Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 37 Sixth Substitute (2020GS)

Sponsor

Sen. Christensen, A.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines and coordinates terms;
• increases the minimum age for obtaining, possessing, using, providing, or furnishing of tobacco products, paraphernalia, and under certain circumstances, electronic cigarettes and nicotine products to 21 years old;
• imposes permitting requirements and processes for the sale of a nicotine product;
• requires a tobacco retailer to provide itemized receipts and to maintain an itemized transaction log for sales of a tobacco product, an electronic cigarette product, or a nicotine product;
• establishes a Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Program within the Department of Health;
• creates a committee to advise the department on the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Program;
• creates the Electronic Cigarette, Marijuana, and Other Drug Prevention Grant Program operated by local health departments;
• specifies requirements relating to the Electronic Cigarette, Marijuana, and Other Drug Prevention Grant Program;
• applies civil penalties to the improper sale of a nicotine product;
• requires certain nicotine products to have a statement on the products' exterior packages that the products contain nicotine;
• creates a reduction on certain tax rates for products that are issued a modified risk tobacco product order by the United States Food and Drug Administration;
• imposes licensing and bonding requirements on a person that sells or distributes an electronic cigarette product or a nicotine product;
• imposes an excise tax on the sale in the state of an electronic cigarette substance, a prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic nicotine device substance, and a prefilled nontherapeutic nicotine device;

Every vote on this bill

Bill text

ELECTRONIC CIGARETTE AND OTHER NICOTINE
PRODUCT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Allen M. Christensen
House Sponsor: 
Paul Ray
Cosponsors:
David G. Buxton
Luz Escamilla
Keith Grover
Wayne A. Harper
Lyle W. Hillyard
Jani Iwamoto
Derek L. Kitchen
Karen Mayne
Ann Millner
Ralph Okerlund
Kathleen Riebe
Scott D. Sandall
Jerry W. Stevenson
Ronald Winterton
LONG TITLE
General Description:
This bill enacts and amends provisions relating to electronic cigarette products and
nicotine products.
Highlighted Provisions:
This bill:
▸ defines and coordinates terms;
▸ increases the minimum age for obtaining, possessing, using, providing, or
furnishing of tobacco products, paraphernalia, and under certain circumstances,
electronic cigarettes and nicotine products to 21 years old;
▸ imposes permitting requirements and processes for the sale of a nicotine product;
▸ requires a tobacco retailer to provide itemized receipts and to maintain an itemized
transaction log for sales of a tobacco product, an electronic cigarette product, or a
nicotine product;
▸ establishes a Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
Program within the Department of Health;
▸ creates a committee to advise the department on the Youth Electronic Cigarette,
Marijuana, and Other Drug Prevention Program;
▸ creates the Electronic Cigarette, Marijuana, and Other Drug Prevention Grant
Program operated by local health departments;
▸ specifies requirements relating to the Electronic Cigarette, Marijuana, and Other
Drug Prevention Grant Program;
▸ applies civil penalties to the improper sale of a nicotine product;
▸ requires certain nicotine products to have a statement on the products' exterior
packages that the products contain nicotine;
▸ creates a reduction on certain tax rates for products that are issued a modified risk
tobacco product order by the United States Food and Drug Administration;
▸ imposes licensing and bonding requirements on a person that sells or distributes an
electronic cigarette product or a nicotine product;
▸ imposes an excise tax on the sale in the state of an electronic cigarette substance, a
prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic
nicotine device substance, and a prefilled nontherapeutic nicotine device;
▸ provides for the remittance of the tax collected;
▸ creates the Electronic Cigarette Substance and Nicotine Product Tax Restricted
Account;
▸ addresses use of revenue from the taxation of an electronic cigarette substance, a
prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic
nicotine device substance, and a prefilled nontherapeutic nicotine device;
▸ provides criminal penalties for a sale or a purchase of an electronic cigarette product
or a nicotine product in violation of the law;
▸ prohibits a manufacturer, a wholesaler, or a retailer from providing certain discounts
or giveaways for electronic cigarettes; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-8-41.6
, 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
26-1-7
, as last amended by Laws of Utah 2017, Chapter 419
26-38-2
, as last amended by Laws of Utah 2018, Chapters 231 and 281
26-57-101
, as enacted by Laws of Utah 2015, Chapter 132
26-57-102
, as enacted by Laws of Utah 2015, Chapter 132
26-62-101
, as enacted by Laws of Utah 2018, Chapter 231
26-62-102
, as renumbered and amended by Laws of Utah 2018, Chapter 231
26-62-201
, as enacted by Laws of Utah 2018, Chapter 231
26-62-202
, as last amended by Laws of Utah 2019, Chapter 157
26-62-205
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
26-62-301
, as enacted by Laws of Utah 2018, Chapter 231
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
26-62-306
, as renumbered and amended by Laws of Utah 2018, Chapter 231
26A-1-128
, as enacted by Laws of Utah 2018, Chapter 231
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-4-402
, as last amended by Laws of Utah 2019, Chapters 83, 293, and 451
53G-8-209
, as last amended by Laws of Utah 2019, Chapter 293
59-14-102
, as last amended by Laws of Utah 2013, Chapter 148
59-14-302
, as last amended by Laws of Utah 2014, Chapter 189
59-14-703
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
59-14-801
, as enacted by Laws of Utah 2015, Chapter 132
59-14-802
, as last amended by Laws of Utah 2019, Chapter 136
59-14-803
, as last amended by Laws of Utah 2018, Chapter 231
63I-1-226
, as last amended by Laws of Utah 2019, Chapters 67, 136, 246, 289, 455 and
last amended by Coordination Clause, Laws of Utah 2019, Chapter 246
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
77-39-101
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
ENACTS:
26-7-10
, Utah Code Annotated 1953
26-57-104
, Utah Code Annotated 1953
26-62-206
, Utah Code Annotated 1953
26A-1-129
, Utah Code Annotated 1953
59-14-104
, Utah Code Annotated 1953
59-14-804
, Utah Code Annotated 1953
59-14-805
, Utah Code Annotated 1953
59-14-806
, Utah Code Annotated 1953
59-14-807
, Utah Code Annotated 1953
59-14-808
, Utah Code Annotated 1953
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) "Licensee" means a person licensed under this section to conduct business as a
retail tobacco specialty business.
[
(c)
] 
(e)
 "Local health department" means the same as that term is defined in Section
26A-1-102
.
(f) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
[
(d) "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 accounts
] 
sales of tobacco products, electronic
cigarette products, and nicotine products account
 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
, electronic cigarette products, or nicotine products
;
(iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
tobacco products
, electronic cigarette products, or nicotine products
; or
(iv) the retail space features a self-service display for tobacco products
, electronic
cigarette products, or nicotine 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) a tobacco product as 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, 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
] 
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)
 a valid permit for a retail tobacco specialty business issued under Title 26,
Chapter 62, Tobacco
, Electronic Cigarette, and Nicotine Product
 Retail Permit, by the local
health department having jurisdiction over the area in which the retail tobacco specialty
business is located; and
[
(ii)
] 
(b) (i) for a retailer that sells a tobacco product,
 a valid license 
issued by the State
Tax Commission in accordance with Section 
59-14-201
 or 
59-14-301
 to sell [
tobacco products
from the State Tax Commission.
] 
a tobacco product; and
(ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
license issued by the State Tax Commission in accordance with Section 
59-14-803
 to sell an
electronic cigarette product or a nicotine product.
[
(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 restricting the sale and distribution of
cigarettes and smokeless tobacco 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
, Electronic Cigarette, and Nicotine Product
 Retail Permit; or
(iv) under any other provision of state law or local ordinance.
(7) (a) In accordance with Subsection (7)(b), a retail tobacco specialty business that has
a 
retail tobacco specialty
 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,
2015, 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
, electronic cigarette products, or nicotine 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, 2015.
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, tobacco
products, electronic cigarette products, or nicotine products 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, an electronic cigarette product, or a nicotine product as those terms are defined in
Section 
76-10-101
 to an individual younger than[
:
] 
years old.
[
(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
.
[
(c)
] 
(d)
 "Licensee" means a person licensed under this section to conduct business as a
retail tobacco specialty business.
[
(d)
] 
(e)
 "Local health department" means the same as that term is defined in Section
26A-1-102
.
(f) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
[
(e)
] 
(g)
 "Retail tobacco specialty business" means a commercial establishment in
which:
(i) [
the sale of tobacco products accounts
] 
sales of tobacco products, electronic
cigarette products, and nicotine products account
 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
, electronic cigarette products, or nicotine products
;
(iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
tobacco products
, electronic cigarette products, or nicotine products
; or
(iv) the retail space features a self-service display for tobacco products
, electronic
cigarette products, or nicotine 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, 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
] 
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)
 a valid permit for a retail tobacco specialty business issued under Title 26,
Chapter 62, Tobacco
, Electronic Cigarette, and Nicotine Product
 Retail Permit, by the local
health department having jurisdiction over the area in which the retail tobacco specialty
business is located; and
[
(ii)
] 
(b) (i) for a retailer that sells a tobacco product,
 a valid license 
issued by the State
Tax Commission in accordance with Section 
59-14-201
 or 
59-14-301
 to sell [
tobacco products
from the State Tax Commission.
] 
a tobacco product; or
(ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
license issued by the State Tax Commission in accordance with Section 
59-14-803
 to sell an
electronic cigarette product or a nicotine product.
[
(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 restricting the sale and distribution of
cigarettes and smokeless tobacco 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
, Electronic Cigarette, and Nicotine Product
 Retail Permit; or
(iv) under any other provision of state law or local ordinance.
(7) (a) In accordance with Subsection (7)(b), a retail tobacco specialty business that has
a 
retail tobacco specialty
 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, 2015,
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
, electronic cigarette products, or nicotine 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, 2015.
Section 4. Section 
26-1-7
 is amended to read:
26-1-7.
Committees within department.
(1) There are created within the department the following committees:
(a) Health Facility Committee;
(b) State Emergency Medical Services Committee;
(c) Air Ambulance Committee; 
(d) Health Data Committee;
(e) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
(f) Residential Child Care Licensing Advisory Committee;
(g) Child Care Center Licensing Committee; [
and
]
(h) Primary Care Grant Committee[
.
]
; and
(i) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee.
(2) The department shall:
(a) consolidate advisory groups and committees with other committees or advisory
groups as appropriate to create greater efficiencies and budgetary savings for the department;
and
(b) create in writing, time-limited and subject-limited duties for the advisory groups or
committees as necessary to carry out the responsibilities of the department.
Section 5. Section 
26-7-10
 is enacted to read:
 26-7-10.
Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
Program.
(1) As used in this section:
(a) "Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug
Prevention Committee created in Section 
26-1-7
.
(b) "Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug
Prevention Program created in this section.
(2) (a) There is created within the department the Youth Electronic Cigarette,
Marijuana, and Other Drug Prevention Program.
(b) In consultation with the committee, the department shall:
(i) establish guidelines for the use of funds appropriated to the program;
(ii) ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based and
appropriate for the population targeted by the program; and
(iii) subject to appropriations from the Legislature, fund statewide initiatives to prevent
use of electronic cigarettes, nicotine products, marijuana, and other drugs by youth.
(3) (a) The committee shall advise the department on:
(i) preventing use of electronic cigarettes, marijuana, and other drugs by youth in the
state;
(ii) developing the guidelines described in Subsection (2)(b)(i); and
(iii) implementing the provisions of the program.
(b) The executive director shall:
(i) appoint members of the committee; and
(ii) consult with the Utah Substance Use and Mental Health Advisory Council created
in Section 
63M-7-301
 when making the appointments under Subsection (3)(b)(i).
(c) The committee shall include, at a minimum:
(i) the executive director of a local health department as defined in Section 
26A-1-102
,
or the local health department executive director's designee;
(ii) one designee from the department;
(iii) one representative from the Department of Public Safety;
(iv) one representative from the behavioral health community; and
(v) one representative from the education community.
(d) A member of the committee may not receive compensation or benefits for the
member's service on the committee, but may receive per diem and travel expenses in
accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(e) The department shall provide staff support to the committee.
(4) On or before October 31 of each year, the department shall report to:
(a) the Health and Human Services Interim Committee regarding:
(i) the use of funds appropriated to the program;
(ii) the impact and results of the program, including the effectiveness of each program
funded under Subsection (2)(b)(iii), during the previous fiscal year;
(iii) a summary of the impacts and results on reducing youth use of electronic cigarettes
and nicotine products by entities represented by members of the committee, including those
entities who receive funding through the Electronic Cigarette Substance and Nicotine Product
Tax Restricted Account created in Section 
59-14-807
; and
(iv) any recommendations for legislation; and
(b) the Utah Substance Use and Mental Health Advisory Council created in Section
63M-7-301
, regarding:
(i) the effectiveness of each program funded under Subsection (2)(b)(iii) in preventing
youth use of electronic cigarettes, nicotine products, marijuana, and other drugs; and
(ii) any collaborative efforts and partnerships established by the program with public
and private entities to prevent youth use of electronic cigarettes, marijuana, and other drugs.
Section 6. Section 
26-38-2
 is amended to read:
26-38-2.
Definitions.
As used in this chapter:
[
(1) "E-cigarette":
]
[
(a) means any electronic oral device:
]
[
(i) that provides an aerosol or a vapor of nicotine or other substance; and
]
[
(ii) which simulates smoking through its use or through inhalation of the device; and
]
[
(b) 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) e-cigar;
]
[
(C) e-pipe; or
]
[
(D) any other product name or descriptor, if the function of the product meets the
definition of Subsection (1)(a).
]
(1) "Electronic cigarette" means the same as that term is defined in Section 
76-10-101
.
(2) "Non-tobacco shisha" means any product that:
(a) does not contain tobacco or nicotine; and
(b) is smoked or intended to be smoked in a hookah or water pipe.
(3) "Place of public access" means any enclosed indoor place of business, commerce,
banking, financial service, or other service-related activity, whether publicly or privately owned
and whether operated for profit or not, to which persons not employed at the place of public
access have general and regular access or which the public uses, including:
(a) buildings, offices, shops, elevators, or restrooms;
(b) means of transportation or common carrier waiting rooms;
(c) restaurants, cafes, or cafeterias;
(d) taverns as defined in Section 
32B-1-102
, or cabarets;
(e) shopping malls, retail stores, grocery stores, or arcades;
(f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical
sites, auditoriums, or arenas;
(g) barber shops, hair salons, or laundromats;
(h) sports or fitness facilities;
(i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
breakfast" lodging facilities, and other similar lodging facilities, including the lobbies,
hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any
of these;
(j) (i) any child care facility or program subject to licensure or certification under this
title, including those operated in private homes, when any child cared for under that license is
present; and
(ii) any child care, other than child care as defined in Section 
26-39-102
, that is not
subject to licensure or certification under this title, when any child cared for by the provider,
other than the child of the provider, is present;
(k) public or private elementary or secondary school buildings and educational
facilities or the property on which those facilities are located;
(l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
religious organization when used solely by the organization members or their guests or
families;
(m) any facility rented or leased for private functions from which the general public is
excluded and arrangements for the function are under the control of the function sponsor;
(n) any workplace that is not a place of public access or a publicly owned building or
office but has one or more employees who are not owner-operators of the business;
(o) any area where the proprietor or manager of the area has posted a conspicuous sign
stating "no smoking", "thank you for not smoking", or similar statement; and
(p) a holder of a bar establishment license, as defined in Section 
32B-1-102
.
(4) "Publicly owned building or office" means any enclosed indoor place or portion of
a place owned, leased, or rented by any state, county, or municipal government, or by any
agency supported by appropriation of, or by contracts or grants from, funds derived from the
collection of federal, state, county, or municipal taxes.
(5) "Shisha" means any product that:
(a) contains tobacco or nicotine; and
(b) is smoked or intended to be smoked in a hookah or water pipe.
(6) "Smoking" means:
(a) the possession of any lighted or heated tobacco product in any form;
(b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe,
or hookah that contains:
(i) tobacco or any plant product intended for inhalation;
(ii) shisha or non-tobacco shisha;
(iii) nicotine;
(iv) a natural or synthetic tobacco substitute; or
(v) a natural or synthetic flavored tobacco product;
(c) using an [
e-cigarette
] 
electronic cigarette
; or
(d) using an oral smoking device intended to circumvent the prohibition of smoking in
this chapter.
Section 7. Section 
26-57-101
 is amended to read:
CHAPTER 57. ELECTRONIC CIGARETTE AND NICOTINE PRODUCT
REGULATION ACT
26-57-101.
Title.
This chapter is known as the "Electronic Cigarette 
and Nicotine Product
 Regulation
Act."
Section 8. Section 
26-57-102
 is amended to read:
26-57-102.
Definitions.
As used in this chapter:
(1) "Cigarette" means the same as that term is defined in Section 
59-14-102
.
(2) "Electronic cigarette" means the same as that term is defined in Section
[
59-14-802
] 
76-10-101
.
(3) "Electronic cigarette product" means [
an electronic cigarette or an electronic
cigarette substance.
] 
the same as that term is defined in Section 
76-10-101
.
(4) "Electronic cigarette substance" means the same as that term is defined in Section
[
59-14-802
] 
76-10-101
.
(5) "Local health department" means the same as that term is defined in Section
26A-1-102
.
[
(5)
] 
(6)
 "Manufacture" includes:
(a) to cast, construct, or make electronic cigarettes; or
(b) to blend, make, process, or prepare an electronic cigarette substance.
[
(6)
] 
(7)
 "Manufacturer sealed electronic cigarette substance" means an electronic
cigarette substance that is sold in a container that:
(a) is [
pre-filled
] 
prefilled
 by the electronic cigarette substance manufacturer; and
(b) the electronic cigarette manufacturer does not intend for a consumer to open.
(8) "Nicotine" means the same as that term is defined in Section 
76-10-101
.
(9) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
Section 9. Section 
26-57-104
 is enacted to read:
 26-57-104.
Labeling of nicotine products containing nicotine.
(1) Any nicotine product shall contain the statement described in Subsection (2) if the
nicotine product:
(a) (i) is not a tobacco product as defined in 21 U.S.C. Sec. 321 and related federal
regulations; or
(ii) is not otherwise required under federal or state law to contain a nicotine warning;
and
(b) contains nicotine.
(2) A statement shall appear on the exterior packaging of a nicotine product described
in Subsection (1) as follows:
"This product contains nicotine."
Section 10. Section 
26-62-101
 is amended to read:
CHAPTER 62. TOBACCO, ELECTRONIC CIGARETTE, AND NICOTINE
PRODUCT RETAIL PERMIT
26-62-101.
Title.
This chapter is known as "Tobacco
, Electronic Cigarette, and Nicotine Product
 Retail
Permit."
Section 11. 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) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
[
(6)
] 
(8)
 "Permit" means a tobacco retail permit issued under this chapter.
[
(7)
] 
(9)
 "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)
] 
(10)
 "Tax commission license" means a license issued by the State Tax
Commission under:
(a) Section 
59-14-201
 to sell [
cigarettes
] 
a cigarette
 at retail;
(b) Section 
59-14-301
 to sell [
tobacco products
] 
a tobacco product
 at retail; or
(c) Section 
59-14-803
 to sell an electronic cigarette product 
or a nicotine product
.
[
(9)
] 
(11)
 "Tobacco product" means:
(a) a tobacco product as defined in Section 
76-10-101
; or
(b) tobacco paraphernalia as defined in Section 
76-10-101
.
[
(a) a cigar, cigarette, or electronic cigarette 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)
] 
(12)
 "Tobacco retailer" means a person that is required to obtain a tax
commission license.
Section 12. Section 
26-62-201
 is amended to read:
26-62-201.
Permitting requirement.
(1) (a) [
Beginning July 1, 2018, a
] 
A
 tobacco retailer shall hold a valid tobacco retail
permit issued in accordance with this chapter by the local health department with jurisdiction
over the physical location where the tobacco retailer operates.
(b) A tobacco retailer without a valid permit may not:
(i) place [
tobacco products
] 
a tobacco product, an electronic cigarette product, or a
nicotine product
 in public view;
(ii) display any advertisement related to [
tobacco products
] 
a tobacco product, an
electronic cigarette product, or a nicotine product
 that promotes the sale, distribution, or use of
those products; or
(iii) sell, offer for sale, or offer to exchange for any form of consideration, tobacco [
or
tobacco products
]
, a tobacco product, an electronic cigarette product, or a nicotine product
.
(2) A local health department may issue a permit under this chapter for a tobacco
retailer in the classification of:
(a) a general tobacco retailer; or
(b) a retail tobacco specialty business.
(3) A permit under this chapter is:
(a) valid only for one physical location, including a vending machine;
(b) valid only at one fixed business address; and
(c) if multiple tobacco retailers are at the same address, separately required for each
tobacco retailer.
[
(4) Notwithstanding the requirement in Subsection (1), a person that holds a tax
commission license that was valid on July 1, 2018:
]
[
(a) may operate without a permit under this chapter until December 31, 2018; and
]
[
(b) shall obtain a permit from a local health department under this chapter before
January 1, 2019.
]
Section 13. Section 
26-62-202
 is amended to read:
26-62-202.
Permit application.
(1) A local health department shall issue a permit under this chapter for a tobacco
retailer if the local health department determines that the applicant:
(a) accurately provided all information required under Subsection (3) and, if applicable,
Subsection (4); and
(b) meets all requirements for a permit under this chapter.
(2) An applicant for a permit shall:
(a) submit an application described in Subsection (3) to the local health department
with jurisdiction over the area where the tobacco retailer is located; and
(b) pay all applicable fees described in Section 
26-62-203
.
(3) The application for a permit shall include:
(a) the name, address, and telephone number of each proprietor;
(b) the name and mailing address of each proprietor authorized to receive
permit-related communication and notices;
(c) the business name, address, and telephone number of the single, fixed location for
which a permit is sought;
(d) evidence that the location for which a permit is sought has a valid tax commission
license;
(e) information regarding whether, in the past 24 months, any proprietor of the tobacco
retailer has been determined to have violated, or has been a proprietor at a location that has
been determined to have violated:
(i) a provision of this chapter;
(ii) Chapter 38, Utah Indoor Clean Air Act;
(iii) Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic Chemical
Solvents;
(iv) Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
(v) regulations restricting the sale and distribution of cigarettes and smokeless tobacco
issued by the United States Food and Drug Administration, 21 C.F.R. Part 1140; or
(vi) any other provision of state law or local ordinance regarding the sale, marketing, or
distribution of [
tobacco products
] 
a tobacco product, an electronic cigarette product, or a
nicotine product
; and
(f) the dates of all violations disclosed under this Subsection (3).
(4) (a) In addition to the information described in Subsection (3), an applicant for a
retail tobacco specialty business permit shall include evidence showing whether the 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 of property used or zoned for agricultural or 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) The department or a local health department may not deny a permit to a retail
tobacco specialty business under Subsection (4) if the retail tobacco specialty business obtained
a license to operate the retail tobacco specialty business before December 31, 2015, from:
(a) a municipality under Section 
10-8-41.6
; or
(b) a county under Section 
17-50-333
.
(6) (a) The department shall establish by rule made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, a permit process for local health departments
in accordance with this chapter.
(b) The permit process established by the department under Subsection (6)(a) may not
require any information in an application that is not required by this section.
Section 14. 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) except as provided in Subsection 
76-10-105.1
(4), prohibit any individual from
entering the business if the individual is[
:
] 
younger than 21 years old; and
[
(a) beginning July 1, 2020, and ending June 30, 2021, under 20 years old; and
]
[
(b) beginning July 1, 2021, under 21 years old; and
]
(2) prominently display at the retail tobacco specialty business a sign on the public
entrance of the business that communicates the prohibition in Subsection 
76-10-105.1
(4).
Section 15. Section 
26-62-206
 is enacted to read:
 26-62-206.
Requirements for the sale of tobacco product, electronic cigarette
product, or nicotine product.
(1) A tobacco retailer shall:
(a) provide the customer with an itemized receipt for each sale of a tobacco product, an
electronic cigarette product, or a nicotine product that separately identifies:
(i) the name of the tobacco product, the electronic cigarette product, or the nicotine
product;
(ii) the amount charged for each tobacco product, electronic cigarette product, or
nicotine product; and
(iii) the date and time of the sale; and
(b) maintain an itemized transaction log for each sale of a tobacco product, an
electronic cigarette product, or a nicotine product that separately identifies:
(i) the name of the tobacco product, the electronic cigarette product, or the nicotine
product;
(ii) the amount charged for each tobacco product, electronic cigarette product, or
nicotine 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;
(b) made available to an enforcing agency or a peace officer at the request of the
enforcing agency or the peace officer; and
(c) in addition to any documentation required under Section 
59-1-1406
 and Subsection
59-14-805
(2).
Section 16. Section 
26-62-301
 is amended to read:
26-62-301.
Permit violation.
A person is in violation of the permit issued under this chapter if the person violates:
(1) a provision of this chapter;
(2) a provision of licensing laws under Section 
10-8-41.6
 or Section 
17-50-333
;
(3) a provision of Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic
Chemical Solvents;
(4) a provision of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
(5) a regulation restricting the sale and distribution of cigarettes and smokeless tobacco
issued by the United States Food and Drug Administration under 21 C.F.R. Part 1140; or
(6) any other provision of state law or local ordinance regarding the sale, marketing, or
distribution of [
tobacco products
] 
a tobacco product, an electronic cigarette product, or a
nicotine product
.
Section 17. 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
 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
] 
a tobacco product, an
electronic cigarette product, or a nicotine product
 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
, the enforcing
agency:
(a) may not assess an additional monetary penalty under this chapter for the same
offense for which the conviction was obtained; and
(b) may revoke or suspend a permit in accordance with Section 
26-62-305
.
Section 18. 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 or investigation, only one
violation shall count toward the penalties described in this section.
(2) (a) The administrative penalty for a first violation at a retail location is a penalty of
not more than $500.
(b) The administrative penalty for a second violation at the same retail location that
occurs within one year of a previous violation is a penalty of not more than $750.
(c) The administrative penalty for a third or subsequent violation at the same retail
location that occurs within two years after two or more previous violations is:
(i) a suspension of the retail tobacco business permit for 30 consecutive business days
within 60 days after the day on which the third or subsequent violation occurs; or
(ii) a penalty of not more than $1,000.
(3) The department or a local health department may:
(a) revoke a permit if a fourth violation occurs within two years of three previous
violations;
(b) in addition to a monetary penalty imposed under Subsection (2), suspend the permit
if the violation is due to a sale of [
tobacco products
] 
a tobacco product, an electronic cigarette
product, or a nicotine product
 to an individual under[
:
] 
years old; and
[
(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
]
[
(ii) beginning July 1, 2021, 21 years old; and
]
(c) if applicable, recommend to a municipality or county that a retail tobacco specialty
business license issued under Section 
10-8-41.6
 or 
17-50-333
 be suspended or revoked.
(4) (a) Except when a transfer described in Subsection (5) occurs, a local health
department may not issue a permit to:
(i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (3);
or
(ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
or other holder of significant interest as another tobacco retailer for whom a permit is
suspended or revoked under Subsection (3).
(b) A person whose permit:
(i) is suspended under this section may not apply for a new permit for any other
tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends
the permit; and
(ii) is revoked may not apply for a new permit for any tobacco retailer for a period of
24 months after the day on which an enforcing agency revokes the permit.
(5) Violations of this chapter, Section 
10-8-41.6
, or Section 
17-50-333
 that occur at a
tobacco retailer location shall stay on the record for that tobacco retailer location unless:
(a) the tobacco retailer is transferred to a new proprietor; and
(b) the new proprietor provides documentation to the local health department that the
new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous
proprietor.
Section 19. Section 
26-62-306
 is amended to read:
26-62-306.
Recognition of tobacco retailer training program.
(1) In determining the amount of the monetary penalty to be imposed for an employee's
violation of this chapter, a hearing officer shall reduce the civil penalty by at least 50% if the
hearing officer determines that:
(a) the tobacco retailer has implemented a documented employee training program; and
(b) the employees have completed that training program within 30 days after the day on
which each employee commences the duties of selling [
tobacco products
] 
a tobacco product, an
electronic cigarette product, or a nicotine product
.
(2) (a) For the first offense at a location, if the hearing officer determines under
Subsection (1) that the tobacco retailer licensee has not implemented a documented training
program with a written curriculum for employees at that location regarding compliance with
this chapter, the hearing officer may suspend all or a portion of the penalty if:
(i) the tobacco retailer agrees to initiate a training program for employees at that
location; and
(ii) the training program begins within 30 days after the hearing officer makes a
determination under this Subsection (2)(a).
(b) If the hearing officer determines at a subsequent hearing that the tobacco retailer
has not implemented the training program within the time period required under Subsection
(2)(a)(ii), the hearing officer shall promptly impose the suspended monetary penalty, unless the
tobacco retailer demonstrates good cause for an extension of time for implementation of the
training program.
Section 20. Section 
26A-1-128
 is amended to read:
26A-1-128.
Tobacco, electronic cigarette, and nicotine product permits --
Enforcement.
A local health department:
(1) shall enforce the requirements of Title 26, Chapter 62, Tobacco
, Electronic
Cigarette, and Nicotine Product
 Retail Permit;
(2) may enforce licensing requirements for entities that hold a business license to sell
[
tobacco products
] 
a tobacco product, an electronic cigarette product, or a nicotine product
under Section 
10-8-41.6
 or Section 
17-50-333
; and
(3) may recommend to a municipality or county that the business license of a retail
tobacco specialty business be suspended or revoked for a violation of Section 
10-8-41.6
,
Section 
17-50-333
, or Title 26, Chapter 62, Tobacco
, Electronic Cigarette, and Nicotine
Product
 Retail Permit.
Section 21. Section 
26A-1-129
 is enacted to read:
 26A-1-129.
Electronic Cigarette, Marijuana, and Other Drug Prevention Grant
Program -- Reporting.
(1) As used in this section, "grant program" means the Electronic Cigarette, Marijuana,
and Other Drug Prevention Grant Program created in this section.
(2) There is created the Electronic Cigarette, Marijuana, and Other Drug Prevention
Grant Program which shall be administered by local health departments in accordance with this
section.
(3) (a) A local health department shall administer the grant program with funds
allocated to the grant program under Subsection 
59-14-807
(4)(d), to award grants to:
(i) a coalition of community organizations that is focused on substance abuse
prevention;
(ii) a local government agency, including a law enforcement agency, for a program that
is focused on substance abuse prevention; or
(iii) a local education agency as defined in Section 
53J-1-301
.
(b) A recipient of a grant under the grant program shall use the grant to address root
causes and factors associated with the use of electronic cigarettes, marijuana, and other drugs:
(i) by addressing one or more risk or protective factors identified in the Utah Student
Health and Risk Prevention Statewide Survey; and
(ii) through one or more of the following activities aimed at reducing use of electronic
cigarettes, marijuana, and other drugs:
(A) providing information;
(B) enhancing individual skills;
(C) providing support to activities that reduce risk or enhance protections;
(D) enhancing access or reducing barriers systems, processes, or programs;
(E) changing consequences by addressing incentives or disincentives;
(F) changing the physical design or structure of an environment to reduce risk or
enhance protections; or
(G) supporting modifications or changing policies.
(c) The grant program shall provide funding for a program or purpose that is:
(i) evidence-based; or
(ii) a promising practice as defined by the United States Centers for Disease Control
and Prevention.
(4) (a) An applicant for a grant under the grant program shall submit an application to
the local health department that has jurisdiction over the area in which the applicant is
proposing use of grant funds.
(b) The application described in Subsection (4)(a) shall:
(i) provide a summary of how the applicant intends to expend grant funds; and
(ii) describe how the applicant will meet the requirements described in Subsection (3).
(c) A local health department may establish the form or manner in which an applicant
must submit an application for the grant program under this section.
(5) (a) A local health department shall:
(i) on or before June 30 of each year:
(A) review each grant application the local health department receives for the grant
program; and
(B) select recipients for a grant under the grant program; and
(ii) before July 15 of each year, disperse grant funds to each selected recipient.
(b) A local health department may not award a single grant under this section in an
amount that exceeds $100,000.
(6) (a) Before August 1 of each year, a recipient of a grant under the grant program
shall, for the previous year, submit a report to the local health department that:
(i) provides an accounting for the expenditure of grant funds;
(ii) describes measurable outcomes as a result of the expenditures;
(iii) describes the impact and effectiveness of programs and activities funded through
the grant; and
(iv) indicates the amount of grant funds remaining on the date that the report is
submitted.
(b) (i) A grant recipient shall submit the report described in Subsection (6)(a) before
August 1 of each year until the grant recipient expends all funds awarded to the recipient under
the grant program.
(ii) After a grant recipient expends all funds awarded to the recipient under the grant
program, the grant recipient shall submit a final report to the local health department with the
information described in Subsection (6)(a).
(7) (a) On or before September 1 of each year, each local health department shall
submit the reports described in Subsection (6) to the Association of Local Health Departments.
(b) The Association of Local Health Departments shall compile the reports and, in
collaboration with the Department of Health, submit a report to the Health and Human Services
Interim Committee regarding:
(i) the use of funds appropriated to the grant program;
(ii) the impact and effectiveness of programs and activities that the grant program
funds during the previous fiscal year; and
(iii) any recommendations for legislation.
Section 22. Section 
51-9-203 (Effective 07/01/20)
 is amended to read:
51-9-203 (Effective 07/01/20).
Requirements for tobacco programs.
(1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
cessation, or control program, an organization, whether private, governmental, or
quasi-governmental, shall:
(a) submit a request to the Department of Health containing the following information:
(i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
sound management and periodic evaluation of the campaign's relevance to the intended
audience, particularly in campaigns directed toward youth, including audience awareness of the
campaign and recollection of the main message;
(ii) for school-based education programs to prevent and reduce youth smoking, the
request shall describe how the program will be effective in preventing and reducing youth
smoking;
(iii) for community-based programs to prevent and reduce smoking, the request shall
demonstrate that the proposed program:
(A) has a comprehensive strategy with a clear mission and goals;
(B) provides for committed, caring, and professional leadership; and
(C) if directed toward youth:
(I) offers youth-centered activities in youth accessible facilities;
(II) is culturally sensitive, inclusive, and diverse;
(III) involves youth in the planning, delivery, and evaluation of services that affect
them; and
(IV) offers a positive focus that is inclusive of all youth; and
(iv) for enforcement, control, and compliance program, the request shall demonstrate
that the proposed program can reasonably be expected to reduce the extent to which tobacco
products are available to individuals under [
the following ages:
] 
years old;
[
(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 23. 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;
(b) display or to represent as the [
person's
] 
individual's
 own 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 younger than 21 years of age if the
driver license certificate is not distinguished as required for [
a person
] 
an individual
 younger
than 21 years of age under Section 
53-3-207
; or
(c) acquire, use, display, or transfer a false or altered driver license certificate to
procure[
:
] 
a tobacco product, an electronic cigarette product, or a nicotine 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 24. 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;
(b) display or to represent as the [
person's
] 
individual's
 own 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 if the identification card is not distinguished as required for [
a person
] 
an
individual who is
 younger than 21 years of age under Section 
53-3-806
; or
(c) acquire, use, display, or transfer a false or altered identification card to procure[
:
] 
a
tobacco product, an electronic cigarette product, or a nicotine 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 25. Section 
53G-4-402
 is amended to read:
53G-4-402.
Powers and duties generally.
(1) A local school board shall:
(a) implement the core standards for Utah public schools using instructional materials
that best correlate to the core standards for Utah public schools and graduation requirements;
(b) administer tests, required by the state board, which measure the progress of each
student, and coordinate with the state superintendent and state board to assess results and create
plans to improve the student's progress, which shall be submitted to the state board for
approval;
(c) use progress-based assessments as part of a plan to identify schools, teachers, and
students that need remediation and determine the type and amount of federal, state, and local
resources to implement remediation;
(d) develop early warning systems for students or classes failing to make progress;
(e) work with the state board to establish a library of documented best practices,
consistent with state and federal regulations, for use by the local districts;
(f) implement training programs for school administrators, including basic
management training, best practices in instructional methods, budget training, staff
management, managing for learning results and continuous improvement, and how to help
every child achieve optimal learning in basic academic subjects; and
(g) ensure that the local school board meets the data collection and reporting standards
described in Section 
53E-3-501
.
(2) Local school boards shall spend Minimum School Program funds for programs and
activities for which the state board has established minimum standards or rules under Section
53E-3-501
.
(3) (a) A local school board may purchase, sell, and make improvements on school
sites, buildings, and equipment and construct, erect, and furnish school buildings.
(b) School sites or buildings may only be conveyed or sold on local school board
resolution affirmed by at least two-thirds of the members.
(4) (a) A local school board may participate in the joint construction or operation of a
school attended by children residing within the district and children residing in other districts
either within or outside the state.
(b) Any agreement for the joint operation or construction of a school shall:
(i) be signed by the president of the local school board of each participating district;
(ii) include a mutually agreed upon pro rata cost; and
(iii) be filed with the state board.
(5) A local school board may establish, locate, and maintain elementary, secondary,
and applied technology schools.
(6) Except as provided in Section 
53E-3-905
, a local school board may enroll children
in school who are at least five years of age before September 2 of the year in which admission
is sought.
(7) A local school board may establish and support school libraries.
(8) A local school board may collect damages for the loss, injury, or destruction of
school property.
(9) A local school board may authorize guidance and counseling services for children
and their parents before, during, or following enrollment of the children in schools.
(10) (a) A local school board shall administer and implement federal educational
programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
Education Programs.
(b) Federal funds are not considered funds within the school district budget under
Chapter 7, Part 3, Budgets. 
(11) (a) A local school board may organize school safety patrols and adopt policies
under which the patrols promote student safety.
(b) A student appointed to a safety patrol shall be at least 10 years old and have written
parental consent for the appointment.
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
of a highway intended for vehicular traffic use.
(d) Liability may not attach to a school district, its employees, officers, or agents or to a
safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
the program by virtue of the organization, maintenance, or operation of a school safety patrol.
(12) (a) A local school board may on its own behalf, or on behalf of an educational
institution for which the local school board is the direct governing body, accept private grants,
loans, gifts, endowments, devises, or bequests that are made for educational purposes.
(b) These contributions are not subject to appropriation by the Legislature.
(13) (a) A local school board may appoint and fix the compensation of a compliance
officer to issue citations for violations of Subsection 
76-10-105
(2)
(b)
.
(b) A person may not be appointed to serve as a compliance officer without the
person's consent.
(c) A teacher or student may not be appointed as a compliance officer.
(14) A local school board shall adopt bylaws and policies for the local school board's
own procedures.
(15) (a) A local school board shall make and enforce policies necessary for the control
and management of the district schools.
(b) Local school board policies shall be in writing, filed, and referenced for public
access.
(16) A local school board may hold school on legal holidays other than Sundays.
(17) (a) A local school board shall establish for each school year a school traffic safety
committee to implement this Subsection (17).
(b) The committee shall be composed of one representative of:
(i) the schools within the district;
(ii) the Parent Teachers' Association of the schools within the district;
(iii) the municipality or county;
(iv) state or local law enforcement; and
(v) state or local traffic safety engineering.
(c) The committee shall:
(i) receive suggestions from school community councils, parents, teachers, and others
and recommend school traffic safety improvements, boundary changes to enhance safety, and
school traffic safety program measures;
(ii) review and submit annually to the Department of Transportation and affected
municipalities and counties a child access routing plan for each elementary, middle, and junior
high school within the district;
(iii) consult the Utah Safety Council and the Division of Family Health Services and
provide training to all school children in kindergarten through grade 6, within the district, on
school crossing safety and use; and
(iv) help ensure the district's compliance with rules made by the Department of
Transportation under Section 
41-6a-303
.
(d) The committee may establish subcommittees as needed to assist in accomplishing
its duties under Subsection (17)(c).
(18) (a) A local school board shall adopt and implement a comprehensive emergency
response plan to prevent and combat violence in the local school board's public schools, on
school grounds, on its school vehicles, and in connection with school-related activities or
events.
(b) The plan shall:
(i) include prevention, intervention, and response components;
(ii) be consistent with the student conduct and discipline policies required for school
districts under Chapter 11, Part 2, Miscellaneous Requirements; 
(iii) require professional learning for all district and school building staff on what their
roles are in the emergency response plan;
(iv) provide for coordination with local law enforcement and other public safety
representatives in preventing, intervening, and responding to violence in the areas and activities
referred to in Subsection (18)(a); and
(v) include procedures to notify a student, to the extent practicable, who is off campus
at the time of a school violence emergency because the student is:
(A) participating in a school-related activity; or
(B) excused from school for a period of time during the regular school day to
participate in religious instruction at the request of the student's parent.
(c) The state board, through the state superintendent, shall develop comprehensive
emergency response plan models that local school boards may use, where appropriate, to
comply with Subsection (18)(a).
(d) A local school board shall, by July 1 of each year, certify to the state board that its
plan has been practiced at the school level and presented to and reviewed by its teachers,
administrators, students, and their parents and local law enforcement and public safety
representatives.
(19) (a) A local school board may adopt an emergency response plan for the treatment
of sports-related injuries that occur during school sports practices and events.
(b) The plan may be implemented by each secondary school in the district that has a
sports program for students.
(c) The plan may:
(i) include emergency personnel, emergency communication, and emergency
equipment components;
(ii) require professional learning on the emergency response plan for school personnel
who are involved in sports programs in the district's secondary schools; and
(iii) provide for coordination with individuals and agency representatives who:
(A) are not employees of the school district; and
(B) would be involved in providing emergency services to students injured while
participating in sports events.
(d) The local school board, in collaboration with the schools referred to in Subsection
(19)(b), may review the plan each year and make revisions when required to improve or
enhance the plan.
(e) The state board, through the state superintendent, shall provide local school boards
with an emergency plan response model that local school boards may use to comply with the
requirements of this Subsection (19).
(20) A local school board shall do all other things necessary for the maintenance,
prosperity, and success of the schools and the promotion of education.
(21) (a) Before closing a school or changing the boundaries of a school, a local school
board shall:
(i) at least 120 days before approving the school closure or school boundary change,
provide notice to the following that the local school board is considering the closure or
boundary change:
(A) parents of students enrolled in the school, using the same form of communication
the local school board regularly uses to communicate with parents;
(B) parents of students enrolled in other schools within the school district that may be
affected by the closure or boundary change, using the same form of communication the local
school board regularly uses to communicate with parents; and
(C) the governing council and the mayor of the municipality in which the school is
located;
(ii) provide an opportunity for public comment on the proposed school closure or
school boundary change during at least two public local school board meetings; and
(iii) hold a public hearing as defined in Section 
10-9a-103
 and provide public notice of
the public hearing as described in Subsection (21)(b).
(b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
(i) indicate the:
(A) school or schools under consideration for closure or boundary change; and
(B) the date, time, and location of the public hearing;
(ii) at least 10 days before the public hearing, be:
(A) published:
(I) in a newspaper of general circulation in the area; and
(II) on the Utah Public Notice Website created in Section 
63F-1-701
; and
(B) posted in at least three public locations within the municipality in which the school
is located on the school district's official website, and prominently at the school; and
(iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
provided as described in Subsections (21)(a)(i)(A), (B), and (C).
(22) A local school board may implement a facility energy efficiency program
established under Title 11, Chapter 44, Performance Efficiency Act.
(23) A local school board may establish or partner with a certified youth court
program, in accordance with Section 
78A-6-1203
, or establish or partner with a comparable
restorative justice program, in coordination with schools in that district. A school may refer a
student to youth court or a comparable restorative justice program in accordance with Section
53G-8-211
.
Section 26. 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)
 controlled substances 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
]
;
(B) a tobacco product, an electronic cigarette product, or a nicotine product as those
terms are defined in Section 
76-10-101
; or
(C) an alcoholic beverage
; and
(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
] 
state
 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 27. Section 
59-14-102
 is amended to read:
59-14-102.
Definitions.
As used in this chapter:
(1) "Alternative nicotine product" means the same as that term is defined in Section
76-10-101
.
[
(1)
] 
(2)
 "Cigarette" means a roll for smoking made wholly or in part of tobacco:
(a) regardless of:
(i) the size of the roll;
(ii) the shape of the roll; or
(iii) whether the tobacco is[
: (A) 
] flavored[
; (B)
]
,
 adulterated[
; or (C)
]
, or
 mixed with
any other ingredient; and
(b) if the wrapper or cover of the roll is made of paper or any other substance or
material except tobacco.
[
(2)
] 
(3)
 "Cigarette rolling machine" means a device or machine that has the capability
to produce at least 150 cigarettes in less than 30 minutes.
[
(3)
] 
(4)
 "Cigarette rolling machine operator" means a person who:
(a) (i) controls, leases, owns, possesses, or otherwise has available for use a cigarette
rolling machine; and
(ii) makes the cigarette rolling machine available for use by another person to produce
a cigarette; or
(b) offers for sale, at retail, a cigarette produced from the cigarette rolling machine.
[
(4)
] 
(5)
 "Consumer" means a person that is not required:
(a) under Section 
59-14-201
 to obtain a license under Section 
59-14-202
; [
or
]
(b) under Section 
59-14-301
 to obtain a license under Section 
59-14-202
[
.
]
; or
(c) to obtain a license under Section 
59-14-803
.
[
(5)
] 
(6)
 "Counterfeit cigarette" means:
(a) a cigarette that has a false manufacturing label; or
(b) a package of cigarettes bearing a counterfeit tax stamp.
(7) "Electronic cigarette" means the same as that term is defined in Section 
76-10-101
.
(8) "Electronic cigarette product" means the same as that term is defined in Section
76-10-101
.
(9) "Electronic cigarette substance" means the same as that term is defined in Section
76-10-101
.
[
(6)
] 
(10)
 "Importer" means a person [
who
] 
that
 imports into the United States, either
directly or indirectly, a finished cigarette for sale or distribution.
[
(7)
] 
(11)
 "Indian tribal entity" means a federally recognized Indian tribe, tribal entity,
or any other person doing business as a distributor or retailer of cigarettes on tribal lands
located in the state.
[
(8)
] 
(12)
 "Little cigar" means a roll for smoking 
that
:
(a) 
is
 made wholly or in part of tobacco;
(b) [
that
] uses an integrated cellulose acetate filter or other similar filter; and
(c) [
that
] is wrapped in a substance:
(i) containing tobacco; and
(ii) that is not exclusively natural leaf tobacco.
[
(9)
] 
(13)
 (a) Except as provided in Subsection [
(9)
] 
(13)
(b), "manufacturer" means a
person [
who
] 
that:
(i)
 manufactures, fabricates, assembles, processes, or labels a finished cigarette[
.
]
; or
(ii) makes, modifies, mixes, manufactures, fabricates, assembles, processes, labels,
repackages, relabels, or imports an electronic cigarette product or a nicotine product.
(b) "Manufacturer" does not include a cigarette rolling machine operator.
[
(10)
] 
(14)
 "Moist snuff" means tobacco that:
(a) is finely[
: (i) 
] cut[
; (ii)
]
,
 ground[
; or (iii)
]
, or
 powdered;
(b) has at least 45% moisture content, as determined by the commission by rule made
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(c) is not intended to be:
(i) smoked; or
(ii) placed in the nasal cavity; and
(d) except for single-use pouches of loose tobacco, is not packaged, produced, sold, or
distributed in single-use units, including:
(i) tablets;
(ii) lozenges;
(iii) strips;
(iv) sticks; or
(v) packages containing multiple single-use units.
(15) "Nicotine" means the same as that term is defined in Section 
76-10-101
.
(16) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
(17) "Nontherapeutic nicotine device" means the same as that term is defined in
Section 
76-10-101
.
(18) "Nontherapeutic nicotine device substance" means the same as that term is defined
in Section 
76-10-101
.
(19) "Nontherapeutic nicotine product" means the same as that term is defined in
Section 
76-10-101
.
(20) "Prefilled electronic cigarette" means the same as that term is defined in Section
76-10-101
.
(21) "Prefilled nontherapeutic nicotine device" means the same as that term is defined
in Section 
76-10-101
.
[
(11)
] 
(22)
 "Retailer" means a person that:
(a) sells or distributes a cigarette
, an electronic cigarette product, or a nicotine product
to a consumer in the state; or
(b) intends to sell or distribute a cigarette
, an electronic cigarette product, or a nicotine
product
 to a consumer in the state.
[
(12)
] 
(23)
 "Stamp" means the indicia required to be placed on a cigarette package that
evidences payment of the tax on cigarettes required by Section 
59-14-205
.
[
(13)
] 
(24)
 (a) "Tobacco product" means a product made of, or containing, tobacco.
(b) "Tobacco product" includes:
(i) a cigarette produced from a cigarette rolling machine;
(ii) a little cigar; or
(iii) moist snuff.
(c) "Tobacco product" does not include a cigarette.
[
(14)
] 
(25)
 "Tribal lands" means land held by the United States in trust for a federally
recognized Indian tribe.
Section 28. Section 
59-14-104
 is enacted to read:
 59-14-104.
Rate reduction for modified risk tobacco products.
(1) Beginning July 1, 2021, the tax imposed under this chapter is reduced in
accordance with Subsection (2):
(a) on the first day of a calendar quarter; and
(b) after a 90-day period beginning on the day on which the commission receives a
notice from the manufacturer of a product that has received a modified risk tobacco product
order from the United States Food and Drug Administration.
(2) The tax imposed under this chapter is reduced by:
(a) 50% for any product that is issued a modified risk tobacco product order under 21
U.S.C. Sec. 387k(g)(1); and
(b) 25% for any product that is issued a modified risk tobacco product order under 21
U.S.C. Sec. 387k(g)(2).
Section 29. Section 
59-14-302
 is amended to read:
59-14-302.
Tax basis -- Rates.
(1) As used in this section:
(a) "Manufacturer's sales price" means the amount the manufacturer of a tobacco
product charges after subtracting a discount.
(b) "Manufacturer's sales price" includes an original Utah destination freight charge,
regardless of:
(i) whether the tobacco product is shipped f.o.b. origin or f.o.b. destination; or
(ii) who pays the original Utah destination freight charge.
(2) There is levied a tax upon the sale, use, or storage of tobacco products in the state.
(3) (a) Subject to Subsection (3)(b), the tax levied under Subsection (2) shall be paid
by the manufacturer, jobber, distributor, wholesaler, retailer, user, or consumer.
(b) The tax levied under Subsection (2) on a cigarette produced from a cigarette rolling
machine shall be paid by the cigarette rolling machine operator.
(4) For tobacco products except for moist snuff, a little cigar, or a cigarette produced
from a cigarette rolling machine, the [
rate
] 
amount
 of the tax under this section is .86
multiplied by the manufacturer's sales price.
(5) (a) Subject to Subsection (5)(b), the tax under this section on moist snuff is
imposed:
(i) at a rate of $1.83 per ounce; and
(ii) on the basis of the net weight of the moist snuff as listed by the manufacturer.
(b) If the net weight of moist snuff is in a quantity that is a fractional part of one ounce,
a proportionate amount of the tax described in Subsection (5)(a) is imposed:
(i) on that fractional part of one ounce; and
(ii) in accordance with rules made by the commission in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(6) (a) A little cigar is taxed at the same tax rates as a cigarette is taxed under
Subsection 
59-14-204
(2).
(b) (i) Subject to Subsection (6)(b)(ii), a cigarette produced from a cigarette rolling
machine is taxed at the same tax rates as a cigarette is taxed under Subsection 
59-14-204
(2).
(ii) A tax under this Subsection (6)(b) is imposed on the date the cigarette is produced
from the cigarette rolling machine.
(7) (a) Moisture content of a tobacco product is determined at the time of packaging.
(b) A manufacturer who distributes a tobacco product in, or into, Utah, shall:
(i) for a period of three years after the last day on which the manufacturer distributes
the tobacco product in, or into, Utah, keep valid scientific evidence of the moisture content of
the tobacco product available for review by the commission, upon demand; and
(ii) provide a document, to the person described in Subsection (3) to whom the
manufacturer distributes the tobacco product, that certifies the moisture content of the tobacco
product, as verified by the scientific evidence described in Subsection (7)(b)(i).
(c) A manufacturer who fails to comply with the requirements of Subsection (7)(b) is
liable for the nonpayment or underpayment of taxes on the tobacco product by a person who
relies, in good faith, on the document described in Subsection (7)(b)(ii).
(d) A person described in Subsection (3) who is required to pay tax on a tobacco
product:
(i) shall, for a period of three years after the last day on which the person pays the tax
on the tobacco product, keep the document described in Subsection (7)(b)(ii) available for
review by the commission, upon demand; and
(ii) is not liable for nonpayment or underpayment of taxes on the tobacco product due
to the person's good faith reliance on the document described in Subsection (7)(b)(ii).
Section 30. 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 31. Section 
59-14-801
 is amended to read:
Part 8. Electronic Cigarette and Nicotine Product Licensing and Taxation Act
59-14-801.
Title.
This part is known as the "Electronic Cigarette 
Product and Nicotine Product
 Licensing
and Taxation
 Act."
Section 32. Section 
59-14-802
 is amended to read:
59-14-802.
Definitions.
As used in this part:
[
(1) "Cigarette" means the same as that term is defined in Section 
59-14-102
.
]
[
(2) (a) "Electronic cigarette" means:
]
[
(i) an electronic device used to deliver or capable of delivering vapor containing
nicotine to an individual's respiratory system;
]
[
(ii) a component of the device described in Subsection (2)(a)(i); or
]
[
(iii) an accessory sold in the same package as the device described in Subsection
(2)(a)(i).
]
[
(b) "Electronic cigarette" includes an e-cigarette as defined in Section 
26-38-2
.
]
[
(3) "Electronic cigarette product" means an electronic cigarette or an electronic
cigarette substance.
]
[
(4) "Electronic cigarette substance" means any substance, including liquid containing
nicotine, used or intended for use in an electronic cigarette.
]
[
(5)
] 
(1)
 "Licensee" means a person that holds a valid license to sell 
an
 electronic
cigarette [
products
] 
product or a nicotine product
.
[
(6) "License to sell an electronic cigarette product" means a license issued by the
commission under Subsection 
59-14-803
(3).
]
(2) (a) "Manufacturer's sales price" means the amount that the manufacturer of an
electronic cigarette substance, a prefilled electronic cigarette, an alternative nicotine product, a
nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device charges
after subtracting a discount.
(b) "Manufacturer's sales price" includes an original Utah destination freight charge,
regardless of:
(i) whether the electronic cigarette substance, prefilled electronic cigarette, alternative
nicotine product, nontherapeutic nicotine device substance, or prefilled nontherapeutic nicotine
device is shipped f.o.b. origin or f.o.b. destination; or
(ii) who pays the original Utah destination freight charge.
Section 33. Section 
59-14-803
 is amended to read:
59-14-803.
License to sell electronic cigarette product or nicotine product.
(1) [
Except as provided in Subsection (2), a
] 
A
 person may not sell, offer to sell, or
distribute an electronic cigarette product [
in Utah
] 
or a nicotine product in this state
 without
first
:
(a) except as provided in Subsection (2),
 obtaining a license 
from the commission
under this section
 to sell an electronic cigarette product [
from the commission under this
section.
] 
or a nicotine product; and
(b) complying with any bonding requirement described in Subsection (5).
(2) A person that holds a valid license to sell cigarettes under Section 
59-14-201
[
,
] or a
person that holds a valid license to sell tobacco products under Section 
59-14-301
[
,
] may,
without obtaining a separate license [
to sell an electronic cigarette product under this part,
] 
in
accordance with this section,
 sell, offer to sell, or distribute an electronic cigarette product [
in
Utah in accordance with this part
] 
or a nicotine product in this state
.
(3) The commission shall issue a license to sell an electronic cigarette product 
or a
nicotine product
 to a person that submits an application, on a form created by the commission,
that includes:
(a) the person's name;
(b) the address of the facility where the person will sell an electronic cigarette product
or a nicotine product
; and
(c) any other information the commission requires to implement this chapter.
(4) A license described in Subsection (3) is:
(a) valid only at one fixed business address;
(b) valid for three years;
(c) valid only for a physical location; and
(d) renewable if a licensee meets the criteria for licensing described in Subsection (3).
(5) (a) The commission shall require a manufacturer, jobber, distributor, wholesaler, or
retailer that is responsible under this part for the collection of tax on an electronic cigarette
substance, a prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic
nicotine device substance, or a prefilled nontherapeutic nicotine device to post a bond.
(b) The manufacturer, jobber, distributor, wholesaler, or retailer may post the bond
required by Subsection (5)(a) in combination with any bond required by Section 
59-14-201
 or
59-14-301
.
(c) Subject to Subsection (5)(d), the commission shall determine the form and amount
of the bond.
(d) The minimum amount of the bond shall be:
(i) except as provided in Subsection (5)(d)(ii) or (iii), $500;
(ii) if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond
required by Subsection (5)(a) in combination with a bond required by either Section 
59-14-201
or 
59-14-301
, $1,000; or
(iii) if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond
required by Subsection (5)(a) in combination with a bond required by both Sections 
59-14-201
and 
59-14-301
, $1,500.
[
(5)
] 
(6)
 The commission may make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, to establish the additional information described in
Subsection (3)(c) that a person [
must
] 
shall
 provide in the application described in Subsection
(3).
[
(6)
] 
(7)
 It is a class B misdemeanor for a person to violate Subsection (1).
[
(7)
] 
(8)
 The commission may not charge a fee for a license under this section.
Section 34. Section 
59-14-804
 is enacted to read:
 59-14-804.
Taxation of electronic cigarette substance, prefilled electronic
cigarette, alternative nicotine product, nontherapeutic nicotine device substance, and
prefilled nontherapeutic nicotine device.
(1) (a) Beginning on July 1, 2020, a tax is imposed upon the following:
(i) an electronic cigarette substance; and
(ii) a prefilled electronic cigarette.
(b) Beginning on July 1, 2021, a tax is imposed upon the following:
(i) a nontherapeutic nicotine device substance; and
(ii) a prefilled nontherapeutic nicotine device.
(c) Beginning on July 1, 2021, a tax is imposed upon an alternative nicotine product.
(2) (a) The amount of tax imposed under Subsections (1)(a) and (b) is .56 multiplied by
the manufacturer's sales price.
(b) (i) The tax under Subsection (1)(c) on an alternative nicotine product is imposed:
(A) at a rate of $1.83 per ounce; and
(B) on the basis of the net weight of the alternative nicotine product as listed by the
manufacturer.
(ii) If the net weight of the alternative nicotine product is in a quantity that is a
fractional part of one ounce, a proportionate amount of the tax described in Subsection
(2)(b)(i)(A) is imposed:
(A) on that fractional part of one ounce; and
(B) in accordance with rules made by the commission in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(3) If a product is sold in the same package as a product that is taxed under Subsection
(1), the tax described in Subsection (2) shall apply to the wholesale manufacturer's sale price of
the entire packaged product.
(4) (a) A manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user shall
pay the tax levied under Subsection (1) at the time that an electronic cigarette substance, a
prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic nicotine device
substance, or a prefilled nontherapeutic nicotine device is first received in the state.
(b) A manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user may not
resell an electronic cigarette substance, a prefilled electronic cigarette, an alternative nicotine
product, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine
device to another distributor, another retailer, or a consumer before paying the tax levied under
Subsection (1).
(5) (a) The manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user
shall remit the taxes collected in accordance with this section to the commission.
(b) The commission shall deposit revenues generated by the tax imposed by this
section into the Electronic Cigarette Substance and Nicotine Product Tax Restricted Account
created in Section 
59-14-807
.
Section 35. Section 
59-14-805
 is enacted to read:
 59-14-805.
Remittance of tax -- Returns -- Invoice required -- Filing requirement--
Exception -- Penalty -- Overpayment.
(1) (a) The manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user
that collects the tax imposed on an electronic cigarette substance, a prefilled electronic
cigarette, an alternative nicotine product, a nontherapeutic nicotine device substance, or a
prefilled nontherapeutic nicotine device shall remit to the commission, in an electronic format
approved by the commission:
(i) the tax collected in the previous calendar quarter; and
(ii) the quarterly tax return.
(b) The tax collected and the return are due on or before the last day of April, July,
October, and January.
(2) (a) A manufacturer, jobber, distributor, wholesaler, retailer, or any other person
selling an electronic cigarette substance, a prefilled electronic cigarette, an alternative nicotine
product, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine
device to a person other than the ultimate consumer shall furnish the purchaser with an
itemized invoice showing:
(i) the seller's name and address;
(ii) the name and address of the purchaser;
(iii) the date of sale;
(iv) the name and price of the product; and
(v) the discount, if any.
(b) The invoice shall show whether the price includes the tax.
(c) The seller and the purchaser shall retain copies of the invoice and make the invoice
available for inspection at the request of the commission or the commission's agent for a period
of three years following the sale.
(3) (a) A consumer that purchases an untaxed electronic cigarette substance, prefilled
electronic cigarette, alternative nicotine product, nontherapeutic nicotine device substance, or
prefilled nontherapeutic nicotine device for use or other consumption shall:
(i) file with the commission, on forms prescribed by the commission, a statement
showing the quantity and description of the item subject to tax under this part; and
(ii) pay the tax imposed by this part on that item.
(b) The consumer shall file the statement described in Subsection (3)(a) and pay the tax
due on or before the last day of the month immediately following the month during which the
consumer purchased an untaxed electronic cigarette substance, prefilled electronic cigarette,
alternative nicotine device substance, nontherapeutic nicotine product, or prefilled
nontherapeutic nicotine device.
(c) A consumer shall maintain records necessary to determine the amount of tax the
consumer is liable to pay under this part for a period of three years following the date on which
the statement required by this section was filed.
(4) A tourist who imports an untaxed electronic cigarette substance, a prefilled
electronic cigarette, an alternative nicotine product, a nontherapeutic nicotine device substance,
or a prefilled nontherapeutic nicotine device into the state does not need to file the statement
described in Subsection (3) or pay the tax if the item is for the tourist's own use or consumption
while in this state.
(5) In addition to the tax required by this part, a person shall pay a penalty as provided
in Section 
59-1-401
, plus interest at the rate and in the manner prescribed in Section 
59-1-402
,
if a person subject to this section fails to:
(a) pay the tax prescribed by this part;
(b) pay the tax on time; or
(c) file a return required by this part.
(6) An overpayment of a tax imposed by this part shall accrue interest at the rate and in
the manner prescribed in Section 
59-1-402
.
Section 36. Section 
59-14-806
 is enacted to read:
 59-14-806.
Refund of taxes paid -- Exemption for exported electronic cigarettes
and nicotine products.
(1) When an electronic cigarette substance, a prefilled electronic cigarette, an
alternative nicotine product, a nontherapeutic nicotine device substance, or a prefilled
nontherapeutic nicotine device taxed under this chapter is sold and shipped to a regular dealer
in those articles in another state, the seller in this state shall be entitled to a refund of the actual
amount of the taxes paid, upon condition that the seller in this state:
(a) is a licensed dealer;
(b) signs an affidavit that the electronic cigarette substance, the prefilled electronic
cigarette, the alternative nicotine product, the nontherapeutic nicotine device substance, or the
prefilled nontherapeutic nicotine device was sold and shipped to a regular dealer in those
articles in another state;
(c) furnishes, from the purchaser, a written acknowledgment that the purchaser has
received the electronic cigarette substance, the prefilled electronic cigarette, the alternative
nicotine product, the nontherapeutic nicotine device substance, or the prefilled nontherapeutic
nicotine device; and
(d) reports the name and address of the purchaser.
(2) A wholesaler or distributor in this state that exports an electronic cigarette
substance, a prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic
nicotine device substance, or a prefilled nontherapeutic nicotine device to a regular dealer in
those articles in another state shall be exempt from the payment of any tax under this chapter
upon furnishing proof of the sale and exportation as the commission may require.
Section 37. Section 
59-14-807
 is enacted to read:
 59-14-807.
Electronic Cigarette Substance and Nicotine Product Tax Restricted
Account.
(1) There is created within the General Fund a restricted account known as the
"Electronic Cigarette Substance and Nicotine Product Tax Restricted Account."
(2) The Electronic Cigarette Substance and Nicotine Product Tax Restricted Account
consists of:
(a) revenues collected from the tax imposed by Section 
59-14-804
; and
(b) amounts appropriated by the Legislature.
(3) For each fiscal year, beginning with fiscal year 2021, and subject to appropriation
by the Legislature, the Division of Finance shall distribute from the Electronic Cigarette
Substance and Nicotine Product Tax Restricted Account:
(a) $2,000,000 which shall be allocated to the local health departments by the
Department of Health using the formula created in accordance with Section 
26A-1-116
;
(b) $2,000,000 to the Department of Health for statewide cessation programs and
prevention education;
(c) $1,180,000 to the Department of Public Safety for law enforcement officers aimed
at disrupting organizations and networks that provide tobacco products, electronic cigarette
products, nicotine products, and other illegal controlled substances to minors; and
(d) $3,000,000 which shall be allocated to the local health departments by the
Department of Health using the formula created in accordance with Section 
26A-1-116
.
(4) (a) The local health departments shall use the money received in accordance with
Subsection (3)(a) for enforcing:
(i) the regulation provisions described in Section 
26-57-103
;
(ii) the labeling requirement described in Section 
26-57-104
; and
(iii) the penalty provisions described in Section 
26-62-305
.
(b) The Department of Health shall use the money received in accordance with
Subsection (3)(b) for the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
Program created in Section 
26-7-10
.
(c) The local health department shall use the money received in accordance with
Subsection (3)(d) to issue grants under the Electronic Cigarette, Marijuana, and Other Drug
Prevention Grant Program created in Section 
26A-1-129
.
(5) (a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(6) Subject to legislative appropriations, funds remaining in the Electronic Cigarette
Substance and Nicotine Product Tax Restricted Account after the distribution described in
Subsection (3) may only be used for programs and activities related to the prevention and
cessation of electronic cigarette, nicotine products, marijuana, and other drug use.
Section 38. Section 
59-14-808
 is enacted to read:
 59-14-808.
Restrictions on mail order or Internet sales.
(1) For purposes of this section:
(a) "Distributor" means a person, wherever residing or located, who:
(i) is licensed in this state to purchase a non-taxed nicotine product or a non-taxed
electronic cigarette product; and
(ii) stores, sells, or otherwise disposes of a nicotine product or an electronic cigarette
product.
(b) "Licensed person" means the same as that term is defined in Section 
59-14-409
.
(c) "Order or purchase" includes:
(i) by mail or delivery service;
(ii) through the Internet or computer network;
(iii) by telephone; or
(iv) through some other electronic method.
(d) "Retailer" means any person who sells a nicotine product or an electronic cigarette
product to consumers for personal consumption.
(2) A person, distributor, manufacturer, or retailer shall not:
(a) cause a nicotine product or an electronic cigarette product to be ordered or
purchased by anyone other than a licensed person; or
(b) knowingly provide substantial assistance to a person who violates this section.
(3) (a) Each order or purchase of a nicotine product or an electronic cigarette product in
violation of Subsection (2) constitutes a separate violation under this section.
(b) In addition to the penalties in Subsection (4), a person who violates this section is
subject to:
(i) a civil penalty in an amount not to exceed $5,000 for each violation of this section;
(ii) an injunction to restrain a threatened or actual violation of this section; and
(iii) recovery by the state for:
(A) the costs of investigation;
(B) the cost of expert witness fees;
(C) the cost of the action; and
(D) reasonable attorney's fees.
(4) A person who knowingly violates this section has engaged in an unfair and
deceptive trade practice in violation of Title 13, Chapter 5, Unfair Practices Act, and the court
shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged
and paid to the state treasurer for deposit in the General Fund.
Section 39. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates, Title 26.
(1) Section 
26-1-40
 is repealed July 1, 2022.
(2) Section 
26-7-10
 is repealed July 1, 2025.
[
(2)
] 
(3)
 Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
July 1, 2025.
[
(3)
] 
(4)
 Section 
26-10-11
 is repealed July 1, 2020.
[
(4)
] 
(5)
 Subsection 
26-18-417
(3) is repealed July 1, 2020.
[
(5)
] 
(6)
 Subsection 
26-18-418
(2), the language that states "and the Mental Health
Crisis Line Commission created in Section 
63C-18-202
" is repealed July 1, 2023.
[
(6) Section 
26-18-419.1
 is repealed December 31, 2019.
]
(7) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
(8) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2024.
(9) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
July 1, 2024.
(10) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
(11) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2023.
(12) Subsection 
26-61a-108
(2)(e)(i), related to the Native American Legislative
Liaison Committee, is repealed July 1, 2022.
(13) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
July 1, 2026.
Section 40. 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 
product
" [
is as
] 
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
] 
means the same as that term is
 defined in Section
62A-15-602
.
(g) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
[
(g)
] 
(h)
 "Offender" means a person in custody at a correctional facility.
[
(h)
] 
(i)
 "Secure area" [
is as
] 
means the same as that term is
 defined in Section
76-8-311.1
.
(j) "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
] 
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
] 
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 offender who possesses at a correctional facility, or any 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
] 
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
] 
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, or
nicotine product
 to an offender, directly or indirectly:
(i) transports, delivers, or distributes any tobacco product [
or
]
,
 electronic cigarette
product, or nicotine 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, or nicotine 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, or nicotine 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) 
(i)
 [
A person
] 
Except as provided in Subsection (5)(f)(ii), 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.
(ii)
 The provisions of Subsection (5)(d) regarding any tobacco product [
or
]
,
 electronic
cigarette 
product, or nicotine 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, or nicotine product
 to offenders is a class
A misdemeanor.
Section 41. Section 
76-10-101
 is amended to read:
76-10-101.
Definitions.
As used in this part:
(1) (a) "Alternative nicotine product" means a product, other than a cigarette, a
counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine product, or a
tobacco product, that:
(i) contains nicotine;
(ii) is intended for human consumption;
(iii) is not purchased with a prescription from a licensed physician; and
(iv) is not approved by the United States Food and Drug Administration as nicotine
replacement therapy.
(b) "Alternative nicotine product" includes:
(i) pure nicotine;
(ii) snortable nicotine;
(iii) dissolvable salts, orbs, pellets, sticks, or strips; and
(iv) nicotine-laced food and beverage.
(c) "Alternative nicotine product" does not include a fruit, a vegetable, or a tea that
contains naturally occurring nicotine.
[
(1)
] 
(2)
 "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)
] 
(3)
 "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)
] 
(3)
(a).
[
(3) "Electronic cigarette" means an electronic cigarette product, as defined in Section
59-14-802
.
]
(4) (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 (4)(a)(i); or
(iii) an accessory sold in the same package as the device described in Subsection
(4)(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 (4)(a).
(5) "Electronic cigarette product" means an electronic cigarette, an electronic cigarette
substance, or a prefilled electronic cigarette.
(6) "Electronic cigarette substance" means any substance, including liquid containing
nicotine, used or intended for use in an electronic cigarette.
(7) "Nicotine" means a poisonous, nitrogen containing chemical that is made
synthetically or derived from tobacco or other plants.
(8) "Nicotine product" means an alternative nicotine product or a nontherapeutic
nicotine product.
(9) (a) "Nontherapeutic nicotine device" means a device that:
(i) has a pressurized canister that is used to administer nicotine to the user through
inhalation or intranasally;
(ii) is not purchased with a prescription from a licensed physician; and
(iii) is not approved by the United States Food and Drug Administration as nicotine
replacement therapy.
(b) "Nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or a
nontherapeutic nicotine nasal spray.
(10) "Nontherapeutic nicotine device substance" means a substance that:
(a) contains nicotine;
(b) is sold in a cartridge for use in a nontherapeutic nicotine device;
(c) is not purchased with a prescription from a licensed physician; and
(d) is not approved by the United States Food and Drug Administration as nicotine
replacement therapy.
(11) "Nontherapeutic nicotine product" means a nontherapeutic nicotine device, a
nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device.
[
(4)
] 
(12)
 "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.
(13) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled
with an electronic cigarette substance.
(14) "Prefilled nontherapeutic nicotine device" means a nontherapeutic nicotine device
that is sold prefilled with a nontherapeutic nicotine device substance.
(15) "Retail tobacco specialty business" means the same as that term is defined in
Section 
26-62-102
.
[
(5)
] 
(16)
 "Smoking" means the possession of any lighted cigar, cigarette, pipe, or other
lighted smoking equipment.
(17) (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, an electronic cigarette
substance, or a nontherapeutic nicotine device 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.
(18) "Tobacco product" means:
(a) a cigar;
(b) a cigarette; or
(c) tobacco in any form, including:
(i) chewing tobacco; and
(ii) any substitute for tobacco, including flavoring or additives to tobacco.
(19) "Tobacco retailer" means:
(a) a general tobacco retailer, as that term is defined in Section 
26-62-102
; or
(b) a retail tobacco specialty business.
Section 42. Section 
76-10-103 (Effective 07/01/20)
 is amended to read:
76-10-103 (Effective 07/01/20).
Permitting minors to use tobacco products,
electronic cigarette products, or nicotine products 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, an electronic cigarette product, or a
nicotine 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 43. Section 
76-10-104 (Effective 07/01/20)
 is amended to read:
76-10-104 (Effective 07/01/20).
Providing a cigar, a cigarette, an electronic
cigarette product, a nicotine product, or tobacco 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, an electronic cigarette product, or a nicotine 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.
Section 44. 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":
]
(1) 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 a class C
misdemeanor on the first offense and a class B misdemeanor on subsequent offenses.
Section 45. Section 
76-10-105 (Effective 07/01/20)
 is amended to read:
76-10-105 (Effective 07/01/20).
Buying or possessing a cigar, a cigarette, an
electronic cigarette product, a nicotine product, or tobacco by a minor -- Penalty --
Compliance officer authority -- Juvenile court jurisdiction.
(1) [
(a)
] An individual who is 18 years or older, but younger than [
the age specified in
Subsection (1)(b)
] 
years old
, and 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,
an electronic cigarette product, or a nicotine product
 is guilty of an infraction and subject to:
[
(i)
] 
(a)
 a minimum fine or penalty of $60; and
[
(ii)
] 
(b)
 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 under the age of 18 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, an electronic cigarette product, or a nicotine 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 46. 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 a
tobacco product, an electronic cigarette product, or a nicotine product -- Minors not
allowed in tobacco specialty shop -- Penalties.
(1) As used in this section:
[
(a) "Cigarette" means the same as that term is defined in Section 
59-14-102
.
]
[
(b)
] 
(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, or
] 
tobacco product,
 an electronic cigarette 
product, or a
nicotine product
 to an individual for personal consumption; or
(ii) operates a facility with a vending machine that sells a [
cigarette, tobacco, or
]
tobacco product,
 an electronic cigarette 
product, or a nicotine product
.
[
(d)
] 
(c)
 "Self-service display" means a display of a cigarette, tobacco 
product
, [
or
] an
electronic cigarette 
product, or a nicotine 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, or
] 
tobacco product,
 an electronic cigarette 
product, or a nicotine 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; 
or
[
(ii)
] 
(b)
 present at the [
tobacco shop
] 
retail tobacco specialty business
 for a bona fide
commercial purpose other than to purchase a [
cigarette, tobacco, or
] 
tobacco product,
 an
electronic cigarette[
; or
] 
product, or a nicotine 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, [
or
] an
electronic cigarette 
product, or a nicotine 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
] 
tobacco products,
electronic cigarette products, or nicotine products
 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 47. Section 
76-10-111
 is amended to read:
76-10-111.
Restrictions on sale of smokeless tobacco or electronic cigarette
products -- Exceptions.
(1) The Legislature finds that:
(a) smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who
use those products because research indicates that they 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
electronic cigarette 
product
 in this state[
.
]
;
(ii) sell, offer for sale, or furnish any electronic cigarette product at less than the cost,
including the amount of any applicable tax, of the product to the manufacturer, wholesaler, or
retailer; or
(iii) give, distribute, sell, offer for sale, or furnish any electronic cigarette product for
free or at a lower price because the recipient of the electronic cigarette product 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 wholesaler or retailer at the time of sale; and
(B) for which the manufacturer will reimburse the wholesaler or the 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, the wholesaler, or the retailer for the
full amount of the rebate provided to the purchaser; or
(iii) a promotional fund that will be paid to the manufacturer, the wholesaler, or the
retailer for the full amount of the promotional fund provided to the purchaser.
(c)
 Any [
person
] 
individual
 who violates this section is guilty of
:
(i)
 a class C misdemeanor for the first offense[
, and is guilty of
]
; and
(ii)
 a class B misdemeanor for any subsequent offense.
(3) [
(a)
] Smokeless tobacco, chewing tobacco, or an electronic cigarette 
product
 may
be distributed to adults without charge at professional conventions 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 48. 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,
electronic cigarette products, and nicotine products to underage individuals.
(1) As used in this section[
,
]
:
(a)
 [
"electronic
] 
"Electronic
 cigarette 
product
" [
is as
] 
means the same as that term is
defined in Section 
76-10-101
.
(b) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
(c) "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
 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;
]
[
(B) a cigarette;
]
[
(C) tobacco in any form; or
]
(A) a tobacco product;
[
(D)
] 
(B)
 an electronic cigarette[
.
] 
product; or
(C) a nicotine 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;
]
[
(B) a cigarette;
]
[
(C) tobacco in any form; or
]
(ii) (A) a tobacco product;
[
(D)
] 
(B)
 an electronic cigarette[
.
] 
product; or
(C) a nicotine product.
(d) If a citation or information is issued, it shall be issued within seven days of the
purchase.
[
(e) For purposes of Subsection (2)(a)(ii), the individual is younger than:
]
[
(i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
]
[
(ii) beginning July 1, 2021, 21 years old.
]
(3) (a) If an individual under the age of 18 years old is requested to attempt a purchase,
a written consent of that individual's parent or guardian shall be obtained prior to that
individual participating in any attempted purchase.
(b) An individual requested by the peace officer to attempt a purchase may:
(i) be a trained volunteer; or
(ii) receive payment, but may not be paid based on the number of successful purchases
of alcohol, tobacco 
products
, [
or an
] electronic cigarette 
products, or nicotine 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, or
] 
tobacco
product,
 an electronic cigarette 
product, or a nicotine 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 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,
electronic cigarette products, or nicotine products for the attempted purchase of a tobacco
product, an electronic cigarette product, or a nicotine product.
[
(i) on a random basis; and
]
[
(ii) within a 12-month period at any one retail establishment location not more often
than:
]
[
(A) two times for the attempted purchase of:
]
[
(I) a cigar;
]
[
(II) a cigarette;
]
[
(III) tobacco in any form; or
]
[
(IV) an electronic cigarette; and
]
[
(B) four times for the attempted purchase of alcohol.
]
(b) This section does not prohibit an investigation or an attempt to purchase [
tobacco
]
alcohol, a tobacco product, an electronic cigarette product, or a nicotine 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, or
] 
tobacco product,
 an electronic cigarette 
product, or
a nicotine product
 to an individual under the age established by Section 
32B-4-403
 or
76-10-104
; and
(ii) the supervising peace officer makes a written record of the grounds for the
reasonable suspicion.
(7) (a) The peace officer exercising direction, supervision, and monitoring of the
attempted purchase shall make a report of the attempted purchase, whether or not a purchase
was made.
(b) The report required by this Subsection (7) shall include:
(i) the name of the supervising peace officer;
(ii) the name of the individual attempting the purchase;
(iii) a photograph of the individual attempting the purchase showing how that
individual appeared at the time of the attempted purchase;
(iv) the name and description of the cashier or proprietor from whom the individual
attempted the purchase;
(v) the name and address of the retail establishment; and
(vi) the date and time of the attempted purchase.
Section 49. 
Effective date.
This bill takes effect on July 1, 2020.