Full Text of SB1701 95th General Assembly
SB1701sam002 95TH GENERAL ASSEMBLY
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Sen. Jacqueline Y. Collins
Filed: 4/19/2007
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| AMENDMENT TO SENATE BILL 1701
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| AMENDMENT NO. ______. Amend Senate Bill 1701, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Tobacco Accessories and Smoking Herbs | 6 |
| Control Act is amended by changing Sections 2, 3, and 4 as | 7 |
| follows:
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| (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
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| Sec. 2. Purpose.
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| (a) The sale and possession of marijuana, hashish, cocaine,
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| opium and their derivatives, is not only prohibited by Illinois | 12 |
| Law, but
the use of these substances has been deemed injurious | 13 |
| to the health of the user.
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| It has further been determined by the Surgeon General of | 15 |
| the United States
that the use of tobacco is hazardous to human | 16 |
| health.
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| The ready availability of smoking herbs to minors could | 2 |
| lead to the use
of tobacco and illegal drugs.
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| It is in the best interests of the citizens of the State of | 4 |
| Illinois to
seek to prohibit the spread of illegal drugs, | 5 |
| tobacco or smoking materials
to minors. The prohibition of the | 6 |
| sale of tobacco and snuff accessories
and smoking herbs to | 7 |
| minors would help to curb the usage of illegal drugs
and | 8 |
| tobacco products, among our youth.
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| (b) The General Assembly finds and declares that there has | 10 |
| been a proliferation of flavored cigarettes and other tobacco | 11 |
| products in recent years. Many of these products have flavors | 12 |
| that are particularly attractive to children. These tobacco | 13 |
| products have included flavors such as various fruits, candy, | 14 |
| chocolate, vanilla, honey, other sweeteners, nut, mint, cocoa, | 15 |
| desserts, soft drinks, alcoholic beverages, herb and spice | 16 |
| flavorings or other flavorings that are attractive to youth. | 17 |
| According to survey evidence and public health experts, | 18 |
| children are more likely to choose flavored cigarettes and | 19 |
| other tobacco products, and thus the existence of these | 20 |
| products increases the incidence of tobacco use among children. | 21 |
| Moreover, the earlier that an individual begins using tobacco, | 22 |
| the more likely he or she will become addicted to tobacco | 23 |
| products and will continue to use tobacco products throughout | 24 |
| his or her lifetime. Accordingly, flavored tobacco products | 25 |
| result in increased tobacco use, increased addiction, a greater | 26 |
| incidence of smoking-related illnesses, increased health care |
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| costs, and more smoking-related deaths. The General Assembly | 2 |
| therefore finds and declares that flavored tobacco products | 3 |
| present a significant threat to public health and to our | 4 |
| children, and that the sale of flavored tobacco products must | 5 |
| be restricted.
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| (Source: P.A. 82-487.)
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| (720 ILCS 685/3) (from Ch. 23, par. 2358-3)
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| Sec. 3. Definitions. The following definitions shall apply | 9 |
| to this
Act:
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| (a) "Tobacco accessories" shall mean cigarette papers, | 11 |
| pipes, holders
of smoking materials of all types, cigarette | 12 |
| rolling machines, and other
items, designed primarily for the | 13 |
| smoking or ingestion of tobacco products
or of substances made | 14 |
| illegal under any statute or of substances whose
sale, gift, | 15 |
| barter, or exchange is made unlawful under this Act.
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| (b) "Smoking herbs" shall mean all substances of plant | 17 |
| origin and their
derivatives, including but not limited to | 18 |
| broom, calea, California poppy,
damiana, hops, ginseng, | 19 |
| lobelia, jimson weed and other members of the Datura
genus, | 20 |
| passion flower and wild lettuce, which are processed or sold | 21 |
| primarily
for use as smoking materials.
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| (c) "Bidi cigarette" means a product that contains tobacco | 23 |
| that is
wrapped
in temburni or tendu leaf or that is wrapped in | 24 |
| any
other material identified by rules of the Department of | 25 |
| Public Health that is
similar in appearance or
characteristics |
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| to the temburni or tendu leaf.
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| (d) "Characterizing flavor" means a distinguishable | 3 |
| flavor, taste, or aroma (other than tobacco or menthol for all | 4 |
| tobacco products and other than wintergreen and mint for | 5 |
| smokeless tobacco products and cigars) produced by the tobacco | 6 |
| product or its smoke either prior to or during consumption.
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| (Source: P.A. 91-734, eff. 1-1-01.)
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| (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
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| Sec. 4. Offenses.
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| (a) Sale to minors. No person shall knowingly sell,
barter, | 11 |
| exchange, deliver or give away or cause or permit or procure to
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| be sold, bartered, exchanged, delivered, or given away tobacco | 13 |
| accessories
or smoking herbs to any person under 18 years of | 14 |
| age.
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| (a-5) Sale of bidi cigarettes. No person shall knowingly | 16 |
| sell, barter,
exchange, deliver, or give away a bidi cigarette | 17 |
| to another
person, nor shall a person cause or permit or | 18 |
| procure a bidi cigarette to be
sold, bartered, exchanged, | 19 |
| delivered, or given away to
another person.
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| (a-6) No person shall knowingly sell, distribute, or offer | 21 |
| for sale or distribution in this State or to any person in this | 22 |
| State any tobacco product or any component part thereof | 23 |
| (including but not limited to the tobacco, paper, or filter, | 24 |
| and any components for roll-your-own cigarettes), which | 25 |
| contains a constituent (including a smoke constituent) or |
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| additive or artificial or natural flavoring that produces a | 2 |
| characterizing flavor. A public statement or claim by the | 3 |
| manufacturer, or by any person authorized or permitted by the | 4 |
| manufacturer to make public statements concerning the tobacco | 5 |
| product, that a tobacco product has or produces a flavor, | 6 |
| taste, or aroma (other than tobacco or menthol for all tobacco | 7 |
| products and other than wintergreen and mint for smokeless | 8 |
| tobacco products and cigars) shall constitute proof that the | 9 |
| tobacco product has a characterizing flavor.
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| (b) Sale of cigarette paper. No person shall knowingly | 11 |
| offer, sell,
barter, exchange, deliver or give away cigarette | 12 |
| paper or cause, permit, or
procure cigarette paper to be sold, | 13 |
| offered, bartered, exchanged,
delivered, or given away except | 14 |
| from premises or an establishment where other
tobacco
products | 15 |
| are sold. For purposes of this Section, "tobacco products" | 16 |
| means
cigarettes, cigars, smokeless tobacco, or tobacco in any | 17 |
| of its forms.
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| (c) Sale of cigarette paper from vending machines. No | 19 |
| person shall
knowingly offer, sell, barter, exchange, deliver | 20 |
| or give away cigarette
paper or cause, permit, or procure | 21 |
| cigarette paper to be sold, offered,
bartered, exchanged, | 22 |
| delivered, or
given away by use of a vending or coin-operated | 23 |
| machine or device. For
purposes of this Section, "cigarette | 24 |
| paper" shall not
include any paper that is incorporated into a | 25 |
| product to which a tax stamp
must be affixed under the | 26 |
| Cigarette Tax Act or the Cigarette Use Tax Act.
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| (d) Use of identification cards. No person in the | 2 |
| furtherance or
facilitation of obtaining smoking accessories | 3 |
| and smoking herbs shall
display or use a false or forged | 4 |
| identification card or transfer, alter, or
deface an | 5 |
| identification card.
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| (e) Warning to minors. Any person, firm, partnership, | 7 |
| company or
corporation operating a place of business where | 8 |
| tobacco accessories and
smoking herbs are sold or offered for | 9 |
| sale shall post in a conspicuous
place upon the premises a sign | 10 |
| upon which there shall be imprinted the
following statement, | 11 |
| "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
PERSONS UNDER | 12 |
| EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
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| PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be | 14 |
| printed on
a white card in red letters at least one-half inch | 15 |
| in height.
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| (Source: P.A. 91-734, eff. 1-1-01.)".
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