59-14-809.  Commission study on enforcement and collection of tax.

(1)  The commission shall:

Terms Used In Utah Code 59-14-809

  • Cigarette: means a roll made wholly or in part of tobacco:
(a) regardless of:
(i) the size of the roll;
(ii) the shape of the roll;
(iii) whether the tobacco is flavored, adulterated, or mixed with any other ingredient; or
(iv) whether the tobacco is heated or burned; and
(b) if the roll has a wrapper or cover that is made of paper or any other substance or material except tobacco. See Utah Code 59-14-102
  • Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
  • Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
  • Prefilled electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 59-14-102
  • (a)  implement increased enforcement of the tax imposed by this part; and

    (b)  study issues related to increased enforcement and compliance with the requirements of this part.

    (2)  The study shall include a review of:

    (a)  the impact of increased enforcement on collections of the tax imposed by this part;

    (b)  options for long-term funding of increased enforcement of the tax imposed by this part;

    (c)  the sufficiency of collections of the tax imposed by this part to fund distributions from the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account under Section 59-14-807;

    (d)  impacts of a lack of federal regulation of electronic cigarettes on enforcement and compliance efforts; and

    (e)  potential impacts on compliance of changing the incidence of taxation to a tax imposed on the retail sale of an electronic cigarette substance or prefilled electronic cigarette.

    (3)  The commission shall annually report the commission’s findings and recommendations on the study items described in Subsections (2)(a) through (d) to the Revenue and Taxation Interim Committee on or before the September interim meeting.

    (4)  The commission shall report the commission’s findings and recommendations on the study item described in Subsection (2)(e) to the Revenue and Taxation Interim Committee on or before the September 2023 interim meeting.

    Amended by Chapter 531, 2023 General Session, (Coordination Clause)
    Enacted by Chapter 531, 2023 General Session