101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3699

 

Introduced 2/14/2020, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Safety in Electronic Smoking Act. Provides that it is unlawful for a person to sell or distribute specified electronic cigarettes and electronic cigarette packaging. Contains advertising and manufacturing requirements. Provides civil and criminal penalties. Provides that the Department of Agriculture, Department of Revenue, Department of Public Health, and Illinois State Police shall have equal and joint authority to administer and enforce the Act, may adopt rules, and may inspect any business that manufactures, transports, or distributes electronic cigarettes to ensure compliance with the Act. Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Removes language providing that an "electronic cigarette" does not include a tobacco product and that a "tobacco product" does not include an electronic cigarette. Provides prohibitions regarding the sale of electronic cigarettes and allows specified peace officers to seize any tobacco products or electronic cigarettes involved in a specified violation. Makes other changes. Amends the Prevention of Cigarette Sales to Persons under 21 Years of Age Act. Changes the Act's title to the Prevention of Cigarette and Electronic Cigarette Sales to Persons under 21 Years of Age Act. Defines "electronic cigarette" and refers to electronic cigarettes in conjunction with cigarettes. Makes other changes. Effective immediately.


LRB101 17378 CPF 70216 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3699LRB101 17378 CPF 70216 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Safety
5in Electronic Smoking Act.
 
6    Section 5. Definitions. In this Act:
7    "Additive" means any substance the intended use of which
8results or may reasonably be expected to result, directly or
9indirectly, in it becoming a component or otherwise affecting
10the characteristic of any tobacco product, including, but not
11limited to, any substances intended for use as a flavoring or
12coloring or in producing, manufacturing, packing, processing,
13preparing, treating, packaging, transporting, or holding.
14"Additive" does not include tobacco or a pesticide chemical
15residue in or on raw tobacco or a pesticide chemical.
16    "Consumable vapor product" means any liquid nicotine
17solution or other material containing nicotine that is depleted
18when used as a vapor product.
19    "Consumer" means an individual who acquires or seeks to
20acquire electronic cigarettes for personal use.
21    "Distributor" means a person who sells, offers for sale, or
22transfers any tobacco, consumable vapor product, electronic
23cigarette, or tobacco product for resale and not for use or

 

 

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1consumption. "Distributor" includes a distributor as defined
2in Section 1 of the Cigarette Tax Act, Section 1 of the
3Cigarette Use Tax Act, and Section 10-5 of the Tobacco Products
4Tax Act of 1995.
5    "Electronic cigarette" means:
6        (1) any device that employs a battery or other
7    mechanism to heat a solution or substance to produce a
8    vapor or aerosol intended for inhalation;
9        (2) any cartridge or container of a solution or
10    substance intended to be used with or in the device or to
11    refill the device; or
12        (3) any solution or substance, whether or not it
13    contains nicotine, intended for use in the device.
14    "Electronic cigarette" includes, but is not limited to, any
15electronic nicotine delivery system, electronic cigar,
16electronic cigarillo, electronic pipe, electronic hookah, vape
17pen, or similar product or device, and any component or part
18that can be used to build the product or device. "Electronic
19cigarette" does not include: cigarettes, as defined in Section
201 of the Cigarette Tax Act; any product approved by the United
21States Food and Drug Administration for sale as a smoking
22cessation product, a tobacco dependence product, or for other
23medical purposes that is marketed and sold solely for that
24approved purpose; any asthma inhaler prescribed by a physician
25for that condition that is marketed and sold solely for that
26approved purpose; or any therapeutic product approved for use

 

 

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1under the Compassionate Use of Medical Cannabis Program Act.
2    "Manufacturer" means any person, wherever resident or
3located, who manufactures and sells tobacco products.
4"Manufacturer" does not include a person who makes,
5manufactures, or fabricates tobacco products as a part of a
6correctional industries program for sale to persons
7incarcerated in penal institutions or resident patients of a
8State-operated mental health facility.
9    "Modified risk tobacco product" means any tobacco product
10that is sold or distributed to reduce harm or the risk of
11tobacco related disease associated with commercially marketed
12tobacco products.
13    "Person" means any individual, corporation, partnership,
14limited liability company, association, or other organization
15that engages in any for-profit or not-for-profit activities.
16    "Retailer" means a person who engages in this State in the
17sale of or offers for sale electronic cigarettes or consumable
18vapor products for use or consumption and not for resale in any
19form. "Retailer" includes a retailer as defined in Section 1 of
20the Cigarette Tax Act and Section 10-5 of the Tobacco Products
21Tax Act of 1995.
22    "Secondary distributor" has the same meaning as defined in
23Section 1 of the Cigarette Tax Act and Section 1 of the
24Cigarette Use Tax Act.
25    "Tobacco product" has the same meaning as defined in
26Section 10-5 of the Tobacco Products Tax Act of 1995.

 

 

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1    "Vapor product" means any noncombustible product that
2employs a heating element, battery, electronic circuit, or
3other means, regardless of shape or size, that can be used to
4produce vapor from nicotine in a solution. "Vapor product"
5includes, but is not limited to, any vapor cartridge or other
6container of nicotine in a solution or other form that may be
7used with or in an electronic cigarette, electronic cigar,
8electronic cigarillo, electronic pipe, or similar product or
9device.
 
10    Section 10. Enforcement; rulemaking.
11    (a) The Department of Agriculture, Department of Revenue,
12Department of Public Health, and Illinois State Police shall
13have equal and joint authority to administer and enforce this
14Act and may adopt rules for the purpose of administering and
15enforcing this Act.
16    (b) The Department of Agriculture, Department of Revenue,
17Department of Public Health, and Illinois State Police may
18inspect any business that manufactures, transports, or
19distributes electronic cigarettes in the State to ensure
20compliance with this Act.
 
21    Section 15. Prohibitions.
22    (a) It is unlawful for a person to do any of the following:
23        (1) To sell or distribute in this State; to acquire,
24    hold, own, possess, or transport, for sale or distribution

 

 

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1    in this State; or to import, or cause to be imported into
2    this State for sale or distribution in this State:
3            (A) any electronic cigarette with packaging that:
4                (i) bears any statement, label, stamp,
5            sticker, or notice indicating that the
6            manufacturer did not intend the electronic
7            cigarette to be sold, distributed, or used in the
8            United States, including, but not limited to,
9            labels stating "For Export Only", "U.S. Tax
10            Exempt", "For Use Outside U.S.", or similar
11            wording; or
12                (ii) does not comply with:
13                    (I) all requirements imposed by or
14                pursuant to federal law regarding warnings and
15                other information on packages of electronic
16                cigarettes manufactured, packaged, or imported
17                for sale, distribution, or use in the United
18                States; and
19                    (II) all federal trademark and copyright
20                laws; and
21            (B) any electronic cigarette that the person
22        otherwise knows or has reason to know the manufacturer
23        did not intend to be sold, distributed, or used in the
24        United States.
25        (2) To alter the packaging of an electronic cigarette,
26    prior to sale or distribution to the ultimate consumer, so

 

 

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1    as to remove, conceal, or obscure any statement, label,
2    stamp, sticker, or notice required under this Section or
3    federal law.
4        (3) To affix any stamp required under this Act to the
5    packaging of any electronic cigarettes described in
6    subparagraph (A) of paragraph (1) or altered in violation
7    of subparagraph (A) of paragraph (1).
8        (4) To sell in any one transaction more than 2
9    electronic cigarettes, 4 prepackaged cartridges of
10    electronic cigarette solution, or 100 milliliters of
11    electronic cigarette solution to a consumer.
12        (5) To adulterate an electronic cigarette for sale in
13    this State. An electronic cigarette is adulterated if:
14            (A) it consists in whole or in part of any filthy,
15        putrid, or decomposed substance, or is otherwise
16        contaminated by any added poisonous or deleterious
17        substance that may render the product injurious to
18        health;
19            (B) it is held or packaged in containers composed,
20        in whole or in part, of any poisonous or deleterious
21        substance that may render the contents injurious to
22        health; or
23            (C) it is required by 21 U.S.C. 387j(a) to have
24        premarket review and does not have an order in effect
25        under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of
26        an order under 21 U.S.C. 387j(c)(1)(A).

 

 

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1    (b) A distributor, secondary distributor, retailer, or
2person who violates this Section shall be guilty of a Class 4
3felony.
 
4    Section 20. Additives. An electronic cigarette for sale in
5this State shall not include the following additives:
6        (1) polyethylene glycol (PEG);
7        (2) vitamin E acetate; or
8        (3) medium chain triglycerides (MCT oil).
 
9    Section 25. Advertising.
10    (a) A manufacturer, distributor, or retailer may not market
11an electronic cigarette as a modified risk tobacco product
12unless it has been designated as a modified risk tobacco
13product by the United States Food and Drug Administration.
14    (b) A manufacturer, distributor, or retailer may not
15promote or advertise an electronic cigarette as providing
16smoking cessation benefits to consumers unless it has approval
17from the United States Food and Drug Administration to market
18its electronic cigarette as a medical product for such purpose.
19    (c) A manufacturer, distributor, or retailer may not market
20an electronic cigarette in a manner that includes fraudulent or
21misleading terms or statements.
22    (d) A manufacturer, distributor, or retailer may not
23advertise an electronic cigarette in a manner that:
24        (1) is intended to encourage persons under 21 years of

 

 

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1    age to use an electronic cigarette; or
2        (2) is attractive to persons under 21 years of age and
3    used in advertising for, but not limited to, the following:
4            (A) cartoons;
5            (B) an image, character, or phrase that is similar
6        to one popularly used to advertise to children; or
7            (C) a video game, movie, video, or animated
8        television show known to appeal primarily to persons
9        under 21 years of age.
 
10    Section 30. Manufacturer requirements.
11    (a) A manufacturer shall ensure that the label on an
12electronic cigarette container meets the nicotine
13addictiveness warning statement requirements under 21 CFR
141143.3.
15    (b) A manufacturer, including, but not limited to, a
16manufacturer of a closed system vapor product, shall annually
17submit a report to the Attorney General setting forth:
18        (1) each new product that the manufacturer is producing
19    and is sold in the State, with a list of the contents and
20    ingredients by volume;
21        (2) whether the manufacturer has stopped producing
22    products previously produced and sold in the State; and
23        (3) the milligrams per milliliter of nicotine in each
24    product the manufacturer produces.
25    A report submitted under this subsection is confidential,

 

 

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1and the Attorney General may not disclose it to another person.
2A manufacturer is not required to submit a report described
3under this subsection if the manufacturer submits to the
4Attorney General a certification, by October 1 of each year,
5that each of the manufacturer's vapor products sold in the
6State has been filed with the United States Food and Drug
7Administration.
8    (d) A manufacturer must annually provide the Attorney
9General with a list of the ingredients added in the
10manufacturing of electronic cigarettes.
 
11    Section 35. Violations.
12    (a) A person who, by himself or herself, by his or her
13employee or agent, or as the employee or agent of another
14person, violates any rule adopted under this Act for which a
15penalty is not otherwise specified shall be fined not less than
16$1,000 for the first offense, not less than $1,500 for a second
17offense, and not less than $2,500 for a third offense.
18     A person who, by himself or herself, by his or her
19employee or agent, or as the employee or agent of another
20person, commits a fourth or subsequent violation of any rule
21adopted under this Act for which a penalty is not otherwise
22specified is guilty of a Class 3 felony and subject to:
23        (1) a fine of not less than $1,000 and not more than
24    $10,000, or the total amount of any money gained for each
25    day on which a violation has been found, whichever is

 

 

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1    greater;
2        (2) imprisonment; or
3        (3) both.
4    (b) A violation of Section 15 or 25 of this Act constitutes
5an unlawful practice under the Consumer Fraud and Deceptive
6Business Practices Act.
 
7    Section 40. The Prevention of Tobacco Use by Persons under
821 Years of Age and Sale and Distribution of Tobacco Products
9Act is amended by changing Section 1 as follows:
 
10    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
11    Sec. 1. Prohibition on sale of tobacco products, electronic
12cigarettes, and alternative nicotine products to persons under
1321 years of age; prohibition on the distribution of tobacco
14product samples, electronic cigarette samples, and alternative
15nicotine product samples to any person; use of identification
16cards; vending machines; lunch wagons; out-of-package sales.
17    (a) No person under 21 years of age shall buy any tobacco
18product, electronic cigarette, or alternative nicotine
19product. No person shall sell, buy for, distribute samples of
20or furnish any tobacco product, electronic cigarette, or any
21alternative nicotine product to any person under 21 years of
22age.
23    (a-5) No person under 16 years of age may sell any tobacco
24product, electronic cigarette, or alternative nicotine product

 

 

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1at a retail establishment selling tobacco products, electronic
2cigarettes, or alternative nicotine products. This subsection
3does not apply to a sales clerk in a family-owned business
4which can prove that the sales clerk is in fact a son or
5daughter of the owner.
6    (a-5.1) Before selling, offering for sale, giving, or
7furnishing a tobacco product, electronic cigarette, or
8alternative nicotine product to another person, the person
9selling, offering for sale, giving, or furnishing the tobacco
10product, electronic cigarette, or alternative nicotine product
11shall verify that the person is at least 21 years of age by:
12        (1) examining from any person that appears to be under
13    30 years of age a government-issued photographic
14    identification that establishes the person to be 21 years
15    of age or older; or
16        (2) for sales of tobacco products, electronic
17    cigarettes, or alternative nicotine products made through
18    the Internet or other remote sales methods, performing an
19    age verification through an independent, third party age
20    verification service that compares information available
21    from public records to the personal information entered by
22    the person during the ordering process that establishes the
23    person is 21 years of age or older.
24    (a-6) No person under 21 years of age in the furtherance or
25facilitation of obtaining any tobacco product, electronic
26cigarette, or alternative nicotine product shall display or use

 

 

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1a false or forged identification card or transfer, alter, or
2deface an identification card.
3    (a-7) (Blank).
4    (a-8) A person shall not distribute without charge samples
5of any tobacco product to any other person, regardless of age,
6except for smokeless tobacco in an adult-only facility.
7    This subsection (a-8) does not apply to the distribution of
8a tobacco product, electronic cigarette, or alternative
9nicotine product sample in any adult-only facility.
10    (a-9) For the purpose of this Section:
11        "Adult-only facility" means a facility or restricted
12    area (whether open-air or enclosed) where the operator
13    ensures or has a reasonable basis to believe (such as by
14    checking identification as required under State law, or by
15    checking the identification of any person appearing to be
16    under the age of 30) that no person under legal age is
17    present. A facility or restricted area need not be
18    permanently restricted to persons under 21 years of age to
19    constitute an adult-only facility, provided that the
20    operator ensures or has a reasonable basis to believe that
21    no person under 21 years of age is present during the event
22    or time period in question.
23        "Alternative nicotine product" means a product or
24    device not consisting of or containing tobacco that
25    provides for the ingestion into the body of nicotine,
26    whether by chewing, smoking, absorbing, dissolving,

 

 

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1    inhaling, snorting, sniffing, or by any other means.
2    "Alternative nicotine product" does not include:
3    cigarettes as defined in Section 1 of the Cigarette Tax Act
4    and tobacco products as defined in Section 10-5 of the
5    Tobacco Products Tax Act of 1995; tobacco product and
6    electronic cigarette as defined in this Section; or any
7    product approved by the United States Food and Drug
8    Administration for sale as a tobacco cessation product, as
9    a tobacco dependence product, or for other medical
10    purposes, and is being marketed and sold solely for that
11    approved purpose.
12        "Electronic cigarette" means:
13            (1) any device that employs a battery or other
14        mechanism to heat a solution or substance to produce a
15        vapor or aerosol intended for inhalation;
16            (2) any cartridge or container of a solution or
17        substance intended to be used with or in the device or
18        to refill the device; or
19            (3) any solution or substance, whether or not it
20        contains nicotine intended for use in the device.
21        "Electronic cigarette" includes, but is not limited
22    to, any electronic nicotine delivery system, electronic
23    cigar, electronic cigarillo, electronic pipe, electronic
24    hookah, vape pen, or similar product or device, and any
25    components or parts that can be used to build the product
26    or device. "Electronic cigarette" does not include:

 

 

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1    cigarettes as defined in Section 1 of the Cigarette Tax Act
2    and tobacco products as defined in Section 10-5 of the
3    Tobacco Products Tax Act of 1995; tobacco product and
4    alternative nicotine product as defined in this Section;
5    any product approved by the United States Food and Drug
6    Administration for sale as a tobacco cessation product, as
7    a tobacco dependence product, or for other medical
8    purposes, and is being marketed and sold solely for that
9    approved purpose; any asthma inhaler prescribed by a
10    physician for that condition and is being marketed and sold
11    solely for that approved purpose; or any therapeutic
12    product approved for use under the Compassionate Use of
13    Medical Cannabis Pilot Program Act.
14        "Listed or nondiscounted price" means the price listed
15    for an electronic cigarette on its package or on any
16    related shelving, posting, advertising, or display at the
17    location where the electronic cigarette is sold or offered
18    for sale to consumers, including all applicable taxes.
19        "Lunch wagon" means a mobile vehicle designed and
20    constructed to transport food and from which food is sold
21    to the general public.
22        "Nicotine" means any form of the chemical nicotine,
23    including any salt or complex, regardless of whether the
24    chemical is naturally or synthetically derived.
25        "Price reduction instrument" means any coupon,
26    voucher, rebate, card, paper, note, form, statement,

 

 

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1    ticket, image, or other issue whether in paper, digital, or
2    other form used for commercial purposes to receive an
3    article, product, service, or accommodation without charge
4    or for less than the listed or nondiscounted price.
5        "Tobacco product" means any product containing or made
6    from tobacco that is intended for human consumption,
7    whether smoked, heated, chewed, absorbed, dissolved,
8    inhaled, snorted, sniffed, or ingested by any other means,
9    including, but not limited to, cigarettes, cigars, little
10    cigars, chewing tobacco, pipe tobacco, snuff, snus, and any
11    other smokeless tobacco product which contains tobacco
12    that is finely cut, ground, powdered, or leaf and intended
13    to be placed in the oral cavity. "Tobacco product" includes
14    any component, part, or accessory of a tobacco product,
15    whether or not sold separately. "Tobacco product" does not
16    include: an electronic cigarette and alternative nicotine
17    product as defined in this Section; or any product that has
18    been approved by the United States Food and Drug
19    Administration for sale as a tobacco cessation product, as
20    a tobacco dependence product, or for other medical
21    purposes, and is being marketed and sold solely for that
22    approved purpose.
23    (b) Tobacco products, electronic cigarettes, and
24alternative nicotine products may be sold through a vending
25machine only if such tobacco products, electronic cigarettes,
26and alternative nicotine products are not placed together with

 

 

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1any non-tobacco product, other than matches, in the vending
2machine and the vending machine is in any of the following
3locations:
4        (1) (Blank).
5        (2) Places to which persons under 21 years of age are
6    not permitted access at any time.
7        (3) Places where alcoholic beverages are sold and
8    consumed on the premises and vending machine operation is
9    under the direct supervision of the owner or manager.
10        (4) (Blank).
11        (5) (Blank).
12    (c) (Blank).
13    (d) The sale or distribution by any person of a tobacco
14product as defined in this Section, including but not limited
15to a single or loose cigarette, that is not contained within a
16sealed container, pack, or package as provided by the
17manufacturer, which container, pack, or package bears the
18health warning required by federal law, is prohibited.
19    (e) It is not a violation of this Act for a person under 21
20years of age to purchase a tobacco product, electronic
21cigarette, or alternative nicotine product if the person under
22the age of 21 purchases or is given the tobacco product,
23electronic cigarette, or alternative nicotine product in any of
24its forms from a retail seller of tobacco products, electronic
25cigarettes, or alternative nicotine products or an employee of
26the retail seller pursuant to a plan or action to investigate,

 

 

SB3699- 17 -LRB101 17378 CPF 70216 b

1patrol, or otherwise conduct a "sting operation" or enforcement
2action against a retail seller of tobacco products, electronic
3cigarettes, or alternative nicotine products or a person
4employed by the retail seller of tobacco products, electronic
5cigarettes, or alternative nicotine products or on any premises
6authorized to sell tobacco products, electronic cigarettes, or
7alternative nicotine products to determine if tobacco
8products, electronic cigarettes, or alternative nicotine
9products are being sold or given to persons under 21 years of
10age if the "sting operation" or enforcement action is approved
11by, conducted by, or conducted on behalf of the Department of
12State Police, the county sheriff, a municipal police
13department, the Department of Revenue, the Department of Public
14Health, or a local health department. The results of any sting
15operation or enforcement action, including the name of the
16clerk, shall be provided to the retail seller within 7 business
17days.
18    (f) No person shall:
19        (1) honor or accept a price reduction instrument in any
20    transaction related to the sale of electronic cigarettes to
21    a consumer;
22        (2) sell or offer for sale an electronic cigarette to a
23    consumer through a multi-package discount or otherwise
24    provide to a consumer any electronic cigarette for less
25    than the listed or nondiscounted price in exchange for the
26    purchase of any other electronic cigarette by the consumer;

 

 

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1        (3) sell, offer for sale, or otherwise provide any
2    product other than electronic cigarettes to a consumer for
3    less than the listed or nondiscounted price in exchange for
4    the purchase of electronic cigarettes by the consumer; or
5        (4) sell, offer for sale, or otherwise provide
6    electronic cigarettes to a consumer for less than the
7    listed nondiscounted price.
8    (g) Any peace officer or duly authorized member of the
9Department of Revenue or the Department of Public Health, upon
10discovering a violation of subsection (a), (a-5), (a-5.1),
11(a-8), (b), or (d) of this Section, may seize any tobacco
12products or electronic cigarettes of the type involved in that
13violation that are located at that place of business. The
14tobacco products or electronic cigarettes so seized are subject
15to confiscation and forfeiture.
16    (h) If, within 60 days after any seizure under subsection
17(g), a person having any property interest in the seized
18property is charged with an offense under this Section, the
19court that renders judgment upon the charge shall, within 30
20days after the judgment, conduct a forfeiture hearing to
21determine whether the seized tobacco products or electronic
22cigarettes were part of the inventory located at the place of
23business when a violation of subsection (a), (a-5), (a-5.1),
24(a-8), (b), or (d) of this Section occurred and whether any
25seized tobacco products or electronic cigarettes were of a type
26involved in that violation. The hearing shall be commenced by a

 

 

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1written petition by the State, which shall include material
2allegations of fact, the name and address of every person
3determined by the State to have any property interest in the
4seized property, a representation that written notice of the
5date, time, and place of the hearing has been mailed to every
6such person by certified mail at least 10 days before the date,
7and a request for forfeiture. Every such person may appear as a
8party and present evidence at the hearing. The quantum of proof
9required shall be a preponderance of the evidence, and the
10burden of proof shall be on the State. If the court determines
11that the seized property was subject to forfeiture, an order of
12forfeiture and disposition of the seized property shall be
13entered and the property shall be received by the State's
14Attorney, who shall affect its destruction.
15    (i) If a seizure under subsection (g) is not followed by a
16charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or (d)
17of this Section, or if the prosecution of the charge is
18permanently terminated or indefinitely discontinued without
19any judgment of conviction or acquittal:
20        (1) the State's Attorney may commence in the circuit
21    court an in rem proceeding for the forfeiture and
22    destruction of any seized tobacco products or electronic
23    cigarettes; and
24        (2) any person having any property interest in the
25    seized tobacco products or electronic cigarettes may
26    commence separate civil proceedings in the manner provided

 

 

SB3699- 20 -LRB101 17378 CPF 70216 b

1    by law.
2(Source: P.A. 101-2, eff. 7-1-19.)
 
3    Section 45. The Prevention of Cigarette Sales to Persons
4under 21 Years of Age Act is amended by changing Sections 1, 2,
55, 6, 7, 8, 9, 10, and 20 as follows:
 
6    (720 ILCS 678/1)
7    Sec. 1. Short title. This Act may be cited as the
8Prevention of Cigarette and Electronic Cigarette Sales to
9Persons under 21 Years of Age Act.
10(Source: P.A. 101-2, eff. 7-1-19.)
 
11    (720 ILCS 678/2)
12    Sec. 2. Definitions. For the purpose of this Act:
13    "Cigarette", when used in this Act, means any roll for
14smoking made wholly or in part of tobacco irrespective of size
15or shape and whether or not the tobacco is flavored,
16adulterated, or mixed with any other ingredient, and the
17wrapper or cover of which is made of paper or any other
18substance or material except whole leaf tobacco.
19    "Clear and conspicuous statement" means the statement is of
20sufficient type size to be clearly readable by the recipient of
21the communication.
22    "Consumer" means an individual who acquires or seeks to
23acquire cigarettes or electronic cigarettes for personal use.

 

 

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1    "Delivery sale" means any sale of cigarettes or electronic
2cigarettes to a consumer if:
3        (a) the consumer submits the order for such sale by
4    means of a telephone or other method of voice transmission,
5    the mails, or the Internet or other online service, or the
6    seller is otherwise not in the physical presence of the
7    buyer when the request for purchase or order is made; or
8        (b) the cigarettes or electronic cigarettes are
9    delivered by use of a common carrier, private delivery
10    service, or the mails, or the seller is not in the physical
11    presence of the buyer when the buyer obtains possession of
12    the cigarettes or electronic cigarettes.
13    "Delivery service" means any person (other than a person
14that makes a delivery sale) who delivers to the consumer the
15cigarettes or electronic cigarettes sold in a delivery sale.
16    "Department" means the Department of Revenue.
17    "Electronic cigarette" means:
18        (1) any device that employs a battery or other
19    mechanism to heat a solution or substance to produce a
20    vapor or aerosol intended for inhalation;
21        (2) any cartridge or container of a solution or
22    substance intended to be used with or in the device or to
23    refill the device; or
24        (3) any solution or substance, whether or not it
25    contains nicotine, intended for use in the device.
26    "Electronic cigarette" includes, but is not limited to, any

 

 

SB3699- 22 -LRB101 17378 CPF 70216 b

1electronic nicotine delivery system, electronic cigar,
2electronic cigarillo, electronic pipe, electronic hookah, vape
3pen, or similar product or device, and any component or part
4that can be used to build the product or device. "Electronic
5cigarette" does not include: cigarettes, as defined in Section
61 of the Cigarette Tax Act; any product approved by the United
7States Food and Drug Administration for sale as a tobacco
8cessation product, a tobacco dependence product, or for other
9medical purposes that is marketed and sold solely for that
10approved purpose; any asthma inhaler prescribed by a physician
11for that condition that is marketed and sold solely for that
12approved purpose; or any therapeutic product approved for use
13under the Compassionate Use of Medical Cannabis Program Act.
14    "Government-issued identification" means a State driver's
15license, State identification card, passport, a military
16identification or an official naturalization or immigration
17document, such as an alien registration recipient card
18(commonly known as a "green card") or an immigrant visa.
19    "Mails" or "mailing" mean the shipment of cigarettes or
20electronic cigarettes through the United States Postal
21Service.
22    "Out-of-state sale" means a sale of cigarettes or
23electronic cigarettes to a consumer located outside of this
24State where the consumer submits the order for such sale by
25means of a telephonic or other method of voice transmission,
26the mails or any other delivery service, facsimile

 

 

SB3699- 23 -LRB101 17378 CPF 70216 b

1transmission, or the Internet or other online service and where
2the cigarettes or electronic cigarettes are delivered by use of
3the mails or other delivery service.
4    "Person" means any individual, corporation, partnership,
5limited liability company, association, or other organization
6that engages in any for-profit or not-for-profit activities.
7    "Shipping package" means a container in which packs or
8cartons of cigarettes or electronic cigarettes are shipped in
9connection with a delivery sale.
10    "Shipping documents" means bills of lading, air bills, or
11any other documents used to evidence the undertaking by a
12delivery service to deliver letters, packages, or other
13containers.
14(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
15    (720 ILCS 678/5)
16    Sec. 5. Unlawful shipment or transportation of cigarettes
17or electronic cigarettes.
18    (a) It is unlawful for any person engaged in the business
19of selling cigarettes or electronic cigarettes to ship or cause
20to be shipped any cigarettes electronic cigarettes unless the
21person shipping the cigarettes or electronic cigarettes:
22        (1) is licensed as a distributor under either the
23    Cigarette Tax Act, or the Cigarette Use Tax Act, or the
24    Tobacco Products Tax Act of 1995; or delivers the
25    cigarettes or electronic cigarettes to a distributor

 

 

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1    licensed under either the Cigarette Tax Act, or the
2    Cigarette Use Tax Act, or the Tobacco Products Tax Act of
3    1995; or
4        (2) ships them to an export warehouse proprietor
5    pursuant to Chapter 52 of the Internal Revenue Code, or an
6    operator of a customs bonded warehouse pursuant to Section
7    1311 or 1555 of Title 19 of the United States Code.
8    For purposes of this subsection (a), a person is a licensed
9distributor if the person's name appears on a list of licensed
10distributors published by the Illinois Department of Revenue.
11The term cigarette has the same meaning as defined in Section 1
12of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax
13Act. Nothing in this Act prohibits a person licensed as a
14distributor under the Cigarette Tax Act, or the Cigarette Use
15Tax Act, or the Tobacco Products Tax Act of 1995 from shipping
16or causing to be shipped any cigarettes or electronic
17cigarettes to a registered retailer under the Retailers'
18Occupation Tax Act provided the cigarette tax, or cigarette use
19tax, or tobacco product tax has been paid.
20    (b) A common or contract carrier may transport cigarettes
21or electronic cigarettes to any individual person in this State
22only if the carrier reasonably believes such cigarettes or
23electronic cigarettes have been received from a person
24described in paragraph (a)(1). Common or contract carriers may
25make deliveries of cigarettes or electronic cigarettes to
26licensed distributors described in paragraph (a)(1) of this

 

 

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1Section. Nothing in this subsection (b) shall be construed to
2prohibit a person other than a common or contract carrier from
3transporting not more than 1,000 cigarettes at any one time to
4any person in this State.
5    (c) A common or contract carrier may not complete the
6delivery of any cigarettes or electronic cigarettes to persons
7other than those described in paragraph (a)(1) of this Section
8without first obtaining from the purchaser an official written
9identification from any state or federal agency that displays
10the person's date of birth or a birth certificate that includes
11a reliable confirmation that the purchaser is at least 21 years
12of age; that the cigarettes or electronic cigarettes purchased
13are not intended for consumption by an individual who is
14younger than 21 years of age; and a written statement signed by
15the purchaser that certifies the purchaser's address and that
16the purchaser is at least 21 years of age. The statement shall
17also confirm: (1) that the purchaser understands that signing
18another person's name to the certification is illegal; (2) that
19the sale of cigarettes to individuals under 21 years of age is
20illegal; and (3) that the purchase of cigarettes by individuals
21under 21 years of age is illegal under the laws of Illinois.
22    (d) When a person engaged in the business of selling
23cigarettes or electronic cigarettes ships or causes to be
24shipped any cigarettes or electronic cigarettes to any person
25in this State, other than in the cigarette or electronic
26cigarette manufacturer's or tobacco products manufacturer's

 

 

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1original container or wrapping, the container or wrapping must
2be plainly and visibly marked with the word "cigarettes" or
3"electronic cigarettes".
4    (e) When a peace officer of this State or any duly
5authorized officer or employee of the Illinois Department of
6Public Health or Department of Revenue discovers any cigarettes
7or electronic cigarettes which have been or which are being
8shipped or transported in violation of this Section, he or she
9shall seize and take possession of the cigarettes or electronic
10cigarettes, and the cigarettes or electronic cigarettes shall
11be subject to a forfeiture action pursuant to the procedures
12provided under the Cigarette Tax Act, or Cigarette Use Tax Act,
13or Tobacco Products Tax Act of 1995.
14(Source: P.A. 101-2, eff. 7-1-19.)
 
15    (720 ILCS 678/6)
16    Sec. 6. Prevention of delivery sales to persons under 21
17years of age.
18    (a) No person shall make a delivery sale of cigarettes or
19electronic cigarettes to any individual who is under 21 years
20of age.
21    (b) Each person accepting a purchase order for a delivery
22sale shall comply with the provisions of this Act and all other
23laws of this State generally applicable to sales of cigarettes
24or electronic cigarettes that occur entirely within this State.
25(Source: P.A. 101-2, eff. 7-1-19.)
 

 

 

SB3699- 27 -LRB101 17378 CPF 70216 b

1    (720 ILCS 678/7)
2    Sec. 7. Age verification and shipping requirements to
3prevent delivery sales to persons under 21 years of age.
4    (a) No person, other than a delivery service, shall mail,
5ship, or otherwise cause to be delivered a shipping package in
6connection with a delivery sale unless the person:
7        (1) prior to the first delivery sale to the prospective
8    consumer, obtains from the prospective consumer a written
9    certification which includes a statement signed by the
10    prospective consumer that certifies:
11            (A) the prospective consumer's current address;
12        and
13            (B) that the prospective consumer is at least the
14        legal minimum age;
15        (2) informs, in writing, such prospective consumer
16    that:
17            (A) the signing of another person's name to the
18        certification described in this Section is illegal;
19            (B) sales of cigarettes or electronic cigarettes
20        to individuals under 21 years of age are illegal;
21            (C) the purchase of cigarettes or electronic
22        cigarettes by individuals under 21 years of age is
23        illegal; and
24            (D) the name and identity of the prospective
25        consumer may be reported to the state of the consumer's

 

 

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1        current address under the Act of October 19, 1949 (15
2        U.S.C. § 375, et seq.), commonly known as the Jenkins
3        Act;
4        (3) makes a good faith effort to verify the date of
5    birth of the prospective consumer provided pursuant to this
6    Section by:
7            (A) comparing the date of birth against a
8        commercially available database; or
9            (B) obtaining a photocopy or other image of a
10        valid, government-issued identification stating the
11        date of birth or age of the prospective consumer;
12        (4) provides to the prospective consumer a notice that
13    meets the requirements of subsection (b);
14        (5) receives payment for the delivery sale from the
15    prospective consumer by a credit or debit card that has
16    been issued in such consumer's name, or by a check or other
17    written instrument in such consumer's name; however, no
18    money order or cash payment shall be received or permitted
19    and the seller shall submit to each credit card acquiring
20    company with which it has credit card sales identification
21    information in an appropriate form and format so that the
22    words "tobacco product" may be printed in the purchaser's
23    credit card statement when a purchase of a cigarette or
24    electronic cigarette is made by credit card payment; and
25        (6) ensures that the shipping package is delivered to
26    the same address as is shown on the government-issued

 

 

SB3699- 29 -LRB101 17378 CPF 70216 b

1    identification or contained in the commercially available
2    database. No delivery described under this Section shall be
3    permitted to any post office box.
4    (b) The notice required under this Section shall include:
5        (1) a statement that cigarette and electronic
6    cigarette sales to consumers below 21 years of age are
7    illegal;
8        (2) a statement that sales of cigarettes and electronic
9    cigarettes are restricted to those consumers who provide
10    verifiable proof of age in accordance with subsection (a);
11        (3) a statement that cigarette or electronic cigarette
12    sales are subject to tax under Section 2 of the Cigarette
13    Tax Act (35 ILCS 130/2), Section 2 of the Cigarette Use Tax
14    Act, and Section 3 of the Use Tax Act, and Section 10-10 of
15    the Tobacco Products Tax Act of 1995 and an explanation of
16    how the correct tax has been, or is to be, paid with
17    respect to such delivery sale.
18    (c) A statement meets the requirement of this Section if:
19        (1) the statement is clear and conspicuous;
20        (2) the statement is contained in a printed box set
21    apart from the other contents of the communication;
22        (3) the statement is printed in bold, capital letters;
23        (4) the statement is printed with a degree of color
24    contrast between the background and the printed statement
25    that is no less than the color contrast between the
26    background and the largest text used in the communication;

 

 

SB3699- 30 -LRB101 17378 CPF 70216 b

1    and
2        (5) for any printed material delivered by electronic
3    means, the statement appears at both the top and the bottom
4    of the electronic mail message or both the top and the
5    bottom of the Internet website homepage.
6    (d) Each person, other than a delivery service, who mails,
7ships, or otherwise causes to be delivered a shipping package
8in connection with a delivery sale shall:
9        (1) include as part of the shipping documents a clear
10    and conspicuous statement stating: "Cigarettes or
11    Electronic Cigarettes: Illinois Law Prohibits Shipping to
12    Individuals Under 21 and Requires the Payment of All
13    Applicable Taxes";
14        (2) use a method of mailing, shipping, or delivery that
15    requires a signature before the shipping package is
16    released to the consumer; and
17        (3) ensure that the shipping package is not delivered
18    to any post office box.
19(Source: P.A. 101-2, eff. 7-1-19; revised 4-29-19.)
 
20    (720 ILCS 678/8)
21    Sec. 8. Registration and reporting requirements to prevent
22delivery sales to persons under 21 years of age.
23    (a) Not later than the 15th day of each month, each person
24making a delivery sale during the previous calendar month shall
25file a report with the Department containing the following

 

 

SB3699- 31 -LRB101 17378 CPF 70216 b

1information:
2        (1) the seller's name, trade name, and the address of
3    such person's principal place of business and any other
4    place of business;
5        (2) the name and address of the consumer to whom such
6    delivery sale was made;
7        (3) the brand style or brand styles of the cigarettes
8    or electronic cigarettes that were sold in such delivery
9    sale;
10        (4) the quantity of cigarettes or electronic
11    cigarettes that were sold in such delivery sale;
12        (5) an indication of whether or not the cigarettes or
13    electronic cigarettes sold in the delivery sale bore a tax
14    stamp evidencing payment of the tax under Section 2 of the
15    Cigarette Tax Act (35 ILCS 130/2); and
16        (6) such other information the Department may require.
17    (b) Each person engaged in business within this State who
18makes an out-of-state sale shall, for each individual sale,
19submit to the appropriate tax official of the state in which
20the consumer is located the information required in subsection
21(a).
22    (c) Any person that satisfies the requirements of 15 U.S.C.
23Section 376 shall be deemed to satisfy the requirements of
24subsections (a) and (b).
25    (d) The Department is authorized to disclose to the
26Attorney General any information received under this title and

 

 

SB3699- 32 -LRB101 17378 CPF 70216 b

1requested by the Attorney General. The Department and the
2Attorney General shall share with each other the information
3received under this title and may share the information with
4other federal, State, or local agencies for purposes of
5enforcement of this title or the laws of the federal government
6or of other states.
7    (e) This Section shall not be construed to impose liability
8upon any delivery service, or officers or employees thereof,
9when acting within the scope of business of the delivery
10service.
11    (f) The Department may establish procedures requiring
12electronic transmission of the information required by this
13Section directly to the Department on forms prescribed and
14furnished by the Department.
15(Source: P.A. 101-2, eff. 7-1-19.)
 
16    (720 ILCS 678/9)
17    Sec. 9. Statements for delivery sales.
18    (a) Each person who makes a delivery sale shall collect and
19remit to the Department all excise taxes imposed by this State
20with respect to such delivery sale and maintain evidence of
21such payment unless the person is located outside the State and
22includes a statement on the outside of the shipping package
23stating: "Illinois law requires the payment of state taxes on
24this shipment of cigarettes or electronic cigarettes. You are
25legally responsible for all applicable unpaid state taxes on

 

 

SB3699- 33 -LRB101 17378 CPF 70216 b

1these cigarettes or electronic cigarettes."
2    (b) A statement meets the requirements of subsection (a) if
3the statement is:
4        (1) clear and conspicuous;
5        (2) contained in a printed box set apart from the
6    shipping label and other markings contained on the shipping
7    package;
8        (3) printed in bold, capital letters;
9        (4) printed with a degree of color contrast between the
10    background and the printed statement that is no less than
11    the color contrast between the background and the largest
12    text used on the shipping label; and
13        (5) located on the same side of the shipping package as
14    the shipping label.
15(Source: P.A. 95-1053, eff. 1-1-10.)
 
16    (720 ILCS 678/10)
17    Sec. 10. Violation.
18    (a) A person who violates subsection (a), (b), or (c) of
19Section 5 or Section 6, 7, 8, or 9 is guilty of a Class A
20misdemeanor. A second or subsequent violation of subsection
21(a), (b), or (c) of Section 5 or Section 6, 7, 8, or 9 is a
22Class 4 felony.
23    (b) The Department of Revenue shall impose a civil penalty
24not to exceed $5,000 on any person who violates subsection (a),
25(b), or (c) of Section 5 or Section 6, 7, 8, or 9. The

 

 

SB3699- 34 -LRB101 17378 CPF 70216 b

1Department of Revenue shall impose a civil penalty not to
2exceed $5,000 on any person engaged in the business of selling
3cigarettes or electronic cigarettes who ships or causes to be
4shipped any such cigarettes or electronic cigarettes to any
5person in this State in violation of subsection (d) of Section
65. Civil penalties imposed and collected by the Department
7shall be deposited into the Tax Compliance and Administration
8Fund.
9    (c) All cigarettes or electronic cigarettes sold or
10attempted to be sold in a delivery sale that does not meet the
11requirements of this Act shall be forfeited to the State. All
12cigarettes or electronic cigarettes forfeited to this State
13under this Act shall be destroyed or maintained and used in an
14undercover capacity. The Department may, prior to any
15destruction of cigarettes or electronic cigarettes, permit the
16true holder of the trademark rights in the cigarette or
17electronic cigarette brand to inspect such contraband
18cigarettes or electronic cigarettes, in order to assist the
19Department in any investigation regarding such cigarettes or
20electronic cigarettes.
21    (d) Any person aggrieved by any decision of the Department
22of Revenue may, within 60 days after notice of that decision,
23protest in writing and request a hearing. The Department of
24Revenue shall give notice to the person of the time and place
25for the hearing and shall hold a hearing before it issues a
26final administrative decision. Absent a written protest within

 

 

SB3699- 35 -LRB101 17378 CPF 70216 b

160 days, the Department's decision shall become final without
2any further determination made or notice given.
3    (e) The penalties provided for in this Section are in
4addition to any other penalties provided for by law.
5(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
6    (720 ILCS 678/20)
7    Sec. 20. Tip line.
8    (a) Not later than 120 days after the effective date of
9this amendatory Act of the 95th General Assembly, the
10Department shall establish, publicize, and maintain a
11toll-free telephone number to receive information related to
12the sale and delivery of contraband cigarettes or electronic
13cigarettes.
14    (b) The Attorney General may pay a reward of up to $5,000
15to any person who furnishes information leading to the
16Department's collection of excise taxes imposed upon delivery
17sales which otherwise would not have been collected but for the
18information provided by the person.
19(Source: P.A. 95-1053, eff. 1-1-10.)
 
20    Section 97. Severability. If any provision of this Act or
21its application to any person or circumstance is held invalid,
22the invalidity of that provision or application does not affect
23other provisions or applications of this Act that can be given
24effect without the invalid provision or application.
 

 

 

SB3699- 36 -LRB101 17378 CPF 70216 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.

 

 

SB3699- 37 -LRB101 17378 CPF 70216 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    720 ILCS 675/1from Ch. 23, par. 2357
5    720 ILCS 678/1
6    720 ILCS 678/2
7    720 ILCS 678/5
8    720 ILCS 678/6
9    720 ILCS 678/7
10    720 ILCS 678/8
11    720 ILCS 678/9
12    720 ILCS 678/10
13    720 ILCS 678/20