for identification of birth dates up to age 27. Utah state law requires a person to be over 18 to
purchase tobacco products. Because of the conflict between the state and federal law, the state
has asked for a waiver and was granted immunity until the year 2000. Sen. Montgomery said his
proposed legislation would allow Law Enforcement and the Health Department to cooperate in
conducting sting operations on the illegal sale of tobacco products. He felt penalties should be
addressed to the licensee of the store. Committee members were given handouts outlining Utah
tobacco legislation passed from 1986 through 1997.
Kevin B. Condra, Director Health Promotion, Davis County Health, and Chairman for the
Coalition of Tobacco, distributed a handout showing repeat tobacco sales to underage persons,
and listing store names, locations, and the number of violations. Mr. Condra represented Davis,
Weber, Morgan, and Bear River Health Departments who have existing partnerships with local
law enforcement. He said that in other areas, specifically Salt Lake, there are over 500 retail
outlets where compliance checks need to be made. In local health districts where there are
multiple counties, there is a need for local health departments to move ahead where law
enforcement has not placed compliance as a priority. He said if this is not done, federal money
will be lost. He recommended that local health departments, substance abuse providers, and law
enforcement officers on the local level establish written mutual agreements on who conducts
checks and investigates infractions.
Mr. Condra recommended: 1) tobacco license suspension and revocation on repeat illegal
sales; 2) additional changes in state statute to allow local substance abuse providers to enforce
the law; and 3) providing for an annual renewable tobacco sales permit, issued locally, which
could be revoked locally. He felt that those conducting the enforcement actions should receive
the benefit of the funds generated from civil penalties. He said the state license as it is issued
now is a lifetime license.
Mr. Reed Richards, Office of the Attorney General, said the objective is to reduce youth
access to cigarettes. This is done by: 1) reducing advertising nationally; 2) reducing the ability
for youth to steal cigarettes; and 3) carrying out sting operations to determine if stores are
regularly selling tobacco to juveniles. If stores are selling to individuals clearly underage and not
checking identification, some action should be taken against store owners and managers.
Presently, sting operations are done by police officers, but in many areas of the state there is
insufficient staff for sting operations. He recommended giving health department authorities
permission to perform sting operations. Money that comes from the federal government to
support local substance abuse units, approximately $10 million per year, will be reduced if more
than 20 percent of the sting operations successfully result in buys. If this cannot be
demonstrated, the state will lose up to $4 million of the $10 million that comes in for substance
abuse prevention.
Mr. Richards said that presently the law allows action to be taken only against the clerk
who makes the sale. The proposed legislation will not only go after the clerk who makes the
sale, but will also impose administrative fines against the entity that holds the license to sell the
cigarettes. The penalties would start out reasonably small but would graduate if there are
subsequent sales within a limited period of time.
Mr. Craig Bunker, Division of Substance Abuse, Dept. of Human Services, supported the
concept of giving local health departments the authority to make compliance checks. Mr. Bunker
pointed out that the division is responsible for administering state and federal substance abuse
funds and for developing linkages with related health and human service organizations. He said
under the Synar Amendment they are responsible for conducting annual random, unannounced
inspections to ensure compliance with the law. In carrying out this responsibility they have
received cooperation from most, but not all, of the counties. The Division of Substance Abuse is
required to develop a strategy and time frame for achieving an inspection failure rate of less than
20 percent. He reported that last year there was a 20 percent failure rate, and they could have
been penalized by the federal government if the state had not been given the waiver granting
immunity until the year 2000. He asked the committee to provide the tools to fulfill their
responsibility to protect the youth from tobacco, and protect substance abuse funds.
Jim Olsen, President of the Utah Retail Grocers Association, asked to be included in
deliberation and preparation of the legislation.
Sen. Waddoups asked if the bill could also address the adults who are buying tobacco for
minors.
MOTION: Rep. Saunders moved to support Sen. Montgomery in preparing legislation on Penalties for Sale of Tobacco to Youth and return to the committee with a draft of the bill.
The motion passed unanimously.
3. Highway Patrol Laptop Computers - During the 1997 General Session, the Legislature passed H.B. 242, "Highway Patrol _ Computer Purchase," by Rep. Adair. The bill appropriated
$200,000 for computer hardware, software, maintenance, and training for field troopers. The
Legislature began providing laptop computers for field troopers in 1995.
Col. Richard A. Greenwood, Superintendent, Utah Highway Patrol, presented
information on the status of the computerization project. He gave a brief overview of the Mobile
Data Collection System and, with the assistance of Sgt. James G. Matthies, Utah Highway Patrol,
demonstrated how the system has streamlined the reporting process for troopers, allowing them
increased time for patrolling the interstate and roadways of the state. In addition to streamlining
the reporting process, the Mobile Data System builds a data information bank, and provides
electronic sharing of information. Other benefits include printed citations for the courts and
fewer entry errors.
Rep. Adair distributed Utah Highway Patrol Mobile Data Collection System & Cellular Digital Packet Data, and Utah Highway Patrol Computers and Highway Patrol Staffing. He asked the committee to read the information and give its support for funding to expand the use of
laptop computers for the Utah Highway Patrol.
4. Highway Patrol Staffing - During the 1997 General Session, the Legislature passed
H.B. 243, "Appropriation for Additional Highway Patrol Troopers," by Rep. Adair. The bill
provided $350,000 of the requested $3.8 million for five new FTE effective July 1, 1997.
Colonel Greenwood distributed a chart, Utah Traffic/UHP Activity Trends, illustrating the need for additional troopers. He reported that the number of troopers patrolling the freeways has
not changed since 1976. In Salt Lake County there are fewer than there were 20 years ago. He
said there would be a significant increase in drug interdiction arrests with additional troopers. A
document on Personnel and Equipment Costs, distributed to the committee, showed the total cost per trooper is $81,376.00. Colonel Greenwood felt that 80 additional troopers are needed to
give proper coverage to the State of Utah. This summer he will be working with Mr. Bill
Dinehart, in the Legislative Fiscal Analyst's Office, to find a formula that will provide a scientific
estimate of the number of troopers needed on the Interstate system.
MOTION: Rep. Kohn moved to support Rep. Adair's legislation and request that the final draft be brought back to the committee for formal endorsement. She also moved to
encourage members of the Appropriations Committee to help further this legislation. The
motion passed unanimously.
5. Adjourn -
MOTION: Rep. Swallow moved to adjourn the meeting at 4:10 p.m.