Senate passes amended electronic-cigarette restrictions after clarifying enforcement language

Senate Bill 186, an amendment to last year's law restricting flavored electronic cigarette products, passed the Utah Senate on a 28-1 vote after sponsors clarified enforcement language and search-and-seizure procedures.

The bill's sponsor, Senator Ann Millner (for the record: Senator Plumb introduced and led floor action), said the measure refines parts of the 2024 law to align enforcement with existing Department of Health and Human Services practice. "This bill...comes out of legislation that we passed last year dealing with vape or e cigarette products, trying to help, improve the health and wellness and protect our youth, particularly from the dependence of nicotine," Senator Plumb said on the floor.

Supporters said the amendment removes an overly burdensome search-and-seizure requirement and replaces it with wording consistent with how state health investigators handle similar matters. "We want to remove what was likely a more onerous than it needed to be search and seizure requirement and put it more in alignment with what our DHHS colleagues who monitor other spaces do," Plumb said.

Senators agreed to suspend the constitutional three-reading requirement to move the bill to the House the same day. The roll call on the final motion under suspension of the rules produced 28 yeas and 1 nay. The motion to pass under suspension carried and the bill will be transmitted to the House for consideration.

The Senate's action came amid ongoing court proceedings related to prior vaping legislation; sponsors told colleagues they were moving to avoid an unintended gap while the litigation is pending. The bill record shows the House will next consider the substitute passed by the Senate before the measure becomes law.

Votes at a glance: Senate Bill 186 — Passes 28-1. The bill was passed under suspension of the rules and will be sent to the House.