Illinois General Assembly - Full Text of HB1455
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Full Text of HB1455  95th General Assembly


Rep. Daniel J. Burke

Filed: 4/19/2007





09500HB1455ham001 LRB095 05038 RLC 35179 a


2     AMENDMENT NO. ______. Amend House Bill 1455 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Sale of Tobacco to Minors Act is amended by
5 changing Section 1 as follows:
6     (720 ILCS 675/1)  (from Ch. 23, par. 2357)
7     Sec. 1. Prohibition on sale of tobacco to minors; use of
8 identification cards; vending machines; lunch wagons;
9 out-of-package sales.
10     (a) No minor under 18 years of age shall buy any cigar,
11 cigarette, smokeless tobacco or tobacco in any of its forms. No
12 person shall sell, buy for, distribute samples of or furnish
13 any cigar, cigarette, smokeless tobacco or tobacco in any of
14 its forms, to any minor under 18 years of age.
15     (a-5) No minor under 16 years of age may sell any cigar,
16 cigarette, smokeless tobacco, or tobacco in any of its forms at



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1 a retail establishment selling tobacco products. This
2 subsection does not apply to a sales clerk in a family-owned
3 business which can prove that the sales clerk is in fact a son
4 or daughter of the owner.
5     (a-6) No minor under 18 years of age in the furtherance or
6 facilitation of obtaining any cigar, cigarette, smokeless
7 tobacco, or tobacco in any of its forms shall display or use a
8 false or forged identification card or transfer, alter, or
9 deface an identification card.
10     For the purpose of this Section, "smokeless tobacco" means
11 any tobacco products that are suitable for dipping or chewing.
12     (b) Tobacco products listed above may be sold through a
13 vending machine only if such tobacco products are not placed
14 together with any non-tobacco product, other than matches, in
15 the vending machine and the vending machine is in any of the
16 following locations:
17         (1) Factories, businesses, offices, private clubs, and
18     other places not open to the general public.
19         (1) (2) Places to which minors under 18 years of age
20     are not permitted access.
21         (3) Places where alcoholic beverages are sold and
22     consumed on the premises.
23         (4) Places where the vending machine is under the
24     direct supervision of the owner of the establishment or an
25     employee over 18 years of age. The sale of tobacco products
26     from a vending machine under direct supervision of the



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1     owner or an employee of the establishment is considered a
2     sale of tobacco products by that person. As used in this
3     subdivision, "direct supervision" means that the owner or
4     employee has an unimpeded line of sight to the vending
5     machine.
6         (2) (5) Places where the vending machine can only be
7     operated by the owner or an employee over age 18 either
8     directly or through a remote control device if the device
9     is inaccessible to all customers.
10     (c) The sale or distribution at no charge of cigarettes
11 from a lunch wagon engaging in any sales activity within 1,000
12 feet of any public or private elementary or secondary school
13 grounds is prohibited.
14     For the purpose of this Section, "lunch wagon" means a
15 mobile vehicle designed and constructed to transport food and
16 from which food is sold to the general public.
17     (d) The sale or distribution by any person of a tobacco
18 product listed above, including but not limited to a single or
19 loose cigarette, that is not contained within a sealed
20 container, pack, or package as provided by the manufacturer,
21 which container, pack, or package bears the health warning
22 required by federal law, is prohibited.
23 (Source: P.A. 93-284, eff. 1-1-04; 93-886, eff. 1-1-05.)".