Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 23 Seventh Substitute (2020GS)

Sponsor

Rep. Hawkins, J.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms related to electronic cigarettes and tobacco retailers;
• modifies the definition of a retail tobacco specialty business to include a business that appears to be a retail tobacco specialty business or sells a flavored electronic cigarette product;
• amends permit violations for tobacco retailers;
• creates requirements regarding verification of age for retail tobacco specialty businesses;
• modifies and places sunset provisions on dates from which laws are applicable to retail tobacco specialty businesses;
• authorizes regulation and testing of manufacturer sealed electronic substances;
• requires a tobacco retailer to maintain certain records;
• provides that a retail tobacco specialty shop may not be located within 1,000 feet of a school;
• creates civil penalties for a retail tobacco specialty business that allows an individual under 21 years old in certain circumstances to gain access to the premises of the business or to purchase a tobacco product or an electronic cigarette product;
• increases the minimum age for obtaining, possessing, using, providing, or furnishing tobacco products and paraphernalia and electronic cigarette products to 21 years old;
• prohibits a manufacturer, wholesaler, or retailer from providing certain discounts or giveaways for electronic cigarette products and tobacco products;
• prohibits a general tobacco retailer from selling, providing, or distributing a flavored electronic cigarette product;
• makes it a crime to fraudulently use or transfer proof of age to gain access to a retail tobacco specialty business or to purchase a tobacco product or electronic cigarette product;

Every vote on this bill

Bill text

TOBACCO AND ELECTRONIC CIGARETTE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jon Hawkins
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill amends provisions related to tobacco products and electronic cigarettes.
Highlighted Provisions:
This bill:
▸ defines terms related to electronic cigarettes and tobacco retailers;
▸ modifies the definition of a retail tobacco specialty business to include a business
that appears to be a retail tobacco specialty business or sells a flavored electronic
cigarette product;
▸ amends permit violations for tobacco retailers;
▸ creates requirements regarding verification of age for retail tobacco specialty
businesses;
▸ modifies and places sunset provisions on dates from which laws are applicable to
retail tobacco specialty businesses;
▸ authorizes regulation and testing of manufacturer sealed electronic substances;
▸ requires a tobacco retailer to maintain certain records;
▸ provides that a retail tobacco specialty shop may not be located within 1,000 feet of
a school;
▸ creates civil penalties for a retail tobacco specialty business that allows an
individual under 21 years old in certain circumstances to gain access to the premises
of the business or to purchase a tobacco product or an electronic cigarette product;
▸ increases the minimum age for obtaining, possessing, using, providing, or
furnishing tobacco products and paraphernalia and electronic cigarette products to
21 years old;
▸ prohibits a manufacturer, wholesaler, or retailer from providing certain discounts or
giveaways for electronic cigarette products and tobacco products;
▸ prohibits a general tobacco retailer from selling, providing, or distributing a
flavored electronic cigarette product;
▸ makes it a crime to fraudulently use or transfer proof of age to gain access to a retail
tobacco specialty business or to purchase a tobacco product or electronic cigarette
product;
▸ makes it a crime for an employee of a retail tobacco specialty business to allow an
individual under 21 years old to purchase a tobacco product or an electronic
cigarette product;
▸ preempts certain ordinances, rules, and regulations on tobacco products, electronic
cigarette products, and tobacco paraphernalia;
▸ amends the number of times that a peace officer must conduct an investigation of a
retail shop for underage tobacco sales; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
10-8-41.6
, as last amended by Laws of Utah 2018, Chapter 231
10-8-47
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
17-50-333
, as last amended by Laws of Utah 2018, Chapter 231
26-57-103
, as enacted by Laws of Utah 2015, Chapter 132
26-62-102
, as renumbered and amended by Laws of Utah 2018, Chapter 231
26-62-205
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
26-62-304
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
26-62-305
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
51-9-203
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapters 136
and 232
53-3-229
, as last amended by Laws of Utah 2010, Chapters 114 and 276
53-3-810
, as last amended by Laws of Utah 2010, Chapters 114 and 276
53G-8-209
, as last amended by Laws of Utah 2019, Chapter 293
59-14-703
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
63I-1-210
, as last amended by Laws of Utah 2018, Chapter 236
63I-1-217
, as last amended by Laws of Utah 2018, Chapters 236 and 347
76-8-311.3
, as last amended by Laws of Utah 2010, Chapter 114
76-10-101
, as last amended by Laws of Utah 2015, Chapters 66, 132 and last amended
by Coordination Clause, Laws of Utah 2015, Chapter 132
76-10-103
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
76-10-104
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
76-10-104.1
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
76-10-105
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
76-10-105.1
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
76-10-111
, as last amended by Laws of Utah 2010, Chapter 114
76-10-112
, as enacted by Laws of Utah 1989, Chapter 193
77-39-101
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
ENACTS:
26-62-206
, Utah Code Annotated 1953
26-62-401
, Utah Code Annotated 1953
26-62-402
, Utah Code Annotated 1953
76-10-113
, Utah Code Annotated 1953
76-10-114
, Utah Code Annotated 1953
76-10-115
, Utah Code Annotated 1953
76-10-116
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
10-8-41.6
, as last amended by Laws of Utah 2018, Chapter 231
17-50-333
, as last amended by Laws of Utah 2018, Chapter 231
26-62-305
, as last amended by Laws of Utah 2019, Chapter 232
76-10-111
, as last amended by Laws of Utah 2010, Chapter 114
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-41.6
 is amended to read:
10-8-41.6.
Regulation of retail tobacco specialty business.
(1) As used in this section:
(a) "Community location" means:
(i) a public or private kindergarten, elementary, middle, junior high, or high school;
(ii) a licensed child-care facility or preschool;
(iii) a trade or technical school;
(iv) a church;
(v) a public library;
(vi) a public playground;
(vii) a public park;
(viii) a youth center or other space used primarily for youth oriented activities;
(ix) a public recreational facility;
(x) a public arcade; or
(xi) for a new license issued on or after July 1, 2018, a homeless shelter.
(b) "Department" means the Department of Health, created in Section 
26-1-4
.
(c) "Electronic cigarette product" means the same as that term is defined in Section
76-10-101
.
(d) "Flavored electronic cigarette product" means the same as that term is defined in
Section 
76-10-101
.
[
(c)
] 
(e)
 "Local health department" means the same as that term is defined in Section
26A-1-102
.
[
(d)
] 
(f)
 "Permittee" means a person licensed under this section to conduct business as
a retail tobacco specialty business.
[
(e)
] 
(g)
 "Retail tobacco specialty business" means a commercial establishment in
which:
(i) the sale of tobacco products 
and electronic cigarette products
 accounts for more
than 35% of the total quarterly gross receipts for the establishment;
(ii) 20% or more of the public retail floor space is allocated to the offer, display, or
storage of tobacco products 
or electronic cigarette products
;
(iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
tobacco products 
or electronic cigarette products
; [
or
]
(iv) the commercial establishment:
(A) holds itself out as a retail tobacco specialty business; and
(B) causes a reasonable person to believe the commercial establishment is a retail
tobacco specialty business;
(v) any flavored electronic cigarette product is sold; or
[
(iv)
] 
(vi)
 the retail space features a self-service display for tobacco products 
or
electronic cigarette products
.
[
(f)
] 
(h)
 "Self-service display" means the same as that term is defined in Section
76-10-105.1
.
[
(g)
] 
(i)
 "Tobacco product" means:
(i) the same as that term is defined in Section 
76-10-101
; or
(ii) tobacco paraphernalia as defined in Section 
76-10-101
.
[
(i) any cigar, cigarette, or electronic cigarette, as those terms are defined in Section
76-10-101
;
]
[
(ii) a tobacco product, as that term is defined in Section 
59-14-102
, including:
]
[
(A) chewing tobacco; or
]
[
(B) any substitute for a tobacco product, including flavoring or additives to tobacco;
and
]
[
(iii) tobacco paraphernalia, as that term is defined in Section 
76-10-104.1
.
]
(2) The regulation of a retail tobacco specialty business is an exercise of the police
powers of the state[
, and through delegation,
] 
by the state or by delegation of the state's police
powers
 to other governmental entities.
(3) (a) A person may not operate a retail tobacco specialty business in a municipality
unless the person obtains a license from the municipality in which the retail tobacco specialty
business is located.
(b) A municipality may only issue a retail tobacco specialty business license to a
person if the person complies with the provisions of Subsections (4) and (5).
(4) (a) Except as provided in Subsection (7), a municipality may not issue a license for
a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
business is located within:
(i) 1,000 feet of a community location;
(ii) 600 feet of another retail tobacco specialty business; or
(iii) 600 feet from property used or zoned for:
(A) agriculture use; or
(B) residential use.
(b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
to intervening structures or zoning districts.
(5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a municipality
may not issue or renew a license for a person to conduct business as a retail tobacco specialty
business until the person provides the municipality with proof that the retail tobacco specialty
business has:
(i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
which the retail tobacco specialty business is located; and
(ii) a valid license to sell tobacco products from the State Tax Commission.
(b) A person that was licensed to conduct business as a retail tobacco specialty
business in a municipality before July 1, 2018, shall obtain a permit from a local health
department under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
(6) (a) Nothing in this section:
(i) requires a municipality to issue a retail tobacco specialty business license; or
(ii) prohibits a municipality from adopting more restrictive requirements on a person
seeking a license or renewal of a license to conduct business as a retail tobacco specialty
business.
(b) A municipality may suspend or revoke a retail tobacco specialty business license
issued under this section:
(i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
Part 16, Pattern of Unlawful Activity Act;
(ii) if a licensee violates [
the regulations
] 
federal law or federal regulations
 restricting
the sale and distribution of [
cigarettes and smokeless tobacco
] 
tobacco products or electronic
cigarette products
 to protect children and adolescents [
issued by the United States Food and
Drug Administration, 21 C.F.R. Part 1140
];
(iii) upon the recommendation of the department or a local health department under
Title 26, Chapter 62, Tobacco Retail Permit; or
(iv) under any other provision of state law or local ordinance.
(7) (a) [
In accordance with Subsection (7)(b)
] 
Except as provided in Subsection (8)
, a
retail tobacco specialty business that has a business license and is operating in a municipality in
accordance with all applicable laws except for the requirement in Subsection (4), on or before
December 31, [
] 
, is exempt from Subsection (4).
(b) A retail tobacco specialty business may maintain an exemption under Subsection
(7)(a) if:
(i) the retail tobacco specialty business license is renewed continuously without lapse
or permanent revocation;
(ii) the retail tobacco specialty business does not close for business or otherwise
suspend the sale of tobacco products for more than 60 consecutive days;
(iii) the retail tobacco specialty business does not substantially change the business
premises or business operation; and
(iv) the retail tobacco specialty business maintains the right to operate under the terms
of other applicable laws, including:
(A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
(B) zoning ordinances;
(C) building codes; and
(D) the requirements of a retail tobacco specialty business license issued before
December 31, [
] 
.
(8) Beginning August 15, 2020, a retail tobacco specialty business that has a business
license and is operating in a municipality may not be located within 1,000 feet of any school.
Section 2. Section 
10-8-47 (Effective 07/01/20)
 is amended to read:
10-8-47 (Effective 07/01/20).
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 the cases when the money or
property embezzled or obtained under false pretenses does not exceed in value the sum of
$500;
(e) prohibit the sale, giving away, or furnishing of narcotics or alcoholic beverages to
an individual younger than 21 years old; or
(f) prohibit the sale, giving away, or furnishing of [
tobacco or e-cigarettes
] 
a tobacco
product or an electronic cigarette product, as those terms are defined in Section 
76-10-101
,
 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 individuals who are
addicted to the use of drugs or intoxicants such that an individual substantially lacks the
capacity to control the individual's use of the drugs or intoxicants, and judicial supervision may
be imposed as a means of effecting the individual's rehabilitation.
Section 3. Section 
17-50-333
 is amended to read:
17-50-333.
Regulation of retail tobacco specialty business.
(1) As used in this section:
(a) "Community location" means:
(i) a public or private kindergarten, elementary, middle, junior high, or high school;
(ii) a licensed child-care facility or preschool;
(iii) a trade or technical school;
(iv) a church;
(v) a public library;
(vi) a public playground;
(vii) a public park;
(viii) a youth center or other space used primarily for youth oriented activities;
(ix) a public recreational facility;
(x) a public arcade; or
(xi) for a new license issued on or after July 1, 2018, a homeless shelter.
(b) "Department" means the Department of Health, created in Section 
26-1-4
.
(c) "Electronic cigarette product" means the same as that term is defined in Section
76-10-101
.
(d) "Flavored electronic cigarette product" means the same as that term is defined in
Section 
76-10-101
.
[
(c)
] 
(e)
 "Licensee" means a person licensed under this section to conduct business as a
retail tobacco specialty business.
[
(d)
] 
(f)
 "Local health department" means the same as that term is defined in Section
26A-1-102
.
[
(e)
] 
(g)
 "Retail tobacco specialty business" means a commercial establishment in
which:
(i) the sale of tobacco products 
and electronic cigarette products
 accounts for more
than 35% of the total quarterly gross receipts for the establishment;
(ii) 20% or more of the public retail floor space is allocated to the offer, display, or
storage of tobacco products 
or electronic cigarette products
;
(iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
tobacco products 
or electronic cigarette products
; [
or
]
(iv) the commercial establishment:
(A) holds itself out as a retail tobacco specialty business; and
(B) causes a reasonable person to believe the commercial establishment is a retail
tobacco specialty business;
(v) any flavored electronic cigarette product is sold; or
[
(iv)
] 
(vi)
 the retail space features a self-service display for tobacco products 
or
electronic cigarette products
.
[
(f)
] 
(h)
 "Self-service display" means the same as that term is defined in Section
76-10-105.1
.
[
(g)
] 
(i)
 "Tobacco product" means:
(i) the same as that term is defined in Section 
76-10-101
; or
(ii) tobacco paraphernalia as defined in Section 
76-10-101
.
[
(i) any cigar, cigarette, or electronic cigarette as those terms are defined in Section
76-10-101
;
]
[
(ii) a tobacco product as that term is defined in Section 
59-14-102
, including:
]
[
(A) chewing tobacco; or
]
[
(B) any substitute for a tobacco product, including flavoring or additives to tobacco;
and
]
[
(iii) tobacco paraphernalia as that term is defined in Section 
76-10-104.1
.
]
(2) The regulation of a retail tobacco specialty business is an exercise of the police
powers of the state[
, and through delegation,
] 
by the state or by the delegation of the state's
police power
 to other governmental entities.
(3) (a) A person may not operate a retail tobacco specialty business in a county unless
the person obtains a license from the county in which the retail tobacco specialty business is
located.
(b) A county may only issue a retail tobacco specialty business license to a person if
the person complies with the provisions of Subsections (4) and (5).
(4) (a) Except as provided in Subsection (7), a county may not issue a license for a
person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
business is located within:
(i) 1,000 feet of a community location;
(ii) 600 feet of another retail tobacco specialty business; or
(iii) 600 feet from property used or zoned for:
(A) agriculture use; or
(B) residential use.
(b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
to intervening structures or zoning districts.
(5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a county may
not issue or renew a license for a person to conduct business as a retail tobacco specialty
business until the person provides the county with proof that the retail tobacco specialty
business has:
(i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
which the retail tobacco specialty business is located; and
(ii) a valid license to sell tobacco products from the State Tax Commission.
(b) A person that was licensed to conduct business as a retail tobacco specialty
business in a county before July 1, 2018, shall obtain a permit from a local health department
under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
(6) (a) Nothing in this section:
(i) requires a county to issue a retail tobacco specialty business license; or
(ii) prohibits a county from adopting more restrictive requirements on a person seeking
a license or renewal of a license to conduct business as a retail tobacco specialty business.
(b) A county may suspend or revoke a retail tobacco specialty business license issued
under this section:
(i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
Part 16, Pattern of Unlawful Activity Act;
(ii) if a licensee violates [
the regulations
] 
federal law or federal regulations
 restricting
the sale and distribution of [
cigarettes and smokeless tobacco
] 
tobacco products or electronic
cigarette products
 to protect children and adolescents [
issued by the United States Food and
Drug Administration, 21 C.F.R. Part 1140
];
(iii) upon the recommendation of the department or a local health department under
Title 26, Chapter 62, Tobacco Retail Permit; or
(iv) under any other provision of state law or local ordinance.
(7) (a) [
In accordance with Subsection (7)(b)
] 
Except as provided in Subsection (8)
, a
retail tobacco specialty business that has a business license and is operating in a county in
accordance with all applicable laws except for the requirement in Subsection (4), on or before
December 31, [
] 
, is exempt from Subsection (4).
(b) A retail tobacco specialty business may maintain an exemption under Subsection
(7)(a) if:
(i) the retail tobacco specialty business license is renewed continuously without lapse
or permanent revocation;
(ii) the retail tobacco specialty business does not close for business or otherwise
suspend the sale of tobacco products for more than 60 consecutive days;
(iii) the retail tobacco specialty business does not substantially change the business
premises or business operation; and
(iv) the retail tobacco specialty business maintains the right to operate under the terms
of other applicable laws, including:
(A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
(B) zoning ordinances;
(C) building codes; and
(D) the requirements of a retail tobacco specialty business license issued before
December 31, [
] 
.
(8) Beginning August 15, 2020, a retail tobacco specialty business that has a business
license and is operating in a county may not be located within 1,000 feet of any school.
Section 4. Section 
26-57-103
 is amended to read:
26-57-103.
Electronic cigarette products -- Labeling -- Manufacturing and
quality control standards -- Advertising.
(1) The department shall, in consultation with a local health department, as defined in
Section 
26A-1-102
, and with input from members of the public, establish[
, no later than
January 1, 2016,
] by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, 
the
 standards for electronic cigarette substance:
(a) labeling;
(b) nicotine content;
(c) packaging; and
(d) product quality.
[
(2) The standards established by the department under Subsection (1) do not apply to a
manufacturer sealed electronic cigarette substance.
]
(2) On or before January 1, 2021, the department shall, in consultation with a local
health department, as defined in Section 
26A-1-102
, and with input from members of the
public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the standards for manufacturer sealed electronic cigarette substance:
(a) labeling;
(b) nicotine content;
(c) packaging; and
(d) product quality.
(3) 
(a)
 [
Beginning on July 1, 2016, a
] 
A
 person may not sell an electronic cigarette
substance unless the electronic cigarette substance complies with the standards established by
the department under Subsection (1).
(b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic
cigarette substance unless the manufacturer sealed electronic cigarette substance complies with
the standards established by the department under Subsection (2).
(4) (a) [
Beginning on July 1, 2016, a
] 
A
 local health department may not enact a rule or
regulation regarding electronic cigarette substance labeling, nicotine content, packaging, or
product quality that is not identical to the standards established by the department under
[
Subsection (1)
] 
Subsections (1) and (2)
.
(b) Except as provided in Subsection (4)(c), a local health department may enact a rule
or regulation regarding electronic cigarette substance manufacturing.
(c) A local health department may not enact a rule or regulation regarding a
manufacturer sealed electronic cigarette substance.
(5) [
Beginning on July 1, 2016, a
] 
A
 person may not advertise an electronic cigarette
product:
(a) as a tobacco cessation device;
(b) if the person is not licensed to sell an electronic cigarette product under Section
59-14-803
; or
(c) during a period of time when the person's license to sell an electronic cigarette
product under Section 
59-14-803
 has been suspended or revoked.
Section 5. Section 
26-62-102
 is amended to read:
26-62-102.
Definitions.
As used in this chapter:
(1) "Community location" means the same as that term is defined:
(a) as it relates to a municipality, in Section 
10-8-41.6
; and
(b) as it relates to a county, in Section 
17-50-333
.
(2) "Electronic cigarette product" means the same as that term is defined in Section
76-10-101
.
[
(2)
] 
(3)
 "Employee" means an employee of a tobacco retailer.
[
(3)
] 
(4)
 "Enforcing agency" means the state Department of Health, or any local health
department enforcing the provisions of this chapter.
[
(4)
] 
(5)
 "General tobacco retailer" means a tobacco retailer that is not a retail tobacco
specialty business.
[
(5)
] 
(6)
 "Local health department" means the same as that term is defined in Section
26A-1-102
.
(7) "Owner" means a person holding a 20% ownership interest in the business that is
required to obtain a permit under this chapter.
[
(6)
] 
(8)
 "Permit" means a tobacco retail permit issued under this chapter.
(9) (a) "Proof of age" means:
(i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
Card Act;
(ii) a valid identification that:
(A) is substantially similar to an identification card issued under Title 53, Chapter 3,
Part 8, Identification Card Act;
(B) is issued in accordance with the laws of a state other than Utah in which the
identification is issued;
(C) includes date of birth; and
(D) has a picture affixed;
(iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
Driver License Act, or in accordance with the laws of the state in which the valid driver license
is issued;
(iv) a valid United States military identification card that:
(A) includes date of birth; and
(B) has a picture affixed; or
(v) a valid passport.
(b) "Proof of age" does not include a valid driving privilege card issued in accordance
with Section 
53-3-207
.
[
(7)
] 
(10)
 "Retail tobacco specialty business" means the same as that term is defined:
(a) as it relates to a municipality, in Section 
10-8-41.6
; and
(b) as it relates to a county, in Section 
17-50-333
.
[
(8)
] 
(11)
 "Tax commission license" means a license issued by the State Tax
Commission under:
(a) Section 
59-14-201
 to sell cigarettes at retail;
(b) Section 
59-14-301
 to sell tobacco products at retail; or
(c) Section 
59-14-803
 to sell an electronic cigarette product.
[
(9)
] 
(12)
 "Tobacco product" means:
(a) the same as that term is defined in Section 
76-10-101
; or
(b) tobacco paraphernalia as defined in Section 
76-10-101
.
[
(a) a cigar, cigarette, or electronic cigarette 
product
 as those terms are defined in
Section 
76-10-101
;
]
[
(b) a tobacco product as that term is defined in Section 
59-14-102
, including:
]
[
(i) chewing tobacco; or
]
[
(ii) any substitute for a tobacco product, including flavoring or additives to tobacco;
or
]
[
(c) tobacco paraphernalia as that term is defined in Section 
76-10-104.1
.
]
[
(10)
] 
(13)
 "Tobacco retailer" means a person that is required to obtain a tax
commission license.
Section 6. Section 
26-62-205 (Effective 07/01/20)
 is amended to read:
26-62-205 (Effective 07/01/20).
Permit requirements for a retail tobacco specialty
business.
A retail tobacco specialty business shall:
(1) electronically verify proof of age for any individual that enters the premises of the
business in accordance with Part 4, Proof of Age Requirements;
[
(1)
] 
(2)
 except as provided in Subsection 
76-10-105.1
(4), prohibit any individual 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)
] 
(3)
 prominently display at the retail tobacco specialty business a sign on the
public entrance of the business that communicates
:
 (a)
 the prohibition 
on the presence of an individual under 21 years old in a retail
tobacco specialty business
 in Subsection 
76-10-105.1
(4)
; and
(b) the prohibition on the sale of tobacco products and electronic cigarette products to
an individual under 21 years old as described in Sections 
76-10-104
, 
76-10-104.1
, 
76-10-105.1
,
and 
76-10-114
.
Section 7. Section 
26-62-206
 is enacted to read:
 26-62-206.
Permit requirements for the sale of tobacco products and electronic
cigarette products.
(1) A tobacco retailer shall:
(a) provide the customer with an itemized receipt for each sale of a tobacco product or
an electronic cigarette product that separately identifies:
(i) the name of the tobacco product or the electronic cigarette product;
(ii) the amount charged for each tobacco product or electronic cigarette product; and
(iii) the time and date of the sale; and
(b) maintain an itemized transaction log for each sale of a tobacco product or an
electronic cigarette product that separately identifies:
(i) the name of the tobacco product or the electronic cigarette product;
(ii) the amount charged for each tobacco product or electronic cigarette product; and
(iii) the date and time of the sale.
(2) The itemized transaction log described in Subsection (1)(b) shall be:
(a) maintained for at least one year after the date of each transaction in the itemized
transaction log; and
(b) made available to an enforcing agency or a peace officer at the request of the
enforcing agency or the peace officer that is no less restrictive than the provisions in this part.
Section 8. Section 
26-62-304 (Effective 07/01/20)
 is amended to read:
26-62-304 (Effective 07/01/20).
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
]
76-10-114
 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 an
individual under [
the following ages
] 
years old
 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
] 
76-10-114
, 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
or
26-62-402
.
Section 9. Section 
26-62-305 (Effective 07/01/20)
 is amended to read:
26-62-305 (Effective 07/01/20).
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 
by an enforcing agency
 or
investigation[
, only one violation shall count toward the penalties described in this section. (2)
(a) The administrative penalty for
] 
by a law enforcement agency under Section 
77-39-101
, the
enforcing agency shall treat the multiple violations as one single violation under Subsections
(2), (3), and (4).
(2) Except as provided in Subsection (3) and Section 
26-62-402
, if a violation is found
in an inspection by an enforcing agency or an investigation by a law enforcement agency under
Section 
77-39-101
, the enforcing agency shall:
(a) on
 a first violation at a retail location [
is
]
, impose
 a penalty of [
not
] 
no
 more than
$500[
.
]
;
(b) [
The administrative penalty for
] 
on
 a second violation at the same retail location
that occurs within one year of a previous violation [
is
]
, impose
 a penalty of [
not
] 
no
 more than
$750[
.
]
;
(c) [
The administrative penalty for
] 
on
 a third [
or subsequent
] violation at the same
retail location that occurs within two years after two [
or more
] previous violations
,
 [
is
] 
impose
:
(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
] 
no
 more than $1,000[
.
]
; and
[
(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 an individual under:
]
[
(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.
]
(d) on a fourth or subsequent violation within two years of three previous violations:
(i) impose a penalty of no more than $1,000;
(ii) revoke a permit of the retailer; and
(iii) 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.
(3) If a violation is found in an investigation of a general tobacco retailer by a law
enforcement agency under Section 
77-39-101
 for the sale of a tobacco product or an electronic
cigarette product to an individual under 21 years old and the violation is committed by the
owner of the general tobacco retailer, the enforcing agency shall:
(a) on a first violation, impose a fine of no more than $2,000 on the general tobacco
retailer; and
(b) on the second violation for the same general tobacco retailer within one year of the
first violation:
(i) impose a fine not exceeding $5,000; and
(ii) revoke the permit for the general tobacco retailer.
(4) If a violation is found in an investigation of a retail tobacco specialty business by a
law enforcement agency under Section 
77-39-101
 for the sale of a tobacco product or an
electronic cigarette product to an individual under 21 years old, the enforcing agency shall
apply the provisions of Section 
26-62-402
.
[
(4)
] 
(5)
 (a) Except when a transfer described in Subsection [
(5)
] 
(6)
 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 
(2)
or
 (3) 
or Section 
26-62-402
; 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 
(2) or
 (3) 
or Section 
26-62-402
.
(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
under this section or Section 
26-62-402
 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)
] 
(6)
 Violations of this chapter, Section 
10-8-41.6
, [
or
] Section 
17-50-333
,
 or
Section 
26-62-402
 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 10. Section 
26-62-401
 is enacted to read:
Part 4. Proof of Age Requirements
 26-62-401.
Verification of proof of age.
(1) As used in this section:
(a) "Employee" means an employee of a retail tobacco specialty business.
(b) "Electronic verification program" means a technology used by a retail tobacco
specialty business to confirm proof of age for an individual.
(2) A retail tobacco specialty business shall require that an employee verify proof of
age as provided in this section.
(3) To comply with Subsection (2), an employee shall:
(a) request the individual present proof of age; and
(b) verify the validity of the proof of age electronically in accordance with Subsection
(4).
(4) A retail tobacco specialty business shall use an electronic verification program to
assist the business in complying with the requirements of this section.
(5) (a) A retail tobacco specialty business may not disclose information obtained under
this section except as provided under this part.
(b) Information obtained under this section:
(i) shall be kept for at least 180 days; and
(ii) is subject to inspection upon request by a peace officer or the representative of an
enforcing agency.
(6) (a) If an employee does not verify proof of age under this section, the employee
may not permit an individual to:
(i) except as provided in Subsection (6)(b), enter a retail tobacco specialty business; or
(ii) purchase a tobacco product or an electronic cigarette product.
(b) In accordance with Subsection 
76-10-105.1
(4), an individual who is under 21 years
old may be permitted to enter a retail tobacco specialty business if:
(i) the individual is accompanied by a parent or legal guardian who provides proof of
age; or
(ii) the individual is present at the retail tobacco specialty shop for a bona fide
commercial purpose other than to purchase a tobacco product or an electronic cigarette product.
(7) To determine whether the individual described in Subsection (2) is 21 years old or
older, the following may request an individual described in Subsection (2) to present proof of
age:
(a) an employee;
(b) a peace officer; or
(c) a representative of an enforcing agency.
Section 11. Section 
26-62-402
 is enacted to read:
 26-62-402.
Penalties.
(1) Except as provided in Subsection (2), if a violation of this part is found in an
investigation of a retail tobacco specialty business by a law enforcement agency under Section
77-39-101
, the enforcing agency shall:
(a) on a first violation, impose a penalty of no more than $500 on the retail tobacco
specialty business;
(b) on a second violation for the same retail tobacco specialty business that occurs
within one year of a previous violation, impose a penalty of no more than $750;
(c) on a third violation for the same retail tobacco specialty business that occurs within
two years of the two previous violations, impose:
(i) a suspension of the permit for 30 consecutive business days within 60 days after the
day on which the third violation occurs; or
(ii) a penalty of no more than $1,000; and
(d) on a fourth or subsequent violation within two years of the three previous
violations:
(i) impose a penalty of no more than $1,000;
(ii) revoke the permit of the retail tobacco specialty business; and
(iii) 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.
(2) If a violation of this part is committed by the owner and is found in an investigation
of a retail tobacco specialty business by a law enforcement agency under Section 
77-39-101
,
the enforcing agency shall:
(a) on a first violation, impose a fine not exceeding $2,000; and
(b) on a second violation at the same retail tobacco specialty business within one year
of the first violation:
(i) impose a fine not exceeding $5,000;
(ii) revoke the retail tobacco specialty business's permit; and
(iii) recommend to a municipality or county that the retail tobacco specialty license
issued under Section 
10-8-41.6
 or 
17-50-333
 to the retail tobacco specialty business be
suspended or revoked.
(3) If multiple violations are found in a single investigation by a law enforcement
agency under Section 
77-39-101
, the enforcing agency shall treat the multiple violations as a
single violation.
Section 12. Section 
51-9-203 (Effective 07/01/20)
 is amended to read:
51-9-203 (Effective 07/01/20).
Requirements for tobacco and electronic cigarette
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
] 
tobacco products and electronic cigarette products, as those terms are defined in
Section 
76-10-101
,
 are available to individuals under [
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
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 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 13. Section 
53-3-229
 is amended to read:
53-3-229.
Prohibited uses of license certificate -- Penalty.
(1) It is a class C misdemeanor for [
a person
] 
an individual
 to:
(a) lend or knowingly permit the use of a license certificate issued to the [
person
]
individual
, by [
a person
] 
another individual
 not entitled to [
it
] 
the license certificate
;
(b) display or [
to
] represent as the [
person's
] 
individual's
 own 
license certificate
 a
license certificate not issued to the [
person
] 
individual
;
(c) refuse to surrender to the division or a peace officer upon demand any license
certificate issued by the division;
(d) use a false name or give a false address in any application for a license or any
renewal or duplicate of the license certificate, or to knowingly make a false statement, or to
knowingly conceal a material fact or otherwise commit a fraud in the application;
(e) display a canceled, denied, revoked, suspended, or disqualified driver license
certificate as a valid driver license certificate;
(f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
driver license certificate issued by a governmental entity if the item is not an authentic driver
license certificate issued by that governmental entity; or
(g) alter any information on an authentic driver license certificate so that it no longer
represents the information originally displayed.
(2) The provisions of Subsection (1)(e) do not prohibit the use of [
a person's
] 
an
individual's
 driver license certificate as a means of personal identification.
(3) It is a class A misdemeanor to knowingly:
(a) issue a driver license certificate with false or fraudulent information;
(b) issue a driver license certificate to [
a person
] 
an individual who is
 younger than 21
years [
of age
] 
old
 if the driver license certificate is not distinguished as required for [
a person
]
an individual who is
 younger than 21 years [
of age
] 
old
 under Section 
53-3-207
; or
(c) acquire, use, display, or transfer a false or altered driver license certificate to
procure[
:
] 
a tobacco product or an electronic cigarette product, as those terms are defined in
Section 
76-10-101
.
[
(i) a cigarette;
]
[
(ii) an electronic cigarette, as defined in Section 
76-10-101
;
]
[
(iii) tobacco; or
]
[
(iv) a tobacco product.
]
(4) [
A person
] 
An individual
 may not use, display, or transfer a false or altered driver
license certificate to procure alcoholic beverages, gain admittance to a place where alcoholic
beverages are sold or consumed, or obtain employment that may not be obtained by a minor in
violation of Section 
32B-1-403
.
(5) It is a third degree felony if [
a person's
] 
an individual's
 acquisition, use, display, or
transfer of a false or altered driver license certificate:
(a) aids or furthers the [
person's
] 
individual's
 efforts to fraudulently obtain goods or
services; or
(b) aids or furthers the [
person's
] 
individual's
 efforts to commit a violent felony.
Section 14. Section 
53-3-810
 is amended to read:
53-3-810.
Prohibited uses of identification card -- Penalties.
(1) It is a class C misdemeanor to:
(a) lend or knowingly permit the use of an identification card issued to the [
person
]
individual
, by [
a person
] 
an individual
 not entitled to [
it
] 
the identification card
;
(b) display or to represent as the [
person's
] 
individual's
 own 
identification card
 an
identification card not issued to the [
person
] 
individual
;
(c) refuse to surrender to the division or a peace officer upon demand any identification
card issued by the division;
(d) use a false name or give a false address in any application for an identification card
or any renewal or duplicate of the identification card, or to knowingly make a false statement,
or to knowingly conceal a material fact in the application;
(e) display a revoked identification card as a valid identification card;
(f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
identification card issued by a governmental entity if the item is not an authentic identification
card issued by that governmental entity; or
(g) alter any information contained on an authentic identification card so that it no
longer represents the information originally displayed.
(2) It is a class A misdemeanor to knowingly:
(a) issue an identification card with false or fraudulent information;
(b) issue an identification card to [
any person
] 
an individual who is
 younger than 21
years [
of age
] 
old
 if the identification card is not distinguished as required for [
a person
] 
an
individual who is
 younger than 21 years [
of age
] 
old
 under Section 
53-3-806
; or
(c) acquire, use, display, or transfer a false or altered identification card to procure[
:
] 
a
tobacco product or an electronic cigarette product, as those terms are defined in Section
76-10-101
.
[
(i) a cigarette;
]
[
(ii) an electronic cigarette, as defined in Section 
76-10-101
;
]
[
(iii) tobacco; or
]
[
(iv) a tobacco product.
]
(3) [
A person
] 
An individual
 may not knowingly use, display, or transfer a false or
altered identification card to procure alcoholic beverages, gain admittance to a place where
alcoholic beverages are sold or consumed, or obtain employment that may not be obtained by a
minor in violation of Section 
32B-1-403
.
(4) It is a third degree felony if [
a person's
] 
an individual's
 acquisition, use, display, or
transfer of a false or altered identification card:
(a) aids or furthers the [
person's
] 
individual's
 efforts to fraudulently obtain goods or
services; or
(b) aids or furthers the [
person's
] 
individual's
 efforts to commit a violent felony.
Section 15. Section 
53G-8-209
 is amended to read:
53G-8-209.
Extracurricular activities -- Prohibited conduct -- Reporting of
violations -- Limitation of liability.
(1) The Legislature recognizes that:
(a) participation in student government and extracurricular activities may confer
important educational and lifetime benefits upon students, and encourages school districts and
charter schools to provide a variety of opportunities for all students to participate in such
activities in meaningful ways;
(b) there is no constitutional right to participate in these types of activities, and does
not through this section or any other provision of law create such a right;
(c) students who participate in student government and extracurricular activities,
particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
those activities, become role models for others in the school and community;
(d) these individuals often play major roles in establishing standards of acceptable
behavior in the school and community, and establishing and maintaining the reputation of the
school and the level of community confidence and support afforded the school; and
(e) it is of the utmost importance that those involved in student government, whether as
officers or advisors, and those involved in competitive athletics and related activities, whether
students or staff, comply with all applicable laws and standards of behavior and conduct
themselves at all times in a manner befitting their positions and responsibilities.
(2) (a) The state board may, and local school boards and charter school governing
boards shall, adopt rules or policies implementing this section that apply to both students and
staff.
(b) The rules or policies described in Subsection (2)(a) shall include prohibitions
against the following types of conduct in accordance with Section 
53G-8-211
, while in the
classroom, on school property, during school sponsored activities, or regardless of the location
or circumstance, affecting a person or property described in Subsections 
53G-8-203
(1)(e)(i)
through (iv):
(i) 
the
 use of foul, abusive, or profane language while engaged in school related
activities;
(ii) 
the
 illicit use, possession, or distribution of
:
(A) a
 controlled [
substances
] 
substance
 or drug paraphernalia[
, and the use, possession,
or distribution of an electronic cigarette as defined in Section 
76-10-101
, tobacco, or alcoholic
beverages contrary to law; and
]
;
(B) a tobacco product or an electronic cigarette product, as those terms are defined in
Section 
76-10-101
; or
(C) an alcoholic beverage;
(iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
behavior involving physical violence, restraint, improper touching, or inappropriate exposure
of body parts not normally exposed in public settings, forced ingestion of any substance, or any
act which would constitute a crime against a person or public order under Utah law.
(3) (a) School employees who reasonably believe that a violation of this section may
have occurred shall immediately report that belief to the school principal, district
superintendent, or chief administrative officer of a charter school.
(b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
alleged incident, and actions taken in response, to the district superintendent or the
superintendent's designee within 10 working days after receipt of the report.
(c) Failure of a person holding a professional certificate to report as required under this
Subsection (3) constitutes an unprofessional practice.
(4) Limitations of liability set forth under Section 
53G-8-405
 apply to this section.
Section 16. Section 
59-14-703 (Effective 07/01/20)
 is amended to read:
59-14-703 (Effective 07/01/20).
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 an individual younger than [
the age specified
in Subsection (6)
] 
years old
 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.
]
[
(7)
] 
(6)
 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.
[
(8)
] 
(7)
 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 17. Section 
63I-1-210
 is amended to read:
63I-1-210.
Repeal dates, Title 10.
(1) Subsection 
10-8-41.6
(7), the language that states "December 31, 2018" is repealed
July 1, 2022, and replaced with "December 31, 2015".
(2)
 Section 
10-9a-526
 is repealed December 31, 2020. 
Section 18. Section 
63I-1-217
 is amended to read:
63I-1-217.
Repeal dates, Title 17.
(1)
 Subsection 
17-16-21
(2)(d) is repealed July 1, 2023.
(2) Subsection 
17-50-333
(7), the language that states "December 31, 2018" is repealed
July 1, 2022, and replaced with "December 31, 2015".
Section 19. Section 
76-8-311.3
 is amended to read:
76-8-311.3.
Items prohibited in correctional and mental health facilities --
Penalties.
(1) As used in this section:
(a) "Contraband" means any item not specifically prohibited for possession by
offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
(b) "Controlled substance" means any substance defined as a controlled substance
under Title 58, Chapter 37, Utah Controlled Substances Act.
(c) "Correctional facility" means:
(i) any facility operated by or contracting with the Department of Corrections to house
offenders in either a secure or nonsecure setting;
(ii) any facility operated by a municipality or a county to house or detain criminal
offenders;
(iii) any juvenile detention facility; and
(iv) any building or grounds appurtenant to the facility or lands granted to the state,
municipality, or county for use as a correctional facility.
(d) "Electronic cigarette[
" is as
] 
product" means the same as that term is
 defined in
Section 
76-10-101
.
(e) "Medicine" means any prescription drug as defined in Title 58, Chapter 17b,
Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,
Chapter 37, Utah Controlled Substances Act.
(f) "Mental health facility" is as defined in Section 
62A-15-602
.
(g) "Offender" means a person in custody at a correctional facility.
(h) "Secure area" is as defined in Section 
76-8-311.1
.
(i) "Tobacco product" means the same as that term is defined in Section 
76-10-101
.
(2) Notwithstanding Section 
76-10-500
, a correctional or mental health facility may
provide by rule that no firearm, ammunition, dangerous weapon, implement of escape,
explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any
quantity may be:
(a) transported to or upon a correctional or mental health facility;
(b) sold or given away at any correctional or mental health facility;
(c) given to or used by any offender at a correctional or mental health facility; or
(d) knowingly or intentionally possessed at a correctional or mental health facility.
(3) It is a defense to any prosecution under this section if the accused in committing the
act made criminal by this section with respect to:
(a) a correctional facility operated by the Department of Corrections, acted in
conformity with departmental rule or policy;
(b) a correctional facility operated by a municipality, acted in conformity with the
policy of the municipality;
(c) a correctional facility operated by a county, acted in conformity with the policy of
the county; or
(d) a mental health facility, acted in conformity with the policy of the mental health
facility.
(4) (a) [
Any person
] 
An individual
 who transports to or upon a correctional facility, or
into a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or
implement of escape with intent to provide or sell it to any offender, is guilty of a second
degree felony.
(b) [
Any person
] 
An individual
 who provides or sells to any offender at a correctional
facility, or any detainee at a secure area of a mental health facility, any firearm, ammunition,
dangerous weapon, or implement of escape is guilty of a second degree felony.
(c) [
Any
] 
An
 offender who possesses at a correctional facility, or [
any
] 
a
 detainee who
possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous
weapon, or implement of escape is guilty of a second degree felony.
(d) [
Any person
] 
An individual
 who, without the permission of the authority operating
the correctional facility or the secure area of a mental health facility, knowingly possesses at a
correctional facility or a secure area of a mental health facility any firearm, ammunition,
dangerous weapon, or implement of escape is guilty of a third degree felony.
(e) [
Any person
] 
An individual
 violates Section 
76-10-306
 who knowingly or
intentionally transports, possesses, distributes, or sells any explosive in a correctional facility or
mental health facility.
(5) (a) [
A person
] 
An individual
 is guilty of a third degree felony who, without the
permission of the authority operating the correctional facility or secure area of a mental health
facility, knowingly transports to or upon a correctional facility or into a secure area of a mental
health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, whether or not lawfully prescribed for the offender; or
(iii) poison in any quantity.
(b) [
A person
] 
An individual
 is guilty of a third degree felony who knowingly violates
correctional or mental health facility policy or rule by providing or selling to any offender at a
correctional facility or detainee within a secure area of a mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, whether or not lawfully prescribed for the offender; or
(iii) poison in any quantity.
(c) An inmate is guilty of a third degree felony who, in violation of correctional or
mental health facility policy or rule, possesses at a correctional facility or in a secure area of a
mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, other than medicine provided by the facility's health care providers in
compliance with facility policy; or
(iii) poison in any quantity.
(d) [
A person
] 
An individual
 is guilty of a class A misdemeanor who, with the intent to
directly or indirectly provide or sell any tobacco product or electronic cigarette 
product
 to an
offender, directly or indirectly:
(i) transports, delivers, or distributes any tobacco product or electronic cigarette
product
 to an offender or on the grounds of any correctional facility;
(ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
person to transport any tobacco product or electronic cigarette 
product
 to an offender or on any
correctional facility, if the person is acting with the mental state required for the commission of
an offense; or
(iii) facilitates, arranges, or causes the transport of any tobacco product or electronic
cigarette 
product
 in violation of this section to an offender or on the grounds of any
correctional facility.
(e) [
A person
] 
An individual
 is guilty of a class A misdemeanor who, without the
permission of the authority operating the correctional or mental health facility, fails to declare
or knowingly possesses at a correctional facility or in a secure area of a mental health facility
any:
(i) spirituous or fermented liquor;
(ii) medicine; or
(iii) poison in any quantity.
(f) [
A person
] 
An individual
 is guilty of a class B misdemeanor who, without the
permission of the authority operating the correctional facility, knowingly engages in any
activity that would facilitate the possession of any contraband by an offender in a correctional
facility. The provisions of Subsection (5)(d) regarding any tobacco product or electronic
cigarette 
product
 take precedence over this Subsection (5)(f).
(g) Exemptions may be granted for worship for Native American inmates pursuant to
Section 
64-13-40
.
(6) The possession, distribution, or use of a controlled substance at a correctional
facility or in a secure area of a mental health facility shall be prosecuted in accordance with
Title 58, Chapter 37, Utah Controlled Substances Act.
(7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to establish guidelines for providing written notice to visitors that providing
any tobacco product or electronic cigarette 
product
 to offenders is a class A misdemeanor.
Section 20. Section 
76-10-101
 is amended to read:
76-10-101.
Definitions.
As used in this part:
(1) "Cigar" means a product that contains nicotine, is intended to be burned under
ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in
any substance containing tobacco, other than any roll of tobacco that is a cigarette as described
in Subsection (2).
(2) "Cigarette" means a product that contains nicotine, is intended to be burned under
ordinary conditions of use, and consists of:
(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(b) any roll of tobacco wrapped in any substance containing tobacco which, because of
its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to
be offered to, or purchased by, consumers as a cigarette described in Subsection (2)(a).
[
(3) "Electronic cigarette" means an electronic cigarette product, as defined in Section
59-14-802
.
]
(3) (a) "Electronic cigarette" means:
(i) any electronic oral device:
(A) that provides an aerosol or a vapor of nicotine or other substance; and
(B) which simulates smoking through the use or inhalation of the device;
(ii) a component of the device described in Subsection (3)(a)(i); and
(iii) an accessory sold in the same package as the device described in Subsection
(3)(a)(i).
(b) "Electronic cigarette" includes an oral device that is:
(i) composed of a heating element, battery, or electronic circuit; and
(ii) marketed, manufactured, distributed, or sold as:
(A) an e-cigarette;
(B) an e-cigar;
(C) an e-pipe; or
(D) any other product name or descriptor, if the function of the product meets the
definition of Subsection (3)(a).
(4) "Electronic cigarette product" means an electronic cigarette, an electronic cigarette
substance, or a prefilled electronic cigarette.
(5) "Electronic cigarette substance" means any substance, including liquid containing
nicotine, used or intended for use in an electronic cigarette.
(6) (a) "Flavored electronic cigarette product" means an electronic cigarette product
that has a taste or smell that is distinguishable by an ordinary consumer either before or during
use or consumption of the electronic cigarette product.
(b) "Flavored electronic cigarette product" includes an electronic cigarette product that
has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, herb, or spice.
(c) "Flavored electronic cigarette product" does not include an electronic cigarette
product that:
(i) has a taste or smell of only tobacco, mint, or menthol; or
(ii) has been approved by an order granting a premarket tobacco product application of
the electronic cigarette product by the United States Food and Drug Administration under 21
U.S.C. Sec. 387j(c)(1)(A)(i).
[
(4)
] 
(7)
 "Place of business" includes:
(a) a shop;
(b) a store;
(c) a factory;
(d) a public garage;
(e) an office;
(f) a theater;
(g) a recreation hall;
(h) a dance hall;
(i) a poolroom;
(j) a café;
(k) a cafeteria;
(l) a cabaret;
(m) a restaurant;
(n) a hotel;
(o) a lodging house;
(p) a streetcar;
(q) a bus;
(r) an interurban or railway passenger coach;
(s) a waiting room; and
(t) any other place of business.
(8) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled
with an electronic cigarette substance.
(9) "Retail tobacco specialty business" means the same as that term is defined in
Section 
26-62-102
.
[
(5)
] 
(10)
 "Smoking" means the possession of any lighted cigar, cigarette, pipe, or other
lighted smoking equipment.
(11) (a) "Tobacco paraphernalia" means equipment, product, or material of any kind
that is used, intended for use, or designed for use to package, repackage, store, contain,
conceal, ingest, inhale, or otherwise introduce a tobacco product or an electronic cigarette
substance into the human body.
(b) "Tobacco paraphernalia" includes:
(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) water pipes;
(iii) carburetion tubes and devices;
(iv) smoking and carburetion masks;
(v) 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;
(vi) chamber pipes;
(vii) carburetor pipes;
(viii) electric pipes;
(ix) air-driven pipes;
(x) chillums;
(xi) bongs; and
(xii) ice pipes or chillers.
(c) "Tobacco paraphernalia" does not include matches or lighters.
(12) "Tobacco product" means:
(a) a cigar;
(b) a cigarette; and
(c) tobacco in any form, including:
(i) chewing tobacco; and
(ii) any substitute for tobacco, including flavoring or additives to tobacco.
(13) "Tobacco retailer" means:
(a) a general tobacco retailer, as that term is defined in Section 
26-62-102
; and
(b) a retail tobacco specialty business.
Section 21. Section 
76-10-103 (Effective 07/01/20)
 is amended to read:
76-10-103 (Effective 07/01/20).
Permitting minors to use a tobacco product or an
electronic cigarette product in place of business.
It is a class C misdemeanor for the proprietor of any place of business to knowingly
permit an individual under [
the following ages
] 
years old
 to frequent a place of business
while the individual is using [
tobacco:
] 
a tobacco product or an electronic cigarette product.
[
(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 22. Section 
76-10-104 (Effective 07/01/20)
 is amended to read:
76-10-104 (Effective 07/01/20).
Providing a tobacco product or electronic
cigarette product to a minor -- Penalties.
[
(1) A person violates this section who knowingly, intentionally, recklessly, or with
criminal negligence provides a cigar, cigarette, electronic cigarette, or tobacco in any form, to
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)
] 
(1)
 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.
(2) An individual who knowingly, intentionally, recklessly, or with criminal negligence
provides a tobacco product or an electronic cigarette product to an individual who is under 21
years old, is guilty of:
(a) a class C misdemeanor on the first offense;
(b) a class B misdemeanor on the second offense; and
(c) a class A misdemeanor on any subsequent offense.
(3) This section does not apply to conduct of an employee of a tobacco retailer that is a
violation of Section 
76-10-114
.
Section 23. Section 
76-10-104.1 (Effective 07/01/20)
 is amended to read:
76-10-104.1 (Effective 07/01/20).
Providing tobacco paraphernalia to a minor --
Penalties.
(1) [
For purposes of this section: (a) "Provides"
] 
As used in this section, "provides"
:
[
(i)
] 
(a)
 includes selling, giving, furnishing, sending, or causing to be sent; and
[
(ii)
] 
(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.
[
(b) "Tobacco paraphernalia":
]
[
(i) means equipment, product, or material of any kind 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
] 
an individual
 to knowingly, intentionally,
recklessly, or with criminal negligence provide tobacco paraphernalia to an individual under[
:
(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
] 
An individual
 who violates this section is guilty of
:
(i)
 a class C misdemeanor on the first offense
;
 and
(ii)
 a class B misdemeanor on 
any
 subsequent [
offenses
] 
offense
.
Section 24. Section 
76-10-105 (Effective 07/01/20)
 is amended to read:
76-10-105 (Effective 07/01/20).
Buying or possessing a tobacco product or an
electronic cigarette product by a minor -- Penalty -- Compliance officer authority --
Juvenile court jurisdiction.
(1) [
(a)
] An individual who is 18 years 
old
 or older, but younger than [
the age specified
in Subsection (1)(b)
] 
years old
, and 
who
 buys or attempts to buy, accepts, or has in the
individual's possession [
any cigar, cigarette, electronic cigarette, or tobacco in any form
] 
a
tobacco product or an electronic cigarette product
 is
:
(a)
 guilty of an infraction
;
 and
(b)
 subject to:
(i) a minimum fine or penalty of $60; and
(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) 
(a)
 An individual 
who is
 under [
the age of
] 18 
years old and
 who buys or attempts
to buy, accepts, or has in the individual's possession [
any cigar, cigarette, electronic cigarette,
or tobacco in any form
] 
a tobacco product or an electronic cigarette product
 is subject to the
jurisdiction of the juvenile court and subject to Section 
78A-6-602
, unless the violation is
committed on school property.
(b)
 If a violation under this section is adjudicated under Section 
78A-6-117
, the minor
may be subject to the following:
[
(a)
] 
(i)
 a fine or penalty, in accordance with Section 
78A-6-117
; and
[
(b)
] 
(ii)
 participation in a court-approved tobacco education program, which may
include a participation fee.
(3) 
(a)
 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.
(b)
 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 25. Section 
76-10-105.1 (Effective 07/01/20)
 is amended to read:
76-10-105.1 (Effective 07/01/20).
Requirement of direct, face-to-face sale of
tobacco products and electronic cigarette products -- Minors not allowed in retail tobacco
specialty business -- Penalties.
(1) As used in this section:
[
(a) "Cigarette" means the same as that term is defined in Section 
59-14-102
.
]
[
(b)
] 
(a)
 (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)
] 
(b)
 "Retailer" means a person who:
(i) sells a [
cigarette, tobacco,
] 
tobacco product
 or an electronic cigarette 
product
 to an
individual for personal consumption; or
(ii) operates a facility with a vending machine that sells a [
cigarette, tobacco,
] 
tobacco
product
 or an electronic cigarette 
product
.
[
(d)
] 
(c)
 "Self-service display" means a display of a [
cigarette, tobacco,
] 
tobacco
product
 or an electronic cigarette 
product
 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,
]
tobacco product
 or an electronic cigarette 
product
 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 
retail
 tobacco specialty [
shop
] 
business
.
(4) [
(a)
] An individual who [
is less than the age specified in Subsection (4)(b)
] 
is under
years old
 may not enter or be present at a [
tobacco specialty shop
] 
retail tobacco specialty
business
 unless the individual is:
[
(i)
] 
(a)
 accompanied by a parent or legal guardian;
[
(ii)
] 
(b)
 present at the [
tobacco shop
] 
retail tobacco specialty business
 for a bona fide
commercial purpose other than to purchase a [
cigarette, tobacco,
] 
tobacco product
 or an
electronic cigarette[
; or
] 
product.
[
(iii) 18 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
] 
retail
tobacco specialty business
, may not allow the individual to purchase a [
cigarette, tobacco,
]
tobacco product
 or an electronic cigarette 
product
.
(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
] 
any
 subsequent offenses.
(7) An individual who violates Subsection (5) is guilty of [
providing tobacco to a
minor
] 
an offense
 under Section 
76-10-104
.
[
(8) (a) 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 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 26. Section 
76-10-111
 is amended to read:
76-10-111.
Prohibition of gift or free distribution of smokeless tobacco or
electronic cigarettes products -- Exceptions.
(1) The Legislature finds that:
(a) smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who
use [
those products
] 
smokeless tobacco
 because research indicates that [
they
] 
smokeless
tobacco
 may cause mouth or oral cancers;
(b) the use of smokeless tobacco among juveniles in this state is increasing rapidly;
(c) the use of electronic [
cigarettes
] 
cigarette products
 may lead to unhealthy behavior
such as the use of tobacco products; and
(d) it is necessary to restrict the gift of the products described in this Subsection (1) in
the interest of the health of the citizens of this state.
(2) 
(a)
 Except as provided in Subsection (3), it is unlawful for a manufacturer,
wholesaler, and retailer to
:
(i)
 give or distribute without charge any smokeless tobacco, chewing tobacco, or 
an
electronic cigarette 
product
 in this state[
.
]
;
(ii) except as provided in Subsection (2)(b), sell, offer for sale, or furnish an electronic
cigarette product at less than the cost of the product to the manufacturer, wholesaler, or retailer;
or
(iii) give, distribute, sell, offer for sale, or furnish an electronic cigarette product for
free or at a lower price because the purchaser makes another purchase.
(b) The price that a manufacturer, wholesaler, or retailer may charge under Subsection
(2)(a)(ii) does not include a discount for:
(i) a physical manufacturer coupon:
(A) that is surrendered to the retailer at the time of sale; and
(B) for which the manufacturer will reimburse the wholesaler or retailer for the full
amount of the discount described in the manufacturer coupon and provided to the purchaser;
(ii) a rebate that will be paid to the manufacturer, wholesaler, or retailer for the full
amount of the rebate provided to the purchaser; or
(iii) a promotional fund that will be paid to the manufacturer, wholesaler, or retailer for
the full amount of the promotional fund to the purchaser.
(3)
 [
Any person
] 
An individual
 who violates this section is guilty of
:
(a)
 a class C misdemeanor for the first offense[
,
]
;
 and [
is guilty of
]
(b)
 a class B misdemeanor for any subsequent offense.
[
(3)
] 
(4)
 (a) Smokeless tobacco, chewing tobacco, or an electronic cigarette 
product
may be distributed to [
adults
] 
an adult
 without charge at 
a
 professional [
conventions
]
convention
 where the general public is excluded.
[
(b) Subsection (2) does not apply to a retailer, manufacturer, or distributor who gives
smokeless tobacco, chewing tobacco, or an electronic cigarette to a person of legal age upon
the person's purchase of another tobacco product or electronic cigarette.
]
Section 27. Section 
76-10-112
 is amended to read:
76-10-112.
Prohibition of distribution of a tobacco product -- Exceptions.
(1) Except as provided in Subsection [
(2)
] 
(3)
, it is unlawful for a manufacturer,
wholesaler, or retailer to give or distribute [
cigarettes or other tobacco products
] 
a tobacco
product
 in this state without charge.
(2)
 [
Any person
] 
An individual
 who violates this subsection is guilty of
:
(a)
 a class C misdemeanor for the first offense
;
 and
(b)
 a class B misdemeanor for any subsequent offense.
[
(2) Cigarettes and other tobacco products
]
(3) A tobacco product
 may be distributed to [
adults
] 
an adult
 without charge at 
a
professional [
conventions
] 
convention
 where the general public is excluded.
[
(3)
] 
(4)
 The prohibition described in Subsection (1) does not apply to [
retailers,
manufacturers, or distributors who give cigarettes or other tobacco products to persons of legal
age upon their purchase of cigarettes or other tobacco products
] 
a tobacco retailer, a
manufacturer, or a distributor that gives a tobacco product to an individual who is 21 years old
or older upon the individual's purchase of a tobacco product
.
Section 28. Section 
76-10-113
 is enacted to read:
 76-10-113.
Prohibition on distribution of flavored electronic cigarette products.
(1) It is unlawful for a tobacco retailer that is not a retail tobacco specialty business to
give, distribute, sell, offer for sale, or furnish a flavored electronic cigarette product to any
person.
(2) An individual who violates this section is guilty of:
(a) a class C misdemeanor for the first offense; and
(b) a class B misdemeanor for any subsequent offense.
Section 29. Section 
76-10-114
 is enacted to read:
 76-10-114.
Unlawful sale of a tobacco product or electronic cigarette product.
(1) As used in this section:
(a) "Compensatory service" means service or unpaid work performed by an employee,
in lieu of the payment of a fine or imprisonment.
(b) "Employee" means an employee or an owner of a tobacco retailer.
(2) It is unlawful for an employee to knowingly or intentionally sell or give a tobacco
product or an electronic cigarette product in the course of business to an individual who is
under 21 years old.
(3) An employee who violates this section is:
(a) on a first violation:
(i) guilty of an infraction; and
(ii) subject to:
(A) a fine not exceeding $1,000; or
(B) compensatory service;
(b) on any subsequent violation:
(i) guilty of a class C misdemeanor; and
(ii) subject to:
(A) a fine not exceeding $2,000; or
(B) compensatory service.
Section 30. Section 
76-10-115
 is enacted to read:
 76-10-115.
Unlawful transfer or use of proof of age.
(1) As used in this section:
(a) "Proof of age" means:
(i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
Card Act;
(ii) a valid identification that:
(A) is substantially similar to an identification card issued under Title 53, Chapter 3,
Part 8, Identification Card Act;
(B) is issued in accordance with the laws of a state other than Utah in which the
identification is issued;
(C) includes date of birth; and
(D) has a picture affixed;
(iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
Driver License Act, or in accordance with the laws of the state in which the valid driver license
is issued;
(iv) a valid United States military identification card that:
(A) includes date of birth; and
(B) has a picture affixed; or
(v) a valid passport.
(b) "Proof of age" does not include a driving privilege card issued in accordance with
Section 
53-3-207
.
(2) An individual who knowingly and intentionally transfers that individual's proof of
age to another individual to aid that individual in purchasing a tobacco product or an electronic
cigarette product, or in gaining admittance to any part of the premises of a retail tobacco
specialty business, is guilty of a class B misdemeanor.
(3) An individual who knowingly and intentionally uses proof of age containing false
information with the intent to purchase a tobacco product or an electronic cigarette product, or
to gain admittance to any part of the premises of a retail tobacco specialty business, is guilty of
a class A misdemeanor.
Section 31. Section 
76-10-116
 is enacted to read:
 76-10-116.
Ordinances, rules, and regulations.
(1) Except as provided in Subsection (2), an ordinance, rule, or regulation adopted by a
governing body of a political subdivision of the state or a state agency is superseded if:
(a) the ordinance, rule, or regulation affects:
(i) the minimum age of sale for a tobacco product, an electronic cigarette product, or
tobacco paraphernalia;
(ii) the provision or sale of a tobacco product, an electronic cigarette product, or
tobacco paraphernalia;
(iii) the flavoring of a tobacco product or an electronic cigarette product;
(iv) the purchase or possession of a tobacco product, an electronic cigarette product, or
tobacco paraphernalia; or
(v) the placement or display of a tobacco product or an electronic cigarette product;
and
(b) the ordinance, rule, or regulation is not essentially identical to any state statute
relating to the applicable subject described in Subsection (1)(a).
(2) A governing body of a political subdivision of the state or a state agency may adopt
an ordinance, rule, or regulation on a subject described in Subsections (1)(a)(i) through (v) if
the governing body of a political subdivision of the state or a state agency is authorized by
statute to adopt the ordinance, rule, or regulation.
(3) Subsection (1) does not apply to the adoption or enforcement of a land use
ordinance by a municipal or county government.
Section 32. Section 
77-39-101 (Effective 07/01/20)
 is amended to read:
77-39-101 (Effective 07/01/20).
Investigation of sales of alcohol, tobacco products,
and electronic cigarettes products to underage individuals.
(1) As used in this section[
, "electronic cigarette" is as
]
:
(a) "Electronic cigarette product" means the same as that term is
 defined in Section
76-10-101
.
(b) "Tobacco product" means the same as that term is 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 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
] 
76-10-114
 by requesting an individual under [
the age specified
in Subsection (2)(e)
] 
years old
 to enter into and attempt to purchase or make a purchase
from a retail establishment of:
(A) a [
cigar
] 
tobacco product
; 
or
[
(B) a cigarette;
]
[
(C) tobacco in any form; or
]
[
(D)
] 
(B)
 an electronic cigarette 
product
.
(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
] 
tobacco product
; 
or
[
(B) a cigarette;
]
[
(C) tobacco in any form; or
]
[
(D)
] 
(B)
 an electronic cigarette 
product
.
(d) If a citation or information is issued, [
it
] 
the citation or information
 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 
products
, or [
an
] electronic cigarette 
products
.
(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
] 
tobacco
product
, or an electronic cigarette 
product
 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[
:
] 
within a 12-month period:
[
(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.
]
(i) on a random basis at any one retail establishment location, not more often than four
times for the attempted purchase of alcohol; and
(ii) a minimum of two times at a retail establishment that sells tobacco products or
electronic cigarette products for the attempted purchase of a tobacco product or an electronic
cigarette product.
(b) This section does not prohibit an investigation or an attempt to purchase [
tobacco
]
alcohol, a tobacco product, or an electronic cigarette product
 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
] 
tobacco product
, or an electronic cigarette 
product
 to
an individual under the age established by Section 
32B-4-403
 or [
76-10-104
] 
76-10-114
; 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 33. 
Effective date.
This bill takes effect on July 1, 2020.
Section 34. 
 Coordinating H.B. 23 with S.B. 37 -- Superseding technical and
substantive amendments.
If this H.B. 23 and S.B. 37, Electronic Cigarette and Other Nicotine Product
Amendments, both pass and become law, it is the intent of the Legislature that the Office of
Legislative Research and General Counsel, in preparing the Utah Code database for
publication:
(1) not make the changes in H.B. 23 to Subsections 
10-8-41.6
(1)(g)(i) and
17-50-333
(1)(f)(i), regarding a retail tobacco specialty business;
(2) not make the changes in S.B. 37 to Subsection 
26-62-305
(3)(b);
(3) modify Subsections 
26-62-305
(3) and (4) in H.B. 23 to read:
"(3) If a violation is found in an investigation of a general tobacco retailer by a law
enforcement agency under Section 
77-39-101
 for the sale of a tobacco product, an electronic
cigarette product, or a nicotine product to an individual under 21 years old and the violation is
committed by the owner of the general tobacco retailer, the enforcing agency shall:
(a) on a first violation, impose a fine of no more than $2,000 on the general tobacco
retailer; and
(b) on the second violation for the same general tobacco retailer within one year of the
first violation:
(i) impose a fine not exceeding $5,000; and
(ii) revoke the permit for the general tobacco retailer.
(4) If a violation is found in an investigation of a retail tobacco specialty business by a
law enforcement agency under Section 
77-39-101
 for the sale of a tobacco product, an
electronic cigarette product, or a nicotine product to an individual under 21 years old, the
enforcing agency shall apply the provisions of Section 
26-62-402."
; and
(4) not make the changes in H.B. 23 to Section 
76-10-111
.