Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 324 Fourth Substitute (2019GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/25/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• tiers the minimum age for obtaining, possessing, using, providing, or furnishing of tobacco products, paraphernalia, and under certain circumstances, electronic cigarettes from 19 to 20, then to 21 years old;
• preempts certain local government regulation relating to cigarettes, electronic cigarettes, or tobacco;
• provides exceptions for military members, their spouses, and dependents;
• addresses identification documents; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

TOBACCO AGE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Curtis S. Bramble
Cosponsors:
Cheryl K. Acton
Kyle R. Andersen
Melissa G. Ballard
Stewart E. Barlow
Joel K. Briscoe
Kay J. Christofferson
Jennifer Dailey-Provost
Brad M. Daw
Susan Duckworth
James A. Dunnigan
Stephen G. Handy
Suzanne Harrison
Jon Hawkins
Sandra Hollins
Eric K. Hutchings
Ken Ivory
Dan N. Johnson
Marsha Judkins
Brian S. King
Bradley G. Last
Kelly B. Miles
Carol Spackman Moss
Merrill F. Nelson
Derrin R. Owens
Lee B. Perry
Val K. Potter
Marie H. Poulson
Susan Pulsipher
Douglas V. Sagers
Lawanna Shurtliff
V. Lowry Snow
Robert M. Spendlove
Jeffrey D. Stenquist
Keven J. Stratton
Norman K. Thurston
Steve Waldrip
Raymond P. Ward
Christine F. Watkins
Elizabeth Weight
Mike Winder
LONG TITLE
General Description:
This bill modifies provisions related to an individual's age and tobacco, tobacco
paraphernalia, or electronic cigarettes.
Highlighted Provisions:
This bill:
▸ tiers the minimum age for obtaining, possessing, using, providing, or furnishing of
tobacco products, paraphernalia, and under certain circumstances, electronic cigarettes from 19
to 20, then to 21 years old;
▸ preempts certain local government regulation relating to cigarettes, electronic
cigarettes, or tobacco;
▸ provides exceptions for military members, their spouses, and dependents;
▸ addresses identification documents; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-8-47
, as last amended by Laws of Utah 2018, Chapter 189
26-62-205
, as enacted by Laws of Utah 2018, Chapter 231
26-62-304
, as renumbered and amended by Laws of Utah 2018, Chapter 231
26-62-305
, as renumbered and amended by Laws of Utah 2018, Chapter 231
51-9-203
, as last amended by Laws of Utah 2012, Chapter 242
53-3-207
, as last amended by Laws of Utah 2016, Chapter 350
53-3-806
, as last amended by Laws of Utah 2010, Chapter 276
59-14-703
, as enacted by Laws of Utah 2013, Chapter 148
76-10-103
, as enacted by Laws of Utah 1973, Chapter 196
76-10-104
, as last amended by Laws of Utah 2010, Chapter 114
76-10-104.1
, as last amended by Laws of Utah 2013, Chapter 278
76-10-105
, as last amended by Laws of Utah 2018, Chapter 415
76-10-105.1
, as last amended by Laws of Utah 2018, Chapter 231
77-39-101
, as last amended by Laws of Utah 2018, Chapter 231
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-47
 is amended to read:
10-8-47.
Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit
larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False pretenses
and embezzlement -- Sale of liquor, narcotics, or tobacco to minors -- Possession of
controlled substances -- Treatment of alcoholics and narcotics or drug addicts.
(1) A municipal legislative body may:
(a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
battery and petit larceny;
(b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
house, or place in the city;
(c) regulate and prevent the discharge of firearms, rockets, powder, fireworks in
accordance with Section 
53-7-225
, or any other dangerous or combustible material;
(d) provide against and prevent the offense of obtaining money or property under false
pretenses and the offense of embezzling money or property in [
all
] 
the
 cases [
where
] 
when
 the
money or property embezzled or obtained under false pretenses does not exceed in value the
sum of $500; [
and
]
(e) prohibit the sale, giving away, or furnishing of narcotics[
,
] 
or
 alcoholic beverages to
[
a person
] 
an individual
 younger than 21 years [
of age, or tobacco to any person younger than
years of age.
] 
old; or
(f) prohibit the sale, giving away, or furnishing of tobacco or e-cigarettes to an
individual younger than:
(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
(ii) beginning July 1, 2021, 21 years old.
(2) A city may:
(a) by ordinance, prohibit the possession of controlled substances as defined in the
Utah Controlled Substances Act or any other endangering or impairing substance, provided the
conduct is not a class A misdemeanor or felony; and
(b) provide for treatment of alcoholics, narcotic addicts, and other [
persons
]
individuals
 who are addicted to the use of drugs or intoxicants such that [
a person
] 
an
individual
 substantially lacks the capacity to control the [
person's
] 
individual's
 use of the drugs
or intoxicants, and judicial supervision may be imposed as a means of effecting [
their
] 
the
individual's
 rehabilitation.
Section 2. Section 
26-62-205
 is amended to read:
26-62-205.
Permit requirements for a retail tobacco specialty business.
A retail tobacco specialty business shall:
(1) except as provided in Subsection 
76-10-105.1
(4), prohibit any individual [
under 19
years of age
] from entering the business 
if the individual is:
(a) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and
(b) beginning July 1, 2021, under 21 years old
; and
(2) prominently display at the retail tobacco specialty business a sign on the public
entrance of the business that communicates the prohibition in Subsection 
76-10-105.1
(4).
Section 3. Section 
26-62-304
 is amended to read:
26-62-304.
Hearing -- Evidence of criminal conviction.
(1) At a civil hearing conducted under Section 
26-62-302
, evidence of the final
criminal conviction of a tobacco retailer or employee for violation of Section 
76-10-104
 at the
same location and within the same time period as the location and time period alleged in the
civil hearing for violation of this chapter for sale of tobacco products to [
a person
] 
an
individual
 under [
the age of 19
] 
the following ages
 is prima facie evidence of a violation of this
chapter[
.
]
:
(a) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and
(b) beginning July 1, 2021, under 21 years old.
(2) If the tobacco retailer is convicted of violating Section 
76-10-104
, the enforcing
agency:
(a) may not assess an additional monetary penalty under this chapter for the same
offense for which the conviction was obtained; and
(b) may revoke or suspend a permit in accordance with Section 
26-62-305
.
Section 4. Section 
26-62-305
 is amended to read:
26-62-305.
Penalties.
(1) (a) If, following an inspection by an enforcing agency, or an investigation or
issuance of a citation or information under Section 
77-39-101
, an enforcing agency determines
that a person has violated the terms of a permit issued under this chapter, the enforcing agency
may impose the penalties described in this section.
(b) If multiple violations are found in a single inspection or investigation, only one
violation shall count toward the penalties described in this section.
(2) (a) The administrative penalty for a first violation at a retail location is a penalty of
not more than $500.
(b) The administrative penalty for a second violation at the same retail location that
occurs within one year of a previous violation is a penalty of not more than $750.
(c) The administrative penalty for a third or subsequent violation at the same retail
location that occurs within two years after two or more previous violations is:
(i) a suspension of the retail tobacco business permit for 30 consecutive business days
within 60 days after the day on which the third or subsequent violation occurs; or
(ii) a penalty of not more than $1,000.
(3) The department or a local health department may:
(a) revoke a permit if a fourth violation occurs within two years of three previous
violations;
(b) in addition to a monetary penalty imposed under Subsection (2), suspend the permit
if the violation is due to a sale of tobacco products to [
a person
] 
an individual
 under [
years
of age
]
:
(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
(ii) beginning July 1, 2021, 21 years old
; and
(c) if applicable, recommend to a municipality or county that a retail tobacco specialty
business license issued under Section 
10-8-41.6
 or 
17-50-333
 be suspended or revoked.
(4) (a) Except when a transfer described in Subsection (5) occurs, a local health
department may not issue a permit to:
(i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (3);
or
(ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
or other holder of significant interest as another tobacco retailer for whom a permit is
suspended or revoked under Subsection (3).
(b) A person whose permit:
(i) is suspended under this section may not apply for a new permit for any other
tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends
the permit; and
(ii) is revoked may not apply for a new permit for any tobacco retailer for a period of
24 months after the day on which an enforcing agency revokes the permit.
(5) Violations of this chapter, Section 
10-8-41.6
, or Section 
17-50-333
 that occur at a
tobacco retailer location shall stay on the record for that tobacco retailer location unless:
(a) the tobacco retailer is transferred to a new proprietor; and
(b) the new proprietor provides documentation to the local health department that the
new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous
proprietor.
Section 5. Section 
51-9-203
 is amended to read:
51-9-203.
Requirements for tobacco programs.
(1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
cessation, or control program, an organization, whether private, governmental, or
quasi-governmental, shall:
(a) submit a request to the Department of Health containing the following information:
(i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
sound management and periodic evaluation of the campaign's relevance to the intended
audience, particularly in campaigns directed toward youth, including audience awareness of the
campaign and recollection of the main message;
(ii) for school-based education programs to prevent and reduce youth smoking, the
request shall describe how the program will be effective in preventing and reducing youth
smoking;
(iii) for community-based programs to prevent and reduce smoking, the request shall
demonstrate that the proposed program:
(A) has a comprehensive strategy with a clear mission and goals;
(B) provides for committed, caring, and professional leadership; and
(C) if directed toward youth:
(I) offers youth-centered activities in youth accessible facilities;
(II) is culturally sensitive, inclusive, and diverse;
(III) involves youth in the planning, delivery, and evaluation of services that affect
them; and
(IV) offers a positive focus that is inclusive of all youth; and
(iv) for enforcement, control, and compliance program, the request shall demonstrate
that the proposed program can reasonably be expected to reduce the extent to which tobacco
products are available to individuals under [
the age of 19
] 
the following ages:
(A) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
(B) beginning July 1, 2021, 21 years old
;
(b) agree, by contract, to file an annual written report with the Department of Health[
. 
The report shall contain
] 
that contains
 the following:
(i) the amount funded;
(ii) the amount expended;
(iii) a description of the program or campaign and the number of adults and youth who
participated;
(iv) specific elements of the program or campaign meeting the applicable criteria set
forth in Subsection (1)(a); and
(v) a statement concerning the success and effectiveness of the program or campaign;
(c) agree, by contract, to not use any funds received under this part directly or
indirectly, to:
(i) engage in any lobbying or political activity, including the support of, or opposition
to, candidates, ballot questions, referenda, or similar activities; or
(ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
enforce:
(A) the provisions of the Master Settlement Agreement;
(B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
(C) Title 26, Chapter [
42, Civil Penalties for Tobacco Sales to Underage Persons
] 
62,
Part 3, Enforcement
; and
(D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
(d) agree, by contract, to repay the funds provided under this part if the organization:
(i) fails to file a timely report as required by Subsection (1)(b); or
(ii) uses any portion of the funds in violation of Subsection (1)(c).
(2) The Department of Health shall review and evaluate the success and effectiveness
of any program or campaign that receives funding pursuant to a request submitted under
Subsection (1). The review and evaluation:
(a) shall include a comparison of annual smoking trends;
(b) may be conducted by an independent evaluator; and
(c) may be paid for by funds appropriated from the account for that purpose.
(3) The Department of Health shall annually report to the Social Services
Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
(4) An organization that fails to comply with the contract requirements set forth in
Subsection (1) shall:
(a) repay the state as provided in Subsection (1)(d); and
(b) be disqualified from receiving funds under this part in any subsequent fiscal year.
(5) The attorney general shall be responsible for recovering funds that are required to
be repaid to the state under this section.
(6) Nothing in this section may be construed as applying to funds that are not
appropriated under this part.
Section 6. Section 
53-3-207
 is amended to read:
53-3-207.
License certificates or driving privilege cards issued to drivers by class
of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
(1) As used in this section:
(a) "Driving privilege" means the privilege granted under this chapter to drive a motor
vehicle.
(b) "Governmental entity" means the state [
and its political subdivisions as defined in
this Subsection (1)
] 
or a political subdivision of the state
.
(c) "Political subdivision" means any county, city, town, school district, public transit
district, community reinvestment agency, special improvement or taxing district, local district,
special service district, an entity created by an interlocal agreement adopted under Title 11,
Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
corporation.
(d) "State" means this state, and includes any office, department, agency, authority,
commission, board, institution, hospital, college, university, children's justice center, or other
instrumentality of the state.
(2) (a) The division shall issue to every [
person
] 
individual
 privileged to drive a motor
vehicle, a regular license certificate, a limited-term license certificate, or a driving privilege
card indicating the type or class of motor vehicle the [
person
] 
individual
 may drive.
(b) [
A person
] 
An individual
 may not drive a class of motor vehicle unless granted the
privilege in that class.
(3) (a) Every regular license certificate, limited-term license certificate, or driving
privilege card shall bear:
(i) the distinguishing number assigned to the [
person
] 
individual
 by the division;
(ii) the name, birth date, and Utah residence address of the [
person
] 
individual
;
(iii) a brief description of the [
person
] 
individual
 for the purpose of identification;
(iv) any restrictions imposed on the license under Section 
53-3-208
;
(v) a photograph of the [
person
] 
individual
;
(vi) a photograph or other facsimile of the person's signature;
(vii) an indication whether the [
person
] 
individual
 intends to make an anatomical gift
under Title 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege
is extended under Subsection 
53-3-214
(3); and
(viii) except as provided in Subsection (3)(b), if the [
person
] 
individual
 states that the
[
person
] 
individual
 is a veteran of the United States military on the application for a driver
license in accordance with Section 
53-3-205
 and provides verification that the [
person
]
individual
 was granted an honorable or general discharge from the United States Armed
Forces, an indication that the [
person
] 
individual
 is a United States military veteran for a
regular license certificate or limited-term license certificate issued on or after July 1, 2011.
(b) A regular license certificate or limited-term license certificate issued to [
any
person
] 
an individual
 younger than 21 years on a portrait-style format as required in Subsection
(5)(b)[
(i)
] is not required to include an indication that the [
person
] 
individual
 is a United States
military veteran under Subsection (3)(a)(viii).
(c) A new license certificate issued by the division may not bear the [
person's Social
Security
] 
individual's social security
 number.
(d) (i) The regular license certificate, limited-term license certificate, or driving
privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
(ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
license certificate, limited-term license certificate, or driving privilege card shall be as
prescribed by the commissioner.
(iii) The commissioner may also prescribe the issuance of a special type of limited
regular license certificate, limited-term license certificate, or driving privilege card under
Subsection 
53-3-220
(4).
(4) (a) (i) The division, upon determining after an examination that an applicant is
mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
license certificate.
(ii) (A) The division shall issue a temporary regular license certificate or temporary
limited-term license certificate allowing the [
person
] 
individual
 to drive a motor vehicle while
the division is completing its investigation to determine whether the [
person
] 
individual
 is
entitled to be granted a driving privilege.
(B) A temporary regular license certificate or a temporary limited-term license
certificate issued under this Subsection (4) shall be recognized and have the same rights and
privileges as a regular license certificate or a limited-term license certificate.
(b) The temporary regular license certificate or temporary limited-term license
certificate shall be in the [
person's
] 
individual's
 immediate possession while driving a motor
vehicle, and it is invalid when the [
person's
] 
individual's
 regular license certificate or
limited-term license certificate has been issued or when, for good cause, the privilege has been
refused.
(c) The division shall indicate on the temporary regular license certificate or temporary
limited-term license certificate a date after which it is not valid as a temporary license.
(d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue a
temporary driving privilege card or other temporary permit to an applicant for a driving
privilege card.
(ii) The division may issue a learner permit issued in accordance with Section
53-3-210.5
 to an applicant for a driving privilege card.
(5) (a) The division shall distinguish learner permits, temporary permits, regular
license certificates, limited-term license certificates, and driving privilege cards issued to any
[
person
] 
individual
 younger than 21 years of age by use of plainly printed information or the
use of a color or other means not used for other regular license certificates, limited-term license
certificates, or driving privilege cards.
(b) The division shall distinguish a regular license certificate, limited-term license
certificate, or driving privilege card issued to [
any person: (i)
] 
an individual
 younger than 21
years of age by use of a portrait-style format not used for other regular license certificates,
limited-term license certificates, or driving privilege cards and by plainly printing the date the
regular license certificate, limited-term license certificate, or driving privilege card holder is 21
years of age[
, which is the legal age for purchasing an alcoholic beverage or alcoholic product
under Section 
32B-4-403
; and
]
[
(ii) younger than 19 years of age, by plainly printing the date the regular license
certificate, limited-term license certificate, or driving privilege card holder is 19 years of age,
which is the legal age for purchasing tobacco products under Section 
76-10-104
].
(6) The division shall distinguish a limited-term license certificate by clearly indicating
on the document:
(a) that it is temporary; and
(b) its expiration date.
(7) (a) The division shall only issue a driving privilege card to [
a person
] 
an individual
whose privilege was obtained without providing evidence of lawful presence in the United
States as required under Subsection 
53-3-205
(8).
(b) The division shall distinguish a driving privilege card from a license certificate by:
(i) use of a format, color, font, or other means; and
(ii) clearly displaying on the front of the driving privilege card a phrase substantially
similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
(8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
permit, temporary regular license certificate, temporary limited-term license certificate, or any
other temporary permit.
(9) The division shall issue temporary license certificates of the same nature, except as
to duration, as the license certificates that they temporarily replace, as are necessary to
implement applicable provisions of this section and Section 
53-3-223
.
(10) (a) A governmental entity may not accept a driving privilege card as proof of
personal identification.
(b) A driving privilege card may not be used as a document providing proof of [
a
person's
] 
an individual's
 age for any government required purpose.
(11) A person who violates Subsection (2)(b) is guilty of an infraction.
(12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
fees, restrictions, and sanctions under this code apply to a:
(a) driving privilege in the same way as a license or limited-term license issued under
this chapter; and
(b) limited-term license certificate or driving privilege card in the same way as a
regular license certificate issued under this chapter.
Section 7. Section 
53-3-806
 is amended to read:
53-3-806.
Portrait-style format -- Minor's card distinguishable.
(1) The division shall use a portrait-style format for all identification cards, similar to
the format used for license certificates issued to [
a person
] 
an individual
 younger than 21 years
[
of age
] 
old
 under Section 
53-3-207
.
(2) The identification card issued to [
a person
] 
an individual
 younger than 21 years [
of
age
] 
old
 shall be distinguished by use of plainly printed information or by the use of a color or
other means not used for the identification card issued to [
a person
] 
an individual
years [
of
age
] 
old
 or older.
(3) The division shall distinguish an identification card issued to [
any person: (a)
] 
an
individual
 younger than 21 years [
of age
] 
old
 by plainly printing the date the identification card
holder is 21 years [
of age, which is the legal age for purchasing an alcoholic beverage or
alcoholic product under Section 
32B-4-403
; and
] 
old.
[
(b) younger than 19 years of age by plainly printing the date the identification card
holder is 19 years of age, which is the legal age for purchasing tobacco products under Section
76-10-104
.
]
(4) The division shall distinguish a limited-term identification card by clearly
indicating on the card:
(a) that it is temporary; and
(b) its expiration date.
Section 8. Section 
59-14-703
 is amended to read:
59-14-703.
Certification of cigarette rolling machine operators -- Renewal of
certification -- Requirements for certification or renewal of certification -- Denial.
(1) A cigarette rolling machine operator may not perform the following without first
obtaining certification from the commission as provided in this part:
(a) locate a cigarette rolling machine within this state;
(b) make or offer to make a cigarette rolling machine available for use within this state;
or
(c) offer a cigarette for sale within this state if the cigarette is produced by:
(i) the cigarette rolling machine operator; or
(ii) another person at the location of the cigarette rolling machine operator's cigarette
rolling machine.
(2) A cigarette rolling machine operator shall renew its certification as provided in this
section.
(3) The commission shall prescribe a form for certifying a cigarette rolling machine
operator under this part.
(4) (a) A cigarette rolling machine operator shall apply to the commission for
certification before the cigarette rolling machine operator performs an act described in
Subsection (1) within the state for the first time.
(b) A cigarette rolling machine operator shall apply to the commission for a renewal of
certification on or before the earlier of:
(i) December 31 of each year; or
(ii) the day on which there is a change in any of the information the cigarette rolling
machine operator provides on the form described in Subsection (3).
(5) To obtain certification or renewal of certification under this section from the
commission, a cigarette rolling machine operator shall:
(a) identify:
(i) the cigarette rolling machine operator's name and address;
(ii) the location, make, and brand of the cigarette rolling machine operator's cigarette
rolling machine; and
(iii) each person from whom the cigarette rolling machine operator will purchase or be
provided tobacco products that the cigarette rolling machine operator will use to produce
cigarettes; and
(b) certify, under penalty of perjury, that:
(i) the tobacco to be used in the cigarette rolling machine operator's cigarette rolling
machine, regardless of the tobacco's label or description, shall be only of a:
(A) brand family listed on the commission's directory listing required by Section
59-14-603
; and
(B) tobacco product manufacturer listed on the commission's directory listing required
by Section 
59-14-603
;
(ii) the cigarette rolling machine operator shall prohibit another person who uses the
cigarette rolling machine operator's cigarette rolling machine from using tobacco, a wrapper, or
a cover except for tobacco, a wrapper, or a cover purchased by or provided to the cigarette
rolling machine operator from a person identified in accordance with Subsection (5)(a)(iii);
(iii) the cigarette rolling machine operator holds a current license issued in accordance
with this chapter;
(iv) the cigarettes produced from the cigarette rolling machine shall comply with Title
53, Chapter 7, Part 4, The Reduced Cigarette Ignition Propensity and Firefighter Protection
Act;
(v) the cigarette rolling machine shall be located in a separate and defined area where
the cigarette rolling machine operator ensures that [
a person
] 
an individual
 younger than [
years of
] 
the
 age 
specified in Subsection (6)
 may not be:
(A) present at any time; or
(B) permitted to enter at any time; and
(vi) the cigarette rolling machine operator may not barter, distribute, exchange, offer,
or sell cigarettes produced from a cigarette rolling machine in a quantity of less than 20
cigarettes per retail transaction.
(6) For purposes of Subsection (5), an individual is younger than:
(a) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
(b) beginning July 1, 2021, 21 years old.
[
(6)
] 
(7)
 If the commission determines that a cigarette rolling machine operator meets
the requirements for certification or renewal of certification under this section, the commission
shall grant the certification or renewal of certification.
[
(7)
] 
(8)
 If the commission determines that a cigarette rolling machine operator does
not meet the requirements for certification or renewal of certification under this section, the
commission shall:
(a) deny the certification or renewal of certification; and
(b) provide the cigarette rolling machine operator the grounds for denial of the
certification or renewal of certification in writing.
Section 9. Section 
76-10-103
 is amended to read:
76-10-103.
Permitting minors to use tobacco in place of business.
It is a class C misdemeanor for the proprietor of any place of business to knowingly
permit [
persons
] 
an individual
 under [
age 19
] 
the following ages
 to frequent a place of business
while [
they are
] 
the individual is
 using tobacco[
.
]
:
(1) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and
(2) beginning July 1, 2021, under 21 years old.
Section 10. Section 
76-10-104
 is amended to read:
76-10-104.
Providing a cigar, cigarette, electronic cigarette, or tobacco to a minor
-- Penalties.
(1) [
Any
] 
A
 person 
violates this section
 who knowingly, intentionally, recklessly, or
with criminal negligence provides [
any
] 
a
 cigar, cigarette, electronic cigarette, or tobacco in
any form, to [
any person under 19 years of age
] 
an individual under the following ages
, is
guilty of a class C misdemeanor on the first offense, a class B misdemeanor on the second
offense, and a class A misdemeanor on subsequent offenses[
.
]
:
(a) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
(b) beginning July 1, 2021, 21 years old.
(2) [
For purposes of
] 
As used in
 this section "provides":
(a) includes selling, giving, furnishing, sending, or causing to be sent; and
(b) does not include the acts of the United States Postal Service or other common
carrier when engaged in the business of transporting and delivering packages for others or the
acts of a person, whether compensated or not, who transports or delivers a package for another
person without any reason to know of the package's content.
Section 11. Section 
76-10-104.1
 is amended to read:
76-10-104.1.
Providing tobacco paraphernalia to minors -- Penalties.
(1) For purposes of this section:
(a) "Provides":
(i) includes selling, giving, furnishing, sending, or causing to be sent; and
(ii) does not include the acts of the United States Postal Service or other common
carrier when engaged in the business of transporting and delivering packages for others or the
acts of a person, whether compensated or not, who transports or delivers a package for another
person without any reason to know of the package's content.
(b) "Tobacco paraphernalia":
(i) means [
any
] equipment, product, or material of any kind [
which
] 
that
 is used,
intended for use, or designed for use to package, repackage, store, contain, conceal, ingest,
inhale, or otherwise introduce a cigar, cigarette, or tobacco in any form into the human body,
including:
(A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls;
(B) water pipes;
(C) carburetion tubes and devices;
(D) smoking and carburetion masks;
(E) roach clips[
:
]
,
 meaning objects used to hold burning material, such as a cigarette,
that has become too small or too short to be held in the hand;
(F) chamber pipes;
(G) carburetor pipes;
(H) electric pipes;
(I) air-driven pipes;
(J) chillums;
(K) bongs; and
(L) ice pipes or chillers; and
(ii) does not include matches or lighters.
(2) (a) It is unlawful for a person to knowingly, intentionally, recklessly, or with
criminal negligence provide [
any
] tobacco paraphernalia to [
any person
] 
an individual
 under
[
years of age.
]
:
(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
(ii) beginning July 1, 2021, 21 years old.
(b) A person who violates this section is guilty of a class C misdemeanor on the first
offense and a class B misdemeanor on subsequent offenses.
Section 12. Section 
76-10-105
 is amended to read:
76-10-105.
Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco
by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
(1) [
Any 18 year old person
] 
(a) An individual
 who 
is 18 years or older, but younger
than the age specified in Subsection (1)(b), and
 buys or attempts to buy, accepts, or has in the
[
person's
] 
individual's
 possession any cigar, cigarette, electronic cigarette, or tobacco in any
form is guilty of [
a class C misdemeanor
] 
an infraction
 and subject to:
[
(a)
] 
(i)
 a minimum fine or penalty of $60; and
[
(b)
] 
(ii)
 participation in a court-approved tobacco education 
or cessation
 program,
which may include a participation fee.
(b) For purposes of Subsection (1)(a), the individual is younger than:
(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
(ii) beginning July 1, 2021, 21 years old.
(2) [
Any person
] 
An individual
 under the age of 18 who buys or attempts to buy,
accepts, or has in the [
person's
] 
individual's
 possession any cigar, cigarette, electronic cigarette,
or tobacco in any form is subject to the jurisdiction of the juvenile court and subject to Section
78A-6-602
, unless the violation is committed on school property. If a violation under this
section is adjudicated under Section 
78A-6-117
, the minor may be subject to the following:
(a) a fine or penalty, in accordance with Section 
78A-6-117
; and
(b) participation in a court-approved tobacco education program, which may include a
participation fee.
(3) A compliance officer appointed by a board of education under Section 
53G-4-402
may not issue a citation for a violation of this section committed on school property. A cited
violation committed on school property shall be addressed in accordance with Section
53G-8-211
.
(4) (a) This section does not apply to the purchase or possession of a cigar, cigarette,
electronic cigarette, tobacco, or tobacco paraphernalia by an individual who is 18 years or older
and is:
(i) on active duty in the United States Armed Forces; or
(ii) a spouse or dependent of an individual who is on active duty in the United States
Armed Forces.
(b) A valid, government-issued military identification card is required to verify proof
of age under Subsection (4)(a).
Section 13. Section 
76-10-105.1
 is amended to read:
76-10-105.1.
Requirement of direct, face-to-face sale of cigarettes, tobacco, and
electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
(1) As used in this section:
(a) "Cigarette" means the same as that term is defined in Section 
59-14-102
.
(b) (i) "Face-to-face exchange" means a transaction made in person between an
individual and a retailer or retailer's employee.
(ii) "Face-to-face exchange" does not include a sale through a:
(A) vending machine; or
(B) self-service display.
(c) "Retailer" means a person who:
(i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal
consumption; or
(ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an
electronic cigarette.
(d) "Self-service display" means a display of a cigarette, tobacco, or an electronic
cigarette to which the public has access without the intervention of a retailer or retailer's
employee.
(e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
(f) "Tobacco specialty shop" means a "retail tobacco specialty business" as that term is
defined:
(i) as it relates to a municipality, in Section 
10-8-41.6
; and
(ii) as it relates to a county, in Section 
17-50-333
.
(2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, or an
electronic cigarette only in a face-to-face exchange.
(3) The face-to-face sale requirement in Subsection (2) does not apply to:
(a) a mail-order, telephone, or Internet sale made in compliance with Section
59-14-509
;
(b) a sale from a vending machine or self-service display that is located in an area of a
retailer's facility:
(i) that is distinct and separate from the rest of the facility; and
(ii) where the retailer only allows an individual who complies with Subsection (4) to be
present; or
(c) a sale at a tobacco specialty shop.
(4) 
(a)
 An individual who is less than [
years old
] 
the age specified in Subsection
(4)(b)
 may not enter or be present at a tobacco specialty shop unless the individual is:
[
(a)
] 
(i)
 accompanied by a parent or legal guardian;
[
(b)
] 
(ii)
 present at the tobacco shop for a bona fide commercial purpose other than to
purchase a cigarette, tobacco, or an electronic cigarette; or
[
(c)
] 
(iii)
years old or older and an active duty member of the United States Armed
Forces, as demonstrated by a valid, government-issued military identification card.
(b) For purposes of Subsection (4)(a), the individual is younger than:
(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
(ii) beginning July 1, 2021, 21 years old.
(5) A parent or legal guardian who accompanies, under Subsection (4)(a)
(i)
, an
individual into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not
allow the individual to purchase a cigarette, tobacco, or an electronic cigarette.
(6) A violation of Subsection (2) or (4) is a:
(a) class C misdemeanor on the first offense;
(b) class B misdemeanor on the second offense; and
(c) class A misdemeanor on the third and all subsequent offenses.
(7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
under Section 
76-10-104
.
(8) (a) [
Any
] 
An
 ordinance, regulation, or rule adopted by the governing body of a
political subdivision of the state or by a state agency that affects the sale, 
minimum age of sale,
placement, or display of cigarettes, tobacco, or electronic cigarettes that is not essentially
identical to [
the provisions of
] this section and Section 
76-10-102
 is superseded.
(b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
ordinance by a municipal or county government.
Section 14. Section 
77-39-101
 is amended to read:
77-39-101.
Investigation of sales of alcohol, tobacco, and electronic cigarettes to
underage individuals.
(1) As used in this section, "electronic cigarette" is as defined in Section 
76-10-101
.
(2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
Classifications, may investigate the possible violation of:
(i) Section 
32B-4-403
 by requesting an individual under [
the age of
] 21 years 
old
 to
enter into and attempt to purchase or make a purchase of alcohol from a retail establishment; or
(ii) Section 
76-10-104
 by requesting an individual under the age [
of 19 years
] 
specified
in Subsection (2)(e)
 to enter into and attempt to purchase or make a purchase from a retail
establishment of:
(A) a cigar;
(B) a cigarette;
(C) tobacco in any form; or
(D) an electronic cigarette.
(b) A peace officer who is present at the site of a proposed purchase shall direct,
supervise, and monitor the individual requested to make the purchase.
(c) Immediately following a purchase or attempted purchase or as soon as practical the
supervising peace officer shall inform the cashier and the proprietor or manager of the retail
establishment that the attempted purchaser was under the legal age to purchase:
(i) alcohol; or
(ii) (A) a cigar;
(B) a cigarette;
(C) tobacco in any form; or
(D) an electronic cigarette.
(d) If a citation or information is issued, it shall be issued within seven days of the
purchase.
(e) For purposes of Subsection (2)(a)(ii), the individual is younger than:
(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
(ii) beginning July 1, 2021, 21 years old.
(3) (a) If an individual under the age of 18 years old is requested to attempt a purchase,
a written consent of that individual's parent or guardian shall be obtained prior to that
individual participating in any attempted purchase.
(b) An individual requested by the peace officer to attempt a purchase may:
(i) be a trained volunteer; or
(ii) receive payment, but may not be paid based on the number of successful purchases
of alcohol, tobacco, or an electronic cigarette.
(4) The individual requested by the peace officer to attempt a purchase and anyone
accompanying the individual attempting a purchase may not during the attempted purchase
misrepresent the age of the individual by false or misleading identification documentation in
attempting the purchase.
(5) An individual requested to attempt to purchase or make a purchase pursuant to this
section is immune from prosecution, suit, or civil liability for the purchase of, attempted
purchase of, or possession of alcohol, a cigar, a cigarette, tobacco in any form, or an electronic
cigarette if a peace officer directs, supervises, and monitors the individual.
(6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
shall be conducted:
(i) on a random basis; and
(ii) within a 12-month period at any one retail establishment location not more often
than:
(A) two times for the attempted purchase of:
(I) a cigar;
(II) a cigarette;
(III) tobacco in any form; or
(IV) an electronic cigarette; and
(B) four times for the attempted purchase of alcohol.
(b) [
Nothing in this section shall
] 
This section does not
 prohibit an investigation or an
attempt to purchase tobacco under this section if:
(i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
cigar, a cigarette, tobacco in any form, or an electronic cigarette to an individual under the age
established by Section 
32B-4-403
 or 
76-10-104
; and
(ii) the supervising peace officer makes a written record of the grounds for the
reasonable suspicion.
(7) (a) The peace officer exercising direction, supervision, and monitoring of the
attempted purchase shall make a report of the attempted purchase, whether or not a purchase
was made.
(b) The report required by this Subsection (7) shall include:
(i) the name of the supervising peace officer;
(ii) the name of the individual attempting the purchase;
(iii) a photograph of the individual attempting the purchase showing how that
individual appeared at the time of the attempted purchase;
(iv) the name and description of the cashier or proprietor from whom the individual
attempted the purchase;
(v) the name and address of the retail establishment; and
(vi) the date and time of the attempted purchase.
Section 15. 
Effective date.
This bill takes effect on July 1, 2020.