Enrolled Copy S.B. 133
1 ELECTRONIC CIGARETTE AND OTHER
NICOTINE PRODUCT AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble House Sponsor: Steve Eliason
2
3 LONG TITLE
4 General Description:
5 This bill modifies provisions relating to the retail sale of electronic cigarettes and other
6 nicotine products.
7 Highlighted Provisions:
8 This bill:
9 ▸ requires the State Tax Commission to report suspected sales of illegal electronic
10 cigarette products or nicotine products to the local health department, the Department of
11 Health and Human Services, and the Department of Public Safety;
12 ▸ requires the local health department to investigate whether the sale is illegal;
13 ▸ requires the State Tax Commission to maintain and publish a list of all persons licensed
14 to distribute an electronic cigarette product or a nicotine product in the state;
15 ▸ requires an electronic cigarette product or a nicotine product retailer to purchase the
16 products from a distributor that is licensed in the state;
17 ▸ requires the State Tax Commission to impose a penalty upon a retailer that purchases an
18 electronic cigarette product or nicotine product from a person other than a licensed distributor;
19 and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 This bill appropriates in fiscal year 2025:
23 ▸ to Department of Public Safety - Programs & Operations - CITS State Bureau of
24 Investigation as an ongoing appropriation:
25 • from the General Fund, $750,000
26 ▸ to Department of Public Safety - Programs & Operations - CITS State Bureau of Investigation
 S.B. 133 Enrolled Copy
27 as a one-time appropriation:
28 • from the General Fund, One-time, $250,000
29 Other Special Clauses:
30 This bill provides a special effective date.
31 Utah Code Sections Affected:
32 AMENDS:
33 26A-1-114, as last amended by Laws of Utah 2023, Chapters 90, 327
34 ENACTS:
35 59-14-803.5, as Utah Code Annotated 1953
36 59-14-810, as Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 26A-1-114 is amended to read:
40 26A-1-114 . Powers and duties of departments.
41 (1) Subject to Subsections (7), (8), and (11), a local health department may:
42 (a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances,
43 department rules, and local health department standards and regulations relating to
44 public health and sanitation, including the plumbing code administered by the
45 Division of Professional Licensing under Title 15A, Chapter 1, Part 2, State
46 Construction Code Administration Act, and under Title 26B, Chapter 7, Part 4,
47 General Sanitation and Food Safety , in all incorporated and unincorporated areas
48 served by the local health department;
49 (b) establish, maintain, and enforce isolation and quarantine, and exercise physical
50 control over property and over individuals as the local health department finds
51 necessary for the protection of the public health;
52 (c) establish and maintain medical, environmental, occupational, and other laboratory
53 services considered necessary or proper for the protection of the public health;
54 (d) establish and operate reasonable health programs or measures not in conflict with
55 state law which:
56 (i) are necessary or desirable for the promotion or protection of the public health and
57 the control of disease; or
58 (ii) may be necessary to ameliorate the major risk factors associated with the major
59 causes of injury, sickness, death, and disability in the state;
60 (e) close theaters, schools, and other public places and prohibit gatherings of people
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61 when necessary to protect the public health;
62 (f) abate nuisances or eliminate sources of filth and infectious and communicable
63 diseases affecting the public health and bill the owner or other person in charge of the
64 premises upon which this nuisance occurs for the cost of abatement;
65 (g) make necessary sanitary and health investigations and inspections on the local health
66 department's own initiative or in cooperation with the Department of Health and
67 Human Services or the Department of Environmental Quality, or both, as to any
68 matters affecting the public health;
69 (h) pursuant to county ordinance or interlocal agreement:
70 (i) establish and collect appropriate fees for the performance of services and
71 operation of authorized or required programs and duties;
72 (ii) accept, use, and administer all federal, state, or private donations or grants of
73 funds, property, services, or materials for public health purposes; and
74 (iii) make agreements not in conflict with state law which are conditional to receiving
75 a donation or grant;
76 (i) prepare, publish, and disseminate information necessary to inform and advise the
77 public concerning:
78 (i) the health and wellness of the population, specific hazards, and risk factors that
79 may adversely affect the health and wellness of the population; and
80 (ii) specific activities individuals and institutions can engage in to promote and
81 protect the health and wellness of the population;
82 (j) investigate the causes of morbidity and mortality;
83 (k) issue notices and orders necessary to carry out this part;
84 (l) conduct studies to identify injury problems, establish injury control systems, develop
85 standards for the correction and prevention of future occurrences, and provide public
86 information and instruction to special high risk groups;
87 (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
88 within the jurisdiction of the boards;
89 (n) cooperate with the state health department, the Department of Corrections, the
90 Administrative Office of the Courts, the Division of Juvenile Justice and Youth
91 Services, and the Crime Victim Reparations Board to conduct testing for HIV
92 infection of alleged sexual offenders, convicted sexual offenders, and any victims of
93 a sexual offense;
94 (o) investigate suspected bioterrorism and disease pursuant to Section 26B-7-321; and
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95 (p) provide public health assistance in response to a national, state, or local emergency, a
96 public health emergency as defined in Section 26B-7-301, or a declaration by the
97 President of the United States or other federal official requesting public health-related
98 activities.
99 (2) The local health department shall:
100 (a) establish programs or measures to promote and protect the health and general
101 wellness of the people within the boundaries of the local health department;
102 (b) investigate infectious and other diseases of public health importance and implement
103 measures to control the causes of epidemic and communicable diseases and other
104 conditions significantly affecting the public health which may include involuntary
105 testing of alleged sexual offenders for the HIV infection pursuant to Section
106 53-10-802 and voluntary testing of victims of sexual offenses for HIV infection
107 pursuant to Section 53-10-803;
108 (c) cooperate with the department in matters pertaining to the public health and in the
109 administration of state health laws;[ and]
110 (d) coordinate implementation of environmental programs to maximize efficient use of
111 resources by developing with the Department of Environmental Quality a
112 Comprehensive Environmental Service Delivery Plan which:
113 (i) recognizes that the Department of Environmental Quality and local health
114 departments are the foundation for providing environmental health programs in
115 the state;
116 (ii) delineates the responsibilities of the department and each local health department
117 for the efficient delivery of environmental programs using federal, state, and local
118 authorities, responsibilities, and resources;
119 (iii) provides for the delegation of authority and pass through of funding to local
120 health departments for environmental programs, to the extent allowed by
121 applicable law, identified in the plan, and requested by the local health
122 department; and
123 (iv) is reviewed and updated annually[.] ; and
124 (e) investigate a report made in accordance with Section 59-14-810 to determine
125 whether a product is sold in violation of law.
126 (3) The local health department has the following duties regarding public and private
127 schools within the local health department's boundaries:
128 (a) enforce all ordinances, standards, and regulations pertaining to the public health of
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129 persons attending public and private schools;
130 (b) exclude from school attendance any person, including teachers, who is suffering
131 from any communicable or infectious disease, whether acute or chronic, if the person
132 is likely to convey the disease to those in attendance; and
133 (c) (i) make regular inspections of the health-related condition of all school buildings
134 and premises;
135 (ii) report the inspections on forms furnished by the department to those responsible
136 for the condition and provide instructions for correction of any conditions that
137 impair or endanger the health or life of those attending the schools; and
138 (iii) provide a copy of the report to the department at the time the report is made.
139 (4) If those responsible for the health-related condition of the school buildings and premises
140 do not carry out any instructions for corrections provided in a report in Subsection
141 (3)(c), the local health board shall cause the conditions to be corrected at the expense of
142 the persons responsible.
143 (5) The local health department may exercise incidental authority as necessary to carry out
144 the provisions and purposes of this part.
145 (6) Nothing in this part may be construed to authorize a local health department to enforce
146 an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
147 monoxide detector in a residential dwelling against anyone other than the occupant of
148 the dwelling.
149 (7) (a) Except as provided in Subsection (7)(c), a local health department may not
150 declare a public health emergency or issue an order of constraint until the local health
151 department has provided notice of the proposed action to the chief executive officer
152 of the relevant county no later than 24 hours before the local health department issues
153 the order or declaration.
154 (b) The local health department:
155 (i) shall provide the notice required by Subsection (7)(a) using the best available
156 method under the circumstances as determined by the local health department;
157 (ii) may provide the notice required by Subsection (7)(a) in electronic format; and
158 (iii) shall provide the notice in written form, if practicable.
159 (c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a
160 public health emergency or issue an order of constraint without approval of the
161 chief executive officer of the relevant county if the passage of time necessary to
162 obtain approval of the chief executive officer of the relevant county as required in
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163 Subsection (7)(a) would substantially increase the likelihood of loss of life due to
164 an imminent threat.
165 (ii) If a local health department declares a public health emergency or issues an order
166 of constraint as described in Subsection (7)(c)(i), the local health department shall
167 notify the chief executive officer of the relevant county before issuing the order of
168 constraint.
169 (iii) The chief executive officer of the relevant county may terminate a declaration of
170 a public health emergency or an order of constraint issued as described in
171 Subsection (7)(c)(i) within 72 hours of declaration of the public health emergency
172 or issuance of the order of constraint.
173 (d) (i) The relevant county governing body may at any time terminate a public health
174 emergency or an order of constraint issued by the local health department by
175 majority vote of the county governing body in response to a declared public health
176 emergency.
177 (ii) A vote by the relevant county governing body to terminate a public health
178 emergency or an order of constraint as described in Subsection (7)(d)(i) is not
179 subject to veto by the relevant chief executive officer.
180 (8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by a
181 local health department expires at the earliest of:
182 (i) the local health department or the chief executive officer of the relevant county
183 finding that the threat or danger has passed or the public health emergency
184 reduced to the extent that emergency conditions no longer exist;
185 (ii) 30 days after the date on which the local health department declared the public
186 health emergency; or
187 (iii) the day on which the public health emergency is terminated by majority vote of
188 the county governing body.
189 (b) (i) The relevant county legislative body, by majority vote, may extend a public
190 health emergency for a time period designated by the county legislative body.
191 (ii) If the county legislative body extends a public health emergency as described in
192 Subsection (8)(b)(i), the public health emergency expires on the date designated
193 by the county legislative body.
194 (c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
195 local health department expires as described in Subsection (8)(a), the local health
196 department may not declare a public health emergency for the same illness or
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197 occurrence that precipitated the previous public health emergency declaration.
198 (d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
199 health department finds that exigent circumstances exist, after providing notice to
200 the county legislative body, the department may declare a new public health
201 emergency for the same illness or occurrence that precipitated a previous public
202 health emergency declaration.
203 (ii) A public health emergency declared as described in Subsection (8)(d)(i) expires
204 in accordance with Subsection (8)(a) or (b).
205 (e) For a public health emergency declared by a local health department under this
206 chapter or under Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine
207 Procedures for Communicable Diseases, the Legislature may terminate by joint
208 resolution a public health emergency that was declared based on exigent
209 circumstances or that has been in effect for more than 30 days.
210 (f) If the Legislature or county legislative body terminates a public health emergency
211 declared due to exigent circumstances as described in Subsection (8)(d)(i), the local
212 health department may not declare a new public health emergency for the same
213 illness, occurrence, or exigent circumstances.
214 (9) (a) During a public health emergency declared under this chapter or under Title 26B,
215 Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures for
216 Communicable D