Enrolled Copy S.B. 45
1 DEPARTMENT OF HEALTH AND HUMAN SERVICES
2 AMENDMENTS
3 2022 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jacob L. Anderegg
6 House Sponsor: Norman K. Thurston
7
8 LONG TITLE
9 General Description:
10 This bill implements the reorganization of the Department of Health and Human
11 Services.
12 Highlighted Provisions:
13 This bill:
14 < implements the reorganization of the Department of Health and Human Services;
15 < specifies the duties and responsibilities of the newly combined agency;
16 < harmonizes conflicting provisions of the Utah Health Code and the Utah Human
17 Services Code;
18 < amends the responsibilities of the Department of Workforce Services;
19 < updates cross references throughout the Utah Code; and
20 < makes technical and corresponding changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a special effective date.
25 This bill provides revisor instructions.
26 Utah Code Sections Affected:
27 AMENDS:
28 10-8-41.6, as last amended by Laws of Utah 2021, Chapter 348
29 17-43-102, as last amended by Laws of Utah 2009, Chapter 75
S.B. 45 Enrolled Copy
30 17-43-201, as last amended by Laws of Utah 2018, Chapter 68
31 17-43-301, as last amended by Laws of Utah 2020, Chapter 303
32 17-50-333, as last amended by Laws of Utah 2021, Chapter 348
33 26-1-2, as last amended by Laws of Utah 2012, Chapter 391
34 26-1-10, as last amended by Laws of Utah 2021, Chapter 437
35 26-1-11, as last amended by Laws of Utah 2011, Chapter 297
36 26-2-12.5, as last amended by Laws of Utah 2010, Chapter 278
37 26-2-12.6, as last amended by Laws of Utah 2021, Chapter 284
38 26-4-17, as last amended by Laws of Utah 2020, Chapter 201
39 26-7-10, as enacted by Laws of Utah 2020, Chapter 347
40 26-8a-102, as last amended by Laws of Utah 2021, Chapters 208, 237, and 265
41 26-8a-103, as last amended by Laws of Utah 2021, Chapters 208 and 237
42 26-8a-107, as last amended by Laws of Utah 2019, Chapter 262
43 26-8a-208, as last amended by Laws of Utah 2017, Chapter 326
44 26-8a-302, as last amended by Laws of Utah 2021, Chapters 208 and 237
45 26-8a-310, as last amended by Laws of Utah 2021, Chapters 237 and 262
46 26-9f-103, as last amended by Laws of Utah 2020, Chapter 352
47 26-10-6, as last amended by Laws of Utah 2018, Chapter 415
48 26-10b-101, as last amended by Laws of Utah 2014, Chapter 384
49 26-10b-106, as last amended by Laws of Utah 2016, Chapter 74
50 26-18-2.4, as last amended by Laws of Utah 2016, Chapters 168 and 279
51 26-21-2, as last amended by Laws of Utah 2020, Chapter 222
52 26-21-3, as last amended by Laws of Utah 2021, Chapter 64
53 26-23b-102, as last amended by Laws of Utah 2021, Chapter 437
54 26-25-1, as last amended by Laws of Utah 2008, Chapter 3
55 26-33a-102, as last amended by Laws of Utah 2019, Chapter 349
56 26-33a-103, as last amended by Laws of Utah 2020, Chapters 352 and 373
57 26-39-102, as last amended by Laws of Utah 2015, Chapter 220
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58 26-39-200, as last amended by Laws of Utah 2020, Chapters 154 and 352
59 26-39-201, as last amended by Laws of Utah 2020, Chapter 154
60 26-39-301, as last amended by Laws of Utah 2018, Chapter 58
61 26-39-402, as last amended by Laws of Utah 2018, Chapter 415
62 26-49-102, as last amended by Laws of Utah 2021, Chapter 188
63 26-54-103, as last amended by Laws of Utah 2019, Chapter 405
64 26-60-104, as enacted by Laws of Utah 2017, Chapter 241
65 26-67-102, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
66 26-67-202, as enacted by Laws of Utah 2020, Chapter 169
67 26A-1-102, as last amended by Laws of Utah 2021, Chapter 437
68 26A-1-121, as last amended by Laws of Utah 2021, Chapter 437
69 26B-1-102, as enacted by Laws of Utah 2021, Chapter 422
70 26B-1-103, as enacted by Laws of Utah 2021, Chapter 422
71 26B-1-201, as enacted by Laws of Utah 2021, Chapter 422
72 26B-1-201.1, as enacted by Laws of Utah 2021, Chapter 422
73 32B-2-308, as enacted by Laws of Utah 2020, Chapter 186
74 32B-2-402, as last amended by Laws of Utah 2018, Chapter 330
75 35A-3-103 (Effective 07/01/22), as last amended by Laws of Utah 2021, Chapter 422
76 41-1a-422, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
77 53-3-106, as last amended by Laws of Utah 2018, Chapter 417
78 53-5-707.6, as enacted by Laws of Utah 2019, Chapter 440
79 53-10-108, as last amended by Laws of Utah 2021, Chapters 344 and 357
80 53G-9-301, as last amended by Laws of Utah 2019, Chapter 293
81 53G-9-309, as renumbered and amended by Laws of Utah 2018, Chapter 3
82 58-1-601, as enacted by Laws of Utah 2019, Chapter 447
83 58-17b-620, as last amended by Laws of Utah 2012, Chapter 150
84 58-17b-627, as enacted by Laws of Utah 2021, Chapter 127
85 58-17b-902, as last amended by Laws of Utah 2021, Chapter 397
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86 58-17b-907, as last amended by Laws of Utah 2021, Chapter 397
87 62A-1-104, as last amended by Laws of Utah 2020, Chapter 303
88 62A-1-107, as last amended by Laws of Utah 2020, Chapters 352 and 373
89 62A-2-121, as last amended by Laws of Utah 2021, Chapter 262
90 62A-4a-412, as last amended by Laws of Utah 2021, Chapters 29, 231, 262, and 419
91 62A-14-108, as last amended by Laws of Utah 2008, Chapter 382
92 62A-15-102, as last amended by Laws of Utah 2020, Chapter 303
93 62A-15-103, as last amended by Laws of Utah 2021, Chapters 231 and 277
94 62A-15-104, as last amended by Laws of Utah 2009, Chapter 75
95 63A-13-102, as last amended by Laws of Utah 2019, Chapters 286 and 393
96 63I-1-226, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
97 and 417
98 63I-2-226, as last amended by Laws of Utah 2021, Chapters 277, 422, and 433
99 63J-1-315, as last amended by Laws of Utah 2019, Chapter 393
100 63J-1-602.1, as last amended by Laws of Utah 2021, Chapters 280, 382, 401, and 438
101 63M-7-301, as last amended by Laws of Utah 2020, Chapter 304
102 67-3-11, as last amended by Laws of Utah 2021, Chapter 337
103 76-5-413, as last amended by Laws of Utah 2021, Chapter 262
104 76-5-501, as last amended by Laws of Utah 2015, Chapter 39
105 78B-5-902, as last amended by Laws of Utah 2021, Chapter 208
106 78B-5-903, as enacted by Laws of Utah 2018, Chapter 109
107 80-1-102, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
108 80-3-404, as renumbered and amended by Laws of Utah 2021, Chapter 261
109 80-5-102, as enacted by Laws of Utah 2021, Chapter 261
110 ENACTS:
111 26B-1-305, Utah Code Annotated 1953
112 26B-2-101, Utah Code Annotated 1953
113 26B-3-101, Utah Code Annotated 1953
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114 26B-4-101, Utah Code Annotated 1953
115 26B-5-101, Utah Code Annotated 1953
116 26B-6-101, Utah Code Annotated 1953
117 26B-7-101, Utah Code Annotated 1953
118 26B-8-101, Utah Code Annotated 1953
119 26B-9-101, Utah Code Annotated 1953
120 RENUMBERS AND AMENDS:
121 26B-1-104, (Renumbered from 26-1-32, as last amended by Laws of Utah 2011,
122 Chapter 297)
123 26B-1-105, (Renumbered from 26-1-33, as enacted by Laws of Utah 1981, Chapter
124 126)
125 26B-1-202, (Renumbered from 62A-1-111, as last amended by Laws of Utah 2021,
126 Chapters 22 and 262)
127 26B-1-203, (Renumbered from 62A-1-108, as last amended by Laws of Utah 2020,
128 Chapter 352)
129 26B-1-204, (Renumbered from 62A-1-105, as last amended by Laws of Utah 2019,
130 Chapters 139 and 246)
131 26B-1-205, (Renumbered from 62A-1-109, as last amended by Laws of Utah 2021,
132 Chapter 345)
133 26B-1-206, (Renumbered from 62A-1-107.5, as enacted by Laws of Utah 2003,
134 Chapter 246)
135 26B-1-207, (Renumbered from 26-1-4, as last amended by Laws of Utah 2013, Chapter
136 167)
137 26B-1-208, (Renumbered from 62A-1-112, as last amended by Laws of Utah 2008,
138 Chapter 382)
139 26B-1-209, (Renumbered from 26-1-6, as last amended by Laws of Utah 2018, Chapter
140 469)
141 26B-1-210, (Renumbered from 62A-1-113, as enacted by Laws of Utah 1988, Chapter
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142 1)
143 26B-1-211, (Renumbered from 26-1-17.1, as enacted by Laws of Utah 2018, Chapter
144 427)
145 26B-1-212, (Renumbered from 26-1-17.5, as last amended by Laws of Utah 2018,
146 Chapter 415)
147 26B-1-213, (Renumbered from 26-1-5, as last amended by Laws of Utah 2016, Chapter
148 74)
149 26B-1-301, (Renumbered from 26-1-16, as enacted by Laws of Utah 1981, Chapter
150 126)
151 26B-1-302, (Renumbered from 62A-1-202, as last amended by Laws of Utah 2021,
152 Chapter 356)
153 26B-1-303, (Renumbered from 62A-1-119, as last amended by Laws of Utah 2016,
154 Chapter 168)
155 26B-1-304, (Renumbered from 26-1-34, as enacted by Laws of Utah 1998, Chapter
156 247)
157 REPEALS:
158 26-1-1, as enacted by Laws of Utah 1981, Chapter 126
159 26-1-3, as last amended by Laws of Utah 1991, Chapter 112
160 26-1-4.1, as last amended by Laws of Utah 2008, Chapter 382
161 26-1-7, as last amended by Laws of Utah 2020, Chapters 169 and 347
162 26-1-7.1, as last amended by Laws of Utah 2008, Chapter 382
163 26-1-8, as last amended by Laws of Utah 2020, Chapter 352
164 26-1-9, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 16
165 26-1-13, as enacted by Laws of Utah 1981, Chapter 126
166 26-1-14, as last amended by Laws of Utah 1988, Chapter 169
167 26-1-15, as enacted by Laws of Utah 1981, Chapter 126
168 26-1-17, as enacted by Laws of Utah 1981, Chapter 126
169 26-1-18, as last amended by Laws of Utah 2011, Chapter 366
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170 26-1-20, as enacted by Laws of Utah 1981, Chapter 126
171 26-1-21, as last amended by Laws of Utah 2011, Chapter 207
172 26-1-22, as enacted by Laws of Utah 1981, Chapter 126
173 26-1-23, as last amended by Laws of Utah 2012, Chapter 307
174 26-1-24, as enacted by Laws of Utah 1981, Chapter 126
175 26-1-25, as last amended by Laws of Utah 2011, Chapter 297
176 26-1-30, as last amended by Laws of Utah 2021, Chapters 378 and 437
177 26B-1-101, as enacted by Laws of Utah 2021, Chapter 422
178 62A-1-101, as last amended by Laws of Utah 1992, Chapter 30
179 62A-1-102, as last amended by Laws of Utah 1990, Chapter 183
180 62A-1-106, as last amended by Laws of Utah 2008, Chapter 382
181 62A-1-110, as last amended by Laws of Utah 1991, Chapter 292
182 62A-1-114, as last amended by Laws of Utah 1997, Chapter 375
183 62A-1-118, as last amended by Laws of Utah 2019, Chapter 335
184 62A-5-304, as last amended by Laws of Utah 2011, Chapter 366
185 Utah Code Sections Affected by Revisor Instructions:
186 26B-1-103, as enacted by Laws of Utah 2021, Chapter 422
187 26B-1-201, as enacted by Laws of Utah 2021, Chapter 422
188 26B-1-201.1, as enacted by Laws of Utah 2021, Chapter 422
189
190 Be it enacted by the Legislature of the state of Utah:
191 Section 1. Section 10-8-41.6 is amended to read:
192 10-8-41.6. Regulation of retail tobacco specialty business.
193 (1) As used in this section:
194 (a) "Community location" means:
195 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
196 (ii) a licensed child-care facility or preschool;
197 (iii) a trade or technical school;
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198 (iv) a church;
199 (v) a public library;
200 (vi) a public playground;
201 (vii) a public park;
202 (viii) a youth center or other space used primarily for youth oriented activities;
203 (ix) a public recreational facility;
204 (x) a public arcade; or
205 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
206 (b) "Department" means the Department of Health[,] and Human Services created in
207 Section [26-1-4] 26B-1-201.
208 (c) "Electronic cigarette product" means the same as that term is defined in Section
209 76-10-101.
210 (d) "Flavored electronic cigarette product" means the same as that term is defined in
211 Section 76-10-101.
212 (e) "Licensee" means a person licensed under this section to conduct business as a
213 retail tobacco specialty business.
214 (f) "Local health department" means the same as that term is defined in Section
215 26A-1-102.
216 (g) "Nicotine product" means the same as that term is defined in Section 76-10-101.
217 (h) "Retail tobacco specialty business" means a commercial establishment in which:
218 (i) sales of tobacco products, electronic cigarette products, and nicotine products
219 account for more than 35% of the total quarterly gross receipts for the establishment;
220 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
221 storage of tobacco products, electronic cigarette products, or nicotine products;
222 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
223 tobacco products, electronic cigarette products, or nicotine products;
224 (iv) the commercial establishment:
225 (A) holds itself out as a retail tobacco specialty business; and
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226 (B) causes a reasonable person to believe the commercial establishment is a retail
227 tobacco specialty business;
228 (v) any flavored electronic cigarette product is sold; or
229 (vi) the retail space features a self-service display for tobacco products, electronic
230 cigarette products, or nicotine products.
231 (i) "Self-service display" means the same as that term is defined in Section
232 76-10-105.1.
233 (j) "Tobacco product" means:
234 (i) a tobacco product as defined in Section 76-10-101; or
235 (ii) tobacco paraphernalia as defined in Section 76-10-101.
236 (2) The regulation of a retail tobacco specialty business is an exercise of the police
237 powers of the state by the state or by delegation of the state's police powers to other
238 governmental entities.
239 (3) (a) A person may not operate a retail tobacco specialty business in a municipality
240 unless the person obtains a license from the municipality in which the retail tobacco specialty
241 business is located.
242 (b) A municipality may only issue a retail tobacco specialty business license to a
243 person if the person complies with the provisions of Subsections (4) and (5).
244 (4) (a) Except as provided in Subsection (7), a municipality may not issue a license for
245 a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
246 business is located within:
247 (i) 1,000 feet of a community location;
248 (ii) 600 feet of another retail tobacco specialty business; or
249 (iii) 600 feet from property used or zoned for:
250 (A) agriculture use; or
251 (B) residential use.
252 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
253 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
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254 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
255 to intervening structures or zoning districts.
256 (5) A municipality may not issue or renew a license for a person to conduct business as
257 a retail tobacco specialty business until the person provides the municipality with proof that the
258 retail tobacco specialty business has:
259 (a) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
260 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local health
261 depart