093_HB1383

 
                                     LRB093 10666 DRJ 11005 b

 1        AN ACT concerning persons under age 19.

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

 4        Section  5.  The  Illinois  Identification  Card  Act  is
 5    amended by changing Section 4 as follows:

 6        (15 ILCS 335/4) (from Ch. 124, par. 24)
 7        Sec. 4.  Identification Card.
 8        (a)  The  Secretary  of  State  shall  issue  a  standard
 9    Illinois  Identification  Card to any natural person who is a
10    resident of the State of Illinois who applies for such  card,
11    or  renewal  thereof,  or who applies for a standard Illinois
12    Identification Card upon release as  a  committed  person  on
13    parole,  mandatory  supervised  release,  final discharge, or
14    pardon from the Department of Corrections  by  submitting  an
15    identification  card  issued by the Department of Corrections
16    under Section 3-14-1 of  the  Unified  Code  of  Corrections,
17    together  with  the  prescribed  fees.   The  card  shall  be
18    prepared  and  supplied  by  the Secretary of State and shall
19    include a photograph of the applicant.  The  applicant,  upon
20    receipt of a card and prior to its use for any purpose, shall
21    affix  his  signature thereon in the space provided therefor.
22    The  Illinois   Identification   Card   may   be   used   for
23    identification  purposes  in any lawful situation only by the
24    person  to  whom  it  was  issued.  As  used  in  this   Act,
25    "photograph" means any color photograph or digitally produced
26    and  captured  image  of  an  applicant for an identification
27    card.  As used in this Act, "signature" means the name  of  a
28    person  as  written  by  that person and captured in a manner
29    acceptable to the Secretary of State.
30        (b)  The  Secretary  of  State  shall  issue  a   special
31    Illinois  Identification  Card,  which  shall  be known as an
 
                            -2-      LRB093 10666 DRJ 11005 b
 1    Illinois Disabled Person Identification Card, to any  natural
 2    person  who  is a resident of the State of Illinois, who is a
 3    disabled person as defined in Section 4A  of  this  Act,  who
 4    applies  for such card, or renewal thereof.  The Secretary of
 5    State shall charge no fee to issue such card.  The card shall
 6    be prepared and supplied by the Secretary of State, and shall
 7    include  a  photograph  of  the  applicant,   a   designation
 8    indicating  that  the  card  is  an  Illinois Disabled Person
 9    Identification  Card,  and  shall  include  a  comprehensible
10    designation of the type and classification of the applicant's
11    disability as set out in Section 4A  of  this  Act.   If  the
12    applicant  so  requests, the card shall include a description
13    of the applicant's disability and any information  about  the
14    applicant's disability or medical history which the Secretary
15    determines  would  be  helpful  to  the applicant in securing
16    emergency medical care.  The applicant, upon receipt of  such
17    a  card  and  prior  to  its  use for any purpose, shall have
18    affixed thereon in the space provided therefor his  signature
19    or mark.  If a mark is used in lieu of a signature, such mark
20    shall be affixed to the card in the presence of two witnesses
21    who  attest  to  the  authenticity of the mark.  The Illinois
22    Disabled  Person  Identification  Card  may   be   used   for
23    identification purposes in any lawful situation by the person
24    to whom it was issued.
25        The  Illinois  Disabled Person Identification Card may be
26    used as adequate documentation of disability  in  lieu  of  a
27    physician's   determination   of   disability  or  any  other
28    documentation of disability whenever any State  law  requires
29    that   a   disabled  person  provide  such  documentation  of
30    disability,   however    an    Illinois    Disabled    Person
31    Identification  Card  shall  not  qualify  the  cardholder to
32    participate in any program or to receive any benefit which is
33    not  available  to  all  persons  with   like   disabilities.
34    Notwithstanding  any  other  provisions  of  law, an Illinois
 
                            -3-      LRB093 10666 DRJ 11005 b
 1    Disabled Person Identification Card,  or  evidence  that  the
 2    Secretary  of  State  has  issued an Illinois Disabled Person
 3    Identification Card, shall not be used by  any  person  other
 4    than  the  person named on such card to prove that the person
 5    named on such card is a disabled  person  or  for  any  other
 6    purpose unless the card is used for the benefit of the person
 7    named  on  such  card,  and  the  person  named  on such card
 8    consents to such use at the time the card is so used.
 9        When medical information  is  contained  on  an  Illinois
10    Disabled  Person  Identification  Card,  the  Office  of  the
11    Secretary  of State shall not be liable for any actions taken
12    based upon that medical information.
13        (c)  Beginning January 1, 1986, the  Secretary  of  State
14    shall   provide   that  each  original  or  renewal  Illinois
15    Identification   Card    or    Illinois    Disabled    Person
16    Identification  Card  issued to a person under the age of 21,
17    shall  be  of  a  distinct   nature   from   those   Illinois
18    Identification    Cards    or    Illinois   Disabled   Person
19    Identification Cards issued to individuals 21 years of age or
20    older. The color designated for Illinois Identification Cards
21    or Illinois Disabled Person Identification Cards for  persons
22    under  the  age  of  21  shall  be  at  the discretion of the
23    Secretary of State.
24        (c-1)  Beginning January 1, 2004 2003, each  original  or
25    renewal  Illinois  Identification  Card  or Illinois Disabled
26    Person Identification Card issued to a person under  the  age
27    of 21 shall display the date upon which the person becomes 19
28    18 years of age and the date upon which the person becomes 21
29    years of age.
30        (d)  The  Secretary  of  State may issue a Senior Citizen
31    discount card, to any natural person who is a resident of the
32    State of Illinois who is 60 years of age  or  older  and  who
33    applies for such a card or renewal thereof.  The Secretary of
34    State shall charge no fee to issue such card.  The card shall
 
                            -4-      LRB093 10666 DRJ 11005 b
 1    be  issued  in  every  county  and applications shall be made
 2    available at, but not limited  to,  nutrition  sites,  senior
 3    citizen  centers  and Area Agencies on Aging.  The applicant,
 4    upon receipt of such card  and  prior  to  its  use  for  any
 5    purpose,  shall  have  affixed  thereon in the space provided
 6    therefor his signature or mark.
 7    (Source: P.A. 92-240, eff. 1-1-02; 92-689, eff. 1-1-03.)

 8        Section 10.  The Illinois  Vehicle  Code  is  amended  by
 9    changing Section 6-110 as follows:

10        (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
11        Sec. 6-110.  Licenses issued to drivers.
12        (a)  The   Secretary   of  State  shall  issue  to  every
13    qualifying applicant a driver's license as applied for, which
14    license shall bear a distinguishing number  assigned  to  the
15    licensee, the name, social security number, zip code, date of
16    birth,  address, and a brief description of the licensee, and
17    a space where the licensee may write his usual signature.
18        If the licensee is less than 17 years of age, the license
19    shall, as a matter of law, be invalid for  the  operation  of
20    any  motor vehicle during any time the licensee is prohibited
21    from being on any street or highway under the  provisions  of
22    the Child Curfew Act.
23        Licenses  issued  shall  also indicate the classification
24    and the restrictions under Section 6-104 of this Code.
25        In lieu of the social security number, the Secretary  may
26    in  his  discretion  substitute a federal tax number or other
27    distinctive number.
28        A driver's license issued may, in the discretion  of  the
29    Secretary, include a suitable photograph of a type prescribed
30    by the Secretary.
31        (b)  The Secretary of State shall provide a format on the
32    reverse  of  each  driver's license issued which the licensee
 
                            -5-      LRB093 10666 DRJ 11005 b
 1    may use to execute a  document  of  gift  conforming  to  the
 2    provisions  of  the  Uniform  Anatomical Gift Act. The format
 3    shall allow the  licensee  to  indicate  the  gift  intended,
 4    whether  specific  organs, any organ, or the entire body, and
 5    shall  accommodate  the  signatures  of  the  donor   and   2
 6    witnesses.  The Secretary shall also inform each applicant or
 7    licensee  of  this  format,  describe  the  procedure for its
 8    execution, and may offer the  necessary  witnesses;  provided
 9    that in so doing, the Secretary shall advise the applicant or
10    licensee  that  he or she is under no compulsion to execute a
11    document of  gift.  A  brochure  explaining  this  method  of
12    executing  an anatomical gift document shall be given to each
13    applicant  or  licensee.   The  brochure  shall  advise   the
14    applicant  or  licensee that he or she is under no compulsion
15    to execute a document of gift, and that he or she may wish to
16    consult with family, friends or clergy before doing  so.  The
17    Secretary   of   State   may  undertake  additional  efforts,
18    including education  and  awareness  activities,  to  promote
19    organ and tissue donation.
20        (c)  The  Secretary  of  State  shall  designate  on each
21    driver's license issued a space where the licensee may  place
22    a  sticker  or decal of the uniform size as the Secretary may
23    specify, which sticker or decal may indicate  in  appropriate
24    language  that  the owner of the license carries an Emergency
25    Medical Information Card.
26        The sticker may be  provided  by  any  person,  hospital,
27    school, medical group, or association interested in assisting
28    in  implementing  the Emergency Medical Information Card, but
29    shall meet the specifications as the Secretary may by rule or
30    regulation require.
31        (d)  The Secretary  of  State  shall  designate  on  each
32    driver's  license  issued  a  space  where  the  licensee may
33    indicate his blood type and RH factor.
34        (e)  The Secretary  of  State  shall  provide  that  each
 
                            -6-      LRB093 10666 DRJ 11005 b
 1    original  or  renewal  driver's  license issued to a licensee
 2    under 21 years of age shall be  of  a  distinct  nature  from
 3    those driver's licenses issued to individuals 21 years of age
 4    and  older.  The  color  designated for driver's licenses for
 5    licensees under 21 years of age shall be at the discretion of
 6    the Secretary of State.
 7        (e-1)  The Secretary shall  provide  that  each  driver's
 8    license  issued  to a person under the age of 21 displays the
 9    date upon which the person becomes 19 18 years of age and the
10    date upon which the person becomes 21 years of age.
11        (f)  The Secretary of State  shall  inform  all  Illinois
12    licensed   commercial   motor   vehicle   operators   of  the
13    requirements of the Uniform Commercial  Driver  License  Act,
14    Article  V  of  this  Chapter,  and  shall make provisions to
15    insure that all  drivers,  seeking  to  obtain  a  commercial
16    driver's  license,  be afforded an opportunity prior to April
17    1, 1992, to obtain the license.  The Secretary is  authorized
18    to  extend  driver's  license  expiration  dates,  and assign
19    specific times, dates and locations  where  these  commercial
20    driver's tests shall be conducted.  Any applicant, regardless
21    of  the  current  expiration date of the applicant's driver's
22    license, may be subject to any assignment by  the  Secretary.
23    Failure  to comply with the Secretary's assignment may result
24    in the applicant's forfeiture of an opportunity to receive  a
25    commercial driver's license prior to April 1, 1992.
26        (g)  The Secretary of State shall designate on a driver's
27    license  issued, a space where the licensee may indicate that
28    he or she has drafted a living will in  accordance  with  the
29    Illinois  Living  Will Act or a durable power of attorney for
30    health care in accordance with the Illinois Power of Attorney
31    Act.
32        (g-1)  The Secretary of State, in his or her  discretion,
33    may  designate  on each driver's license issued a space where
34    the licensee may place a sticker  or  decal,  issued  by  the
 
                            -7-      LRB093 10666 DRJ 11005 b
 1    Secretary  of  State,  of  uniform  size as the Secretary may
 2    specify, that shall indicate in appropriate language that the
 3    owner of the license has renewed his or her driver's license.
 4        (h)  A person who acts in good faith in  accordance  with
 5    the  terms  of  this Section is not liable for damages in any
 6    civil action  or  subject  to  prosecution  in  any  criminal
 7    proceeding for his or her act.
 8    (Source: P.A. 91-357, eff. 7-29-99; 92-689, eff. 1-1-03.)

 9        Section 15.  The Sale of Tobacco to Minors Act is amended
10    by  changing  the title of the Act and Sections 0.01 and 1 as
11    follows:

12        (720 ILCS 675/Act title)
13        An Act to prohibit persons under 19 years of  age  minors
14    from  buying  or  selling  tobacco  in  any  of its forms, to
15    prohibit selling, giving or furnishing tobacco, in any of its
16    forms, to  those  persons  minors,  and  providing  penalties
17    therefor.

18        (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
19        Sec.  0.01.   Short  title.  This Act may be cited as the
20    Sale of Tobacco to Underage Persons Minors Act.
21    (Source: P.A. 86-1324.)

22        (720 ILCS 675/1) (from Ch. 23, par. 2357)
23        Sec. 1.  Except as otherwise provided in this Section, no
24    person minor under 19 18 years of age shall  buy  any  cigar,
25    cigarette,  smokeless tobacco or tobacco in any of its forms.
26    Except as otherwise provided in this Section, no person shall
27    sell, buy for, distribute samples of or  furnish  any  cigar,
28    cigarette,  smokeless tobacco or tobacco in any of its forms,
29    to any person minor under 19 18 years of age.
30        For the purpose  of  this  Section,  "smokeless  tobacco"
 
                            -8-      LRB093 10666 DRJ 11005 b
 1    means  any  tobacco products that are suitable for dipping or
 2    chewing.
 3        Tobacco products listed  above  may  be  sold  through  a
 4    vending machine only in the following locations:
 5             (1)  Factories,  businesses, offices, private clubs,
 6        and other places not open to the general public.
 7             (2)  Places to which  persons  minors  under  19  18
 8        years of age are not permitted access.
 9             (3)  Places  where  alcoholic beverages are sold and
10        consumed on the premises.
11             (4)  Places where the vending machine is  under  the
12        direct  supervision  of the owner of the establishment or
13        an employee 19 over 18 years of age or older.   The  sale
14        of  tobacco  products from a vending machine under direct
15        supervision  of  the  owner  or  an   employee   of   the
16        establishment is considered a sale of tobacco products by
17        that  person.   As  used  in  this  subdivision,  "direct
18        supervision"  means  that  the  owner  or employee has an
19        unimpeded line of sight to the vending machine.
20             (5)  Places where the vending machine  can  only  be
21        operated  only  by  the  owner or an employee 19 years of
22        over age or older 18 either directly or through a  remote
23        control  device  if  the  device  is  inaccessible to all
24        customers.
25    (Source: P.A. 89-181, eff. 7-19-95.)

26        Section 20.  The  Smokeless  Tobacco  Limitation  Act  is
27    amended by changing the title of the Act and Sections 3 and 4
28    as follows:

29        (720 ILCS 680/Act title)
30        An  Act to prohibit the sale or distribution of smokeless
31    tobacco products to persons under 19 18 years of age.
 
                            -9-      LRB093 10666 DRJ 11005 b
 1        (720 ILCS 680/3) (from Ch. 23, par. 2358-23)
 2        Sec. 3.  No  person  shall  sell  any  smokeless  tobacco
 3    product to any person under the age of 19 18.  Any person who
 4    violates  this  Section shall be guilty of a business offense
 5    punishable by a fine of not more than $50 for each violation.
 6    (Source: P.A. 85-465.)

 7        (720 ILCS 680/4) (from Ch. 23, par. 2358-24)
 8        Sec. 4.  No  person  shall  distribute  or  cause  to  be
 9    distributed  to  any  person  under the age of 19 18, without
10    charge or at a nominal cost, any smokeless tobacco product.
11    Any person who violates this Section shall  be  guilty  of  a
12    business  offense punishable for a first offense by a fine of
13    $200, for a second offense in a 12-month period by a fine  of
14    $400,  and  for  the  third  or  any  subsequent offense in a
15    12-month period by a fine of  $600.  One-half  of  each  fine
16    collected under this Section shall be distributed to the unit
17    of   local  government  or  other  entity  that  successfully
18    prosecuted the offender and one-half shall be remitted to the
19    State to be used for the enforcement of this Act.
20    (Source: P.A. 88-418.)

21        Section 25.  The Tobacco Accessories  and  Smoking  Herbs
22    Control  Act  is amended by changing the title of the Act and
23    Sections 2 and 4 as follows:

24        (720 ILCS 685/Act title)
25        An Act providing protection for  the  public  health  and
26    safety  by  prohibiting  the  sale  or  delivery  of  tobacco
27    accessories or smoking herbs to persons under 19 years of age
28    minors.

29        (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
30        Sec.  2.  Purpose.  The sale and possession of marijuana,
 
                            -10-     LRB093 10666 DRJ 11005 b
 1    hashish, cocaine, opium and their derivatives,  is  not  only
 2    prohibited  by  Illinois Law, but the use of these substances
 3    has been deemed injurious to the health of the user.
 4        It has further been determined by the Surgeon General  of
 5    the  United  States  that  the use of tobacco is hazardous to
 6    human health.
 7        The ready availability of smoking herbs to persons  under
 8    19  years  of age minors could lead to the use of tobacco and
 9    illegal drugs.
10        It is in the best interests of the citizens of the  State
11    of  Illinois to seek to prohibit the spread of illegal drugs,
12    tobacco or smoking materials to persons under 19 years of age
13    minors.  The prohibition of the sale  of  tobacco  and  snuff
14    accessories  and  smoking  herbs to persons under 19 years of
15    age minors would help to curb the usage of illegal drugs  and
16    tobacco products, among our youth.
17    (Source: P.A. 82-487.)

18        (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
19        Sec. 4.  Offenses.
20        (a)  Sale  to  persons  under 19 years of age minors.  No
21    person shall knowingly sell,  barter,  exchange,  deliver  or
22    give away or cause or permit or procure to be sold, bartered,
23    exchanged,  delivered,  or  given away tobacco accessories or
24    smoking herbs to any person under 19 18 years of age.
25        (a-5) Sale of bidi cigarettes. No person shall  knowingly
26    sell,   barter,  exchange,  deliver,  or  give  away  a  bidi
27    cigarette to another person, nor  shall  a  person  cause  or
28    permit  or  procure  a  bidi  cigarette to be sold, bartered,
29    exchanged, delivered, or given away to another person.
30        (b)  Sale of cigarette paper.  No person shall  knowingly
31    offer, sell, barter, exchange, deliver or give away cigarette
32    paper  or  cause,  permit,  or  procure cigarette paper to be
33    sold, offered, bartered, exchanged, delivered, or given  away
 
                            -11-     LRB093 10666 DRJ 11005 b
 1    except  from premises or an establishment where other tobacco
 2    products are sold.  For purposes of  this  Section,  "tobacco
 3    products"  means  cigarettes,  cigars,  smokeless tobacco, or
 4    tobacco in any of its forms.
 5        (c)  Sale of cigarette paper from vending  machines.   No
 6    person shall knowingly offer, sell, barter, exchange, deliver
 7    or  give  away  cigarette  paper or cause, permit, or procure
 8    cigarette paper to be  sold,  offered,  bartered,  exchanged,
 9    delivered, or given away by use of a vending or coin-operated
10    machine  or device.  For purposes of this Section, "cigarette
11    paper" shall not include any paper that is incorporated  into
12    a  product  to  which  a  tax stamp must be affixed under the
13    Cigarette Tax Act or the Cigarette Use Tax Act.
14        (d)  Use of  identification  cards.   No  person  in  the
15    furtherance  or facilitation of obtaining smoking accessories
16    and smoking herbs shall display or  use  a  false  or  forged
17    identification   card   or  transfer,  alter,  or  deface  an
18    identification card.
19        (e)  Warning to persons under 19  years  of  age  minors.
20    Any   person,   firm,  partnership,  company  or  corporation
21    operating a place of business where tobacco  accessories  and
22    smoking  herbs  are  sold or offered for sale shall post in a
23    conspicuous place upon the premises a sign upon  which  there
24    shall  be imprinted the following statement, "SALE OF TOBACCO
25    ACCESSORIES AND  SMOKING  HERBS  TO  PERSONS  UNDER  NINETEEN
26    EIGHTEEN  YEARS  OF  AGE  OR  THE MISREPRESENTATION OF AGE TO
27    PROCURE SUCH A SALE IS PROHIBITED BY LAW".  The sign shall be
28    printed on a white card in red letters at least one-half inch
29    in height.
30    (Source: P.A. 91-734, eff. 1-1-01.)

31        Section  99.  Effective  date.   This  Act  takes  effect
32    January 1, 2004.