SB2231 104TH GENERAL ASSEMBLY

LRB104 10168 BDA 20240 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2231

Introduced 2/7/2025, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

720 ILCS 675/1.6 new
720 ILCS 675/2	from Ch. 23, par. 2358

Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that before electronic cigarettes may be sold in the State, each manufacturer of such products shall register its electronic cigarette products with the Department of Revenue and shall submit an affidavit to the Department of Revenue. Describes the form of the affidavit. Provides that the information in the affidavit shall be compiled in a registry maintained by the Department of Revenue, updated daily, and made publicly available on the Department's website. Provides that the Department of Revenue, the Department of Public Health, the Attorney General, and local law enforcement agencies shall enforce these provisions by seizing electronic cigarette products that are not in compliance. Provides that the Department of Revenue shall adopt rules to enforce these provisions. Provides that a manufacturer who violates these provisions is guilty of a Class A misdemeanor. Effective immediately.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act is amended by changing Section 2 and by adding Section 1.6 as follows:

(720 ILCS 675/1.6 new)

Sec. 1.6. Manufacturer requirements; electronic cigarettes. (a) Before electronic cigarettes may be sold in this State, each manufacturer of such products shall register its electronic cigarette products with the Department of Revenue and shall submit an affidavit to the Department of Revenue in substantially the following form:

ILLINOIS AFFIDAVIT FOR ATTESTATION OF ELECTRONIC CIGARETTES

PRODUCTS Affiant hereby states and affirms that:

(1) (name of manufacturer)_........is the manufacturer of an electronic cigarette product that is sold or intended to be sold in this State, whether directly or indirectly, or through a distributor, retailer, or similar intermediary or intermediaries.

(2) (manufacturer representative)....... attests that this product was available for purchase in the United States as of (date available), and the manufacturer has applied for a marketing order for the electronic cigarette product by submitting a Premarket Tobacco Product Application on or before (date of application), to the United States Food and Drug Administration (FDA) or has received a marketing order or other authorization for the electronic cigarette product from the FDA pursuant to Section 387j of Title 21 of the United States Code.

(3) (manufacturer)_...... shall notify the Department of Revenue within 30 days of any material change to the attestation, including whether the FDA has issued or not issued a market order or other authorization or has ordered the manufacturer to remove the electronic cigarette product, either temporarily or permanently, from the United States market.

(4) (manufacturer)........ understands that it is unlawful for any person, directly or indirectly, to knowingly manufacture, distribute, sell, barter, or furnish in this State any electronic cigarette product that is not included in the directory. The Department of Revenue is relying on information provided in the aforesaid affidavit as to your authority to sell or distribute these products in Illinois. If the Department of Revenue is not advised in writing of authorization for a product to be sold or distributed in Illinois so that it may be placed in the directory, it will be deemed an unlawful product.

Date:...........

(Company name)

Subscribed and sworn to before me this_....day of ....20..

Notary Public............

My Commission Expires:......

Commission No.......

(b) The information described in subsection (a) shall be compiled in a registry maintained by the Department of Revenue, updated daily, and made publicly available on the Department's website.

(c) The Department of Revenue, the Department of Public Health, the Attorney General, and local law enforcement agencies shall enforce the provisions of this Section by seizing electronic cigarette products that are not in compliance with this Section.

(d) The Department of Revenue shall adopt rules to enforce this Section.

(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.

(a-7) A manufacturer who violates Section 1.6 is guilty of a Class A misdemeanor.

(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-7) (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 or Section 1.6 shall be reported to the Department of Revenue within 7 business days.

(Source: P.A. 102-558, eff. 8-20-21; 103-937, eff. 1-1-25.)

Section 99. Effective date. This Act takes effect upon becoming law.