Illinois General Assembly - Full Text of HB4050
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Full Text of HB4050  102nd General Assembly

HB4050 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4050

 

Introduced 3/17/2021, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
New Act
35 ILCS 130/6  from Ch. 120, par. 453.6
35 ILCS 135/6  from Ch. 120, par. 453.36
35 ILCS 143/10-25
720 ILCS 678/2
720 ILCS 678/5

    Creates the Flavored Electronic Cigarette Ban Act. Prohibits the sale, offering for sale, or possession with intent to sell of any flavored electronic cigarette or related flavor product. Provides an exception for products that have obtained a tobacco product clearance order. Prohibits the ordering or purchasing or shipping of a flavored electronic cigarette or related flavor product to any person in this State. Provides that the Department of Human Services shall enforce the Act and may adopt rules or guidelines for the implementation and enforcement of the Act. Amends the Cigarette Tax Act, the Cigarette Use Tax Act, and the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the licenses of entities licensed under those Acts that violate the Flavored Electronic Cigarette Ban Act. Amends the Prevention of Cigarette Sales to Persons under 21 Years of Age Act. Refers to cigarettes, electronic cigarettes, and related flavor products (instead of only cigarettes) in various defined terms. Includes electronic cigarettes and related flavor products in provisions regarding unlawful shipment or transportation of cigarettes. Effective June 1, 2021.


LRB102 17549 CPF 23191 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4050LRB102 17549 CPF 23191 b

1    AN ACT concerning health.
 
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
5Flavored Electronic Cigarette Ban Act.
 
6    Section 5. Definitions. In this Act:
7    "Characterizing flavor" means a distinguishable taste or
8aroma, other than the taste or aroma of tobacco or menthol,
9imparted by an electronic cigarette or related flavor product,
10or any by-product produced by the electronic cigarette or
11related flavor product. "Characterizing flavor" includes, but
12is not limited to, tastes or aromas relating to any fruit,
13chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
14beverage, mint, wintergreen, herb, or spice. An electronic
15cigarette or related flavor product does not have a
16characterizing flavor solely because of the use of additives
17or flavorings or the provision of ingredient information.
18    "Constituent" means any ingredient, substance, chemical,
19or compound, other than water, that is added to an electronic
20cigarette or related flavor product.
21    "Department" means the Department of Human Services.
22    "Distinguishable" means perceivable by either the sense of
23smell or taste.

 

 

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

 

 

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1product, or for other medical purposes that is marketed and
2sold solely for that approved purpose; any asthma inhaler
3prescribed by a physician for that condition that is marketed
4and sold solely for that approved purpose; any therapeutic
5product approved for use under the Compassionate Use of
6Medical Cannabis Program Act; or cannabis as defined in
7Section 1-10 of the Cannabis Regulation and Tax Act.
8    "Flavored electronic cigarette" means any electronic
9cigarette containing a constituent that imparts a
10characterizing flavor.
11    "Labeling" means written, printed, pictorial, or graphic
12matter upon any electronic cigarette or related flavor product
13or any packaging of an electronic cigarette or related flavor
14product.
15    "Packaging" means a pack, box, carton, or container of any
16kind or, if no other container, any wrapping or cellophane in
17which an electronic cigarette or related flavor product is
18sold or offered for sale to a consumer.
19    "Related flavor product" means any flavor product intended
20for or traditionally used with tobacco, including papers,
21wraps, tubes, or filters. A product of a type which has in the
22past been used in conjunction with tobacco or nicotine use
23shall be deemed a "related flavor product" regardless of any
24labeling or descriptive language on the product stating that
25the product is not intended for use with tobacco, is for
26non-tobacco use only, or other similar language.

 

 

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1    "Retailer" means a person who engages in this State in the
2sale, or offering for sale, of flavored electronic cigarettes
3or related flavor products for use or consumption and not for
4resale in any form. "Retailer" includes a retailer as that
5term is defined in Section 1 of the Cigarette Tax Act and
6Section 10-5 of the Tobacco Products Tax Act of 1995.
7    "Secondary distributor" means a secondary distributor as
8that term is defined in Section 1 of the Cigarette Tax Act or
9Section 1 of the Cigarette Use Tax Act.
10    "Smokeless nicotine product" means nicotine that is in the
11form of a solid, gel, gum, or paste that is intended for human
12consumption, placement in the oral or nasal cavity, or
13absorption into the human body by any other means. "Smokeless
14nicotine product" does not include any tobacco product or
15cigarette.
16    "Tobacco product" means any product containing or made
17from tobacco that is intended for human consumption, whether
18smoked, heated, chewed, absorbed, dissolved, inhaled, snorted,
19sniffed, or ingested by any other means, including, but not
20limited to, cigarettes, cigars, little cigars, chewing
21tobacco, pipe tobacco, snuff, snus, and any other smokeless
22tobacco product which contains tobacco that is finely cut,
23ground, powdered, or leaf and intended to be placed in the oral
24cavity. "Tobacco product" includes any component, part, or
25accessory of a tobacco product, whether or not sold
26separately. "Tobacco product" does not include an electronic

 

 

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1cigarette, a smokeless nicotine product, an alternative
2nicotine product, or any product that has been approved by the
3United States Food and Drug Administration for sale as a
4tobacco cessation product, as a tobacco dependence product, or
5for other medical purposes, and is being marketed and sold
6solely for that approved purpose.
 
7    Section 10. Prohibitions.
8    (a) A retailer, or any of a retailer's agents or
9employees, may not sell, offer for sale, or possess with the
10intent to sell or offer for sale a flavored electronic
11cigarette or related flavor product.
12    (b) A distributor or secondary distributor may not sell,
13offer for sale, or possess with intent to sell or offer for
14sale a flavored electronic cigarette or related flavor product
15in this State. There is a rebuttable presumption that a
16distributor or secondary distributor possesses a flavored
17electronic cigarette or related flavor product with the intent
18to sell in the State if the distributor or secondary
19distributor cannot provide, upon request, evidence that the
20product is intended for order or purchase from without the
21State.
22    (c) There is a rebuttable presumption that an electronic
23cigarette or product is a flavored electronic cigarette or
24related flavor product if a manufacturer or any of a
25manufacturer's agents or employees, in the course of their

 

 

HB4050- 6 -LRB102 17549 CPF 23191 b

1agency or employment, has made a statement or claim directed
2to consumers or to the public that the electronic cigarette or
3related flavor product has or produces a characterizing
4flavor, including, but not limited to, text, color, or images
5on the product's labeling or packaging that are used to
6explicitly or implicitly communicate or suggest that the
7electronic cigarette or related flavor product has a
8characterizing flavor. A product with labeling or packaging
9that suggests the presence of a characterizing flavor is
10presumed to be a flavored electronic cigarette or related
11flavor product.
12    (d) This Section does not apply to any flavored electronic
13cigarette that has obtained a tobacco product clearance order
14pursuant to Section 387j of Title 21 of the United States Code.
15    (e) A distributor, secondary distributor, or retailer, or
16any of a retailer's agents or employees, shall not fulfill an
17order for, or allow a flavored electronic cigarette or related
18flavor product to be purchased by, or shipped to, any person in
19this State. As used in this subsection, "ordered or purchased"
20includes:
21        (1) a consumer submitting an order for sale by means
22    of:
23            (A) a telephone or other method of voice
24        transmission;
25            (B) the mail; or
26            (C) the Internet or other online service; or

 

 

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1        (2) situations where the seller is otherwise not in
2    the physical presence of the buyer when the request for
3    purchase or order is made.
4    This subsection (e) applies regardless of whether the
5retailer is located within the State or not.
 
6    Section 15. Administrative rules; enforcement. The
7Department shall enforce this Act and may adopt rules or
8guidelines for the implementation and enforcement of this Act.
 
9    Section 20. Violations. Upon a decision by the Department
10after notice and hearing that a distributor, secondary
11distributor, or retailer, or any of a retailer's agents or
12employees, has engaged in any conduct that violates this Act,
13the Department of Revenue may suspend: that distributor's
14license under Section 6 of the Cigarette Tax Act, Section 6 of
15the Cigarette Use Tax Act, or Section 10-25 of the Tobacco
16Products Tax Act of 1995; that secondary distributor's license
17under Section 6 of the Cigarette Tax Act or Section 6 of the
18Cigarette Use Tax Act; or that retailer's license under
19Section 6 of the Cigarette Tax Act or Section 10-25 of the
20Tobacco Products Tax Act of 1995. Any suspension shall be
21preceded by a notice from the Department of Revenue of the
22initial determination or violation. A license shall be
23suspended 3 days for a first violation, 7 days for a second
24violation, and 30 days for a third and each subsequent

 

 

HB4050- 8 -LRB102 17549 CPF 23191 b

1violation.
2    The Department of Revenue shall impose a civil penalty not
3to exceed $5,000 on any person engaged in the business of
4selling flavored electronic cigarettes or related flavor
5products who ships or causes to be shipped any flavored
6electronic cigarettes or related flavor products to any person
7in this State in violation of subsection (e) of Section 10.
8Civil penalties imposed and collected by the Department under
9this subsection shall be deposited into the Tax Compliance and
10Administration Fund.
 
11    Section 25. No conflict with federal or State law. Nothing
12in this Act shall be interpreted or applied to create any
13requirement, power, or duty that is preempted by federal or
14State law.
 
15    Section 90. The Cigarette Tax Act is amended by changing
16Section 6 as follows:
 
17    (35 ILCS 130/6)  (from Ch. 120, par. 453.6)
18    Sec. 6. Revocation, cancellation, or suspension of
19license. The Department may, after notice and hearing as
20provided for by this Act, revoke, cancel or suspend the
21license of any distributor, secondary distributor, or retailer
22for the violation of any provision of this Act, or for
23noncompliance with any provision herein contained, or for any

 

 

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1noncompliance with any lawful rule or regulation promulgated
2by the Department under Section 8 of this Act, or because the
3licensee is determined to be ineligible for a distributor's
4license for any one or more of the reasons provided for in
5Section 4 of this Act, or because the licensee is determined to
6be ineligible for a secondary distributor's license for any
7one or more of the reasons provided for in Section 4c of this
8Act, or because the licensee is determined to be ineligible
9for a retailer's license for any one or more of the reasons
10provided for in Section 4g of this Act. However, no such
11license shall be revoked, cancelled or suspended, except after
12a hearing by the Department with notice to the distributor,
13secondary distributor, or retailer, as aforesaid, and
14affording such distributor, secondary distributor, or retailer
15a reasonable opportunity to appear and defend, and any
16distributor, secondary distributor, or retailer aggrieved by
17any decision of the Department with respect thereto may have
18the determination of the Department judicially reviewed, as
19herein provided.
20    The Department may revoke, cancel, or suspend the license
21of any distributor for a violation of the Tobacco Product
22Manufacturers' Escrow Enforcement Act as provided in Section
2330 of that Act. The Department may revoke, cancel, or suspend
24the license of any secondary distributor for a violation of
25subsection (e) of Section 15 of the Tobacco Product
26Manufacturers' Escrow Enforcement Act.

 

 

HB4050- 10 -LRB102 17549 CPF 23191 b

1    The Department may suspend the license of any distributor,
2secondary distributor, or retailer for a violation of the
3Flavored Electronic Cigarette Ban Act as provided in Section
420 of that Act.
5    If the retailer has a training program that facilitates
6compliance with minimum-age tobacco laws, the Department shall
7suspend for 3 days the license of that retailer for a fourth or
8subsequent violation of the Prevention of Tobacco Use by
9Persons under 21 Years of Age and Sale and Distribution of
10Tobacco Products Act, as provided in subsection (a) of Section
112 of that Act. For the purposes of this Section, any violation
12of subsection (a) of Section 2 of the Prevention of Tobacco Use
13by Persons under 21 Years of Age and Sale and Distribution of
14Tobacco Products Act occurring at the retailer's licensed
15location during a 24-month period shall be counted as a
16violation against the retailer.
17    If the retailer does not have a training program that
18facilitates compliance with minimum-age tobacco laws, the
19Department shall suspend for 3 days the license of that
20retailer for a second violation of the Prevention of Tobacco
21Use by Persons under 21 Years of Age and Sale and Distribution
22of Tobacco Products Act, as provided in subsection (a-5) of
23Section 2 of that Act.
24    If the retailer does not have a training program that
25facilitates compliance with minimum-age tobacco laws, the
26Department shall suspend for 7 days the license of that

 

 

HB4050- 11 -LRB102 17549 CPF 23191 b

1retailer for a third violation of the Prevention of Tobacco
2Use by Persons under 21 Years of Age and Sale and Distribution
3of Tobacco Products Act, as provided in subsection (a-5) of
4Section 2 of that Act.
5    If the retailer does not have a training program that
6facilitates compliance with minimum-age tobacco laws, the
7Department shall suspend for 30 days the license of a retailer
8for a fourth or subsequent violation of the Prevention of
9Tobacco Use by Persons under 21 Years of Age and Sale and
10Distribution of Tobacco Products Act, as provided in
11subsection (a-5) of Section 2 of that Act.
12    A training program that facilitates compliance with
13minimum-age tobacco laws must include at least the following
14elements: (i) it must explain that only individuals displaying
15valid identification demonstrating that they are 21 years of
16age or older shall be eligible to purchase cigarettes or
17tobacco products and (ii) it must explain where a clerk can
18check identification for a date of birth. The training may be
19conducted electronically. Each retailer that has a training
20program shall require each employee who completes the training
21program to sign a form attesting that the employee has
22received and completed tobacco training. The form shall be
23kept in the employee's file and may be used to provide proof of
24training.
25    Any distributor, secondary distributor, or retailer
26aggrieved by any decision of the Department under this Section

 

 

HB4050- 12 -LRB102 17549 CPF 23191 b

1may, within 20 days after notice of the decision, protest and
2request a hearing. Upon receiving a request for a hearing, the
3Department shall give notice in writing to the distributor,
4secondary distributor, or retailer requesting the hearing that
5contains a statement of the charges preferred against the
6distributor, secondary distributor, or retailer and that
7states the time and place fixed for the hearing. The
8Department shall hold the hearing in conformity with the
9provisions of this Act and then issue its final administrative
10decision in the matter to the distributor, secondary
11distributor, or retailer. In the absence of a protest and
12request for a hearing within 20 days, the Department's
13decision shall become final without any further determination
14being made or notice given.
15    No license so revoked, as aforesaid, shall be reissued to
16any such distributor, secondary distributor, or retailer
17within a period of 6 months after the date of the final
18determination of such revocation. No such license shall be
19reissued at all so long as the person who would receive the
20license is ineligible to receive a distributor's license under
21this Act for any one or more of the reasons provided for in
22Section 4 of this Act, is ineligible to receive a secondary
23distributor's license under this Act for any one or more of the
24reasons provided for in Section 4c of this Act, or is
25determined to be ineligible for a retailer's license under the
26Act for any one or more of the reasons provided for in Section

 

 

HB4050- 13 -LRB102 17549 CPF 23191 b

14g of this Act.
2    The Department upon complaint filed in the circuit court
3may by injunction restrain any person who fails, or refuses,
4to comply with any of the provisions of this Act from acting as
5a distributor, secondary distributor, or retailer of
6cigarettes in this State.
7(Source: P.A. 101-2, eff. 7-1-19.)
 
8    Section 95. The Cigarette Use Tax Act is amended by
9changing Section 6 as follows:
 
10    (35 ILCS 135/6)  (from Ch. 120, par. 453.36)
11    Sec. 6. Revocation, cancellation, or suspension of
12license. The Department may, after notice and hearing as
13provided for by this Act, revoke, cancel or suspend the
14license of any distributor or secondary distributor for the
15violation of any provision of this Act, or for non-compliance
16with any provision herein contained, or for any non-compliance
17with any lawful rule or regulation promulgated by the
18Department under Section 21 of this Act, or because the
19licensee is determined to be ineligible for a distributor's
20license for any one or more of the reasons provided for in
21Section 4 of this Act, or because the licensee is determined to
22be ineligible for a secondary distributor's license for any
23one or more of the reasons provided for in Section 4b or
24Section 7a of this Act. However, no such license shall be

 

 

HB4050- 14 -LRB102 17549 CPF 23191 b

1revoked, canceled or suspended, except after a hearing by the
2Department with notice to the distributor or secondary
3distributor, as aforesaid, and affording such distributor or
4secondary distributor a reasonable opportunity to appear and
5defend, and any distributor or secondary distributor aggrieved
6by any decision of the Department with respect thereto may
7have the determination of the Department judicially reviewed,
8as herein provided.
9    The Department may revoke, cancel, or suspend the license
10of any distributor for a violation of the Tobacco Product
11Manufacturers' Escrow Enforcement Act as provided in Section
1230 of that Act. The Department may revoke, cancel, or suspend
13the license of any secondary distributor for a violation of
14subsection (e) of Section 15 of the Tobacco Product
15Manufacturers' Escrow Enforcement Act.
16    The Department may suspend the license of any distributor
17or secondary distributor for a violation of the Flavored
18Electronic Cigarette Ban Act as provided in Section 20 of that
19Act.
20    Any distributor or secondary distributor aggrieved by any
21decision of the Department under this Section may, within 20
22days after notice of the decision, protest and request a
23hearing. Upon receiving a request for a hearing, the
24Department shall give notice in writing to the distributor or
25secondary distributor requesting the hearing that contains a
26statement of the charges preferred against the distributor or

 

 

HB4050- 15 -LRB102 17549 CPF 23191 b

1secondary distributor and that states the time and place fixed
2for the hearing. The Department shall hold the hearing in
3conformity with the provisions of this Act and then issue its
4final administrative decision in the matter to the distributor
5or secondary distributor. In the absence of a protest and
6request for a hearing within 20 days, the Department's
7decision shall become final without any further determination
8being made or notice given.
9    No license so revoked, shall be reissued to any such
10distributor or secondary distributor within a period of 6
11months after the date of the final determination of such
12revocation. No such license shall be reissued at all so long as
13the person who would receive the license is ineligible to
14receive a distributor's license under this Act for any one or
15more of the reasons provided for in Section 4 of this Act or is
16ineligible to receive a secondary distributor's license under
17this Act for any one or more of the reasons provided for in
18Section 4b and Section 7a of this Act.
19    The Department upon complaint filed in the circuit court
20may by injunction restrain any person who fails, or refuses,
21to comply with this Act from acting as a distributor or
22secondary distributor of cigarettes in this State.
23(Source: P.A. 96-1027, eff. 7-12-10.)
 
24    Section 100. The Tobacco Products Tax Act of 1995 is
25amended by changing Section 10-25 as follows:
 

 

 

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1    (35 ILCS 143/10-25)
2    Sec. 10-25. License actions.
3    (a) The Department may, after notice and a hearing,
4revoke, cancel, or suspend the license of any distributor or
5retailer who violates any of the provisions of this Act, fails
6to keep books and records as required under this Act, fails to
7make books and records available for inspection upon demand by
8a duly authorized employee of the Department, or violates a
9rule or regulation of the Department for the administration
10and enforcement of this Act. The notice shall specify the
11alleged violation or violations upon which the revocation,
12cancellation, or suspension proceeding is based.
13    (b) The Department may revoke, cancel, or suspend the
14license of any distributor for a violation of the Tobacco
15Product Manufacturers' Escrow Enforcement Act as provided in
16Section 20 of that Act.
17    (b-5) The Department may suspend the license of any
18distributor or retailer for a violation of the Flavored
19Electronic Cigarette Ban Act as provided in Section 20 of that
20Act.
21    (c) If the retailer has a training program that
22facilitates compliance with minimum-age tobacco laws, the
23Department shall suspend for 3 days the license of that
24retailer for a fourth or subsequent violation of the
25Prevention of Tobacco Use by Persons under 21 Years of Age and

 

 

HB4050- 17 -LRB102 17549 CPF 23191 b

1Sale and Distribution of Tobacco Products Act, as provided in
2subsection (a) of Section 2 of that Act. For the purposes of
3this Section, any violation of subsection (a) of Section 2 of
4the Prevention of Tobacco Use by Persons under 21 Years of Age
5and Sale and Distribution of Tobacco Products Act occurring at
6the retailer's licensed location, during a 24-month period,
7shall be counted as a violation against the retailer.
8    If the retailer does not have a training program that
9facilitates compliance with minimum-age tobacco laws, the
10Department shall suspend for 3 days the license of that
11retailer for a second violation of the Prevention of Tobacco
12Use by Persons under 21 Years of Age and Sale and Distribution
13of Tobacco Products Act, as provided in subsection (a-5) of
14Section 2 of that Act.
15    If the retailer does not have a training program that
16facilitates compliance with minimum-age tobacco laws, the
17Department shall suspend for 7 days the license of that
18retailer for a third violation of the Prevention of Tobacco
19Use by Persons under 21 Years of Age and Sale and Distribution
20of Tobacco Products Act, as provided in subsection (a-5) of
21Section 2 of that Act.
22    If the retailer does not have a training program that
23facilitates compliance with minimum-age tobacco laws, the
24Department shall suspend for 30 days the license of a retailer
25for a fourth or subsequent violation of the Prevention of
26Tobacco Use by Persons under 21 Years of Age and Sale and

 

 

HB4050- 18 -LRB102 17549 CPF 23191 b

1Distribution of Tobacco Products Act, as provided in
2subsection (a-5) of Section 2 of that Act.
3    A training program that facilitates compliance with
4minimum-age tobacco laws must include at least the following
5elements: (i) it must explain that only individuals displaying
6valid identification demonstrating that they are 21 years of
7age or older shall be eligible to purchase cigarettes or
8tobacco products and (ii) it must explain where a clerk can
9check identification for a date of birth. The training may be
10conducted electronically. Each retailer that has a training
11program shall require each employee who completes the training
12program to sign a form attesting that the employee has
13received and completed tobacco training. The form shall be
14kept in the employee's file and may be used to provide proof of
15training.
16    (d) The Department may, by application to any circuit
17court, obtain an injunction restraining any person who engages
18in business as a distributor of tobacco products without a
19license (either because his or her license has been revoked,
20canceled, or suspended or because of a failure to obtain a
21license in the first instance) from engaging in that business
22until that person, as if that person were a new applicant for a
23license, complies with all of the conditions, restrictions,
24and requirements of Section 10-20 of this Act and qualifies
25for and obtains a license. Refusal or neglect to obey the order
26of the court may result in punishment for contempt.

 

 

HB4050- 19 -LRB102 17549 CPF 23191 b

1(Source: P.A. 100-940, eff. 8-17-18; 101-2, eff. 7-1-19.)
 
2    Section 105. The Prevention of Cigarette Sales to Persons
3under 21 Years of Age Act is amended by changing Sections 2 and
45 as follows:
 
5    (720 ILCS 678/2)
6    Sec. 2. Definitions. For the purpose of this Act:
7    "Cigarette", when used in this Act, means any roll for
8smoking made wholly or in part of tobacco irrespective of size
9or shape and whether or not the tobacco is flavored,
10adulterated, or mixed with any other ingredient, and the
11wrapper or cover of which is made of paper or any other
12substance or material except whole leaf tobacco.
13    "Clear and conspicuous statement" means the statement is
14of sufficient type size to be clearly readable by the
15recipient of the communication.
16    "Consumer" means an individual who acquires or seeks to
17acquire cigarettes, electronic cigarettes, or related flavor
18products for personal use.
19    "Delivery sale" means any sale of cigarettes, electronic
20cigarettes, or related flavor products to a consumer if:
21        (a) the consumer submits the order for such sale by
22    means of a telephone or other method of voice
23    transmission, the mails, or the Internet or other online
24    service, or the seller is otherwise not in the physical

 

 

HB4050- 20 -LRB102 17549 CPF 23191 b

1    presence of the buyer when the request for purchase or
2    order is made; or
3        (b) the cigarettes, electronic cigarettes, or related
4    flavor products are delivered by use of a common carrier,
5    private delivery service, or the mails, or the seller is
6    not in the physical presence of the buyer when the buyer
7    obtains possession of the cigarettes, electronic
8    cigarettes, or related flavor products.
9    "Delivery service" means any person (other than a person
10that makes a delivery sale) who delivers to the consumer the
11cigarettes, electronic cigarettes, or related flavor products
12sold in a delivery sale.
13    "Department" means the Department of Revenue.
14    "Government-issued identification" means a State driver's
15license, State identification card, passport, a military
16identification or an official naturalization or immigration
17document, such as an alien registration recipient card
18(commonly known as a "green card") or an immigrant visa.
19    "Mails" or "mailing" mean the shipment of cigarettes,
20electronic cigarettes, or related flavor products through the
21United States Postal Service.
22    "Out-of-state sale" means a sale of cigarettes, electronic
23cigarettes, or related flavor products to a consumer located
24outside of this State where the consumer submits the order for
25such sale by means of a telephonic or other method of voice
26transmission, the mails or any other delivery service,

 

 

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1facsimile transmission, or the Internet or other online
2service and where the cigarettes, electronic cigarettes, or
3related flavor products are delivered by use of the mails or
4other delivery service.
5    "Person" means any individual, corporation, partnership,
6limited liability company, association, or other organization
7that engages in any for-profit or not-for-profit activities.
8    "Shipping package" means a container in which packs or
9cartons of cigarettes, electronic cigarettes, or related
10flavor products are shipped in connection with a delivery
11sale.
12    "Shipping documents" means bills of lading, air bills, or
13any other documents used to evidence the undertaking by a
14delivery service to deliver letters, packages, or other
15containers.
16(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
17    (720 ILCS 678/5)
18    Sec. 5. Unlawful shipment or transportation of cigarettes,
19electronic cigarettes, or related flavor products.
20    (a) It is unlawful for any person engaged in the business
21of selling cigarettes, electronic cigarettes, or related
22flavor products to ship or cause to be shipped any cigarettes,
23electronic cigarettes, or related flavor products unless the
24person shipping the cigarettes:
25        (1) is licensed as a distributor under either the

 

 

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1    Cigarette Tax Act, or the Cigarette Use Tax Act, or the
2    Tobacco Products Tax Act of 1995; or delivers the
3    cigarettes, electronic cigarettes, or related flavor
4    products to a distributor licensed under either the
5    Cigarette Tax Act, or the Cigarette Use Tax Act, or the
6    Tobacco Products Tax Act of 1995; or
7        (2) ships them to an export warehouse proprietor
8    pursuant to Chapter 52 of the Internal Revenue Code, or an
9    operator of a customs bonded warehouse pursuant to Section
10    1311 or 1555 of Title 19 of the United States Code.
11    For purposes of this subsection (a), a person is a
12licensed distributor if the person's name appears on a list of
13licensed distributors published by the Illinois Department of
14Revenue. The term cigarette has the same meaning as defined in
15Section 1 of the Cigarette Tax Act and Section 1 of the
16Cigarette Use Tax Act. The term electronic cigarette has the
17same meaning as defined in Section 10-5 of the Tobacco
18Products Tax Act of 1995. The term related flavor product has
19the same meaning as defined in Section 5 of the Flavored
20Electronic Cigarette Ban Act. Nothing in this Act prohibits a
21person licensed as a distributor under the Cigarette Tax Act
22or the Cigarette Use Tax Act from shipping or causing to be
23shipped any cigarettes to a registered retailer under the
24Retailers' Occupation Tax Act provided the cigarette tax or
25cigarette use tax has been paid.
26    (b) A common or contract carrier may transport cigarettes

 

 

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1to any individual person in this State only if the carrier
2reasonably believes such cigarettes have been received from a
3person described in paragraph (a)(1). Common or contract
4carriers may make deliveries of cigarettes to licensed
5distributors described in paragraph (a)(1) of this Section.
6Nothing in this subsection (b) shall be construed to prohibit
7a person other than a common or contract carrier from
8transporting not more than 1,000 cigarettes at any one time to
9any person in this State.
10    (c) A common or contract carrier may not complete the
11delivery of any cigarettes to persons other than those
12described in paragraph (a)(1) of this Section without first
13obtaining from the purchaser an official written
14identification from any state or federal agency that displays
15the person's date of birth or a birth certificate that
16includes a reliable confirmation that the purchaser is at
17least 21 years of age; that the cigarettes purchased are not
18intended for consumption by an individual who is younger than
1921 years of age; and a written statement signed by the
20purchaser that certifies the purchaser's address and that the
21purchaser is at least 21 years of age. The statement shall also
22confirm: (1) that the purchaser understands that signing
23another person's name to the certification is illegal; (2)
24that the sale of cigarettes to individuals under 21 years of
25age is illegal; and (3) that the purchase of cigarettes by
26individuals under 21 years of age is illegal under the laws of

 

 

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1Illinois.
2    (d) When a person engaged in the business of selling
3cigarettes ships or causes to be shipped any cigarettes to any
4person in this State, other than in the cigarette
5manufacturer's or tobacco products manufacturer's original
6container or wrapping, the container or wrapping must be
7plainly and visibly marked with the word "cigarettes".
8    (e) When a peace officer of this State or any duly
9authorized officer or employee of the Illinois Department of
10Public Health or Department of Revenue discovers any
11cigarettes, electronic cigarettes, or related flavor products
12which have been or which are being shipped or transported in
13violation of this Section, he or she shall seize and take
14possession of the cigarettes, electronic cigarettes, or
15related flavor products, and the cigarettes shall be subject
16to a forfeiture action pursuant to the procedures provided
17under the Cigarette Tax Act or Cigarette Use Tax Act.
18(Source: P.A. 101-2, eff. 7-1-19.)
 
19    Section 997. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.
 
21    Section 999. Effective date. This Act takes effect June 1,
222021.