deny a permit to a retail
679 tobacco specialty business under Subsection (4) if the retail tobacco specialty business obtained
680 a license to operate the retail tobacco specialty business before December 31, 2015, from:
681 (a) a municipality under Section 10-8-41.6; or
682 (b) a county under Section 17-50-333.
683 (6) (a) The department shall establish by rule made in accordance with Title 63G,
684 Chapter 3, Utah Administrative Rulemaking Act, a permit process for local health departments
685 in accordance with this chapter.
686 (b) The permit process established by the department under Subsection (6)(a) may not
687 require any information in an application that is not required by this section.
688 Section 14. Section 26-62-205 (Effective 07/01/20) is amended to read:
689 26-62-205 (Effective 07/01/20). Permit requirements for a retail tobacco specialty
690 business.
691 A retail tobacco specialty business shall:
692 (1) except as provided in Subsection 76-10-105.1(4), prohibit any individual from
693 entering the business if the individual is[
694 [
695 [
696 (2) prominently display at the retail tobacco specialty business a sign on the public
697 entrance of the business that communicates the prohibition in Subsection 76-10-105.1(4).
698 Section 15. Section 26-62-206 is enacted to read:
699 26-62-206. Requirements for the sale of tobacco product, electronic cigarette
700 product, or nicotine product.
701 (1) A tobacco retailer shall:
702 (a) provide the customer with an itemized receipt for each sale of a tobacco product, an
703 electronic cigarette product, or a nicotine product that separately identifies:
704 (i) the name of the tobacco product, the electronic cigarette product, or the nicotine
705 product;
706 (ii) the amount charged for each tobacco product, electronic cigarette product, or
707 nicotine product; and
708 (iii) the date and time of the sale; and
709 (b) maintain an itemized transaction log that separately identifies, for each sale of a
710 tobacco product, an electronic cigarette product, or a nicotine product:
711 (i) the name of the tobacco product, the electronic cigarette product, or the nicotine
712 product;
713 (ii) the amount charged for each tobacco product, electronic cigarette product, or
714 nicotine product; and
715 (iii) the date and time of the sale.
716 (2) The itemized transaction log described in Subsection (1)(b) shall be:
717 (a) maintained for at least one year from the date of each transaction in the itemized
718 transaction log; and
719 (b) made available to an enforcing agency or a peace officer at the request of the
720 enforcing agency or the peace officer.
721 Section 16. Section 26-62-301 is amended to read:
722 26-62-301. Permit violation.
723 A person is in violation of the permit issued under this chapter if the person violates:
724 (1) a provision of this chapter;
725 (2) a provision of licensing laws under Section 10-8-41.6 or Section 17-50-333;
726 (3) a provision of Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic
727 Chemical Solvents;
728 (4) a provision of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
729 (5) a regulation restricting the sale and distribution of cigarettes and smokeless tobacco
730 issued by the United States Food and Drug Administration under 21 C.F.R. Part 1140; or
731 (6) any other provision of state law or local ordinance regarding the sale, marketing, or
732 distribution of [
733 nicotine product.
734 Section 17. Section 26-62-304 (Effective 07/01/20) is amended to read:
735 26-62-304 (Effective 07/01/20). Hearing -- Evidence of criminal conviction.
736 (1) At a civil hearing conducted under Section 26-62-302, evidence of the final
737 criminal conviction of a tobacco retailer or employee for violation of Section 76-10-104 at the
738 same location and within the same time period as the location and time period alleged in the
739 civil hearing for violation of this chapter for sale of [
740 electronic cigarette product, or a nicotine product to an individual under [
741 21 years old is prima facie evidence of a violation of this chapter[
742 [
743 [
744 (2) If the tobacco retailer is convicted of violating Section 76-10-104, the enforcing
745 agency:
746 (a) may not assess an additional monetary penalty under this chapter for the same
747 offense for which the conviction was obtained; and
748 (b) may revoke or suspend a permit in accordance with Section 26-62-305.
749 Section 18. Section 26-62-305 (Effective 07/01/20) is amended to read:
750 26-62-305 (Effective 07/01/20). Penalties.
751 (1) (a) If, following an inspection by an enforcing agency, or an investigation or
752 issuance of a citation or information under Section 77-39-101, an enforcing agency determines
753 that a person has violated the terms of a permit issued under this chapter, the enforcing agency
754 may impose the penalties described in this section.
755 (b) If multiple violations are found in a single inspection or investigation, only one
756 violation shall count toward the penalties described in this section.
757 (2) (a) The administrative penalty for a first violation at a retail location is a penalty of
758 not more than $500.
759 (b) The administrative penalty for a second violation at the same retail location that
760 occurs within one year of a previous violation is a penalty of not more than $750.
761 (c) The administrative penalty for a third or subsequent violation at the same retail
762 location that occurs within two years after two or more previous violations is:
763 (i) a suspension of the retail tobacco business permit for 30 consecutive business days
764 within 60 days after the day on which the third or subsequent violation occurs; or
765 (ii) a penalty of not more than $1,000.
766 (3) The department or a local health department may:
767 (a) revoke a permit if a fourth violation occurs within two years of three previous
768 violations;
769 (b) in addition to a monetary penalty imposed under Subsection (2), suspend the permit
770 if the violation is due to a sale of [
771 product, or a nicotine product to an individual under[
772 [
773 [
774 (c) if applicable, recommend to a municipality or county that a retail tobacco specialty
775 business license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
776 (4) (a) Except when a transfer described in Subsection (5) occurs, a local health
777 department may not issue a permit to:
778 (i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (3);
779 or
780 (ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
781 or other holder of significant interest as another tobacco retailer for whom a permit is
782 suspended or revoked under Subsection (3).
783 (b) A person whose permit:
784 (i) is suspended under this section may not apply for a new permit for any other
785 tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends
786 the permit; and
787 (ii) is revoked may not apply for a new permit for any tobacco retailer for a period of
788 24 months after the day on which an enforcing agency revokes the permit.
789 (5) Violations of this chapter, Section 10-8-41.6, or Section 17-50-333 that occur at a
790 tobacco retailer location shall stay on the record for that tobacco retailer location unless:
791 (a) the tobacco retailer is transferred to a new proprietor; and
792 (b) the new proprietor provides documentation to the local health department that the
793 new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous
794 proprietor.
795 Section 19. Section 26-62-306 is amended to read:
796 26-62-306. Recognition of tobacco retailer training program.
797 (1) In determining the amount of the monetary penalty to be imposed for an employee's
798 violation of this chapter, a hearing officer shall reduce the civil penalty by at least 50% if the
799 hearing officer determines that:
800 (a) the tobacco retailer has implemented a documented employee training program; and
801 (b) the employees have completed that training program within 30 days after the day on
802 which each employee commences the duties of selling [
803 electronic cigarette product, or a nicotine product.
804 (2) (a) For the first offense at a location, if the hearing officer determines under
805 Subsection (1) that the tobacco retailer licensee has not implemented a documented training
806 program with a written curriculum for employees at that location regarding compliance with
807 this chapter, the hearing officer may suspend all or a portion of the penalty if:
808 (i) the tobacco retailer agrees to initiate a training program for employees at that
809 location; and
810 (ii) the training program begins within 30 days after the hearing officer makes a
811 determination under this Subsection (2)(a).
812 (b) If the hearing officer determines at a subsequent hearing that the tobacco retailer
813 has not implemented the training program within the time period required under Subsection
814 (2)(a)(ii), the hearing officer shall promptly impose the suspended monetary penalty, unless the
815 tobacco retailer demonstrates good cause for an extension of time for implementation of the
816 training program.
817 Section 20. Section 26A-1-128 is amended to read:
818 26A-1-128. Tobacco, electronic cigarette, and nicotine product permits --
819 Enforcement.
820 A local health department:
821 (1) shall enforce the requirements of Title 26, Chapter 62, Tobacco, Electronic
822 Cigarette, and Nicotine Product Retail Permit;
823 (2) may enforce licensing requirements for entities that hold a business license to sell
824 [
825 under Section 10-8-41.6 or Section 17-50-333; and
826 (3) may recommend to a municipality or county that the business license of a retail
827 tobacco specialty business be suspended or revoked for a violation of Section 10-8-41.6,
828 Section 17-50-333, or Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine
829 Product Retail Permit.
830 Section 21. Section 26A-1-129 is enacted to read:
831 26A-1-129. Electronic cigarette, marijuana, and other drug prevention grant
832 program -- Reporting.
833 (1) As used in this section "grant program" means the Electronic Cigarette, Marijuana,
834 and Other Drug Prevention Grant Program created in this section.
835 (2) There is created the Electronic Cigarette, Marijuana, and Other Drug Prevention
836 Grant Program which shall be administered by local health departments in accordance with this
837 section.
838 (3) (a) A local health department shall administer the grant program with funds
839 allocated to the grant program under Subsection 59-14-807(4)(d), to award grants to:
840 (i) a coalition of community organizations that is focused on substance abuse
841 prevention;
842 (ii) a local government agency, including a law enforcement agency, for a program that
843 is focused on substance abuse prevention; or
844 (iii) a local education agency as defined in Section 53J-1-301.
845 (b) A recipient of a grant under the grant program shall use the grant to address root
846 causes and factors associated with the use of electronic cigarettes, marijuana, and other drugs:
847 (i) by addressing one or more risk or protective factors identified in the Utah Student
848 Health and Risk Prevention Statewide Survey; and
849 (ii) through one or more of the following activities aimed at reducing use of electronic
850 cigarettes, marijuana, and other drugs:
851 (A) providing information;
852 (B) enhancing individual skills;
853 (C) providing support to activities that reduce risk or enhance protections;
854 (D) enhancing access or reducing barriers systems, processes, or programs;
855 (E) changing consequences by addressing incentives or disincentives;
856 (F) changing the physical design or structure of an environment to reduce risk or
857 enhance protections; or
858 (G) supporting modifications or changing policies.
859 (c) The grant program shall provide funding for a program or purpose that is:
860 (i) evidence-based; or
861 (ii) a promising practice as defined by the United States Centers for Disease Control
862 and Prevention.
863 (4) (a) An applicant for a grant under the grant program shall submit an application to
864 the local health department that has jurisdiction over the area in which the applicant is
865 proposing use of grant funds.
866 (b) The application described in Subsection (4)(a) shall:
867 (i) provide a summary of how the applicant intends to expend grant funds; and
868 (ii) describe how the applicant will meet the requirements described in Subsection (3).
869 (c) A local health department may establish the form or manner in which an applicant
870 must submit an application for the grant program under this section.
871 (5) (a) A local health department shall:
872 (i) on or before June 30 of each year:
873 (A) review each grant application the local health department receives for the grant
874 program; and
875 (B) select recipients for a grant under the grant program; and
876 (ii) before July 15 of each year, disperse grant funds to each selected recipient.
877 (c) A local health department may not award a single grant under this section in an
878 amount that exceeds $100,000.
879 (6) (a) Before August 1 of each year, a recipient of a grant under the grant program
880 shall, for the previous year, submit a report to the local health department that:
881 (i) provides an accounting for the expenditure of grant funds;
882 (ii) describes measurable outcomes as a result of the expenditures;
883 (iii) describes the impact and effectiveness of programs and activities funded through
884 the grant; and
885 (iv) indicates the amount of grant funds remaining on the date that the report is
886 submitted.
887 (b) (i) A grant recipient shall submit the report described in Subsection (6)(a) before
888 August 1 of each year until the grant recipient expends all funds awarded to the recipient under
889 the grant program.
890 (ii) After a grant recipient expends all funds awarded to the recipient under the grant
891 program, the grant recipient shall submit a final report to the local health department with the
892 information described in Subsection (6)(a).
893 (7) (a) On or before September 1 of each year, each local health department shall
894 submit the reports described in Subsection (6) to the Association of Local Health Departments.
895 (b) The Association Local Health Departments shall compile the reports and, in
896 collaboration with the Department of Health, submit a report to the Health and Human Services
897 Interim Committee regarding:
898 (a) the use of funds appropriated to the grant program;
899 (b) the impact and effectiveness of programs activities that the grant program funds
900 during the previous fiscal year; and
901 (c) any recommendations for legislation.
902 Section 22. Section 51-9-203 (Effective 07/01/20) is amended to read:
903 51-9-203 (Effective 07/01/20). Requirements for tobacco programs.
904 (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
905 cessation, or control program, an organization, whether private, governmental, or
906 quasi-governmental, shall:
907 (a) submit a request to the Department of Health containing the following information:
908 (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
909 sound management and periodic evaluation of the campaign's relevance to the intended
910 audience, particularly in campaigns directed toward youth, including audience awareness of the
911 campaign and recollection of the main message;
912 (ii) for school-based education programs to prevent and reduce youth smoking, the
913 request shall describe how the program will be effective in preventing and reducing youth
914 smoking;
915 (iii) for community-based programs to prevent and reduce smoking, the request shall
916 demonstrate that the proposed program:
917 (A) has a comprehensive strategy with a clear mission and goals;
918 (B) provides for committed, caring, and professional leadership; and
919 (C) if directed toward youth:
920 (I) offers youth-centered activities in youth accessible facilities;
921 (II) is culturally sensitive, inclusive, and diverse;
922 (III) involves youth in the planning, delivery, and evaluation of services that affect
923 them; and
924 (IV) offers a positive focus that is inclusive of all youth; and
925 (iv) for enforcement, control, and compliance program, the request shall demonstrate
926 that the proposed program can reasonably be expected to reduce the extent to which tobacco
927 products are available to individuals under [
928 [
929 [
930 (b) agree, by contract, to file an annual written report with the Department of Health
931 that contains the following:
932 (i) the amount funded;
933 (ii) the amount expended;
934 (iii) a description of the program or campaign and the number of adults and youth who
935 participated;
936 (iv) specific elements of the program or campaign meeting the applicable criteria set
937 forth in Subsection (1)(a); and
938 (v) a statement concerning the success and effectiveness of the program or campaign;
939 (c) agree, by contract, to not use any funds received under this part directly or
940 indirectly, to:
941 (i) engage in any lobbying or political activity, including the support of, or opposition
942 to, candidates, ballot questions, referenda, or similar activities; or
943 (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
944 enforce:
945 (A) the provisions of the Master Settlement Agreement;
946 (B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
947 (C) Title 26, Chapter 62, Part 3, Enforcement; and
948 (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
949 (d) agree, by contract, to repay the funds provided under this part if the organization:
950 (i) fails to file a timely report as required by Subsection (1)(b); or
951 (ii) uses any portion of the funds in violation of Subsection (1)(c).
952 (2) The Department of Health shall review and evaluate the success and effectiveness
953 of any program or campaign that receives funding pursuant to a request submitted under
954 Subsection (1). The review and evaluation:
955 (a) shall include a comparison of annual smoking trends;
956 (b) may be conducted by an independent evaluator; and
957 (c) may be paid for by funds appropriated from the account for that purpose.
958 (3) The Department of Health shall annually report to the Social Services
959 Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
960 (4) An organization that fails to comply with the contract requirements set forth in
961 Subsection (1) shall:
962 (a) repay the state as provided in Subsection (1)(d); and
963 (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
964 (5) The attorney general shall be responsible for recovering funds that are required to
965 be repaid to the state under this section.
966 (6) Nothing in this section may be construed as applying to funds that are not
967 appropriated under this part.
968 Section 23. Section 53-3-229 is amended to read:
969 53-3-229. Prohibited uses of license certificate -- Penalty.
970 (1) It is a class C misdemeanor for [
971 (a) lend or knowingly permit the use of a license certificate issued to the [
972 individual, by [
973 (b) display or to represent as the [
974 issued to the [
975 (c) refuse to surrender to the division or a peace officer upon demand any license
976 certificate issued by the division;
977 (d) use a false name or give a false address in any application for a license or any
978 renewal or duplicate of the license certificate, or to knowingly make a false statement, or to
979 knowingly conceal a material fact or otherwise commit a fraud in the application;
980 (e) display a canceled, denied, revoked, suspended, or disqualified driver license
981 certificate as a valid driver license certificate;
982 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
983 driver license certificate issued by a governmental entity if the item is not an authentic driver
984 license certificate issued by that governmental entity; or
985 (g) alter any information on an authentic driver license certificate so that it no longer
986 represents the information originally displayed.
987 (2) The provisions of Subsection (1)(e) do not prohibit the use of [
988 individual's driver license certificate as a means of personal identification.
989 (3) It is a class A misdemeanor to knowingly:
990 (a) issue a driver license certificate with false or fraudulent information;
991 (b) issue a driver license certificate to a person younger than 21 years of age if the
992 driver license certificate is not distinguished as required for [
993 than 21 years of age under Section 53-3-207; or
994 (c) acquire, use, display, or transfer a false or altered driver license certificate to
995 procure:
996 (i) a cigarette;
997 (ii) an electronic cigarette product, as defined in Section 76-10-101;
998 (iii) tobacco; or
999 (iv) a tobacco product.
1000 (4) [
1001 license certificate to procure alcoholic beverages, gain admittance to a place where alcoholic
1002 beverages are sold or consumed, or obtain employment that may not be obtained by a minor in
1003 violation of Section 32B-1-403.
1004 (5) It is a third degree felony if [
1005 transfer of a false or altered driver license certificate:
1006 (a) aids or furthers the [
1007 services; or
1008 (b) aids or furthers the [
1009 Section 24. Section 53-3-810 is amended to read:
1010 53-3-810. Prohibited uses of identification card -- Penalties.
1011 (1) It is a class C misdemeanor to:
1012 (a) lend or knowingly permit the use of an identification card issued to the [
1013 individual, by [
1014 (b) display or to represent as the [
1015 issued to the [
1016 (c) refuse to surrender to the division or a peace officer upon demand any identification
1017 card issued by the division;
1018 (d) use a false name or give a false address in any application for an identification card
1019 or any renewal or duplicate of the identification card, or to knowingly make a false statement,
1020 or to knowingly conceal a material fact in the application;
1021 (e) display a revoked identification card as a valid identification card;
1022 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
1023 identification card issued by a governmental entity if the item is not an authentic identification
1024 card issued by that governmental entity; or
1025 (g) alter any information contained on an authentic identification card so that it no
1026 longer represents the information originally displayed.
1027 (2) It is a class A misdemeanor to knowingly:
1028 (a) issue an identification card with false or fraudulent information;
1029 (b) issue an identification card to any [
1030 if the identification card is not distinguished as required for [
1031 than 21 years of age under Section 53-3-806; or
1032 (c) acquire, use, display, or transfer a false or altered identification card to procure:
1033 (i) a cigarette;
1034 (ii) an electronic cigarette[
1035 (iii) tobacco; or
1036 (iv) a tobacco product.
1037 (3) [
1038 altered identification card to procure alcoholic beverages, gain admittance to a place where
1039 alcoholic beverages are sold or consumed, or obtain employment that may not be obtained by a
1040 minor in violation of Section 32B-1-403.
1041 (4) It is a third degree felony if [
1042 transfer of a false or altered identification card:
1043 (a) aids or furthers the [
1044 services; or
1045 (b) aids or furthers the [
1046 Section 25. Section 53G-4-402 is amended to read:
1047 53G-4-402. Powers and duties generally.
1048 (1) A local school board shall:
1049 (a) implement the core standards for Utah public schools using instructional materials
1050 that best correlate to the core standards for Utah public schools and graduation requirements;
1051 (b) administer tests, required by the state board, which measure the progress of each
1052 student, and coordinate with the state superintendent and state board to assess results and create
1053 plans to improve the student's progress, which shall be submitted to the state board for
1054 approval;
1055 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
1056 students that need remediation and determine the type and amount of federal, state, and local
1057 resources to implement remediation;
1058 (d) develop early warning systems for students or classes failing to make progress;
1059 (e) work with the state board to establish a library of documented best practices,
1060 consistent with state and federal regulations, for use by the local districts;
1061 (f) implement training programs for school administrators, including basic
1062 management training, best practices in instructional methods, budget training, staff
1063 management, managing for learning results and continuous improvement, and how to help
1064 every child achieve optimal learning in basic academic subjects; and
1065 (g) ensure that the local school board meets the data collection and reporting standards
1066 described in Section 53E-3-501.
1067 (2) Local school boards shall spend Minimum School Program funds for programs and
1068 activities for which the state board has established minimum standards or rules under Section
1069 53E-3-501.
1070 (3) (a) A local school board may purchase, sell, and make improvements on school
1071 sites, buildings, and equipment and construct, erect, and furnish school buildings.
1072 (b) School sites or buildings may only be conveyed or sold on local school board
1073 resolution affirmed by at least two-thirds of the members.
1074 (4) (a) A local school board may participate in the joint construction or operation of a
1075 school attended by children residing within the district and children residing in other districts
1076 either within or outside the state.
1077 (b) Any agreement for the joint operation or construction of a school shall:
1078 (i) be signed by the president of the local school board of each participating district;
1079 (ii) include a mutually agreed upon pro rata cost; and
1080 (iii) be filed with the state board.
1081 (5) A local school board may establish, locate, and maintain elementary, secondary,
1082 and applied technology schools.
1083 (6) Except as provided in Section 53E-3-905, a local school board may enroll children
1084 in school who are at least five years of age before September 2 of the year in which admission
1085 is sought.
1086 (7) A local school board may establish and support school libraries.
1087 (8) A local school board may collect damages for the loss, injury, or destruction of
1088 school property.
1089 (9) A local school board may authorize guidance and counseling services for children
1090 and their parents before, during, or following enrollment of the children in schools.
1091 (10) (a) A local school board shall administer and implement federal educational
1092 programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
1093 Education Programs.
1094 (b) Federal funds are not considered funds within the school district budget under
1095 Chapter 7, Part 3, Budgets.
1096 (11) (a) A local school board may organize school safety patrols and adopt policies
1097 under which the patrols promote student safety.
1098 (b) A student appointed to a safety patrol shall be at least 10 years old and have written
1099 parental consent for the appointment.
1100 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
1101 of a highway intended for vehicular traffic use.
1102 (d) Liability may not attach to a school district, its employees, officers, or agents or to a
1103 safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
1104 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
1105 (12) (a) A local school board may on its own behalf, or on behalf of an educational
1106 institution for which the local school board is the direct governing body, accept private grants,
1107 loans, gifts, endowments, devises, or bequests that are made for educational purposes.
1108 (b) These contributions are not subject to appropriation by the Legislature.
1109 (13) (a) A local school board may appoint and fix the compensation of a compliance
1110 officer to issue citations for violations of Subsection 76-10-105(2)(b).
1111 (b) A person may not be appointed to serve as a compliance officer without the
1112 person's consent.
1113 (c) A teacher or student may not be appointed as a compliance officer.
1114 (14) A local school board shall adopt bylaws and policies for the local school board's
1115 own procedures.
1116 (15) (a) A local school board shall make and enforce policies necessary for the control
1117 and management of the district schools.
1118 (b) Local school board policies shall be in writing, filed, and referenced for public
1119 access.
1120 (16) A local school board may hold school on legal holidays other than Sundays.
1121 (17) (a) A local school board shall establish for each school year a school traffic safety
1122 committee to implement this Subsection (17).
1123 (b) The committee shall be composed of one representative of:
1124 (i) the schools within the district;
1125 (ii) the Parent Teachers' Association of the schools within the district;
1126 (iii) the municipality or county;
1127 (iv) state or local law enforcement; and
1128 (v) state or local traffic safety engineering.
1129 (c) The committee shall:
1130 (i) receive suggestions from school community councils, parents, teachers, and others
1131 and recommend school traffic safety improvements, boundary changes to enhance safety, and
1132 school traffic safety program measures;
1133 (ii) review and submit annually to the Department of Transportation and affected
1134 municipalities and counties a child access routing plan for each elementary, middle, and junior
1135 high school within the district;
1136 (iii) consult the Utah Safety Council and the Division of Family Health Services and
1137 provide training to all school children in kindergarten through grade 6, within the district, on
1138 school crossing safety and use; and
1139 (iv) help ensure the district's compliance with rules made by the Department of
1140 Transportation under Section 41-6a-303.
1141 (d) The committee may establish subcommittees as needed to assist in accomplishing
1142 its duties under Subsection (17)(c).
1143 (18) (a) A local school board shall adopt and implement a comprehensive emergency
1144 response plan to prevent and combat violence in the local school board's public schools, on
1145 school grounds, on its school vehicles, and in connection with school-related activities or
1146 events.
1147 (b) The plan shall:
1148 (i) include prevention, intervention, and response components;
1149 (ii) be consistent with the student conduct and discipline policies required for school
1150 districts under Chapter 11, Part 2, Miscellaneous Requirements;
1151 (iii) require professional learning for all district and school building staff on what their
1152 roles are in the emergency response plan;
1153 (iv) provide for coordination with local law enforcement and other public safety
1154 representatives in preventing, intervening, and responding to violence in the areas and activities
1155 referred to in Subsection (18)(a); and
1156 (v) include procedures to notify a student, to the extent practicable, who is off campus
1157 at the time of a school violence emergency because the student is:
1158 (A) participating in a school-related activity; or
1159 (B) excused from school for a period of time during the regular school day to
1160 participate in religious instruction at the request of the student's parent.
1161 (c) The state board, through the state superintendent, shall develop comprehensive
1162 emergency response plan models that local school boards may use, where appropriate, to
1163 comply with Subsection (18)(a).
1164 (d) A local school board shall, by July 1 of each year, certify to the state board that its
1165 plan has been practiced at the school level and presented to and reviewed by its teachers,
1166 administrators, students, and their parents and local law enforcement and public safety
1167 representatives.
1168 (19) (a) A local school board may adopt an emergency response plan for the treatment
1169 of sports-related injuries that occur during school sports practices and events.
1170 (b) The plan may be implemented by each secondary school in the district that has a
1171 sports program for students.
1172 (c) The plan may:
1173 (i) include emergency personnel, emergency communication, and emergency
1174 equipment components;
1175 (ii) require professional learning on the emergency response plan for school personnel
1176 who are involved in sports programs in the district's secondary schools; and
1177 (iii) provide for coordination with individuals and agency representatives who:
1178 (A) are not employees of the school district; and
1179 (B) would be involved in providing emergency services to students injured while
1180 participating in sports events.
1181 (d) The local school board, in collaboration with the schools referred to in Subsection
1182 (19)(b), may review the plan each year and make revisions when required to improve or
1183 enhance the plan.
1184 (e) The state board, through the state superintendent, shall provide local school boards
1185 with an emergency plan response model that local school boards may use to comply with the
1186 requirements of this Subsection (19).
1187 (20) A local school board shall do all other things necessary for the maintenance,
1188 prosperity, and success of the schools and the promotion of education.
1189 (21) (a) Before closing a school or changing the boundaries of a school, a local school
1190 board shall:
1191 (i) at least 120 days before approving the school closure or school boundary change,
1192 provide notice to the following that the local school board is considering the closure or
1193 boundary change:
1194 (A) parents of students enrolled in the school, using the same form of communication
1195 the local school board regularly uses to communicate with parents;
1196 (B) parents of students enrolled in other schools within the school district that may be
1197 affected by the closure or boundary change, using the same form of communication the local
1198 school board regularly uses to communicate with parents; and
1199 (C) the governing council and the mayor of the municipality in which the school is
1200 located;
1201 (ii) provide an opportunity for public comment on the proposed school closure or
1202 school boundary change during at least two public local school board meetings; and
1203 (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
1204 the public hearing as described in Subsection (21)(b).
1205 (b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
1206 (i) indicate the:
1207 (A) school or schools under consideration for closure or boundary change; and
1208 (B) the date, time, and location of the public hearing;
1209 (ii) at least 10 days before the public hearing, be:
1210 (A) published:
1211 (I) in a newspaper of general circulation in the area; and
1212 (II) on the Utah Public Notice Website created in Section 63F-1-701; and
1213 (B) posted in at least three public locations within the municipality in which the school
1214 is located on the school district's official website, and prominently at the school; and
1215 (iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
1216 provided as described in Subsections (21)(a)(i)(A), (B), and (C).
1217 (22) A local school board may implement a facility energy efficiency program
1218 established under Title 11, Chapter 44, Performance Efficiency Act.
1219 (23) A local school board may establish or partner with a certified youth court
1220 program, in accordance with Section 78A-6-1203, or establish or partner with a comparable
1221 restorative justice program, in coordination with schools in that district. A school may refer a
1222 student to youth court or a comparable restorative justice program in accordance with Section
1223 53G-8-211.
1224 Section 26. Section 53G-8-209 is amended to read:
1225 53G-8-209. Extracurricular activities -- Prohibited conduct -- Reporting of
1226 violations -- Limitation of liability.
1227 (1) The Legislature recognizes that:
1228 (a) participation in student government and extracurricular activities may confer
1229 important educational and lifetime benefits upon students, and encourages school districts and
1230 charter schools to provide a variety of opportunities for all students to participate in such
1231 activities in meaningful ways;
1232 (b) there is no constitutional right to participate in these types of activities, and does
1233 not through this section or any other provision of law create such a right;
1234 (c) students who participate in student government and extracurricular activities,
1235 particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
1236 those activities, become role models for others in the school and community;
1237 (d) these individuals often play major roles in establishing standards of acceptable
1238 behavior in the school and community, and establishing and maintaining the reputation of the
1239 school and the level of community confidence and support afforded the school; and
1240 (e) it is of the utmost importance that those involved in student government, whether as
1241 officers or advisors, and those involved in competitive athletics and related activities, whether
1242 students or staff, comply with all applicable laws and standards of behavior and conduct
1243 themselves at all times in a manner befitting their positions and responsibilities.
1244 (2) (a) The state board may, and local school boards and charter school governing
1245 boards shall, adopt rules or policies implementing this section that apply to both students and
1246 staff.
1247 (b) The rules or policies described in Subsection (2)(a) shall include prohibitions
1248 against the following types of conduct in accordance with Section 53G-8-211, while in the
1249 classroom, on school property, during school sponsored activities, or regardless of the location
1250 or circumstance, affecting a person or property described in Subsections 53G-8-203(1)(e)(i)
1251 through (iv):
1252 (i) use of foul, abusive, or profane language while engaged in school related activities;
1253 (ii) illicit use, possession, or distribution of controlled substances or drug
1254 paraphernalia, and the use, possession, or distribution of an electronic cigarette product as
1255 defined in Section 76-10-101, tobacco, or alcoholic beverages contrary to law; and
1256 (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
1257 behavior involving physical violence, restraint, improper touching, or inappropriate exposure
1258 of body parts not normally exposed in public settings, forced ingestion of any substance, or any
1259 act which would constitute a crime against a person or public order under [
1260 (3) (a) School employees who reasonably believe that a violation of this section may
1261 have occurred shall immediately report that belief to the school principal, district
1262 superintendent, or chief administrative officer of a charter school.
1263 (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
1264 alleged incident, and actions taken in response, to the district superintendent or the
1265 superintendent's designee within 10 working days after receipt of the report.
1266 (c) Failure of a person holding a professional certificate to report as required under this
1267 Subsection (3) constitutes an unprofessional practice.
1268 (4) Limitations of liability set forth under Section 53G-8-405 apply to this section.
1269 Section 27. Section 59-14-102 is amended to read:
1270 59-14-102. Definitions.
1271 As used in this chapter:
1272 (1) "Alternative nicotine product" means the same as that term is defined in Section
1273 76-10-101.
1274 [
1275 (a) regardless of:
1276 (i) the size of the roll;
1277 (ii) the shape of the roll; or
1278 (iii) whether the tobacco is[
1279 any other ingredient; and
1280 (b) if the wrapper or cover of the roll is made of paper or any other substance or
1281 material except tobacco.
1282 [
1283 to produce at least 150 cigarettes in less than 30 minutes.
1284 [
1285 (a) (i) controls, leases, owns, possesses, or otherwise has available for use a cigarette
1286 rolling machine; and
1287 (ii) makes the cigarette rolling machine available for use by another person to produce
1288 a cigarette; or
1289 (b) offers for sale, at retail, a cigarette produced from the cigarette rolling machine.
1290 [
1291 (a) under Section 59-14-201 to obtain a license under Section 59-14-202; [
1292 (b) under Section 59-14-301 to obtain a license under Section 59-14-202[
1293 (c) to obtain a license under Section 59-14-803.
1294 [
1295 (a) a cigarette that has a false manufacturing label; or
1296 (b) a package of cigarettes bearing a counterfeit tax stamp.
1297 (7) "Electronic cigarette" means the same as that term is defined in Section 76-10-101.
1298 (8) "Electronic cigarette product" means the same as that term is defined in Section
1299 76-10-101.
1300 (9) "Electronic cigarette substance" means the same as that term is defined in Section
1301 76-10-101.
1302 [
1303 directly or indirectly, a finished cigarette for sale or distribution.
1304 [
1305 or any other person doing business as a distributor or retailer of cigarettes on tribal lands
1306 located in the state.
1307 [
1308 (a) is made wholly or in part of tobacco;
1309 (b) [
1310 (c) [
1311 (i) containing tobacco; and
1312 (ii) that is not exclusively natural leaf tobacco.
1313 [
1314 person [
1315 (i) manufactures, fabricates, assembles, processes, or labels a finished cigarette[
1316 (ii) makes, modifies, mixes, manufactures, fabricates, assembles, processes, labels,
1317 repackages, relabels, or imports an electronic cigarette product or a nicotine product.
1318 (b) "Manufacturer" does not include a cigarette rolling machine operator.
1319 [
1320 (a) is finely[
1321 (b) has at least 45% moisture content, as determined by the commission by rule made
1322 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1323 (c) is not intended to be:
1324 (i) smoked; or
1325 (ii) placed in the nasal cavity; and
1326 (d) except for single-use pouches of loose tobacco, is not packaged, produced, sold, or
1327 distributed in single-use units, including:
1328 (i) tablets;
1329 (ii) lozenges;
1330 (iii) strips;
1331 (iv) sticks; or
1332 (v) packages containing multiple single-use units.
1333 (15) "Nicotine" means the same as that term is defined in Section 76-10-101.
1334 (16) "Nicotine product" means the same as that term is defined in Section 76-10-101.
1335 (17) "Nontherapeutic nicotine device" means the same as that term is defined in
1336 Section 76-10-101.
1337 (18) "Nontherapeutic nicotine device substance" means the same as that term is defined
1338 in Section 76-10-101.
1339 (19) "Nontherapeutic nicotine product" means the same as that term is defined in
1340 Section 76-10-101.
1341 (20) "Prefilled electronic cigarette" means the same as that term is defined in Section
1342 76-10-101.
1343 (21) "Prefilled nontherapeutic nicotine device" means the same as that term is defined
1344 in Section 76-10-101.
1345 [
1346 (a) sells or distributes a cigarette, an electronic cigarette product, or a nicotine product
1347 to a consumer in the state; or
1348 (b) intends to sell or distribute a cigarette, an electronic cigarette product, or a nicotine
1349 product to a consumer in the state.
1350 [
1351 evidences payment of the tax on cigarettes required by Section 59-14-205.
1352 [
1353 (b) "Tobacco product" includes:
1354 (i) a cigarette produced from a cigarette rolling machine;
1355 (ii) a little cigar; or
1356 (iii) moist snuff.
1357 (c) "Tobacco product" does not include a cigarette.
1358 [
1359 recognized Indian tribe.
1360 Section 28. Section 59-14-104 is enacted to read:
1361 59-14-104. Rate reduction for modified risk tobacco products.
1362 The tax imposed under this chapter is reduced by:
1363 (1) 50% for any product that is issued a modified risk tobacco product order under 21
1364 U.S.C. Sec. 387k(g)(1); and
1365 (2) 25% for any product that is issued a modified risk tobacco product order under 21
1366 U.S.C. Sec. 387(g)(2).
1367 Section 29. Section 59-14-302 is amended to read:
1368 59-14-302. Tax basis -- Rates.
1369 (1) As used in this section:
1370 (a) "Manufacturer's sales price" means the amount the manufacturer of a tobacco
1371 product charges after subtracting a discount.
1372 (b) "Manufacturer's sales price" includes an original Utah destination freight charge,
1373 regardless of:
1374 (i) whether the tobacco product is shipped f.o.b. origin or f.o.b. destination; or
1375 (ii) who pays the original Utah destination freight charge.
1376 (2) There is levied a tax upon the sale, use, or storage of tobacco products in the state.
1377 (3) (a) Subject to Subsection (3)(b), the tax levied under Subsection (2) shall be paid
1378 by the manufacturer, jobber, distributor, wholesaler, retailer, user, or consumer.
1379 (b) The tax levied under Subsection (2) on a cigarette produced from a cigarette rolling
1380 machine shall be paid by the cigarette rolling machine operator.
1381 (4) For tobacco products except for moist snuff, a little cigar, or a cigarette produced
1382 from a cigarette rolling machine, the [
1383 multiplied by the manufacturer's sales price.
1384 (5) (a) Subject to Subsection (5)(b), the tax under this section on moist snuff is
1385 imposed:
1386 (i) at a rate of $1.83 per ounce; and
1387 (ii) on the basis of the net weight of the moist snuff as listed by the manufacturer.
1388 (b) If the net weight of moist snuff is in a quantity that is a fractional part of one ounce,
1389 a proportionate amount of the tax described in Subsection (5)(a) is imposed:
1390 (i) on that fractional part of one ounce; and
1391 (ii) in accordance with rules made by the commission in accordance with Title 63G,
1392 Chapter 3, Utah Administrative Rulemaking Act.
1393 (6) (a) A little cigar is taxed at the same tax rates as a cigarette is taxed under
1394 Subsection 59-14-204(2).
1395 (b) (i) Subject to Subsection (6)(b)(ii), a cigarette produced from a cigarette rolling
1396 machine is taxed at the same tax rates as a cigarette is taxed under Subsection 59-14-204(2).
1397 (ii) A tax under this Subsection (6)(b) is imposed on the date the cigarette is produced
1398 from the cigarette rolling machine.
1399 (7) (a) Moisture content of a tobacco product is determined at the time of packaging.
1400 (b) A manufacturer who distributes a tobacco product in, or into, Utah, shall:
1401 (i) for a period of three years after the last day on which the manufacturer distributes
1402 the tobacco product in, or into, Utah, keep valid scientific evidence of the moisture content of
1403 the tobacco product available for review by the commission, upon demand; and
1404 (ii) provide a document, to the person described in Subsection (3) to whom the
1405 manufacturer distributes the tobacco product, that certifies the moisture content of the tobacco
1406 product, as verified by the scientific evidence described in Subsection (7)(b)(i).
1407 (c) A manufacturer who fails to comply with the requirements of Subsection (7)(b) is
1408 liable for the nonpayment or underpayment of taxes on the tobacco product by a person who
1409 relies, in good faith, on the document described in Subsection (7)(b)(ii).
1410 (d) A person described in Subsection (3) who is required to pay tax on a tobacco
1411 product:
1412 (i) shall, for a period of three years after the last day on which the person pays the tax
1413 on the tobacco product, keep the document described in Subsection (7)(b)(ii) available for
1414 review by the commission, upon demand; and
1415 (ii) is not liable for nonpayment or underpayment of taxes on the tobacco product due
1416 to the person's good faith reliance on the document described in Subsection (7)(b)(ii).
1417 Section 30. Section 59-14-703 (Effective 07/01/20) is amended to read:
1418 59-14-703 (Effective 07/01/20). Certification of cigarette rolling machine
1419 operators -- Renewal of certification -- Requirements for certification or renewal of
1420 certification -- Denial.
1421 (1) A cigarette rolling machine operator may not perform the following without first
1422 obtaining certification from the commission as provided in this part:
1423 (a) locate a cigarette rolling machine within this state;
1424 (b) make or offer to make a cigarette rolling machine available for use within this state;
1425 or
1426 (c) offer a cigarette for sale within this state if the cigarette is produced by:
1427 (i) the cigarette rolling machine operator; or
1428 (ii) another person at the location of the cigarette rolling machine operator's cigarette
1429 rolling machine.
1430 (2) A cigarette rolling machine operator shall renew its certification as provided in this
1431 section.
1432 (3) The commission shall prescribe a form for certifying a cigarette rolling machine
1433 operator under this part.
1434 (4) (a) A cigarette rolling machine operator shall apply to the commission for
1435 certification before the cigarette rolling machine operator performs an act described in
1436 Subsection (1) within the state for the first time.
1437 (b) A cigarette rolling machine operator shall apply to the commission for a renewal of
1438 certification on or before the earlier of:
1439 (i) December 31 of each year; or
1440 (ii) the day on which there is a change in any of the information the cigarette rolling
1441 machine operator provides on the form described in Subsection (3).
1442 (5) To obtain certification or renewal of certification under this section from the
1443 commission, a cigarette rolling machine operator shall:
1444 (a) identify:
1445 (i) the cigarette rolling machine operator's name and address;
1446 (ii) the location, make, and brand of the cigarette rolling machine operator's cigarette
1447 rolling machine; and
1448 (iii) each person from whom the cigarette rolling machine operator will purchase or be
1449 provided tobacco products that the cigarette rolling machine operator will use to produce
1450 cigarettes; and
1451 (b) certify, under penalty of perjury, that:
1452 (i) the tobacco to be used in the cigarette rolling machine operator's cigarette rolling
1453 machine, regardless of the tobacco's label or description, shall be only of a:
1454 (A) brand family listed on the commission's directory listing required by Section
1455 59-14-603; and
1456 (B) tobacco product manufacturer listed on the commission's directory listing required
1457 by Section 59-14-603;
1458 (ii) the cigarette rolling machine operator shall prohibit another person who uses the
1459 cigarette rolling machine operator's cigarette rolling machine from using tobacco, a wrapper, or
1460 a cover except for tobacco, a wrapper, or a cover purchased by or provided to the cigarette
1461 rolling machine operator from a person identified in accordance with Subsection (5)(a)(iii);
1462 (iii) the cigarette rolling machine operator holds a current license issued in accordance
1463 with this chapter;
1464 (iv) the cigarettes produced from the cigarette rolling machine shall comply with Title
1465 53, Chapter 7, Part 4, The Reduced Cigarette Ignition Propensity and Firefighter Protection
1466 Act;
1467 (v) the cigarette rolling machine shall be located in a separate and defined area where
1468 the cigarette rolling machine operator ensures that an individual younger [
1469
1470 (A) present at any time; or
1471 (B) permitted to enter at any time; and
1472 (vi) the cigarette rolling machine operator may not barter, distribute, exchange, offer,
1473 or sell cigarettes produced from a cigarette rolling machine in a quantity of less than 20
1474 cigarettes per retail transaction.
1475 [
1476 [
1477 [
1478 [
1479 the requirements for certification or renewal of certification under this section, the commission
1480 shall grant the certification or renewal of certification.
1481 [
1482 not meet the requirements for certification or renewal of certification under this section, the
1483 commission shall:
1484 (a) deny the certification or renewal of certification; and
1485 (b) provide the cigarette rolling machine operator the grounds for denial of the
1486 certification or renewal of certification in writing.
1487 Section 31. Section 59-14-801 is amended to read:
1488
1489 59-14-801. Title.
1490 This part is known as the "Electronic Cigarette Product and Nicotine Product Licensing
1491 and Taxation Act."
1492 Section 32. Section 59-14-802 is amended to read:
1493 59-14-802. Definitions.
1494 As used in this part:
1495 [
1496 [
1497 [
1498
1499 [
1500 [
1501
1502 [
1503 [
1504
1505 [
1506
1507 [
1508 cigarette [
1509 [
1510
1511 (2) (a) "Manufacturer's sales price" means the amount that the manufacturer of an
1512 electronic cigarette substance, a prefilled electronic cigarette, an alternative nicotine product, a
1513 nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device charges
1514 after subtracting a discount.
1515 (b) "Manufacturer's sales price" includes an original Utah destination freight charge,
1516 regardless of:
1517 (i) whether the electronic cigarette substance, prefilled electronic cigarette, alternative
1518 nicotine product, nontherapeutic nicotine device substance, or prefilled nontherapeutic nicotine
1519 device is shipped f.o.b. origin or f.o.b. destination; or
1520 (ii) who pays the original Utah destination freight charge.
1521 Section 33. Section 59-14-803 is amended to read:
1522 59-14-803. License to sell electronic cigarette product or nicotine product.
1523 (1) [
1524 distribute an electronic cigarette product [
1525 first:
1526 (a) except as provided in Subsection (2), obtaining a license from the commission
1527 under this section to sell an electronic cigarette product [
1528
1529 (b) complying with any bonding requirement described in Subsection (5).
1530 (2) A person that holds a valid license to sell cigarettes under Section 59-14-201[
1531 person that holds a valid license to sell tobacco products under Section 59-14-301[
1532 without obtaining a separate license [
1533 accordance with this section, sell, offer to sell, or distribute an electronic cigarette product [
1534
1535 (3) The commission shall issue a license to sell an electronic cigarette product or a
1536 nicotine product to a person that submits an application, on a form created by the commission,
1537 that includes:
1538 (a) the person's name;
1539 (b) the address of the facility where the person will sell an electronic cigarette product
1540 or a nicotine product; and
1541 (c) any other information the commission requires to implement this chapter.
1542 (4) A license described in Subsection (3) is:
1543 (a) valid only at one fixed business address;
1544 (b) valid for three years;
1545 (c) valid only for a physical location; and
1546 (d) renewable if a licensee meets the criteria for licensing described in Subsection (3).
1547 (5) (a) The commission shall require a manufacturer, jobber, distributor, wholesaler, or
1548 retailer that is responsible under this part for the collection of tax on an electronic cigarette
1549 substance, a prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic
1550 nicotine device substance, or a prefilled nontherapeutic nicotine device to post a bond.
1551 (b) The manufacturer, jobber, distributor, wholesaler, or retailer may post the bond
1552 required by Subsection (5)(a) in combination with any bond required by Section 59-14-201 or
1553 59-14-301.
1554 (c) Subject to Subsection (5)(d), the commission shall determine the form and amount
1555 of the bond.
1556 (d) The minimum amount of the bond shall be:
1557 (i) except as provided in Subsection (5)(d)(ii) or (iii), $500;
1558 (ii) if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond
1559 required by Subsection (5)(a) in combination with a bond required by either Section 59-14-201
1560 or 59-14-301, $1,000; or
1561 (iii) if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond
1562 required by Subsection (5)(a) in combination with a bond required by both Sections 59-14-201
1563 and 59-14-301, $1,500.
1564 [
1565 Utah Administrative Rulemaking Act, to establish the additional information described in
1566 Subsection (3)(c) that a person [
1567 (3).
1568 [
1569 [
1570 Section 34. Section 59-14-804 is enacted to read:
1571 59-14-804. Taxation of electronic cigarette substance, prefilled electronic
1572 cigarette, alternative nicotine product, nontherapeutic nicotine device substance, and
1573 prefilled nontherapeutic nicotine device.
1574 (1) (a) Beginning on July 1, 2020, a tax is imposed upon the following:
1575 (i) an electronic cigarette substance; and
1576 (ii) a prefilled electronic cigarette.
1577 (b) Beginning on July 1, 2021, a tax is imposed upon an alternative nicotine product.
1578 (2) (a) (i) The amount of tax imposed under Subsection (1)(a) is .56 multiplied by the
1579 manufacturer's sales price.
1580 (b) (i) The tax described in Subsection (1)(b) on an alternative nicotine product is
1581 imposed:
1582 (A) at a rate of $1.83 per ounce; and
1583 (B) on the basis of the net weight of the alternative nicotine product as listed by the
1584 manufacturer.
1585 (ii) If the net weight of the alternative nicotine product is in a quantity that is a
1586 fractional part of one ounce, a proportionate amount of the tax described in Subsection
1587 (2)(b)(i)(A) is imposed:
1588 (A) on that fractional part of one ounce; and
1589 (B) in accordance with rules made by the commission in accordance with Title 63G,
1590 Chapter 3, Utah Administrative Rulemaking Act.
1591 (3) If a product is sold in the same package as a product that is taxed under Subsection
1592 (1)(a), the tax described in Subsection (2)(a)(i) shall apply to the wholesale manufacturer's sale
1593 price of the entire packaged product.
1594 (4) (a) A manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user shall
1595 pay the tax levied under Subsection (1) at the time that an electronic cigarette substance, a
1596 prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic nicotine device
1597 substance, or a prefilled nontherapeutic nicotine device is first received in the state.
1598 (b) A manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user may not
1599 resell an electronic cigarette substance, a prefilled electronic cigarette, an alternative nicotine
1600 product, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine
1601 device to another distributor, another retailer, or a consumer before paying the tax levied under
1602 Subsection (1).
1603 (5) (a) The manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user
1604 shall remit the taxes collected in accordance with this section to the commission.
1605 (b) The commission shall deposit revenues generated by the tax imposed by this
1606 section into the Electronic Cigarette Substance and Nicotine Product Tax Restricted Account
1607 created in Section 59-14-807.
1608 Section 35. Section 59-14-805 is enacted to read:
1609 59-14-805. Remittance of tax -- Returns -- Invoice required -- Filing requirement--
1610 Exception -- Penalty -- Overpayment.
1611 (1) (a) The manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user
1612 that collects the tax imposed on an electronic cigarette substance, a prefilled electronic
1613 cigarette, an alternative nicotine product, a nontherapeutic nicotine device substance, or a
1614 prefilled nontherapeutic nicotine device shall remit to the commission, in an electronic format
1615 approved by the commission:
1616 (i) the tax collected in the previous calendar quarter; and
1617 (ii) the quarterly tax return.
1618 (b) The tax collected and the return are due on or before the last day of April, July,
1619 October, and January.
1620 (2) (a) A manufacturer, jobber, distributor, wholesaler, retailer, or any other person
1621 selling an electronic cigarette substance, a prefilled electronic cigarette, an alternative nicotine
1622 product, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine
1623 device to a person other than the ultimate consumer shall furnish the purchaser with an
1624 itemized invoice showing:
1625 (i) the seller's name and address;
1626 (ii) the name and address of the purchaser;
1627 (iii) the date of sale;
1628 (iv) the name and price of the product; and
1629 (v) the discount, if any.
1630 (b) The invoice shall show whether the price includes the tax.
1631 (c) The seller and the purchaser shall retain copies of the invoice and make the invoice
1632 available for inspection at the request of the commission or the commission's agent for a period
1633 of three years following the sale.
1634 (3) (a) A consumer that purchases an untaxed electronic cigarette substance, prefilled
1635 electronic cigarette, alternative nicotine product, nontherapeutic nicotine device substance, or
1636 prefilled nontherapeutic nicotine device for use or other consumption shall:
1637 (i) file with the commission, on forms prescribed by the commission, a statement
1638 showing the quantity and description of the item subject to tax under this part; and
1639 (ii) pay the tax imposed by this part on that item.
1640 (b) The consumer shall file the statement described in Subsection (3)(a) and pay the tax
1641 due on or before the last day of the month immediately following the month during which the
1642 consumer purchased an untaxed electronic cigarette substance, prefilled electronic cigarette,
1643 alternative nicotine device substance, nontherapeutic nicotine product, or prefilled
1644 nontherapeutic nicotine device.
1645 (c) A consumer shall maintain records necessary to determine the amount of tax the
1646 consumer is liable to pay under this part for a period of three years following the date on which
1647 the statement required by this section was filed.
1648 (4) A tourist who imports an untaxed electronic cigarette substance, a prefilled
1649 electronic cigarette, an alternative nicotine product, a nontherapeutic nicotine device substance,
1650 or a prefilled nontherapeutic nicotine device into the state does not need to file the statement
1651 described in Subsection (3) or pay the tax if the item is for the tourist's own use or consumption
1652 while in this state.
1653 (5) In addition to the tax required by this part, a person shall pay a penalty as provided
1654 in Section 59-1-401, plus interest at the rate and in the manner prescribed in Section 59-1-402,
1655 if a person subject to this section fails to:
1656 (a) pay the tax prescribed by this part;
1657 (b) pay the tax on time; or
1658 (c) file a return required by this part.
1659 (6) An overpayment of a tax imposed by this part shall accrue interest at the rate and in
1660 the manner prescribed in Section 59-1-402.
1661 Section 36. Section 59-14-806 is enacted to read:
1662 59-14-806. Refund of taxes paid -- Exemption for exported electronic cigarettes
1663 and nicotine products.
1664 (1) When an electronic cigarette substance, a prefilled electronic cigarette, an
1665 alternative nicotine product, a nontherapeutic nicotine device substance, or a prefilled
1666 nontherapeutic nicotine device taxed under this chapter is sold and shipped to a regular dealer
1667 in those articles in another state, the seller in this state shall be entitled to a refund of the actual
1668 amount of the taxes paid, upon condition that the seller in this state:
1669 (a) is a licensed dealer;
1670 (b) signs an affidavit that the electronic cigarette substance, the prefilled electronic
1671 cigarette, the alternative nicotine product, the nontherapeutic nicotine device substance, or the
1672 prefilled nontherapeutic nicotine device was sold and shipped to a regular dealer in those
1673 articles in another state;
1674 (c) furnishes, from the purchaser, a written acknowledgment that the purchaser has
1675 received the electronic cigarette substance, the prefilled electronic cigarette, the alternative
1676 nicotine product, the nontherapeutic nicotine device substance, or the prefilled nontherapeutic
1677 nicotine device; and
1678 (d) reports the name and address of the purchaser.
1679 (2) A wholesaler or distributor in this state that exports an electronic cigarette
1680 substance, a prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic
1681 nicotine device substance, or a prefilled nontherapeutic nicotine device to a regular dealer in
1682 those articles in another state shall be exempt from the payment of any tax under this chapter
1683 upon furnishing proof of the sale and exportation as the commission may require.
1684 Section 37. Section 59-14-807 is enacted to read:
1685 59-14-807. Electronic Cigarette Substance and Nicotine Product Tax Restricted
1686 Account.
1687 (1) There is created within the General Fund a restricted account known as the
1688 "Electronic Cigarette Substance and Nicotine Product Tax Restricted Account."
1689 (2) The Electronic Cigarette Substance and Nicotine Product Tax Restricted Account
1690 consists of:
1691 (a) revenues collected from the tax imposed by Section 59-14-804; and
1692 (b) amounts appropriated by the Legislature.
1693 (3) For each fiscal year, beginning with fiscal year 2021, and subject to appropriation
1694 by the Legislature, the Division of Finance shall distribute from the Electronic Cigarette
1695 Substance and Nicotine Product Tax Restricted Account:
1696 (a) $2,000,000 to the local health departments as directed by the Department of Health,
1697 which shall be allocated to each local health department using the formula created in
1698 accordance with Section 26A-1-116;
1699 (b) $2,000,000 to the Department of Health for statewide cessation programs and
1700 prevention education;
1701 (c) $1,000,000 to the Department of Human Services;
1702 (d) $1,180,000 to the Department of Public Safety for a law enforcement officers
1703 aimed at disrupting organizations and networks that provide tobacco products, electronic
1704 cigarette products, nicotine products, and other illegal controlled substances to minors; and
1705 (e) $3,000,000 to the local health departments as directed by the Department of Health,
1706 which shall be allocated to each local health department using the formula created in
1707 accordance with Section 26A-1-116.
1708 (4) (a) The local health departments shall use the money received in accordance with
1709 Subsection (3)(a) for enforcing:
1710 (i) the regulation provisions described in Section 26-57-103;
1711 (ii) the labeling requirement described in Section 26-57-104; and
1712 (iii) the penalty provisions described in Section 26-62-305.
1713 (b) The Department of Health shall use the money received in accordance with
1714 Subsection (3)(b) for the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
1715 Program created in Section 26-7-10.
1716 (c) The Department of Human Services shall use the money received in accordance
1717 with Subsection (3)(c) to provide substance abuse treatment.
1718 (d) The local health department shall use the money received in accordance with
1719 Subsection (3)(e) to issue grants under the Electronic Cigarette, Marijuana, and Other Drug
1720 Prevention Grant Program created in Section 26A-1-129.
1721 (5) (a) The fund shall earn interest.
1722 (b) All interest earned on fund money shall be deposited into the fund.
1723 (6) Subject to legislative appropriations, funds remaining in the Electronic Cigarette
1724 Substance and Nicotine Product Tax Restricted Account after the distribution described in
1725 Subsection (3) may only be used for programs and activities related to the prevention and
1726 cessation of electronic cigarette, marijuana, and other drug use.
1727 Section 38. Section 59-14-808 is enacted to read:
1728 59-14-808. Restrictions on mail order or Internet sales.
1729 (1) For purposes of this section:
1730 (a) "Distributor" means a person, wherever residing or located, who:
1731 (i) is licensed in this state to purchase a non-taxed nicotine product or a non-taxed
1732 electronic cigarette product; and
1733 (ii) stores, sells, or otherwise disposes of a nicotine product or an electronic cigarette
1734 product.
1735 (b) "Licensed person" means the same as that term is defined in Section 59-14-409.
1736 (c) "Order or purchase" includes:
1737 (i) by mail or delivery service;
1738 (ii) through the Internet or computer network;
1739 (iii) by telephone; or
1740 (iv) through some other electronic method.
1741 (d) "Retailer" means any person who sells a nicotine product or an electronic cigarette
1742 product to consumers for personal consumption.
1743 (2) A person, distributor, manufacturer, or retailer shall not:
1744 (a) cause a nicotine product or an electronic cigarette product to be ordered or
1745 purchased by anyone other than a licensed person; or
1746 (b) knowingly provide substantial assistance to a person who violates this section.
1747 (3) (a) Each order or purchase of a nicotine product or an electronic cigarette product in
1748 violation of Subsection (2) constitutes a separate violation under this section.
1749 (b) In addition to the penalties in Subsection (4), a person who violates this section is
1750 subject to:
1751 (i) a civil penalty in an amount not to exceed $5,000 for each violation of this section;
1752 (ii) an injunction to restrain a threatened or actual violation of this section; and
1753 (iii) recovery by the state for:
1754 (A) the costs of investigation;
1755 (B) the cost of expert witness fees;
1756 (C) the cost of the action; and
1757 (D) reasonable attorney's fees.
1758 (4) A person who knowingly violates this section has engaged in an unfair and
1759 deceptive trade practice in violation of Title 13, Chapter 5, Unfair Practices Act, and the court
1760 shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged
1761 and paid to the state treasurer for deposit in the General Fund.
1762 Section 39. Section 63I-1-226 is amended to read:
1763 63I-1-226. Repeal dates, Title 26.
1764 (1) Section 26-1-40 is repealed July 1, 2022.
1765 (2) Section 26-7-10 is repealed July 1, 2025.
1766 [
1767 July 1, 2025.
1768 [
1769 [
1770 [
1771 Crisis Line Commission created in Section 63C-18-202" is repealed July 1, 2023.
1772 [
1773 (7) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
1774 (8) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2024.
1775 (9) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
1776 July 1, 2024.
1777 (10) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
1778 (11) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
1779 Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2023.
1780 (12) Subsection 26-61a-108(2)(e)(i), related to the Native American Legislative
1781 Liaison Committee, is repealed July 1, 2022.
1782 (13) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
1783 July 1, 2026.
1784 Section 40. Section 76-8-311.3 is amended to read:
1785 76-8-311.3. Items prohibited in correctional and mental health facilities --
1786 Penalties.
1787 (1) As used in this section:
1788 (a) "Contraband" means any item not specifically prohibited for possession by
1789 offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
1790 (b) "Controlled substance" means any substance defined as a controlled substance
1791 under Title 58, Chapter 37, Utah Controlled Substances Act.
1792 (c) "Correctional facility" means:
1793 (i) any facility operated by or contracting with the Department of Corrections to house
1794 offenders in either a secure or nonsecure setting;
1795 (ii) any facility operated by a municipality or a county to house or detain criminal
1796 offenders;
1797 (iii) any juvenile detention facility; and
1798 (iv) any building or grounds appurtenant to the facility or lands granted to the state,
1799 municipality, or county for use as a correctional facility.
1800 (d) "Electronic cigarette product" [
1801 Section 76-10-101.
1802 (e) "Medicine" means any prescription drug as defined in Title 58, Chapter 17b,
1803 Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,
1804 Chapter 37, Utah Controlled Substances Act.
1805 (f) "Mental health facility" [
1806 62A-15-602.
1807 (g) "Offender" means a person in custody at a correctional facility.
1808 (h) "Secure area" [
1809 (2) Notwithstanding Section 76-10-500, a correctional or mental health facility may
1810 provide by rule that no firearm, ammunition, dangerous weapon, implement of escape,
1811 explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any
1812 quantity may be:
1813 (a) transported to or upon a correctional or mental health facility;
1814 (b) sold or given away at any correctional or mental health facility;
1815 (c) given to or used by any offender at a correctional or mental health facility; or
1816 (d) knowingly or intentionally possessed at a correctional or mental health facility.
1817 (3) It is a defense to any prosecution under this section if the accused in committing the
1818 act made criminal by this section with respect to:
1819 (a) a correctional facility operated by the Department of Corrections, acted in
1820 conformity with departmental rule or policy;
1821 (b) a correctional facility operated by a municipality, acted in conformity with the
1822 policy of the municipality;
1823 (c) a correctional facility operated by a county, acted in conformity with the policy of
1824 the county; or
1825 (d) a mental health facility, acted in conformity with the policy of the mental health
1826 facility.
1827 (4) (a) Any [
1828 a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or
1829 implement of escape with intent to provide or sell it to any offender, is guilty of a second
1830 degree felony.
1831 (b) Any [
1832 facility, or any detainee at a secure area of a mental health facility, any firearm, ammunition,
1833 dangerous weapon, or implement of escape is guilty of a second degree felony.
1834 (c) Any offender who possesses at a correctional facility, or any detainee who
1835 possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous
1836 weapon, or implement of escape is guilty of a second degree felony.
1837 (d) Any [
1838 correctional facility or the secure area of a mental health facility, knowingly possesses at a
1839 correctional facility or a secure area of a mental health facility any firearm, ammunition,
1840 dangerous weapon, or implement of escape is guilty of a third degree felony.
1841 (e) Any [
1842 transports, possesses, distributes, or sells any explosive in a correctional facility or mental
1843 health facility.
1844 (5) (a) [
1845 permission of the authority operating the correctional facility or secure area of a mental health
1846 facility, knowingly transports to or upon a correctional facility or into a secure area of a mental
1847 health facility any:
1848 (i) spirituous or fermented liquor;
1849 (ii) medicine, whether or not lawfully prescribed for the offender; or
1850 (iii) poison in any quantity.
1851 (b) [
1852 correctional or mental health facility policy or rule by providing or selling to any offender at a
1853 correctional facility or detainee within a secure area of a mental health facility any:
1854 (i) spirituous or fermented liquor;
1855 (ii) medicine, whether or not lawfully prescribed for the offender; or
1856 (iii) poison in any quantity.
1857 (c) An inmate is guilty of a third degree felony who, in violation of correctional or
1858 mental health facility policy or rule, possesses at a correctional facility or in a secure area of a
1859 mental health facility any:
1860 (i) spirituous or fermented liquor;
1861 (ii) medicine, other than medicine provided by the facility's health care providers in
1862 compliance with facility policy; or
1863 (iii) poison in any quantity.
1864 (d) [
1865 directly or indirectly provide or sell any tobacco product or electronic cigarette product to an
1866 offender, directly or indirectly:
1867 (i) transports, delivers, or distributes any tobacco product or electronic cigarette
1868 product to an offender or on the grounds of any correctional facility;
1869 (ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
1870 person to transport any tobacco product or electronic cigarette product to an offender or on any
1871 correctional facility, if the person is acting with the mental state required for the commission of
1872 an offense; or
1873 (iii) facilitates, arranges, or causes the transport of any tobacco product or electronic
1874 cigarette product in violation of this section to an offender or on the grounds of any
1875 correctional facility.
1876 (e) [
1877 permission of the authority operating the correctional or mental health facility, fails to declare
1878 or knowingly possesses at a correctional facility or in a secure area of a mental health facility
1879 any:
1880 (i) spirituous or fermented liquor;
1881 (ii) medicine; or
1882 (iii) poison in any quantity.
1883 (f) (i) [
1884 class B misdemeanor who, without the permission of the authority operating the correctional
1885 facility, knowingly engages in any activity that would facilitate the possession of any
1886 contraband by an offender in a correctional facility.
1887 (ii) The provisions of Subsection (5)(d) regarding any tobacco product or electronic
1888 cigarette product take precedence over this Subsection (5)(f).
1889 (g) Exemptions may be granted for worship for Native American inmates pursuant to
1890 Section 64-13-40.
1891 (6) The possession, distribution, or use of a controlled substance at a correctional
1892 facility or in a secure area of a mental health facility shall be prosecuted in accordance with
1893 Title 58, Chapter 37, Utah Controlled Substances Act.
1894 (7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative
1895 Rulemaking Act, to establish guidelines for providing written notice to visitors that providing
1896 any tobacco product or electronic cigarette to offenders is a class A misdemeanor.
1897 Section 41. Section 76-10-101 is amended to read:
1898 76-10-101. Definitions.
1899 As used in this part:
1900 (1) (a) "Alternative nicotine product" means a product, other than a cigarette, a
1901 counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine product, or a
1902 tobacco product, that:
1903 (i) contains nicotine;
1904 (ii) is intended for human consumption;
1905 (iii) is not purchased with a prescription from a licensed physician; and
1906 (iv) is not approved by the United States Food and Drug Administration as nicotine
1907 replacement therapy.
1908 (b) "Alternative nicotine product" includes:
1909 (i) pure nicotine;
1910 (ii) snortable nicotine;
1911 (iii) dissolvable salts, orbs, pellets, sticks, or strips; and
1912 (iv) nicotine-laced food and beverage.
1913 (c) "Alternative nicotine product" does not include a fruit, a vegetable, or a tea that
1914 contains naturally occurring nicotine.
1915 [
1916 ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in
1917 any substance containing tobacco, other than any roll of tobacco that is a cigarette [
1918
1919 [
1920 under ordinary conditions of use, and consists of:
1921 (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
1922 (b) any roll of tobacco wrapped in any substance containing tobacco which, because of
1923 its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to
1924 be offered to, or purchased by, consumers as a cigarette described in Subsection [
1925 [
1926
1927 (4) (a) "Electronic cigarette" means:
1928 (i) any electronic oral device:
1929 (A) that provides an aerosol or a vapor of nicotine or other substance; and
1930 (B) which simulates smoking through its use or through inhalation of the device;
1931 (ii) a component of the device described in Subsection (4)(a)(i); and
1932 (iii) an accessory sold in the same package as the device described in Subsection
1933 (7)(a)(i).
1934 (b) "Electronic cigarette" includes an oral device that is:
1935 (i) composed of a heating element, battery, or electronic circuit; and
1936 (ii) marketed, manufactured, distributed, or sold as:
1937 (A) an e-cigarette;
1938 (B) an e-cigar;
1939 (C) an e-pipe; or
1940 (D) any other product name or descriptor, if the function of the product meets the
1941 definition of Subsection (4)(a).
1942 (5) "Electronic cigarette product" means an electronic cigarette, an electronic cigarette
1943 substance, or a prefilled electronic cigarette.
1944 (6) "Electronic cigarette substance" means any substance, including liquid containing
1945 nicotine, used or intended for use in an electronic cigarette.
1946 (7) "Nicotine" means a poisonous, nitrogen containing chemical that is made
1947 synthetically or derived from tobacco or other plants.
1948 (8) "Nicotine product" means an alternative nicotine product or a nontherapeutic
1949 nicotine product.
1950 (9) (a) "Nontherapeutic nicotine device" means a device that:
1951 (i) has a pressurized canister that is used to administer nicotine to the user through
1952 inhalation or intranasally;
1953 (ii) is not purchased with a prescription from a licensed physician; and
1954 (iii) is not approved by the United States Food and Drug Administration as nicotine
1955 replacement therapy.
1956 (b) "Nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or a
1957 nontherapeutic nicotine nasal spray.
1958 (10) "Nontherapeutic nicotine device substance" means a substance that:
1959 (a) contains nicotine;
1960 (b) is sold in a cartridge for use in a nontherapeutic nicotine device;
1961 (c) is not purchased with a prescription from a licensed physician; and
1962 (d) is not approved by the United States Food and Drug Administration as nicotine
1963 replacement therapy.
1964 (11) "Nontherapeutic nicotine product" means a nontherapeutic nicotine device, a
1965 nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device.
1966 [
1967 (a) a shop;
1968 (b) a store;
1969 (c) a factory;
1970 (d) a public garage;
1971 (e) an office;
1972 (f) a theater;
1973 (g) a recreation hall;
1974 (h) a dance hall;
1975 (i) a poolroom;
1976 (j) a café;
1977 (k) a cafeteria;
1978 (l) a cabaret;
1979 (m) a restaurant;
1980 (n) a hotel;
1981 (o) a lodging house;
1982 (p) a streetcar;
1983 (q) a bus;
1984 (r) an interurban or railway passenger coach;
1985 (s) a waiting room; and
1986 (t) any other place of business.
1987 (13) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled
1988 with an electronic cigarette substance.
1989 (14) "Prefilled nontherapeutic nicotine device" means a nontherapeutic nicotine device
1990 that is sold prefilled with a nontherapeutic nicotine device substance.
1991 [
1992 lighted smoking equipment.
1993 (16) (a) "Tobacco paraphernalia" means equipment, product, or material of any kind
1994 that is used, intended for use, or designed for use to package, repackage, store, contain,
1995 conceal, ingest, inhale, or otherwise introduce a cigar, a cigarette, an electronic cigarette
1996 substance, a nontherapeutic nicotine device substance, or tobacco in any form into the human
1997 body.
1998 (b) "Tobacco paraphernalia" includes:
1999 (i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
2000 screens, permanent screens, hashish heads, or punctured metal bowls;
2001 (ii) water pipes;
2002 (iii) carburetion tubes and devices;
2003 (iv) smoking and carburetion masks;
2004 (v) roach clips, meaning objects used to hold burning material, such as a cigarette, that
2005 has become too small or too short to be held in the hand;
2006 (vi) chamber pipes;
2007 (vii) carburetor pipes;
2008 (viii) electric pipes;
2009 (ix) air-driven pipes;
2010 (x) chillums;
2011 (xi) bongs; and
2012 (xii) ice pipes or chillers.
2013 (c) "Tobacco paraphernalia" does not include matches or lighters.
2014 (17) "Tobacco product" means:
2015 (a) a cigar;
2016 (b) a cigarette;
2017 (c) a tobacco product, including:
2018 (i) chewing tobacco; and
2019 (ii) any substitute for a tobacco product, including flavoring or additives to tobacco;
2020 and
2021 (d) tobacco paraphernalia.
2022 Section 42. Section 76-10-103 (Effective 07/01/20) is amended to read:
2023 76-10-103 (Effective 07/01/20). Permitting minors to use tobacco products,
2024 electronic cigarette products, or nicotine products in place of business.
2025 It is a class C misdemeanor for the proprietor of any place of business to knowingly
2026 permit an individual under [
2027 while the individual is using [
2028 nicotine product.
2029 [
2030 [
2031 Section 43. Section 76-10-104 (Effective 07/01/20) is amended to read:
2032 76-10-104 (Effective 07/01/20). Providing a cigar, a cigarette, an electronic
2033 cigarette product, a nicotine product, or tobacco to a minor -- Penalties.
2034 [
2035
2036
2037
2038
2039 [
2040 [
2041 [
2042 (a) includes selling, giving, furnishing, sending, or causing to be sent; and
2043 (b) does not include the acts of the United States Postal Service or other common
2044 carrier when engaged in the business of transporting and delivering packages for others or the
2045 acts of a person, whether compensated or not, who transports or delivers a package for another
2046 person without any reason to know of the package's content.
2047 (2) An individual is guilty of a class C misdemeanor on the first offense, a class B
2048 misdemeanor on the second offense, and a class A misdemeanor on subsequent offenses if the
2049 individual knowingly, intentionally, recklessly, or with criminal negligence provides a cigar, a
2050 cigarette, an electronic cigarette product, a nicotine product, or tobacco in any form to an
2051 individual who is under 21 years old.
2052 Section 44. Section 76-10-104.1 (Effective 07/01/20) is amended to read:
2053 76-10-104.1 (Effective 07/01/20). Providing tobacco paraphernalia to a minor --
2054 Penalties.
2055 (1) For purposes of this section[
2056 [
2057 [
2058 [
2059 carrier when engaged in the business of transporting and delivering packages for others or the
2060 acts of a person, whether compensated or not, who transports or delivers a package for another
2061 person without any reason to know of the package's content.
2062 [
2063
2064
2065
2066 [
2067
2068 [
2069 [
2070 [
2071 [
2072
2073 [
2074 [
2075 [
2076 [
2077 [
2078 [
2079 [
2080 [
2081 (2) (a) It is unlawful for [
2082 recklessly, or with criminal negligence provide tobacco paraphernalia to an individual under[
2083 21 years old.
2084 [
2085 [
2086 (b) [
2087 misdemeanor on the first offense and a class B misdemeanor on subsequent offenses.
2088 Section 45. Section 76-10-105 (Effective 07/01/20) is amended to read:
2089 76-10-105 (Effective 07/01/20). Buying or possessing a cigar, a cigarette, an
2090 electronic cigarette product, a nicotine product, or tobacco by a minor -- Penalty --
2091 Compliance officer authority -- Juvenile court jurisdiction.
2092 (1) [
2093
2094 possession any cigar, cigarette, electronic cigarette product, nicotine product, or tobacco in any
2095 form is guilty of an infraction and subject to:
2096 [
2097 [
2098 which may include a participation fee.
2099 [
2100 [
2101 [
2102 (2) (a) An individual under the age of 18 who buys or attempts to buy, accepts, or has
2103 in the individual's possession any cigar, cigarette, electronic cigarette product, nicotine product,
2104 or tobacco in any form is subject to the jurisdiction of the juvenile court and subject to Section
2105 78A-6-602, unless the violation is committed on school property.
2106 (b) If a violation under this section is adjudicated under Section 78A-6-117, the minor
2107 may be subject to the following:
2108 [
2109 [
2110 include a participation fee.
2111 (3) (a) A compliance officer appointed by a board of education under Section
2112 53G-4-402 may not issue a citation for a violation of this section committed on school
2113 property.
2114 (b) A cited violation committed on school property shall be addressed in accordance
2115 with Section 53G-8-211.
2116 [
2117
2118
2119 [
2120 [
2121
2122 [
2123
2124 Section 46. Section 76-10-105.1 (Effective 07/01/20) is amended to read:
2125 76-10-105.1 (Effective 07/01/20). Requirement of direct, face-to-face sale of a
2126 cigarette, tobacco, an electronic cigarette product, or a nicotine product -- Minors not
2127 allowed in tobacco specialty shop -- Penalties.
2128 (1) As used in this section:
2129 (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
2130 (b) (i) "Face-to-face exchange" means a transaction made in person between an
2131 individual and a retailer or retailer's employee.
2132 (ii) "Face-to-face exchange" does not include a sale through a:
2133 (A) vending machine; or
2134 (B) self-service display.
2135 (c) "Retailer" means a person who:
2136 (i) sells a cigarette, tobacco, [
2137 to an individual for personal consumption; or
2138 (ii) operates a facility with a vending machine that sells a cigarette, tobacco, [
2139 electronic cigarette product, or a nicotine product.
2140 (d) "Self-service display" means a display of a cigarette, tobacco, [
2141 cigarette product, or a nicotine product to which the public has access without the intervention
2142 of a retailer or retailer's employee.
2143 (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
2144 (f) "Tobacco specialty shop" means a "retail tobacco specialty business" as that term is
2145 defined:
2146 (i) as it relates to a municipality, in Section 10-8-41.6; and
2147 (ii) as it relates to a county, in Section 17-50-333.
2148 (2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, [
2149 electronic cigarette product, or a nicotine product only in a face-to-face exchange.
2150 (3) The face-to-face sale requirement in Subsection (2) does not apply to:
2151 (a) a mail-order, telephone, or Internet sale made in compliance with Section
2152 59-14-509;
2153 (b) a sale from a vending machine or self-service display that is located in an area of a
2154 retailer's facility:
2155 (i) that is distinct and separate from the rest of the facility; and
2156 (ii) where the retailer only allows an individual who complies with Subsection (4) to be
2157 present; or
2158 (c) a sale at a tobacco specialty shop.
2159 (4) [
2160 years old may not enter or be present at a tobacco specialty shop unless the individual is:
2161 [
2162 [
2163 purchase a cigarette, tobacco, [
2164 [
2165
2166 [
2167 [
2168 [
2169 (5) A parent or legal guardian who accompanies, under Subsection (4)(a)[
2170 individual into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not
2171 allow the individual to purchase a cigarette, tobacco, [
2172 nicotine product.
2173 (6) A violation of Subsection (2) or (4) is a:
2174 (a) class C misdemeanor on the first offense;
2175 (b) class B misdemeanor on the second offense; and
2176 (c) class A misdemeanor on the third and all subsequent offenses.
2177 (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
2178 under Section 76-10-104.
2179 (8) (a) An ordinance, regulation, or rule adopted by the governing body of a political
2180 subdivision of the state or by a state agency that affects the sale, minimum age of sale,
2181 placement, or display of [
2182 cigarette product, or a nicotine product that is not essentially identical to this section and
2183 Section 76-10-102 is superseded.
2184 (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
2185 ordinance by a municipal or county government.
2186 Section 47. Section 76-10-111 is amended to read:
2187 76-10-111. Restrictions on sale of smokeless tobacco or electronic cigarette
2188 products -- Exceptions.
2189 (1) The Legislature finds that:
2190 (a) smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who
2191 use those products because research indicates that they may cause mouth or oral cancers;
2192 (b) the use of smokeless tobacco among juveniles in this state is increasing rapidly;
2193 (c) the use of electronic [
2194 such as the use of tobacco products; and
2195 (d) it is necessary to restrict the gift of the products described in this Subsection (1) in
2196 the interest of the health of the citizens of this state.
2197 (2) (a) Except as provided in Subsection (3), it is unlawful for a manufacturer,
2198 wholesaler, and retailer to:
2199 (i) give or distribute without charge any smokeless tobacco, chewing tobacco, or
2200 electronic cigarette product in this state[
2201 (ii) sell, offer for sale, or furnish any electronic cigarette product at less than 90% of
2202 the cost, including the amount of any applicable tax, of the product to the manufacturer,
2203 wholesaler, or retailer; or
2204 (iii) give, distribute, sell, offer for sale, or furnish any electronic cigarette product for
2205 free or at a lower price because the recipient of the electronic cigarette product makes another
2206 purchase.
2207 (b) The price that a manufacturer, wholesaler, or retailer may charge under Subsection
2208 (2)(a)(ii) does not include a discount for:
2209 (i) a physical manufacturer coupon:
2210 (A) that is surrendered to the wholesaler or retailer at the time of sale; and
2211 (B) for which the manufacturer will reimburse the wholesaler or the retailer for the full
2212 amount of the discount described in the manufacturer coupon and provided to the purchaser;
2213 (ii) a rebate that will be paid to the manufacturer, the wholesaler, or the retailer for the
2214 full amount of the rebate provided to the purchaser; or
2215 (iii) a promotional fund that will be paid to the manufacturer, the wholesaler, or the
2216 retailer for the full amount of the promotional fund provided to the purchaser.
2217 (c) Any [
2218 (i) a class C misdemeanor for the first offense[
2219 (ii) a class B misdemeanor for any subsequent offense.
2220 (3) [
2221 be distributed to adults without charge at professional conventions where the general public is
2222 excluded.
2223 [
2224
2225
2226 Section 48. Section 77-39-101 (Effective 07/01/20) is amended to read:
2227 77-39-101 (Effective 07/01/20). Investigation of sales of alcohol, tobacco, and
2228 electronic cigarette products to underage individuals.
2229 (1) As used in this section, "electronic cigarette product" [
2230 term is defined in Section 76-10-101.
2231 (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
2232 Classifications, may investigate the possible violation of:
2233 (i) Section 32B-4-403 by requesting an individual under 21 years old to enter into and
2234 attempt to purchase or make a purchase of alcohol from a retail establishment; or
2235 (ii) Section 76-10-104 by requesting an individual under [
2236
2237 retail establishment of:
2238 (A) a cigar;
2239 (B) a cigarette;
2240 (C) tobacco in any form; or
2241 (D) an electronic cigarette product.
2242 (b) A peace officer who is present at the site of a proposed purchase shall direct,
2243 supervise, and monitor the individual requested to make the purchase.
2244 (c) Immediately following a purchase or attempted purchase or as soon as practical the
2245 supervising peace officer shall inform the cashier and the proprietor or manager of the retail
2246 establishment that the attempted purchaser was under the legal age to purchase:
2247 (i) alcohol; or
2248 (ii) (A) a cigar;
2249 (B) a cigarette;
2250 (C) tobacco in any form; or
2251 (D) an electronic cigarette product.
2252 (d) If a citation or information is issued, it shall be issued within seven days of the
2253 purchase.
2254 [
2255 [
2256 [
2257 (3) (a) If an individual under the age of 18 years old is requested to attempt a purchase,
2258 a written consent of that individual's parent or guardian shall be obtained prior to that
2259 individual participating in any attempted purchase.
2260 (b) An individual requested by the peace officer to attempt a purchase may:
2261 (i) be a trained volunteer; or
2262 (ii) receive payment, but may not be paid based on the number of successful purchases
2263 of alcohol, tobacco, or an electronic cigarette product.
2264 (4) The individual requested by the peace officer to attempt a purchase and anyone
2265 accompanying the individual attempting a purchase may not during the attempted purchase
2266 misrepresent the age of the individual by false or misleading identification documentation in
2267 attempting the purchase.
2268 (5) An individual requested to attempt to purchase or make a purchase pursuant to this
2269 section is immune from prosecution, suit, or civil liability for the purchase of, attempted
2270 purchase of, or possession of alcohol, a cigar, a cigarette, tobacco in any form, or an electronic
2271 cigarette product if a peace officer directs, supervises, and monitors the individual.
2272 (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
2273 shall be conducted:
2274 (i) on a random basis; and
2275 (ii) within a 12-month period at any one retail establishment location not more often
2276 than:
2277 (A) two times for the attempted purchase of:
2278 (I) a cigar;
2279 (II) a cigarette;
2280 (III) tobacco in any form; or
2281 (IV) an electronic cigarette product; and
2282 (B) four times for the attempted purchase of alcohol.
2283 (b) This section does not prohibit an investigation or an attempt to purchase tobacco
2284 under this section if:
2285 (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
2286 cigar, a cigarette, tobacco in any form, or an electronic cigarette product to an individual under
2287 the age established by Section 32B-4-403 or 76-10-104; and
2288 (ii) the supervising peace officer makes a written record of the grounds for the
2289 reasonable suspicion.
2290 (7) (a) The peace officer exercising direction, supervision, and monitoring of the
2291 attempted purchase shall make a report of the attempted purchase, whether or not a purchase
2292 was made.
2293 (b) The report required by this Subsection (7) shall include:
2294 (i) the name of the supervising peace officer;
2295 (ii) the name of the individual attempting the purchase;
2296 (iii) a photograph of the individual attempting the purchase showing how that
2297 individual appeared at the time of the attempted purchase;
2298 (iv) the name and description of the cashier or proprietor from whom the individual
2299 attempted the purchase;
2300 (v) the name and address of the retail establishment; and
2301 (vi) the date and time of the attempted purchase.
2302 Section 49. Effective date.
2303 This bill takes effect on July 1, 2020.