Rep. Bob Morgan
Filed: 5/13/2021
 
 

 

 

 
10200SB0512ham003LRB102 14603 CPF 26561 a



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
 
16on page 17, by replacing lines 13 through 21 with the 
17following:
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."; and
 
9on page 19, immediately below line 10, by inserting the 
10following:
11    "(j) After the Department of Revenue has seized any 
12tobacco product, nicotine product, or electronic cigarette as 
13provided in subsection (g) and a person having any property 
14interest in the seized property has not been charged with an 
15offense under this Section or a violation of the Preventing 
16Youth Vaping Act, the Department of Revenue must hold a 
17hearing and determine whether the seized tobacco products, 
18alternative nicotine products, or electronic cigarettes were 
19part of the inventory located at the place of business when a 
20violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or 
21(d) of this Section or a violation of the Preventing Youth 
22Vaping Act occurred and whether any seized tobacco product, 
23alternative nicotine product, or electronic cigarette was of a 
24type involved in that violation. The Department of Revenue 
25shall give not less than 20 days' notice of the time and place 
 
 
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1of the hearing to the owner of the property, if the owner is 
2known, and also to the person in whose possession the property 
3was found if that person is known and if the person in 
4possession is not the owner of the property. If neither the 
5owner nor the person in possession of the property is known, 
6the Department of Revenue must cause publication of the time 
7and place of the hearing to be made at least once each week for 
83 weeks successively in a newspaper of general circulation in 
9the county where the hearing is to be held.
10    If, as the result of the hearing, the Department of 
11Revenue determines that the tobacco products, alternative 
12nicotine products, or the electronic cigarettes were part of 
13the inventory located at the place of business when a 
14violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or 
15(d) of this Section or a violation of the Preventing Youth 
16Vaping Act at the time of seizure, the Department of Revenue 
17must enter an order declaring the tobacco product, alternative 
18nicotine product, or electronic cigarette confiscated and 
19forfeited to the State, to be held by the Department of Revenue 
20for disposal by it as provided in Section 10-58 of the Tobacco 
21Products Tax Act of 1995. The Department of Revenue must give 
22notice of the order to the owner of the property, if the owner 
23is known, and also to the person in whose possession the 
24property was found if that person is known and if the person in 
25possession is not the owner of the property. If neither the 
26owner nor the person in possession of the property is known, 
 
 
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1the Department of Revenue must cause publication of the order 
2to be made at least once each week for 3 weeks successively in 
3a newspaper of general circulation in the county where the 
4hearing was held."; and


 
5on page 35, by deleting lines 2 and 3.