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Rep. Bob Morgan
Filed: 5/12/2021
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1 | | AMENDMENT TO SENATE BILL 512
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2 | | AMENDMENT NO. ______. Amend Senate Bill 512 on page 4, by |
3 | | deleting lines 2 through 12; and |
4 | | on page 4, by replacing lines 14 through 23 with the following:
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5 | | "(a) The Department of Revenue may adopt rules that are |
6 | | reasonable, necessary, and related to the administration and |
7 | | enforcement of this Act. |
8 | | (b) The Department of Revenue, the Department of Public |
9 | | Health, a local public health department, the Department of |
10 | | Human Services, the Illinois State Police, a county sheriff, |
11 | | and a municipal police department may inspect any business |
12 | | that sells, manufactures, transports, or distributes |
13 | | electronic cigarettes in the State to ensure compliance with |
14 | | this Act."; and |
15 | | on page 7, by replacing lines 3 and 4 with the following:
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16 | | "September 9, 2020 shall not be deemed to be adulterated under |
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1 | | subparagraph (C) of paragraph (4) of this subsection."; and |
2 | | on page 7, immediately, below line 7, by inserting the |
3 | | following: |
4 | | "(c) Any violation of this Act shall be reported to the |
5 | | Department of Revenue within 7 business days."; and
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6 | | on page 10, by replacing lines 12 through 17 with the |
7 | | following: |
8 | | "(a) No person under 21 years of age shall buy any tobacco
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9 | | product, electronic cigarette, or alternative nicotine
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10 | | product. No person shall sell, buy for, distribute samples of
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11 | | or furnish any tobacco product, electronic cigarette, or any
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12 | | alternative nicotine product to any person under 21 years of
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13 | | age."; and |
14 | | on page 11, line 25, after "tobacco product", by inserting " , |
15 | | alternative nicotine product, or electronic cigarette "; and |
16 | | by replacing line 13 on page 17 through line 10 on page 19 with |
17 | | the following: |
18 | | " (g) Any peace officer or duly authorized member of the |
19 | | Illinois State Police, a county sheriff's department, a |
20 | | municipal police department, the Department of Revenue, the |
21 | | Department of Public Health, a local health department, or the |
22 | | Department of Human Services, upon discovering a violation of |
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1 | | subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this |
2 | | Section or a violation of the Preventing Youth Vaping Act, may |
3 | | seize any tobacco products, alternative nicotine products, or |
4 | | electronic cigarettes of the specific type involved in that |
5 | | violation that are located at that place of business. The |
6 | | tobacco products, alternative nicotine products, or electronic |
7 | | cigarettes so seized are subject to confiscation and |
8 | | forfeiture. |
9 | | (h) After seizing any tobacco products, alternative |
10 | | nicotine products, or electronic cigarettes as provided in |
11 | | subsection (g), the Illinois Department of Revenue must hold a |
12 | | hearing and determine whether the seized tobacco products, |
13 | | alternative nicotine products, or electronic cigarettes were |
14 | | part of the inventory located at the place of business when a |
15 | | violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or |
16 | | (d) of this Section or a violation of the Preventing Youth |
17 | | Vaping Act occurred and whether any seized tobacco products, |
18 | | alternative nicotine products, or electronic cigarettes were |
19 | | of a type involved in that violation. The Illinois Department |
20 | | of Revenue shall give not less than 20 days' notice of the time |
21 | | and place of the hearing to the owner of the property, if the |
22 | | owner is known, and also to the person in whose possession the |
23 | | property was found if that person is known and if the person in |
24 | | possession is not the owner of the property. If neither the |
25 | | owner nor the person in possession of the property is known, |
26 | | the Illinois Department of Revenue must cause publication of |
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1 | | the time and place of the hearing to be made at least once each |
2 | | week for 3 weeks successively in a newspaper of general |
3 | | circulation in the county where the hearing is to be held. |
4 | | If, as the result of the hearing, the Illinois Department |
5 | | of Revenue determines that the tobacco products, alternative |
6 | | nicotine products, or the electronic cigarettes were part of |
7 | | the inventory located at the place of business when a |
8 | | violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or |
9 | | (d) of this Section or a violation of the Preventing Youth |
10 | | Vaping Act at the time of seizure, the Illinois Department of |
11 | | Revenue must enter an order declaring the tobacco products, |
12 | | alternative nicotine products, or electronic cigarettes |
13 | | confiscated and forfeited to the State, to be held by the |
14 | | Illinois Department of Revenue for disposal by it as provided |
15 | | in Section 10-58 of the Tobacco Products Tax Act of 1995. The |
16 | | Illinois Department of Revenue must give notice of the order |
17 | | to the owner of the property, if the owner is known, and also |
18 | | to the person in whose possession the property was found if |
19 | | that person is known and if the person in possession is not the |
20 | | owner of the property. If neither the owner nor the person in |
21 | | possession of the property is known, the Illinois Department |
22 | | of Revenue must cause publication of the order to be made at |
23 | | least once each week for 3 weeks successively in a newspaper of |
24 | | general circulation in the county where the hearing was |
25 | | held. "; and |