Sen. Meg Loughran Cappel
Filed: 3/11/2024
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| 1 | AMENDMENT TO SENATE BILL 3098 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3098 on page 1, | ||||||
| 3 | line 6, by replacing "Section 1" with "Sections 1 and 2"; and | ||||||
| 4 | on page 2, line 23, by inserting "under 21 years of age" after | ||||||
| 5 | "anyone"; and | ||||||
| 6 | on page 9, lines 2 and 18, by deleting "(a-5.2)," wherever it | ||||||
| 7 | appears; and | ||||||
| 8 | on page 10, line 12, by deleting "(a-5.2),"; and | ||||||
| 9 | on page 11, line 8, by deleting "(a-5.2),"; and | ||||||
| 10 | on page 12, line 1, by deleting "(a-5.2),"; and | ||||||
| 11 | on page 12, by replacing lines 20 and 21 with the following: | ||||||
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| 1 | "(720 ILCS 675/2) (from Ch. 23, par. 2358) | ||||||
| 2 | Sec. 2. Penalties. | ||||||
| 3 | (a) Any person who violates subsection (a), (a-5), | ||||||
| 4 | (a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act | ||||||
| 5 | is guilty of a petty offense. For the first offense in a | ||||||
| 6 | 24-month period, the person shall be fined $200 if his or her | ||||||
| 7 | employer has a training program that facilitates compliance | ||||||
| 8 | with minimum-age tobacco laws. For the second offense in a | ||||||
| 9 | 24-month period, the person shall be fined $400 if his or her | ||||||
| 10 | employer has a training program that facilitates compliance | ||||||
| 11 | with minimum-age tobacco laws. For the third offense in a | ||||||
| 12 | 24-month period, the person shall be fined $600 if his or her | ||||||
| 13 | employer has a training program that facilitates compliance | ||||||
| 14 | with minimum-age tobacco laws. For the fourth or subsequent | ||||||
| 15 | offense in a 24-month period, the person shall be fined $800 if | ||||||
| 16 | his or her employer has a training program that facilitates | ||||||
| 17 | compliance with minimum-age tobacco laws. For the purposes of | ||||||
| 18 | this subsection, the 24-month period shall begin with the | ||||||
| 19 | person's first violation of the Act. The penalties in this | ||||||
| 20 | subsection are in addition to any other penalties prescribed | ||||||
| 21 | under the Cigarette Tax Act and the Tobacco Products Tax Act of | ||||||
| 22 | 1995. | ||||||
| 23 | (a-5) Any retailer who violates subsection (a), (a-5), | ||||||
| 24 | (a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act | ||||||
| 25 | is guilty of a petty offense. For the first offense in a | ||||||
| 26 | 24-month period, the retailer shall be fined $200 if it does | ||||||
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| 1 | not have a training program that facilitates compliance with | ||||||
| 2 | minimum-age tobacco laws. For the second offense in a 24-month | ||||||
| 3 | period, the retailer shall be fined $400 if it does not have a | ||||||
| 4 | training program that facilitates compliance with minimum-age | ||||||
| 5 | tobacco laws. For the third offense within a 24-month period, | ||||||
| 6 | the retailer shall be fined $600 if it does not have a training | ||||||
| 7 | program that facilitates compliance with minimum-age tobacco | ||||||
| 8 | laws. For the fourth or subsequent offense in a 24-month | ||||||
| 9 | period, the retailer shall be fined $800 if it does not have a | ||||||
| 10 | training program that facilitates compliance with minimum-age | ||||||
| 11 | tobacco laws. For the purposes of this subsection, the | ||||||
| 12 | 24-month period shall begin with the person's first violation | ||||||
| 13 | of the Act. The penalties in this subsection are in addition to | ||||||
| 14 | any other penalties prescribed under the Cigarette Tax Act and | ||||||
| 15 | the Tobacco Products Tax Act of 1995. | ||||||
| 16 | (a-6) For the purpose of this Act, a training program that | ||||||
| 17 | facilitates compliance with minimum-age tobacco laws must | ||||||
| 18 | include at least the following elements: (i) it must explain | ||||||
| 19 | that only individuals displaying valid identification | ||||||
| 20 | demonstrating that they are 21 years of age or older shall be | ||||||
| 21 | eligible to purchase tobacco products, electronic cigarettes, | ||||||
| 22 | or alternative nicotine products and (ii) it must explain | ||||||
| 23 | where a clerk can check identification for a date of birth. The | ||||||
| 24 | training may be conducted electronically. Each retailer that | ||||||
| 25 | has a training program shall require each employee who | ||||||
| 26 | completes the training program to sign a form attesting that | ||||||
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| 1 | the employee has received and completed tobacco training. The | ||||||
| 2 | form shall be kept in the employee's file and may be used to | ||||||
| 3 | provide proof of training. | ||||||
| 4 | (b) If a person under 21 years of age violates subsection | ||||||
| 5 | (a-6) of Section 1, he or she is guilty of a Class A | ||||||
| 6 | misdemeanor. | ||||||
| 7 | (c) (Blank). | ||||||
| 8 | (d) (Blank). | ||||||
| 9 | (e) (Blank). | ||||||
| 10 | (f) (Blank). | ||||||
| 11 | (g) (Blank). | ||||||
| 12 | (h) All moneys collected as fines for violations of | ||||||
| 13 | subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) of | ||||||
| 14 | Section 1 shall be distributed in the following manner: | ||||||
| 15 | (1) one-half of each fine shall be distributed to the | ||||||
| 16 | unit of local government or other entity that successfully | ||||||
| 17 | prosecuted the offender; and | ||||||
| 18 | (2) one-half shall be remitted to the State to be used | ||||||
| 19 | for enforcing this Act. | ||||||
| 20 | Any violation of subsection (a) or (a-5) of Section 1 | ||||||
| 21 | shall be reported to the Department of Revenue within 7 | ||||||
| 22 | business days. | ||||||
| 23 | (Source: P.A. 101-2, eff. 7-1-19; 102-558, eff. 8-20-21.)". | ||||||