102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2579

 

Introduced 2/19/2021, by Rep. Mike Murphy

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 675/1  from Ch. 23, par. 2357
720 ILCS 675/2  from Ch. 23, par. 2358

    Creates the Electronic Cigarette Youth Protection Act. Provides that a person who sells an electronic cigarette without a proper license under the Tobacco Products Tax Act of 1995 shall be subject to specified additional civil penalties. Prohibits manufacturers, distributors, or retailers of electronic cigarettes from selling, offering for sale, or distributing any electronic cigarette with labeling or packaging intended to be attractive to persons under 21 years of age and provides criteria to determine whether packaging or labeling is attractive to such persons. Requires all labeling and packaging of electronic cigarettes to include nicotine warning statements. Provides that manufacturers, distributors, or retailers of electronic cigarettes shall not sell, advertise, or market an electronic cigarette unless specified conditions have been met. Prohibits: (1) electronic cigarettes from containing more than 25 milligrams per milliliter of nicotine; and (2) vitamin E acetate from being added to a flavored solution or substance intended for use with an electronic cigarette. Prohibits a retailer serving persons under 21 years of age from selling a flavored solution or substance intended for use with an electronic cigarette. Requires a retailer to perform age verification. Provides that failure to comply with the Act's requirements or prohibitions is punishable by a civil penalty. Provides that specified provisions do not apply to any noncommercial speech. Requires moneys collected from civil penalties to be deposited into the Common School Fund. Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that no person under 21 years of age shall possess any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms. Provides penalties for violations. Effective immediately.


LRB102 10685 RLC 16014 b

 

 

A BILL FOR

 

HB2579LRB102 10685 RLC 16014 b

1    AN ACT concerning regulation.
 
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
5Electronic Cigarette Youth Protection Act.
 
6    Section 5. Definitions. In this Act:
7    "Adult-only retail location" means a facility that is
8licensed to sell electronic cigarettes as a retailer under the
9Tobacco Products Tax Act of 1995 and that does not allow a
10minor to enter the premises.
11    "Advertise" means the publication or dissemination of an
12advertisement.
13    "Advertisement" means any written or verbal statement,
14illustration, or depiction that is calculated to induce sales
15of electronic cigarettes, including any written, printed,
16graphic, or other material, billboard, sign, or other outdoor
17display, public transit card, other periodical literature,
18publication, or in a radio or television broadcast, or in any
19other media. "Advertisement" does not include:
20        (1) Any label affixed to any electronic cigarette, or
21    any individual covering, carton, or other wrapper of such
22    container that constitutes a part of the labeling.
23        (2) Any editorial or other reading material, such as a

 

 

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1    news release, in any periodical, publication, or newspaper
2    for the publication of which no money or valuable
3    consideration is paid or promised, directly or indirectly,
4    by any licensee under the Tobacco Products Tax Act of
5    1995, and which is not written by or at the direction of
6    the licensee.
7    "Advertising sign" means any sign, poster, display,
8billboard, or any other stationary or permanently affixed
9advertisement promoting the sale of electronic cigarettes
10which are not manufactured, distributed, or sold on the same
11lot.
12    "Alternative nicotine product" means a product or device
13not consisting of or containing tobacco that provides for the
14ingestion into the body of nicotine, whether by chewing,
15smoking, absorbing, dissolving, inhaling, snorting, sniffing,
16or by any other means. "Alternative nicotine product" does not
17include: a cigarette as defined in Section 1 of the Cigarette
18Tax Act or a tobacco product as defined in Section 10-5 of the
19Tobacco Products Tax Act of 1995; a tobacco product or
20electronic cigarette as defined in this Section; or any
21product approved by the United States Food and Drug
22Administration for sale as a tobacco cessation product, as a
23tobacco dependence product, or for other medical purposes, and
24marketed and sold solely for that approved purpose.
25    "Characterizing flavor" means a distinguishable taste or
26aroma, other than the taste or aroma of tobacco, including,

 

 

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1but not limited to, any fruit, chocolate, vanilla, honey,
2candy, cocoa, dessert, alcoholic beverage, herb, or spice
3flavoring. A tobacco product, related tobacco product,
4alternative nicotine product, or solution or substance
5intended for use with electronic cigarettes or any component
6part of a tobacco product, related tobacco product,
7alternative nicotine product, or solution or substance
8intended for use with electronic cigarettes shall not be
9construed as having a characterizing flavor based solely on
10the use of trace additives or flavorings or the provision of
11ingredient information.
12    "Department" means the Department of Human Services.
13    "Distributor" has the same meaning ascribed to it in
14Section 10-5 of the Tobacco Products Tax Act of 1995.
15    "Electronic cigarette" means:
16        (1) any device that employs a battery or other
17    mechanism to heat a solution or substance to produce a
18    vapor or aerosol intended for inhalation;
19        (2) any cartridge or container of a solution or
20    substance intended to be used with or in the device or to
21    refill the device; or
22        (3) any solution or substance, whether or not it
23    contains nicotine, intended for use in the device.
24    "Electronic cigarette" includes, but is not limited to,
25any electronic nicotine delivery system, electronic cigar,
26electronic cigarillo, electronic pipe, electronic hookah, vape

 

 

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1pen, or similar product or device, and any components or parts
2that can be used to build the product or device. "Electronic
3cigarette" does not include: a cigarette as defined in Section
41 of the Cigarette Tax Act; a tobacco product, related tobacco
5product, and alternative nicotine product as defined in this
6Section; any product approved by the United States Food and
7Drug Administration for sale as a tobacco cessation product,
8as a tobacco dependence product, or for other medical
9purposes, and marketed and sold solely for that approved
10purpose; any asthma inhaler prescribed by a physician for that
11condition and marketed and sold solely for that approved
12purpose; or any therapeutic product approved for use under the
13Compassionate Use of Medical Cannabis Program Act.
14    "Flavored alternative nicotine product" means any
15alternative nicotine product that contains a natural or
16artificial constituent or additive that imparts a
17characterizing flavor.
18    "Flavored related tobacco product" means any related
19tobacco product that contains a natural or artificial
20constituent or additive that imparts a characterizing flavor.
21    "Flavored solution or substance intended for use with
22electronic cigarettes" means any solution or substance
23intended for use with electronic cigarettes that contains a
24natural or artificial constituent or additive that imparts a
25characterizing flavor.
26    Health-related statement" means any statement related to

 

 

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1health, and includes statements of a curative or therapeutic
2nature that, expressly or by implication, suggest a
3relationship between the consumption of electronic cigarettes
4and health benefits or effects on health.
5    "Manufacturer" has the same meaning ascribed to it in
6Section 10-5 of the Tobacco Products Tax Act of 1995.
7    "Market" or "marketing" means any act or process of
8promoting or selling electronic cigarettes, including, but not
9limited to, sponsorship of sporting events, point-of-sale
10advertising, and development of products specifically designed
11to appeal to persons under 21 years of age.
12    "Related tobacco product" means any product intended for
13or traditionally used with tobacco, including, but not limited
14to, papers, wraps, tubes, or filters. A product of a type that
15has in the past been used in conjunction with tobacco or
16nicotine use will be deemed a "related tobacco product"
17regardless of any labeling or descriptive language on such
18product stating that the product is not intended for use with
19tobacco or for non-tobacco use only or other similar language.
20    "Retailer" has the same meaning ascribed to it in Section
2110-5 of the Tobacco Products Tax Act of 1995.
 
22    Section 10. Sale of electronic cigarettes without a
23license.
24    (a) Any person who sells an electronic cigarette without a
25proper license under the Tobacco Products Tax Act of 1995

 

 

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1shall be subject to the following penalties:
2        (1) For a first violation, a civil penalty of not less
3    than $2,500 and not to exceed $5,000.
4        (2) For a second violation, a civil penalty of more
5    than $5,000 and not to exceed $10,000.
6        (3) For a third or subsequent violation, a civil
7    penalty of $10,000.
8    (b) Any violation of this Section that occurs on school
9property shall be considered an aggravating factor and shall,
10at a minimum, double the penalties provided under paragraphs
11(1) through (3) of subsection (a) of this Section.
12    (c) The penalties under this Section are in addition to
13any other penalty imposed under Illinois law. Moneys collected
14from the civil penalties imposed under this Section shall be
15deposited into the Common School Fund.
 
16    Section 15. Marketing, labeling, and advertisement of
17electronic cigarettes.
18    (a) A manufacturer, distributor, or retailer of electronic
19cigarettes shall not sell, offer for sale, or distribute any
20electronic cigarette with labeling or packaging intended to be
21attractive to persons under 21 years of age. Labeling or
22packaging of an electronic cigarette is attractive to persons
23under 21 years of age if it uses packaging or labeling that:
24        (1) is false or misleading;
25        (2) promotes overconsumption of electronic cigarettes;

 

 

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1        (3) depicts the actual consumption of an electronic
2    cigarette by a person 21 years of age or older
3        (4) depicts a person under 21 years of age consuming
4    an electronic cigarette;
5        (5) makes any health, medicinal, or therapeutic claims
6    about electronic cigarettes;
7        (6) includes an image of an electronic cigarette;
8        (7) depicts an image designed or likely to appeal to
9    minors, including cartoons, toys, superheroes, or
10    children, or any other likeness to images, characters, or
11    phrases, including, but not limited to, unicorns, designed
12    in any manner to make consumption of electronic cigarettes
13    appealing to or encourage consumption of electronic
14    cigarettes by persons under 21 years of age;
15        (8) imitates or mimics trademark or trade dress of
16    food products, including, but not limited to, candy, juice
17    boxes, or soft drinks, or celebrity images that are or
18    have primarily been marketed towards persons under 21
19    years of age;
20        (9) contains images of food products primarily
21    targeted to minors, including, but not limited to, juice
22    boxes, soft drinks, pop, cereal, candy, or dessert; or
23        (10) contains the terms "candy", "candies", "kandy",
24    "kandeez", "bubble gum", "cotton candy", "gummy bear",
25    "cupcake", "milkshake", or any variants in the spelling of
26    those terms.

 

 

HB2579- 8 -LRB102 10685 RLC 16014 b

1    (b) All labeling and packaging of electronic cigarettes
2shall include proper nicotine warning statements required
3under federal law or by administrative rule.
4    (c) A manufacturer, distributor, or retailer of electronic
5cigarettes shall not sell, advertise, or market an electronic
6cigarette unless all of the following conditions have been
7met:
8        (1) All advertisements and marketing must accurately
9    and legibly identify the person or entity paying for the
10    publication of the advertisement or marketing.
11        (2) Any advertising or marketing in broadcast, cable,
12    radio, print, or digital communications, or any event
13    marketing or sponsorship, must only be made where at least
14    71.6% of the audience is reasonably expected to be 21
15    years of age or older, as determined by reliable,
16    up-to-date audience composition data.
17        (3) All advertising must be truthful and appropriately
18    substantiated.
19        (4) Advertising or marketing must not be presented in
20    a manner that is false or untrue in any material matter, or
21    that, irrespective of falsity, directly or by ambiguity,
22    omission, or inference, or by the addition of irrelevant
23    scientific or technical matter, tends to create a
24    misleading impression.
25        (5) Publishing or disseminating advertising or
26    marketing containing any statement concerning a brand or

 

 

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1    product must not be inconsistent with any statement on the
2    labeling thereof.
3        (6) Advertising or marketing of electronic cigarettes
4    must not be presented in a manner intended to encourage
5    persons under the age of 21 to consume electronic
6    cigarettes.
7        (7) Publishing or disseminating advertising or
8    marketing containing symbols, language, music, gestures,
9    cartoon characters, or other content elements must not be
10    known to appeal primarily to persons under 21 years of
11    age.
12        (8) Advertising or marketing electronic cigarettes
13    must not be on an advertising sign within 1,000 feet of a
14    daycare center, a school offering instruction in grades
15    kindergarten through 12, a playground, or a youth center.
16    This condition shall not apply to the placement of
17    advertising signs inside a premises licensed under the
18    Tobacco Products Tax Act of 1995 and that are not visible
19    by normal unaided vision from a public place, provided
20    that such advertising signs do not advertise electronic
21    cigarettes in a manner intended to encourage persons under
22    the age of 21 to consume electronic cigarettes.
23        (9) Publishing or disseminating advertising or
24    marketing must not contain any health-related statement
25    that is untrue in any particular manner or tends to create
26    a misleading impression as to the health benefits of

 

 

HB2579- 10 -LRB102 10685 RLC 16014 b

1    consumption of electronic cigarettes.
2        (10) Advertising must not contain any reference to an
3    electronic cigarette as a smoking cessation device or as a
4    product that may be helpful to quit smoking.
5        (11) Advertising must not use a health care
6    professional or a person who appears to be under 25 years
7    of age to advertise an electronic cigarette.
8    (d) Violations of this Section shall be punishable by the
9following civil penalties, and moneys collected from the civil
10penalties under this Section shall be deposited into the
11Common School Fund:
12        (1) For a first violation, a civil penalty of not less
13    than $2,500 and not to exceed $5,000.
14        (2) For a second violation, a civil penalty of more
15    than $5,000 and not to exceed $10,000.
16        (3) For a third or subsequent violation, a civil
17    penalty of $10,000.
18    (e) This Section does not apply to any noncommercial
19speech.
20    (f) This Section does not apply to electronic cigarettes
21that are in the possession of a manufacturer, distributor, or
22retailer on the effective date of this Act. Any product that is
23in the possession of a manufacturer, distributor, or retailer
24on the effective date of this Act must be sold to a final
25consumer no later than 180 days after the effective date of
26this Act unless otherwise exempt under subsection (g).

 

 

HB2579- 11 -LRB102 10685 RLC 16014 b

1    (g) This Section does not apply to any electronic
2cigarettes that are in the possession of a manufacturer,
3distributor, or retailer and that are not intended to be sold
4to a final consumer in the State of Illinois.
 
5    Section 20. Limitations on sales of electronic cigarettes.
6    (a) An electronic cigarette or flavored solution or
7substance intended for use with an electronic cigarette may
8not be sold in this State under any of the following
9conditions:
10        (1) If it contains more than 25 milligrams per
11    milliliter of nicotine.
12        (2) If vitamin E acetate is added to a flavored
13    solution or substance intended for use with an electronic
14    cigarette.
15    (b) A retailer who serves persons under 21 years of age may
16not sell a flavored solution or substance intended for use
17with an electronic cigarette.
18    (c) In a sale of an electronic cigarette by a retailer, the
19retailer must perform an age verification through an
20independent, third-party age verification service that
21compares information available from public records to the
22personal information entered by the buyer during the ordering
23process and that establishes the buyer is of legal age or
24older.
25    (d) This Section does not apply to electronic cigarettes

 

 

HB2579- 12 -LRB102 10685 RLC 16014 b

1or flavored solutions or substances intended for use with an
2electronic cigarette that are in the possession of a
3manufacturer, distributor, or retailer on the effective date
4of this Act. Any product that is in the possession of a
5manufacturer, distributor, or retailer on the effective date
6of this Act must be sold to a final consumer no later than 180
7days after the effective date of this Act unless otherwise
8exempt under subsection (e).
9    (e) This Section does not apply to any electronic
10cigarettes or flavored solutions or substances intended for
11use with an electronic cigarette that are in the possession of
12a manufacturer, distributor, or retailer and that are not
13intended to be sold to a final consumer in the State of
14Illinois.
15    (f) Violations of this Section shall be punishable by the
16following civil penalties, and moneys collected from the civil
17penalties under this Section shall be deposited into the
18Common School Fund:
19        (1) For a first violation, a civil penalty of not less
20    than $2,500 and not to exceed $5,000.
21        (2) For a second violation, a civil penalty of more
22    than $5,000 and not to exceed $10,000.
23        (3) For a third and subsequent violation, a civil
24    penalty of $10,000.
 
25    Section 75. The Prevention of Tobacco Use by Persons under

 

 

HB2579- 13 -LRB102 10685 RLC 16014 b

121 Years of Age and Sale and Distribution of Tobacco Products
2Act is amended by changing Sections 1 and 2 as follows:
 
3    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
4    Sec. 1. Prohibition on sale of tobacco products,
5electronic cigarettes, and alternative nicotine products to
6persons under 21 years of age; prohibition on the distribution
7of tobacco product samples, electronic cigarette samples, and
8alternative nicotine product samples to any person; use of
9identification cards; vending machines; lunch wagons;
10out-of-package sales.
11    (a) No person under 21 years of age shall buy any tobacco
12product, electronic cigarette, or alternative nicotine
13product. No person shall sell, buy for, distribute samples of
14or furnish any tobacco product, electronic cigarette, or any
15alternative nicotine product to any person under 21 years of
16age.
17    (a-5) No person under 16 years of age may sell any tobacco
18product, electronic cigarette, or alternative nicotine product
19at a retail establishment selling tobacco products, electronic
20cigarettes, or alternative nicotine products. This subsection
21does not apply to a sales clerk in a family-owned business
22which can prove that the sales clerk is in fact a son or
23daughter of the owner.
24    (a-5.1) Before selling, offering for sale, giving, or
25furnishing a tobacco product, electronic cigarette, or

 

 

HB2579- 14 -LRB102 10685 RLC 16014 b

1alternative nicotine product to another person, the person
2selling, offering for sale, giving, or furnishing the tobacco
3product, electronic cigarette, or alternative nicotine product
4shall verify that the person is at least 21 years of age by:
5        (1) examining from any person that appears to be under
6    30 years of age a government-issued photographic
7    identification that establishes the person to be 21 years
8    of age or older; or
9        (2) for sales of tobacco products, electronic
10    cigarettes, or alternative nicotine products made through
11    the Internet or other remote sales methods, performing an
12    age verification through an independent, third party age
13    verification service that compares information available
14    from public records to the personal information entered by
15    the person during the ordering process that establishes
16    the person is 21 years of age or older.
17    (a-6) No person under 21 years of age in the furtherance or
18facilitation of obtaining any tobacco product, electronic
19cigarette, or alternative nicotine product shall display or
20use a false or forged identification card or transfer, alter,
21or deface an identification card.
22    (a-7) No person under 21 years of age shall possess any
23cigar, cigarette, smokeless tobacco, or tobacco in any of its
24forms. (Blank).
25    (a-8) A person shall not distribute without charge samples
26of any tobacco product to any other person, regardless of age,

 

 

HB2579- 15 -LRB102 10685 RLC 16014 b

1except for smokeless tobacco in an adult-only facility.
2    This subsection (a-8) does not apply to the distribution
3of a tobacco product, electronic cigarette, or alternative
4nicotine product sample in any adult-only facility.
5    (a-9) For the purpose of this Section:
6        "Adult-only facility" means a facility or restricted
7    area (whether open-air or enclosed) where the operator
8    ensures or has a reasonable basis to believe (such as by
9    checking identification as required under State law, or by
10    checking the identification of any person appearing to be
11    under the age of 30) that no person under legal age is
12    present. A facility or restricted area need not be
13    permanently restricted to persons under 21 years of age to
14    constitute an adult-only facility, provided that the
15    operator ensures or has a reasonable basis to believe that
16    no person under 21 years of age is present during the event
17    or time period in question.
18        "Alternative nicotine product" means a product or
19    device not consisting of or containing tobacco that
20    provides for the ingestion into the body of nicotine,
21    whether by chewing, smoking, absorbing, dissolving,
22    inhaling, snorting, sniffing, or by any other means.
23    "Alternative nicotine product" does not include:
24    cigarettes as defined in Section 1 of the Cigarette Tax
25    Act and tobacco products as defined in Section 10-5 of the
26    Tobacco Products Tax Act of 1995; tobacco product and

 

 

HB2579- 16 -LRB102 10685 RLC 16014 b

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

 

 

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1    Administration for sale as a tobacco cessation product, as
2    a tobacco dependence product, or for other medical
3    purposes, and is being marketed and sold solely for that
4    approved purpose; any asthma inhaler prescribed by a
5    physician for that condition and is being marketed and
6    sold solely for that approved purpose; or any therapeutic
7    product approved for use under the Compassionate Use of
8    Medical Cannabis Pilot Program Act.
9        "Lunch wagon" means a mobile vehicle designed and
10    constructed to transport food and from which food is sold
11    to the general public.
12        "Nicotine" means any form of the chemical nicotine,
13    including any salt or complex, regardless of whether the
14    chemical is naturally or synthetically derived.
15        "Tobacco product" means any product containing or made
16    from tobacco that is intended for human consumption,
17    whether smoked, heated, chewed, absorbed, dissolved,
18    inhaled, snorted, sniffed, or ingested by any other means,
19    including, but not limited to, cigarettes, cigars, little
20    cigars, chewing tobacco, pipe tobacco, snuff, snus, and
21    any other smokeless tobacco product which contains tobacco
22    that is finely cut, ground, powdered, or leaf and intended
23    to be placed in the oral cavity. "Tobacco product"
24    includes any component, part, or accessory of a tobacco
25    product, whether or not sold separately. "Tobacco product"
26    does not include: an electronic cigarette and alternative

 

 

HB2579- 18 -LRB102 10685 RLC 16014 b

1    nicotine product as defined in this Section; or any
2    product that has been approved by the United States Food
3    and Drug Administration for sale as a tobacco cessation
4    product, as a tobacco dependence product, or for other
5    medical purposes, and is being marketed and sold solely
6    for that approved purpose.
7    (b) Tobacco products, electronic cigarettes, and
8alternative nicotine products may be sold through a vending
9machine only if such tobacco products, electronic cigarettes,
10and alternative nicotine products are not placed together with
11any non-tobacco product, other than matches, in the vending
12machine and the vending machine is in any of the following
13locations:
14        (1) (Blank).
15        (2) Places to which persons under 21 years of age are
16    not permitted access at any time.
17        (3) Places where alcoholic beverages are sold and
18    consumed on the premises and vending machine operation is
19    under the direct supervision of the owner or manager.
20        (4) (Blank).
21        (5) (Blank).
22    (c) (Blank).
23    (d) The sale or distribution by any person of a tobacco
24product as defined in this Section, including but not limited
25to a single or loose cigarette, that is not contained within a
26sealed container, pack, or package as provided by the

 

 

HB2579- 19 -LRB102 10685 RLC 16014 b

1manufacturer, which container, pack, or package bears the
2health warning required by federal law, is prohibited.
3    (e) It is not a violation of this Act for a person under 21
4years of age to purchase a tobacco product, electronic
5cigarette, or alternative nicotine product if the person under
6the age of 21 purchases or is given the tobacco product,
7electronic cigarette, or alternative nicotine product in any
8of its forms from a retail seller of tobacco products,
9electronic cigarettes, or alternative nicotine products or an
10employee of the retail seller pursuant to a plan or action to
11investigate, patrol, or otherwise conduct a "sting operation"
12or enforcement action against a retail seller of tobacco
13products, electronic cigarettes, or alternative nicotine
14products or a person employed by the retail seller of tobacco
15products, electronic cigarettes, or alternative nicotine
16products or on any premises authorized to sell tobacco
17products, electronic cigarettes, or alternative nicotine
18products to determine if tobacco products, electronic
19cigarettes, or alternative nicotine products are being sold or
20given to persons under 21 years of age if the "sting operation"
21or enforcement action is approved by, conducted by, or
22conducted on behalf of the Department of State Police, the
23county sheriff, a municipal police department, the Department
24of Revenue, the Department of Public Health, or a local health
25department. The results of any sting operation or enforcement
26action, including the name of the clerk, shall be provided to

 

 

HB2579- 20 -LRB102 10685 RLC 16014 b

1the retail seller within 7 business days.
2(Source: P.A. 101-2, eff. 7-1-19.)
 
3    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
4    Sec. 2. Penalties.
5    (a) Any person who violates subsection (a), (a-5),
6(a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty
7of a petty offense. For the first offense in a 24-month period,
8the person shall be fined $200 if his or her employer has a
9training program that facilitates compliance with minimum-age
10tobacco laws. For the second offense in a 24-month period, the
11person shall be fined $400 if his or her employer has a
12training program that facilitates compliance with minimum-age
13tobacco laws. For the third offense in a 24-month period, the
14person shall be fined $600 if his or her employer has a
15training program that facilitates compliance with minimum-age
16tobacco laws. For the fourth or subsequent offense in a
1724-month period, the person shall be fined $800 if his or her
18employer has a training program that facilitates compliance
19with minimum-age tobacco laws. For the purposes of this
20subsection, the 24-month period shall begin with the person's
21first violation of the Act. The penalties in this subsection
22are in addition to any other penalties prescribed under the
23Cigarette Tax Act and the Tobacco Products Tax Act of 1995.
24    (a-1) If a person under 21 years of age violates
25subsection (a-7) of Section 1, he or she is guilty of a petty

 

 

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1offense and the court may impose a sentence of 25 hours of
2community service and a fine of $50 for a first violation. A
3second violation by a person under 21 years of age of
4subsection (a-7) of Section 1 that occurs within 12 months
5after the first violation is punishable by a fine of $75 and 50
6hours of community service. A third or subsequent violation by
7a person under 21 years of age of subsection (a-7) of Section 1
8that occurs within 12 months after the first violation is
9punishable by a $200 fine and 50 hours of community service.
10Any second or subsequent violation not within the 12-month
11time period after the first violation is punishable as
12provided for a first violation.
13    (a-5) Any retailer who violates subsection (a), (a-5),
14(a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty
15of a petty offense. For the first offense in a 24-month period,
16the retailer shall be fined $200 if it does not have a training
17program that facilitates compliance with minimum-age tobacco
18laws. For the second offense in a 24-month period, the
19retailer shall be fined $400 if it does not have a training
20program that facilitates compliance with minimum-age tobacco
21laws. For the third offense within a 24-month period, the
22retailer shall be fined $600 if it does not have a training
23program that facilitates compliance with minimum-age tobacco
24laws. For the fourth or subsequent offense in a 24-month
25period, the retailer shall be fined $800 if it does not have a
26training program that facilitates compliance with minimum-age

 

 

HB2579- 22 -LRB102 10685 RLC 16014 b

1tobacco laws. For the purposes of this subsection, the
224-month period shall begin with the person's first violation
3of the Act. The penalties in this subsection are in addition to
4any other penalties prescribed under the Cigarette Tax Act and
5the Tobacco Products Tax Act of 1995.
6    (a-6) For the purpose of this Act, a training program that
7facilitates compliance with minimum-age tobacco laws must
8include at least the following elements: (i) it must explain
9that only individuals displaying valid identification
10demonstrating that they are 21 years of age or older shall be
11eligible to purchase tobacco products, electronic cigarettes,
12or alternative nicotine products and (ii) it must explain
13where a clerk can check identification for a date of birth. The
14training may be conducted electronically. Each retailer that
15has a training program shall require each employee who
16completes the training program to sign a form attesting that
17the employee has received and completed tobacco training. The
18form shall be kept in the employee's file and may be used to
19provide proof of training.
20    (b) (Blank). I If a person under 21 years of age violates
21subsection (a-6) of Section 1, he or she is guilty of a Class A
22misdemeanor.
23    (c) (Blank).
24    (d) (Blank).
25    (e) (Blank).
26    (f) (Blank).

 

 

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1    (g) (Blank).
2    (h) All moneys collected as fines for violations of
3subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or
4(a-7) of Section 1 shall be distributed in the following
5manner:
6        (1) one-half of each fine shall be distributed to the
7    unit of local government or other entity that successfully
8    prosecuted the offender; and
9        (2) one-half shall be remitted to the State to be used
10    for enforcing this Act.
11    Any violation of subsection (a) or (a-5) of Section 1
12shall be reported to the Department of Revenue within 7
13business days.
14(Source: P.A. 100-201, eff. 8-18-17; 101-2, eff. 7-1-19;
15revised 4-29-19.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.