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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Substance Use Disorder Act is amended by | ||||||
| 5 | adding Section 55-36 as follows: | ||||||
| 6 | (20 ILCS 301/55-36 new) | ||||||
| 7 | Sec. 55-36. Compliance checks; tobacco and vape retailers. | ||||||
| 8 | (a) Definitions. As used in this Section: | ||||||
| 9 | "Alternative nicotine product" has the meaning ascribed to | ||||||
| 10 | that term in Section 1 of the Prevention of Tobacco Use by | ||||||
| 11 | Persons under 21 Years of Age and Sale and Distribution of | ||||||
| 12 | Tobacco Products Act. | ||||||
| 13 | "E-cigarette" has the meaning ascribed to the term | ||||||
| 14 | "electronic cigarette" in Section 1 of the Prevention of | ||||||
| 15 | Tobacco Use by Persons under 21 Years of Age and Sale and | ||||||
| 16 | Distribution of Tobacco Products Act. | ||||||
| 17 | "Vape shop" means any retail or service establishment that | ||||||
| 18 | devotes 51% or more of its floor area to the sale and display | ||||||
| 19 | of electronic cigarettes or e-cigarettes or allows vaping on | ||||||
| 20 | site. | ||||||
| 21 | (b) As a means to reduce the consumption of tobacco | ||||||
| 22 | products, electronic nicotine devices, alternative nicotine | ||||||
| 23 | products, and e-cigarettes by persons under 21 years of age, | ||||||
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| 1 | the Department may conduct compliance checks of tobacco and | ||||||
| 2 | vape retailers to investigate whether such retailers are | ||||||
| 3 | selling tobacco products, electronic nicotine products, | ||||||
| 4 | alternative nicotine products, or e-cigarettes to persons | ||||||
| 5 | under 21 years of age in violation of the Prevention of Tobacco | ||||||
| 6 | Use by Persons under 21 Years of Age and Sale and Distribution | ||||||
| 7 | of Tobacco Products Act. The Department may expand the use of | ||||||
| 8 | existing tobacco compliance check programs to include vape | ||||||
| 9 | shops. Compliance checks may be conducted by underage | ||||||
| 10 | individuals under the supervision of local law enforcement and | ||||||
| 11 | the Illinois State Police. The Illinois State Police shall | ||||||
| 12 | communicate with local police departments and sheriff | ||||||
| 13 | departments to ensure coordination and collaboration and to | ||||||
| 14 | ensure its efforts do not duplicate any local compliance check | ||||||
| 15 | activities. Underage individuals who purchase tobacco | ||||||
| 16 | products, electronic nicotine devices, alternative nicotine | ||||||
| 17 | products, or e-cigarettes while conducting supervised | ||||||
| 18 | compliance checks shall not be in violation of the Prevention | ||||||
| 19 | of Tobacco Use by Persons under 21 Years of Age and Sale and | ||||||
| 20 | Distribution of Tobacco Products Act.
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