SB3098sam001 103RD GENERAL ASSEMBLY

Sen. Meg Loughran Cappel

Filed: 2/28/2024

10300SB3098sam001 LRB103 37194 RLC 69836 a

AMENDMENT TO SENATE BILL 3098

AMENDMENT NO. ______. Amend Senate Bill 3098 on page 1, line 6, by replacing "Section 1" with "Sections 1 and 2"; and

on page 2, line 23, by inserting "under 21 years of age" after "anyone"; and

on page 9, lines 2 and 18, by deleting "(a-5.2)," wherever it appears; and

on page 10, line 12, by deleting "(a-5.2),"; and

on page 11, line 8, by deleting "(a-5.2),"; and

on page 12, line 1, by deleting "(a-5.2),"; and

on page 12, by replacing lines 20 and 21 with the following:

"(720 ILCS 675/2) (from Ch. 23, par. 2358)

Sec. 2. Penalties.

(a) Any person who violates subsection (a), (a-5), (a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act is guilty of a petty offense. For the first offense in a 24-month period, the person shall be fined $200 if his or her employer has a training program that facilitates compliance with minimum-age tobacco laws. For the second offense in a 24-month period, the person shall be fined $400 if his or her employer has a training program that facilitates compliance with minimum-age tobacco laws. For the third offense in a 24-month period, the person shall be fined $600 if his or her employer has a training program that facilitates compliance with minimum-age tobacco laws. For the fourth or subsequent offense in a 24-month period, the person shall be fined $800 if his or her employer has a training program that facilitates compliance with minimum-age tobacco laws. For the purposes of this subsection, the 24-month period shall begin with the person's first violation of the Act. The penalties in this subsection are in addition to any other penalties prescribed under the Cigarette Tax Act and the Tobacco Products Tax Act of 1995.

(a-5) Any retailer who violates subsection (a), (a-5), (a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act is guilty of a petty offense. For the first offense in a 24-month period, the retailer shall be fined $200 if it does not have a training program that facilitates compliance with minimum-age tobacco laws. For the second offense in a 24-month period, the retailer shall be fined $400 if it does not have a training program that facilitates compliance with minimum-age tobacco laws. For the third offense within a 24-month period, the retailer shall be fined $600 if it does not have a training program that facilitates compliance with minimum-age tobacco laws. For the fourth or subsequent offense in a 24-month period, the retailer shall be fined $800 if it does not have a training program that facilitates compliance with minimum-age tobacco laws. For the purposes of this subsection, the 24-month period shall begin with the person's first violation of the Act. The penalties in this subsection are in addition to any other penalties prescribed under the Cigarette Tax Act and the Tobacco Products Tax Act of 1995.

(a-6) For the purpose of this Act, a training program that facilitates compliance with minimum-age tobacco laws must include at least the following elements: (i) it must explain that only individuals displaying valid identification demonstrating that they are 21 years of age or older shall be eligible to purchase tobacco products, electronic cigarettes, or alternative nicotine products and (ii) it must explain where a clerk can check identification for a date of birth. The training may be conducted electronically. Each retailer that has a training program shall require each employee who completes the training program to sign a form attesting that the employee has received and completed tobacco training. The form shall be kept in the employee's file and may be used to provide proof of training.

(b) If a person under 21 years of age violates subsection (a-6) of Section 1, he or she is guilty of a Class A misdemeanor.

(c) (Blank).

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) (Blank).

(h) All moneys collected as fines for violations of subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) of Section 1 shall be distributed in the following manner:

(1) one-half of each fine shall be distributed to the unit of local government or other entity that successfully prosecuted the offender; and

(2) one-half shall be remitted to the State to be used for enforcing this Act.

Any violation of subsection (a) or (a-5) of Section 1 shall be reported to the Department of Revenue within 7 business days.

(Source: P.A. 101-2, eff. 7-1-19; 102-558, eff. 8-20-21.)".