Rep. Bob Morgan
Filed: 5/12/2021
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 512




2    AMENDMENT NO. ______. Amend Senate Bill 512 on page 4, by 
3deleting lines 2 through 12; and
 
4on page 4, by replacing lines 14 through 23 with the following:


5    "(a) The Department of Revenue may adopt rules that are 
6reasonable, necessary, and related to the administration and 
7enforcement of this Act.
8    (b) The Department of Revenue, the Department of Public 
9Health, a local public health department, the Department of 
10Human Services, the Illinois State Police, a county sheriff, 
11and a municipal police department may inspect any business 
12that sells, manufactures, transports, or distributes 
13electronic cigarettes in the State to ensure compliance with 
14this Act."; and
 
15on page 7, by replacing lines 3 and 4 with the following:

16"September 9, 2020 shall not be deemed to be adulterated under 
 
 
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1subparagraph (C) of paragraph (4) of this subsection."; and
 
2on page 7, immediately, below line 7, by inserting the 
3following:
4    "(c) Any violation of this Act shall be reported to the 
5Department of Revenue within 7 business days."; and

 
6on page 10, by replacing lines 12 through 17 with the 
7following:
8    "(a) No person under 21 years of age shall buy any tobacco

9product, electronic cigarette, or alternative nicotine

10product. No person shall sell, buy for, distribute samples of

11or furnish any tobacco product, electronic cigarette, or any

12alternative nicotine product to any person under 21 years of

13age."; and
 
14on page 11, line 25, after "tobacco product", by inserting ", 
15alternative nicotine product, or electronic cigarette"; and
 
16by replacing line 13 on page 17 through line 10 on page 19 with 
17the following:
18    "(g) Any peace officer or duly authorized member of the 
19Illinois State Police, a county sheriff's department, a 
20municipal police department, the Department of Revenue, the 
21Department of Public Health, a local health department, or the 
22Department of Human Services, upon discovering a violation of 
 
 
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1subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this 
2Section or a violation of the Preventing Youth Vaping Act, may 
3seize any tobacco products, alternative nicotine products, or 
4electronic cigarettes of the specific type involved in that 
5violation that are located at that place of business. The 
6tobacco products, alternative nicotine products, or electronic 
7cigarettes so seized are subject to confiscation and 
8forfeiture.
9    (h) After seizing any tobacco products, alternative 
10nicotine products, or electronic cigarettes as provided in 
11subsection (g), the Illinois Department of Revenue must hold a 
12hearing and determine whether the seized tobacco products, 
13alternative nicotine products, or electronic cigarettes were 
14part of the inventory located at the place of business when a 
15violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or 
16(d) of this Section or a violation of the Preventing Youth 
17Vaping Act occurred and whether any seized tobacco products, 
18alternative nicotine products, or electronic cigarettes were 
19of a type involved in that violation. The Illinois Department 
20of Revenue shall give not less than 20 days' notice of the time 
21and place of the hearing to the owner of the property, if the 
22owner is known, and also to the person in whose possession the 
23property was found if that person is known and if the person in 
24possession is not the owner of the property. If neither the 
25owner nor the person in possession of the property is known, 
26the Illinois Department of Revenue must cause publication of 
 
 
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1the time and place of the hearing to be made at least once each 
2week for 3 weeks successively in a newspaper of general 
3circulation in the county where the hearing is to be held.
4    If, as the result of the hearing, the Illinois Department 
5of Revenue determines that the tobacco products, alternative 
6nicotine products, or the electronic cigarettes were part of 
7the inventory located at the place of business when a 
8violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or 
9(d) of this Section or a violation of the Preventing Youth 
10Vaping Act at the time of seizure, the Illinois Department of 
11Revenue must enter an order declaring the tobacco products, 
12alternative nicotine products, or electronic cigarettes 
13confiscated and forfeited to the State, to be held by the 
14Illinois Department of Revenue for disposal by it as provided 
15in Section 10-58 of the  Tobacco Products Tax Act of 1995. The 
16Illinois Department of Revenue must give notice of the order 
17to the owner of the property, if the owner is known, and also 
18to the person in whose possession the property was found if 
19that person is known and if the person in possession is not the 
20owner of the property. If neither the owner nor the person in 
21possession of the property is known, the Illinois Department 
22of Revenue must cause publication of the order to be made at 
23least once each week for 3 weeks successively in a newspaper of 
24general circulation in the county where the hearing was 
25held."; and
 
 
 
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1on page 35, by deleting lines 2 and 3.