093_HB1383eng

 
HB1383 Engrossed                     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
 
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 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
 
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 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
 
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 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
 
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 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
 
HB1383 Engrossed            -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
 
HB1383 Engrossed            -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, 1, and  2
11    as 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"
 
HB1383 Engrossed            -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        The  provisions  of this Section do not apply in the case
26    of a person under 19 years of age who is 18 years of age  and
27    the  holder  of a valid United States Military Identification
28    Card.
29    (Source: P.A. 89-181, eff. 7-19-95.)

30        (720 ILCS 675/2) (from Ch. 23, par. 2358)
31        Sec. 2.  Except as otherwise provided  in  this  Section,
32    any  person  who violates any provision of this Act is guilty
33    of a petty offense and for the first offense shall  be  fined
 
HB1383 Engrossed            -9-      LRB093 10666 DRJ 11005 b
 1    $200,  $400  for the second offense in a 12-month period, and
 2    $600 for the third or any subsequent offense  in  a  12-month
 3    period.  One-half  of  each fine collected under this Section
 4    shall be distributed to the unit of local government or other
 5    entity that successfully prosecuted the offender and one-half
 6    shall be remitted to the State to be used for enforcing  this
 7    Act.
 8        A  person  who  violates  this Act on or after January 1,
 9    2004 and before January  1,  2005  by  selling,  buying  for,
10    distributing  samples of, or furnishing a cigar or cigarette,
11    smokeless tobacco, or tobacco in any of its forms to a person
12    18 years of age shall be issued a warning that he or she  has
13    violated  this  Act.  The  person may not be prosecuted under
14    this Act for such an act committed during that time period.
15    (Source: P.A. 88-418.)

16        Section 20.  The  Smokeless  Tobacco  Limitation  Act  is
17    amended by changing the title of the Act and Sections 3 and 4
18    as follows:

19        (720 ILCS 680/Act title)
20        An  Act to prohibit the sale or distribution of smokeless
21    tobacco products to persons under 19 18 years of age.

22        (720 ILCS 680/3) (from Ch. 23, par. 2358-23)
23        Sec. 3.  No  person  shall  sell  any  smokeless  tobacco
24    product  to  any person under the age of 19 unless the person
25    under the age of 19 is 18 years of age and the  holder  of  a
26    valid  United  States  Military  Identification Card 18.  Any
27    person who  violates  this  Section  shall  be  guilty  of  a
28    business  offense  punishable  by a fine of not more than $50
29    for each violation.
30    (Source: P.A. 85-465.)
 
HB1383 Engrossed            -10-     LRB093 10666 DRJ 11005 b
 1        (720 ILCS 680/4) (from Ch. 23, par. 2358-24)
 2        Sec. 4.  No  person  shall  distribute  or  cause  to  be
 3    distributed  to  any  person  under the age of 19 18, without
 4    charge or at a nominal cost, any  smokeless  tobacco  product
 5    unless  the person under the age of 19 is 18 years of age and
 6    the holder of a valid United States  Military  Identification
 7    Card.  Except  as  otherwise  provided  in  this Section, any
 8    person who  violates  this  Section  shall  be  guilty  of  a
 9    business  offense punishable for a first offense by a fine of
10    $200, for a second offense in a 12-month period by a fine  of
11    $400,  and  for  the  third  or  any  subsequent offense in a
12    12-month period by a fine of  $600.  One-half  of  each  fine
13    collected under this Section shall be distributed to the unit
14    of   local  government  or  other  entity  that  successfully
15    prosecuted the offender and one-half shall be remitted to the
16    State to be used for the enforcement of this Act.
17        A person who violates this Section on or after January 1,
18    2004 and before January 1, 2005 by distributing or causing to
19    be distributed a smokeless tobacco product  to  a  person  18
20    years  of  age  shall  be issued a warning that he or she has
21    violated this Section. The person may not be prosecuted under
22    this Act for such an act committed during that time period.
23    (Source: P.A. 88-418.)

24        Section 25.  The Tobacco Accessories  and  Smoking  Herbs
25    Control  Act  is amended by changing the title of the Act and
26    Sections 2, 4, and 5 as follows:

27        (720 ILCS 685/Act title)
28        An Act providing protection for  the  public  health  and
29    safety  by  prohibiting  the  sale  or  delivery  of  tobacco
30    accessories or smoking herbs to persons under 19 years of age
31    minors.
 
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 1        (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
 2        Sec.  2.  Purpose.  The sale and possession of marijuana,
 3    hashish, cocaine, opium and their derivatives,  is  not  only
 4    prohibited  by  Illinois Law, but the use of these substances
 5    has been deemed injurious to the health of the user.
 6        It has further been determined by the Surgeon General  of
 7    the  United  States  that  the use of tobacco is hazardous to
 8    human health.
 9        The ready availability of smoking herbs to persons  under
10    19  years  of age minors could lead to the use of tobacco and
11    illegal drugs.
12        It is in the best interests of the citizens of the  State
13    of  Illinois to seek to prohibit the spread of illegal drugs,
14    tobacco or smoking materials to persons under 19 years of age
15    minors.  The prohibition of the sale  of  tobacco  and  snuff
16    accessories  and  smoking  herbs to persons under 19 years of
17    age minors would help to curb the usage of illegal drugs  and
18    tobacco products, among our youth.
19    (Source: P.A. 82-487.)

20        (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
21        Sec. 4.  Offenses.
22        (a)  Sale  to  persons  under 19 years of age minors.  No
23    person shall knowingly sell,  barter,  exchange,  deliver  or
24    give away or cause or permit or procure to be sold, bartered,
25    exchanged,  delivered,  or  given away tobacco accessories or
26    smoking herbs to any person under 19 18 years of  age  unless
27    the  person  under 19 years of age is 18 years of age and the
28    holder of a valid United States Military Identification Card.
29        (a-5) Sale of bidi cigarettes. No person shall  knowingly
30    sell,   barter,  exchange,  deliver,  or  give  away  a  bidi
31    cigarette to another person, nor  shall  a  person  cause  or
32    permit  or  procure  a  bidi  cigarette to be sold, bartered,
33    exchanged, delivered, or given away to another person.
 
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 1        (b)  Sale of cigarette paper.  No person shall  knowingly
 2    offer, sell, barter, exchange, deliver or give away cigarette
 3    paper  or  cause,  permit,  or  procure cigarette paper to be
 4    sold, offered, bartered, exchanged, delivered, or given  away
 5    except  from premises or an establishment where other tobacco
 6    products are sold.  For purposes of  this  Section,  "tobacco
 7    products"  means  cigarettes,  cigars,  smokeless tobacco, or
 8    tobacco in any of its forms.
 9        (c)  Sale of cigarette paper from vending  machines.   No
10    person shall knowingly offer, sell, barter, exchange, deliver
11    or  give  away  cigarette  paper or cause, permit, or procure
12    cigarette paper to be  sold,  offered,  bartered,  exchanged,
13    delivered, or given away by use of a vending or coin-operated
14    machine  or device.  For purposes of this Section, "cigarette
15    paper" shall not include any paper that is incorporated  into
16    a  product  to  which  a  tax stamp must be affixed under the
17    Cigarette Tax Act or the Cigarette Use Tax Act.
18        (d)  Use of  identification  cards.   No  person  in  the
19    furtherance  or facilitation of obtaining smoking accessories
20    and smoking herbs shall display or  use  a  false  or  forged
21    identification   card   or  transfer,  alter,  or  deface  an
22    identification card.
23        (e)  Warning to persons under 19  years  of  age  minors.
24    Any   person,   firm,  partnership,  company  or  corporation
25    operating a place of business where tobacco  accessories  and
26    smoking  herbs  are  sold or offered for sale shall post in a
27    conspicuous place upon the premises a sign upon  which  there
28    shall  be imprinted the following statement, "SALE OF TOBACCO
29    ACCESSORIES AND  SMOKING  HERBS  TO  PERSONS  UNDER  NINETEEN
30    EIGHTEEN  YEARS  OF AGE (UNLESS EIGHTEEN YEARS OF AGE AND THE
31    HOLDER OF A VALID UNITED STATES MILITARY IDENTIFICATION CARD)
32    OR THE MISREPRESENTATION OF AGE TO PROCURE  SUCH  A  SALE  IS
33    PROHIBITED  BY  LAW".   The  sign shall be printed on a white
34    card in red letters at least one-half inch in height.
 
HB1383 Engrossed            -13-     LRB093 10666 DRJ 11005 b
 1    (Source: P.A. 91-734, eff. 1-1-01.)

 2        (720 ILCS 685/5) (from Ch. 23, par. 2358-5)
 3        Sec. 5.  Penalty.
 4        (a)  Except as otherwise provided in this subsection, any
 5    person who shall knowingly violate, or shall knowingly  cause
 6    the  violation  of  any  provision  of  this  Act  other than
 7    subsection (a-5) of Section 4 shall be guilty of  a  Class  C
 8    misdemeanor.
 9        A  person who knowingly violates, or knowingly causes the
10    violation of, subsection (a) of Section 4 on or after January
11    1, 2004 and before January 1,  2005  by  selling,  bartering,
12    exchanging,   delivering,   or   giving   away,  or  causing,
13    permitting, or procuring to  be  sold,  bartered,  exchanged,
14    delivered,  or  given  away,  tobacco  accessories or smoking
15    herbs to a person 18 years of age shall be issued  a  warning
16    that  he or she has violated subsection (a) of Section 4. The
17    person may not be prosecuted under this Act for such  an  act
18    committed during that time period.
19        (b)  Any  person  who  knowingly  violates  or  knowingly
20    causes  the  violation  of  subsection  (a-5) of Section 4 is
21    guilty of a petty offense for which the offender may be fined
22    an amount as follows:
23             (1)  For a first offense, not less than $100 and not
24        more than $500.
25             (2)  For a second offense within  a  2-year  period,
26        not less than $250 and not more than $500.
27             (3)  For  a  third  or  subsequent  offense within a
28        2-year period, not less  than  $500  and  not  more  than
29        $1,000.
30    (Source: P.A. 91-734, eff. 1-1-01.)

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