Illinois General Assembly - Full Text of HB0778
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0778  102nd General Assembly

HB0778 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0778

 

Introduced 2/10/2021, by Rep. Tim Butler

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 675/1  from Ch. 23, par. 2357
720 ILCS 675/2  from Ch. 23, par. 2358

    Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that a person under 21 years of age may not possess any tobacco product, electronic cigarette, or alternative nicotine product. Provides that a violation is a Class A misdemeanor.


LRB102 11993 KMF 17329 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0778LRB102 11993 KMF 17329 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Prevention of Tobacco Use by Persons under
521 Years of Age and Sale and Distribution of Tobacco Products
6Act is amended by changing Sections 1 and 2 as follows:
 
7    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
8    Sec. 1. Prohibition on sale of tobacco products,
9electronic cigarettes, and alternative nicotine products to
10persons under 21 years of age; prohibition on the distribution
11of tobacco product samples, electronic cigarette samples, and
12alternative nicotine product samples to any person; use of
13identification cards; vending machines; lunch wagons;
14out-of-package sales.
15    (a) No person under 21 years of age shall buy any tobacco
16product, electronic cigarette, or alternative nicotine
17product. No person shall sell, buy for, distribute samples of
18or furnish any tobacco product, electronic cigarette, or any
19alternative nicotine product to any person under 21 years of
20age.
21    (a-5) No person under 16 years of age may sell any tobacco
22product, electronic cigarette, or alternative nicotine product
23at a retail establishment selling tobacco products, electronic

 

 

HB0778- 2 -LRB102 11993 KMF 17329 b

1cigarettes, or alternative nicotine products. This subsection
2does not apply to a sales clerk in a family-owned business
3which can prove that the sales clerk is in fact a son or
4daughter of the owner.
5    (a-5.1) Before selling, offering for sale, giving, or
6furnishing a tobacco product, electronic cigarette, or
7alternative nicotine product to another person, the person
8selling, offering for sale, giving, or furnishing the tobacco
9product, electronic cigarette, or alternative nicotine product
10shall verify that the person is at least 21 years of age by:
11        (1) examining from any person that appears to be under
12    30 years of age a government-issued photographic
13    identification that establishes the person to be 21 years
14    of age or older; or
15        (2) for sales of tobacco products, electronic
16    cigarettes, or alternative nicotine products made through
17    the Internet or other remote sales methods, performing an
18    age verification through an independent, third party age
19    verification service that compares information available
20    from public records to the personal information entered by
21    the person during the ordering process that establishes
22    the person is 21 years of age or older.
23    (a-6) No person under 21 years of age in the furtherance or
24facilitation of obtaining any tobacco product, electronic
25cigarette, or alternative nicotine product shall display or
26use a false or forged identification card or transfer, alter,

 

 

HB0778- 3 -LRB102 11993 KMF 17329 b

1or deface an identification card.
2    (a-7) (Blank).
3    (a-7.5) A person under 21 years of age may not possess any
4tobacco product, electronic cigarette, or alternative nicotine
5product.
6    (a-8) A person shall not distribute without charge samples
7of any tobacco product to any other person, regardless of age,
8except for smokeless tobacco in an adult-only facility.
9    This subsection (a-8) does not apply to the distribution
10of a tobacco product, electronic cigarette, or alternative
11nicotine product sample in any adult-only facility.
12    (a-9) For the purpose of this Section:
13        "Adult-only facility" means a facility or restricted
14    area (whether open-air or enclosed) where the operator
15    ensures or has a reasonable basis to believe (such as by
16    checking identification as required under State law, or by
17    checking the identification of any person appearing to be
18    under the age of 30) that no person under legal age is
19    present. A facility or restricted area need not be
20    permanently restricted to persons under 21 years of age to
21    constitute an adult-only facility, provided that the
22    operator ensures or has a reasonable basis to believe that
23    no person under 21 years of age is present during the event
24    or time period in question.
25        "Alternative nicotine product" means a product or
26    device not consisting of or containing tobacco that

 

 

HB0778- 4 -LRB102 11993 KMF 17329 b

1    provides for the ingestion into the body of nicotine,
2    whether by chewing, smoking, absorbing, dissolving,
3    inhaling, snorting, sniffing, or by any other means.
4    "Alternative nicotine product" does not include:
5    cigarettes as defined in Section 1 of the Cigarette Tax
6    Act and tobacco products as defined in Section 10-5 of the
7    Tobacco Products Tax Act of 1995; tobacco product and
8    electronic cigarette as defined in this Section; or any
9    product approved by the United States Food and Drug
10    Administration for sale as a tobacco cessation product, as
11    a tobacco dependence product, or for other medical
12    purposes, and is being marketed and sold solely for that
13    approved purpose.
14        "Electronic cigarette" means:
15            (1) any device that employs a battery or other
16        mechanism to heat a solution or substance to produce a
17        vapor or aerosol intended for inhalation;
18            (2) any cartridge or container of a solution or
19        substance intended to be used with or in the device or
20        to refill the device; or
21            (3) any solution or substance, whether or not it
22        contains nicotine intended for use in the device.
23        "Electronic cigarette" includes, but is not limited
24    to, any electronic nicotine delivery system, electronic
25    cigar, electronic cigarillo, electronic pipe, electronic
26    hookah, vape pen, or similar product or device, and any

 

 

HB0778- 5 -LRB102 11993 KMF 17329 b

1    components or parts that can be used to build the product
2    or device. "Electronic cigarette" does not include:
3    cigarettes as defined in Section 1 of the Cigarette Tax
4    Act and tobacco products as defined in Section 10-5 of the
5    Tobacco Products Tax Act of 1995; tobacco product and
6    alternative nicotine product as defined in this Section;
7    any product approved by the United States Food and Drug
8    Administration for sale as a tobacco cessation product, as
9    a tobacco dependence product, or for other medical
10    purposes, and is being marketed and sold solely for that
11    approved purpose; any asthma inhaler prescribed by a
12    physician for that condition and is being marketed and
13    sold solely for that approved purpose; or any therapeutic
14    product approved for use under the Compassionate Use of
15    Medical Cannabis Pilot Program Act.
16        "Lunch wagon" means a mobile vehicle designed and
17    constructed to transport food and from which food is sold
18    to the general public.
19        "Nicotine" means any form of the chemical nicotine,
20    including any salt or complex, regardless of whether the
21    chemical is naturally or synthetically derived.
22        "Tobacco product" means any product containing or made
23    from tobacco that is intended for human consumption,
24    whether smoked, heated, chewed, absorbed, dissolved,
25    inhaled, snorted, sniffed, or ingested by any other means,
26    including, but not limited to, cigarettes, cigars, little

 

 

HB0778- 6 -LRB102 11993 KMF 17329 b

1    cigars, chewing tobacco, pipe tobacco, snuff, snus, and
2    any other smokeless tobacco product which contains tobacco
3    that is finely cut, ground, powdered, or leaf and intended
4    to be placed in the oral cavity. "Tobacco product"
5    includes any component, part, or accessory of a tobacco
6    product, whether or not sold separately. "Tobacco product"
7    does not include: an electronic cigarette and alternative
8    nicotine product as defined in this Section; or any
9    product that has been approved by the United States Food
10    and Drug Administration for sale as a tobacco cessation
11    product, as a tobacco dependence product, or for other
12    medical purposes, and is being marketed and sold solely
13    for that approved purpose.
14    (b) Tobacco products, electronic cigarettes, and
15alternative nicotine products may be sold through a vending
16machine only if such tobacco products, electronic cigarettes,
17and alternative nicotine products are not placed together with
18any non-tobacco product, other than matches, in the vending
19machine and the vending machine is in any of the following
20locations:
21        (1) (Blank).
22        (2) Places to which persons under 21 years of age are
23    not permitted access at any time.
24        (3) Places where alcoholic beverages are sold and
25    consumed on the premises and vending machine operation is
26    under the direct supervision of the owner or manager.

 

 

HB0778- 7 -LRB102 11993 KMF 17329 b

1        (4) (Blank).
2        (5) (Blank).
3    (c) (Blank).
4    (d) The sale or distribution by any person of a tobacco
5product as defined in this Section, including but not limited
6to a single or loose cigarette, that is not contained within a
7sealed container, pack, or package as provided by the
8manufacturer, which container, pack, or package bears the
9health warning required by federal law, is prohibited.
10    (e) It is not a violation of this Act for a person under 21
11years of age to purchase a tobacco product, electronic
12cigarette, or alternative nicotine product if the person under
13the age of 21 purchases or is given the tobacco product,
14electronic cigarette, or alternative nicotine product in any
15of its forms from a retail seller of tobacco products,
16electronic cigarettes, or alternative nicotine products or an
17employee of the retail seller pursuant to a plan or action to
18investigate, patrol, or otherwise conduct a "sting operation"
19or enforcement action against a retail seller of tobacco
20products, electronic cigarettes, or alternative nicotine
21products or a person employed by the retail seller of tobacco
22products, electronic cigarettes, or alternative nicotine
23products or on any premises authorized to sell tobacco
24products, electronic cigarettes, or alternative nicotine
25products to determine if tobacco products, electronic
26cigarettes, or alternative nicotine products are being sold or

 

 

HB0778- 8 -LRB102 11993 KMF 17329 b

1given to persons under 21 years of age if the "sting operation"
2or enforcement action is approved by, conducted by, or
3conducted on behalf of the Department of State Police, the
4county sheriff, a municipal police department, the Department
5of Revenue, the Department of Public Health, or a local health
6department. The results of any sting operation or enforcement
7action, including the name of the clerk, shall be provided to
8the retail seller within 7 business days.
9(Source: P.A. 101-2, eff. 7-1-19.)
 
10    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
11    Sec. 2. Penalties.
12    (a) Any person who violates subsection (a), (a-5),
13(a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty
14of a petty offense. For the first offense in a 24-month period,
15the person shall be fined $200 if his or her employer has a
16training program that facilitates compliance with minimum-age
17tobacco laws. For the second offense in a 24-month period, the
18person shall be fined $400 if his or her employer has a
19training program that facilitates compliance with minimum-age
20tobacco laws. For the third offense in a 24-month period, the
21person shall be fined $600 if his or her employer has a
22training program that facilitates compliance with minimum-age
23tobacco laws. For the fourth or subsequent offense in a
2424-month period, the person shall be fined $800 if his or her
25employer has a training program that facilitates compliance

 

 

HB0778- 9 -LRB102 11993 KMF 17329 b

1with minimum-age tobacco laws. For the purposes of this
2subsection, the 24-month period shall begin with the person's
3first violation of the Act. The penalties in this subsection
4are in addition to any other penalties prescribed under the
5Cigarette Tax Act and the Tobacco Products Tax Act of 1995.
6    (a-1) Any person under 21 years of age who violates
7subsection (a-7.5) of Section 1 is guilty of a Class A
8misdemeanor.
9    (a-5) Any retailer who violates subsection (a), (a-5),
10(a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty
11of a petty offense. For the first offense in a 24-month period,
12the retailer shall be fined $200 if it does not have a training
13program that facilitates compliance with minimum-age tobacco
14laws. For the second offense in a 24-month period, the
15retailer shall be fined $400 if it does not have a training
16program that facilitates compliance with minimum-age tobacco
17laws. For the third offense within a 24-month period, the
18retailer shall be fined $600 if it does not have a training
19program that facilitates compliance with minimum-age tobacco
20laws. For the fourth or subsequent offense in a 24-month
21period, the retailer shall be fined $800 if it does not have a
22training program that facilitates compliance with minimum-age
23tobacco laws. For the purposes of this subsection, the
2424-month period shall begin with the person's first violation
25of the Act. The penalties in this subsection are in addition to
26any other penalties prescribed under the Cigarette Tax Act and

 

 

HB0778- 10 -LRB102 11993 KMF 17329 b

1the Tobacco Products Tax Act of 1995.
2    (a-6) For the purpose of this Act, a training program that
3facilitates compliance with minimum-age tobacco laws must
4include at least the following elements: (i) it must explain
5that only individuals displaying valid identification
6demonstrating that they are 21 years of age or older shall be
7eligible to purchase tobacco products, electronic cigarettes,
8or alternative nicotine products and (ii) it must explain
9where a clerk can check identification for a date of birth. The
10training may be conducted electronically. Each retailer that
11has a training program shall require each employee who
12completes the training program to sign a form attesting that
13the employee has received and completed tobacco training. The
14form shall be kept in the employee's file and may be used to
15provide proof of training.
16    (b) (Blank). I If a person under 21 years of age violates
17subsection (a-6) of Section 1, he or she is guilty of a Class A
18misdemeanor.
19    (c) (Blank).
20    (d) (Blank).
21    (e) (Blank).
22    (f) (Blank).
23    (g) (Blank).
24    (h) All moneys collected as fines for violations of
25subsection (a), (a-5), (a-5.1), (a-6), (a-7.5), (a-8), (b), or
26(d) or (a-7) of Section 1 shall be distributed in the following

 

 

HB0778- 11 -LRB102 11993 KMF 17329 b

1manner:
2        (1) one-half of each fine shall be distributed to the
3    unit of local government or other entity that successfully
4    prosecuted the offender; and
5        (2) one-half shall be remitted to the State to be used
6    for enforcing this Act.
7    Any violation of subsection (a) or (a-5) of Section 1
8shall be reported to the Department of Revenue within 7
9business days.
10(Source: P.A. 100-201, eff. 8-18-17; 101-2, eff. 7-1-19;
11revised 4-29-19.)