SB2288 101ST GENERAL ASSEMBLY

LRB101 14468 CPF 64115 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2288

Introduced 10/28/2019, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

35 ILCS 143/10-25
410 ILCS 82/27 new

Amends the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the license of any retailer that violates the amendatory Act's provisions. Amends the Smoke Free Illinois Act. Prohibits the sale or distribution of a tobacco product, electronic cigarette, or alternative nicotine product within 100 feet of a school if the school is not an institution of higher learning. Provides that any person or retail tobacco store who violates this provision is guilty of a petty offense and shall be subject to specified civil penalties.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

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

Section 5. The Tobacco Products Tax Act of 1995 is amended by changing Section 10-25 as follows:

(35 ILCS 143/10-25)

Sec. 10-25. License actions.

(a) The Department may, after notice and a hearing, revoke, cancel, or suspend the license of any distributor or retailer who violates any of the provisions of this Act, fails to keep books and records as required under this Act, fails to make books and records available for inspection upon demand by a duly authorized employee of the Department, or violates a rule or regulation of the Department for the administration and enforcement of this Act. The notice shall specify the alleged violation or violations upon which the revocation, cancellation, or suspension proceeding is based.

(b) The Department may revoke, cancel, or suspend the license of any distributor for a violation of the Tobacco Product Manufacturers' Escrow Enforcement Act as provided in Section 20 of that Act.

(b-5) The Department may suspend the license of any retailer for a violation of Section 27 of the Smoke Free Illinois Act.

(c) If the retailer has a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 3 days the license of that retailer for a fourth or subsequent violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a) of Section 2 of that Act. For the purposes of this Section, any violation of subsection (a) of Section 2 of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act occurring at the retailer's licensed location, during a 24-month period, shall be counted as a violation against the retailer.

If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 3 days the license of that retailer for a second violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act.

If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 7 days the license of that retailer for a third violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act.

If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 30 days the license of a retailer for a fourth or subsequent violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that 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 cigarettes or tobacco 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.

(d) The Department may, by application to any circuit court, obtain an injunction restraining any person who engages in business as a distributor of tobacco products without a license (either because his or her license has been revoked, canceled, or suspended or because of a failure to obtain a license in the first instance) from engaging in that business until that person, as if that person were a new applicant for a license, complies with all of the conditions, restrictions, and requirements of Section 10-20 of this Act and qualifies for and obtains a license. Refusal or neglect to obey the order of the court may result in punishment for contempt.

(Source: P.A. 100-940, eff. 8-17-18; 101-2, eff. 7-1-19.)

Section 10. The Smoke Free Illinois Act is amended by adding Section 27 as follows:

(410 ILCS 82/27 new)

Sec. 27. Sale or distribution of tobacco products, electronic cigarettes, or alternative nicotine products near schools.

(a) In this Section:

"Alternative nicotine product" has the same meaning as provided in Section 1 of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act.

"Electronic cigarette" has the same meaning as provided in Section 1 of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act.

"Institution of higher learning" has the same meaning as provided in Section 17-0.5 of the Criminal Code of 2012.

"Tobacco product" has the same meaning as provided in Section 1 of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act.

(b) The sale or distribution of a tobacco product, electronic cigarette, or alternative nicotine product is prohibited within 100 feet of a school if the school is not an institution of higher learning.

(c) Any person or retail tobacco store who violates this Section is guilty of a petty offense. For the first offense in a 24-month period, the person or retail tobacco store shall be fined $200. For the second offense in a 24-month period, the person or retail tobacco store shall be fined $400. For the third offense in a 24-month period, the person or retail tobacco store shall be fined $600. For the fourth or subsequent offense in a 24-month period, the person or retail tobacco store shall be fined $800. For the purposes of this subsection, the 24-month period shall begin with the person's or retail tobacco store's first violation of the Act. The penalties in this subsection are in addition to any other penalties prescribed under any other provision of law.

(d) Upon a decision by the Department that a retail tobacco store or a retail tobacco store's agent or employee has engaged in any conduct that violates this Section, the Department of Revenue may suspend that retail tobacco store's retailer's license under Section 10-25 of the Tobacco Products Tax Act of 1995. Any suspension shall be preceded by a notice of correction or a notice of initial determination of violation.