Full Text of SB3098 103rd General Assembly
SB3098sam001 103RD GENERAL ASSEMBLY | Sen. Meg Loughran Cappel Filed: 2/28/2024 | | 10300SB3098sam001 | | LRB103 37194 RLC 69836 a |
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| 1 | | AMENDMENT TO SENATE BILL 3098
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3098 on page 1, | 3 | | line 6, by replacing "Section 1" with "Sections 1 and 2"; and | 4 | | on page 2, line 23, by inserting " under 21 years of age " after | 5 | | " anyone "; and | 6 | | on page 9, lines 2 and 18, by deleting " (a-5.2), " wherever it | 7 | | appears; and | 8 | | on page 10, line 12, by deleting " (a-5.2), "; and | 9 | | on page 11, line 8, by deleting " (a-5.2), "; and | 10 | | on page 12, line 1, by deleting " (a-5.2), "; and | 11 | | on page 12, by replacing lines 20 and 21 with the following: |
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| 1 | | "(720 ILCS 675/2) (from Ch. 23, par. 2358) | 2 | | Sec. 2. Penalties. | 3 | | (a) Any person who violates subsection (a), (a-5), | 4 | | (a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act | 5 | | is guilty of a petty offense. For the first offense in a | 6 | | 24-month period, the person shall be fined $200 if his or her | 7 | | employer has a training program that facilitates compliance | 8 | | with minimum-age tobacco laws. For the second offense in a | 9 | | 24-month period, the person shall be fined $400 if his or her | 10 | | employer has a training program that facilitates compliance | 11 | | with minimum-age tobacco laws. For the third offense in a | 12 | | 24-month period, the person shall be fined $600 if his or her | 13 | | employer has a training program that facilitates compliance | 14 | | with minimum-age tobacco laws. For the fourth or subsequent | 15 | | offense in a 24-month period, the person shall be fined $800 if | 16 | | his or her employer has a training program that facilitates | 17 | | compliance with minimum-age tobacco laws. For the purposes of | 18 | | this subsection, the 24-month period shall begin with the | 19 | | person's first violation of the Act. The penalties in this | 20 | | subsection are in addition to any other penalties prescribed | 21 | | under the Cigarette Tax Act and the Tobacco Products Tax Act of | 22 | | 1995. | 23 | | (a-5) Any retailer who violates subsection (a), (a-5), | 24 | | (a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act | 25 | | is guilty of a petty offense. For the first offense in a | 26 | | 24-month period, the retailer shall be fined $200 if it does |
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| 1 | | not have a training program that facilitates compliance with | 2 | | minimum-age tobacco laws. For the second offense in a 24-month | 3 | | period, the retailer shall be fined $400 if it does not have a | 4 | | training program that facilitates compliance with minimum-age | 5 | | tobacco laws. For the third offense within a 24-month period, | 6 | | the retailer shall be fined $600 if it does not have a training | 7 | | program that facilitates compliance with minimum-age tobacco | 8 | | laws. For the fourth or subsequent offense in a 24-month | 9 | | period, the retailer shall be fined $800 if it does not have a | 10 | | training program that facilitates compliance with minimum-age | 11 | | tobacco laws. For the purposes of this subsection, the | 12 | | 24-month period shall begin with the person's first violation | 13 | | of the Act. The penalties in this subsection are in addition to | 14 | | any other penalties prescribed under the Cigarette Tax Act and | 15 | | the Tobacco Products Tax Act of 1995. | 16 | | (a-6) For the purpose of this Act, a training program that | 17 | | facilitates compliance with minimum-age tobacco laws must | 18 | | include at least the following elements: (i) it must explain | 19 | | that only individuals displaying valid identification | 20 | | demonstrating that they are 21 years of age or older shall be | 21 | | eligible to purchase tobacco products, electronic cigarettes, | 22 | | or alternative nicotine products and (ii) it must explain | 23 | | where a clerk can check identification for a date of birth. The | 24 | | training may be conducted electronically. Each retailer that | 25 | | has a training program shall require each employee who | 26 | | completes the training program to sign a form attesting that |
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| 1 | | the employee has received and completed tobacco training. The | 2 | | form shall be kept in the employee's file and may be used to | 3 | | provide proof of training. | 4 | | (b) If a person under 21 years of age violates subsection | 5 | | (a-6) of Section 1, he or she is guilty of a Class A | 6 | | misdemeanor. | 7 | | (c) (Blank). | 8 | | (d) (Blank). | 9 | | (e) (Blank). | 10 | | (f) (Blank). | 11 | | (g) (Blank). | 12 | | (h) All moneys collected as fines for violations of | 13 | | subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) of | 14 | | Section 1 shall be distributed in the following manner: | 15 | | (1) one-half of each fine shall be distributed to the | 16 | | unit of local government or other entity that successfully | 17 | | prosecuted the offender; and | 18 | | (2) one-half shall be remitted to the State to be used | 19 | | for enforcing this Act. | 20 | | Any violation of subsection (a) or (a-5) of Section 1 | 21 | | shall be reported to the Department of Revenue within 7 | 22 | | business days. | 23 | | (Source: P.A. 101-2, eff. 7-1-19; 102-558, eff. 8-20-21.)". |
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