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90_SB0325
New Act
35 ILCS 130/1 from Ch. 120, par. 453.1
410 ILCS 85/3 from Ch. 111 1/2, par. 8233
410 ILCS 85/4 from Ch. 111 1/2, par. 8234
Creates the Youth Tobacco Reduction Act. Prohibits the
possession of cigarette vending machines and the use of a
vending machine for the sale of cigarettes. Bans the sale of
cigarettes except in complete packages. Prohibits tobacco
advertising at sporting events and within 1,000 feet of
schools and playgrounds. Provides penalties for certain
violations of the Act. Amends the Cigarette Tax Act and the
Cigarette Health Warning Act to remove references to
cigarette vending machines.
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1 AN ACT to create the Youth Tobacco Reduction Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Youth Tobacco Reduction Act.
6 Section 5. Cigarette vending machines. No person shall
7 possess a cigarette vending machine or use a vending machine
8 for the sale of cigarettes. Any person who violates this
9 Section shall be guilty of a business offense punishable by
10 loss of his or her license to conduct business.
11 Section 10. Sale of loose cigarettes. No person shall
12 sell single or loose cigarettes or sell any cigarette that is
13 not part of a complete package of cigarettes. Any person who
14 violates this Section shall be guilty of a business offense
15 punishable by loss of his or her license to conduct business.
16 Section 15. Tobacco advertising. No person shall
17 advertise any tobacco or tobacco product at a sporting event
18 or within 1,000 feet of a school or playground by means of a
19 billboard, sign, or any other method.
20 Section 50. The Cigarette Tax Act is amended by changing
21 Section 1 as follows:
22 (35 ILCS 130/1) (from Ch. 120, par. 453.1)
23 Sec. 1. For the purposes of this Act:
24 "Cigarette", when used in this Act, shall be construed to
25 mean: Any roll for smoking made wholly or in part of tobacco
26 irrespective of size or shape and whether or not such tobacco
27 is flavored, adulterated or mixed with any other ingredient,
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1 and the wrapper or cover of which is made of paper or any
2 other substance or material except tobacco.
3 "Person" means any natural individual, firm, partnership,
4 association, joint stock company, joint adventure, public or
5 private corporation, however formed, limited liability
6 company, or a receiver, executor, administrator, trustee,
7 guardian or other representative appointed by order of any
8 court.
9 "Prior Continuous Compliance Taxpayer" means any person
10 who is licensed under this Act and who, having been a
11 licensee for a continuous period of 5 years, is determined by
12 the Department not to have been either delinquent or
13 deficient in the payment of tax liability during that period
14 or otherwise in violation of this Act. Also, any taxpayer
15 who has, as verified by the Department, continuously complied
16 with the condition of his bond or other security under
17 provisions of this Act for a period of 5 consecutive years
18 shall be considered to be a "Prior continuous compliance
19 taxpayer". In calculating the consecutive period of time
20 described herein for qualification as a "prior continuous
21 compliance taxpayer", a consecutive period of time of
22 qualifying compliance immediately prior to the effective date
23 of this amendatory Act of 1987 shall be credited to any
24 licensee who became licensed on or before the effective date
25 of this amendatory Act of 1987.
26 "Department" means the Department of Revenue.
27 "Sale" means any transfer, exchange or barter in any
28 manner or by any means whatsoever for a consideration, and
29 includes and means all sales made by any person.
30 "Original Package" means the individual packet, box or
31 other container whatsoever used to contain and to convey
32 cigarettes to the consumer.
33 "Distributor" means any and each of the following:
34 (1) Any person engaged in the business of selling
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1 cigarettes in this State who brings or causes to be brought
2 into this State from without this State any original packages
3 of cigarettes, on which original packages there is no
4 authorized evidence underneath a sealed transparent wrapper
5 showing that the tax liability imposed by this Act has been
6 paid or assumed by the out-of-State seller of such
7 cigarettes, for sale or other disposition in the course of
8 such business.
9 (2) Any person who makes, manufactures or fabricates
10 cigarettes in this State for sale in this State, except a
11 person who makes, manufactures or fabricates cigarettes as a
12 part of a correctional industries program for sale to
13 residents incarcerated in penal institutions or resident
14 patients of a State-operated mental health facility.
15 (3) Any person who makes, manufactures or fabricates
16 cigarettes outside this State, which cigarettes are placed in
17 original packages contained in sealed transparent wrappers,
18 for delivery or shipment into this State, and who elects to
19 qualify and is accepted by the Department as a distributor
20 under Section 4b of this Act.
21 "Place of business" shall mean and include any place
22 where cigarettes are sold or where cigarettes are
23 manufactured, stored or kept for the purpose of sale or
24 consumption, including any vessel, vehicle, airplane, or
25 train or vending machine.
26 "Business" means any trade, occupation, activity or
27 enterprise engaged in for the purpose of selling cigarettes
28 in this State.
29 "Retailer" means any person who engages in the making of
30 transfers of the ownership of, or title to, cigarettes to a
31 purchaser for use or consumption and not for resale in any
32 form, for a valuable consideration, except a person who
33 transfers to residents incarcerated in penal institutions or
34 resident patients of a State-operated mental health facility
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1 ownership of cigarettes made, manufactured, or fabricated as
2 part of a correctional industries program.
3 "Retailer" shall be construed to include any person who
4 engages in the making of transfers of the ownership of, or
5 title to, cigarettes to a purchaser, for use or consumption
6 by any other person to whom such purchaser may transfer the
7 cigarettes without a valuable consideration, except a person
8 who transfers to residents incarcerated in penal institutions
9 or resident patients of a State-operated mental health
10 facility ownership of cigarettes made, manufactured or
11 fabricated as part of a correctional industries program.
12 (Source: P.A. 88-480.)
13 Section 55. The Cigarette Health Warning Act is amended
14 by changing Sections 3 and 4 as follows:
15 (410 ILCS 85/3) (from Ch. 111 1/2, par. 8233)
16 Sec. 3. Definition Definitions. As used in this Act:
17 "Cigarette vending machine" means any mechanical device
18 used or intended to be used for retail sales of cigarettes,
19 the operation of which is governed or controlled by the
20 deposit of currency, a coin, or a token.
21 "Department" means the Department of Public Health.
22 (Source: P.A. 87-572.)
23 (410 ILCS 85/4) (from Ch. 111 1/2, par. 8234)
24 Sec. 4. Display of Warning Signs.
25 (a) (Blank). No person may sell cigarettes at retail
26 using a cigarette vending machine unless a sign with the
27 message "SURGEON GENERAL'S WARNING: SMOKING BY PREGNANT
28 WOMEN MAY RESULT IN FETAL INJURY, PREMATURE BIRTH, AND LOW
29 BIRTH WEIGHT" is displayed in plain view on the machine.
30 (b) No person may sell or offer to sell cigarettes at
31 retail unless a sign with the message "SURGEON GENERAL'S
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1 WARNING: SMOKING BY PREGNANT WOMEN MAY RESULT IN FETAL
2 INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT" is posted in a
3 conspicuous place upon the premises. This subsection (b)
4 does not apply to sales of cigarettes through cigarette
5 vending machines to which subsection (a) applies.
6 (Source: P.A. 87-572.)