Illinois General Assembly - Full Text of HB2250
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Full Text of HB2250  98th General Assembly


Rep. Kathleen Willis

Filed: 3/12/2013





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2    AMENDMENT NO. ______. Amend House Bill 2250 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Prevention of Tobacco Use by Minors and
5Sale and Distribution of Tobacco Products Act is amended by
6changing Sections 1 and 2 and adding Section 1.5 as follows:
7    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
8    Sec. 1. Prohibition on sale to and possession of tobacco by
9minors; prohibition on the distribution of tobacco samples to
10any person; use of identification cards; vending machines;
11lunch wagons; out-of-package sales.
12    (a) No minor under 18 years of age shall buy any tobacco
13product. No person shall sell, buy for, distribute samples of
14or furnish any tobacco product to any minor under 18 years of
16    (a-5) No minor under 16 years of age may sell any tobacco



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1product at a retail establishment selling tobacco products.
2This subsection does not apply to a sales clerk in a
3family-owned business which can prove that the sales clerk is
4in fact a son or daughter of the owner.
5    (a-6) No minor under 18 years of age in the furtherance or
6facilitation of obtaining any tobacco product shall display or
7use a false or forged identification card or transfer, alter,
8or deface an identification card.
9     (a-7) No minor under 18 years of age shall possess any
10cigar, cigarette, electronic cigarette, smokeless tobacco, or
11tobacco in any of its forms.
12    (a-8) A person shall not distribute without charge samples
13of any tobacco product to any other person, regardless of age:
14        (1) within a retail establishment selling tobacco
15    products, unless the retailer has verified the purchaser's
16    age with a government issued identification;
17        (2) from a lunch wagon; or
18        (3) on a public way as a promotion or advertisement of
19    a tobacco manufacturer or tobacco product.
20    This subsection (a-8) does not apply to the distribution of
21a tobacco product sample in any adult-only facility.
22    (a-9) For the purpose of this Act Section:
23        "Adult-only facility means a facility or restricted
24    area (whether open-air or enclosed) where the operator
25    ensures or has a reasonable basis to believe (such as by
26    checking identification as required under State law, or by



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1    checking the identification of any person appearing to be
2    under the age of 27) that no person under legal age is
3    present. A facility or restricted area need not be
4    permanently restricted to persons under legal age to
5    constitute an adult-only facility, provided that the
6    operator ensures or has a reasonable basis to believe that
7    no person under legal age is present during the event or
8    time period in question.
9        "Alternative nicotine product" means a product or
10    device not consisting of or containing tobacco that
11    provides for the ingestion into the body of nicotine,
12    whether by chewing, smoking, absorbing, dissolving,
13    inhaling, snorting, sniffing, or by any other means.
14    "Alternative nicotine product" excludes cigarettes,
15    smokeless tobacco, or other tobacco products as these terms
16    are defined in this Section and any product approved by the
17    United States Food and Drug Administration as a non-tobacco
18    product for sale as a tobacco cessation product, as a
19    tobacco dependence product, or for other medical purposes,
20    and is being marketed and sold solely for that approved
21    purpose.
22        "Electronic cigarette" or "e-cigarette" means a
23    battery-operated device that contains cartridges filled
24    with a combination of nicotine, flavor, and chemicals that
25    are turned into vapor which is inhaled by the user.
26        "Lunch wagon" means a mobile vehicle designed and



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1    constructed to transport food and from which food is sold
2    to the general public.
3        "Smokeless tobacco" means any tobacco products that
4    are suitable for dipping or chewing.
5        "Tobacco product" means any cigar, cigarette,
6    electronic cigarette, smokeless tobacco, or tobacco in any
7    of its forms.
8    (b) Tobacco products listed in this Section may be sold
9through a vending machine only if such tobacco products are not
10placed together with any non-tobacco product, other than
11matches, in the vending machine and the vending machine is in
12any of the following locations:
13        (1) (Blank).
14        (2) Places to which minors under 18 years of age are
15    not permitted access.
16        (3) Places where alcoholic beverages are sold and
17    consumed on the premises and vending machine operation is
18    under the direct supervision of the owner or manager.
19        (4) (Blank).
20        (5) Places where the vending machine can only be
21    operated by the owner or an employee over age 18 either
22    directly or through a remote control device if the device
23    is inaccessible to all customers.
24    (c) (Blank).
25    (d) The sale or distribution by any person of a tobacco
26product in this Section, including but not limited to a single



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1or loose cigarette, that is not contained within a sealed
2container, pack, or package as provided by the manufacturer,
3which container, pack, or package bears the health warning
4required by federal law, is prohibited.
5    (e) It is not a violation of this Act for a person under 18
6years of age to purchase or possess a cigar, cigarette,
7electronic cigarette, alternative nicotine product, smokeless
8tobacco or tobacco in any of its forms if the person under the
9age of 18 purchases or is given the cigar, cigarette,
10electronic cigarette, alternative nicotine product, smokeless
11tobacco or tobacco in any of its forms from a retail seller of
12tobacco products or an employee of the retail seller pursuant
13to a plan or action to investigate, patrol, or otherwise
14conduct a "sting operation" or enforcement action against a
15retail seller of tobacco products or a person employed by the
16retail seller of tobacco products or on any premises authorized
17to sell tobacco products to determine if tobacco products are
18being sold or given to persons under 18 years of age if the
19"sting operation" or enforcement action is approved by the
20Department of State Police, the county sheriff, a municipal
21police department, the Department of Public Health, or a local
22health department.
23(Source: P.A. 95-905, eff. 1-1-09; 96-179, eff. 8-10-09;
2496-446, eff. 1-1-10; 96-1000, eff. 7-2-10.)".
25    (720 ILCS 675/1.5 new)



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1    Sec. 1.5. Distribution of alternative nicotine products to
2persons under 18 years of age prohibited.
3    (a) A person, either directly or indirectly by an agent or
4employee, or by a vending machine owned by the person or
5located in the person's establishment, may not sell, offer for
6sale, give, or furnish any alternative nicotine product, or any
7cartridge or component of an alternative nicotine product, to a
8person under 18 years of age.
9    (b) Before selling, offering for sale, giving, or
10furnishing an alternative nicotine product, or any cartridge or
11component of an alternative nicotine product, to another
12person, the person selling, offering for sale, giving, or
13furnishing the alternative nicotine product shall verify that
14the person is at least 18 years of age by:
15        (1) examining from any person that appears to be under
16    27 years of age a government-issued photographic
17    identification that establishes the person is at least 18
18    years of age or
19        (2) for sales made though the Internet or other remote
20    sales methods, performing an age verification through an
21    independent, third-party age verification service that
22    compares information available from public records to the
23    personal information entered by the person during the
24    ordering process that establishes the person is 18 years of
25    age or older.



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1    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
2    Sec. 2. Penalties.
3    (a) Any person who violates subsection (a), (a-5), or (a-6)
4of Section 1 or Section 1.5 of this Act is guilty of a petty
5offense and for the first offense shall be fined $200, $400 for
6the second offense in a 12-month period, and $600 for the third
7or any subsequent offense in a 12-month period.
8    (b) If a minor violates subsection (a-7) of Section 1 he or
9she is guilty of a petty offense and the court may impose a
10sentence of 15 hours of community service or a fine of $25 for
11a first violation.
12    (c) A second violation by a minor of subsection (a-7) of
13Section 1 that occurs within 12 months after the first
14violation is punishable by a fine of $50 and 25 hours of
15community service.
16    (d) A third or subsequent violation by a minor of
17subsection (a-7) of Section 1 that occurs within 12 months
18after the first violation is punishable by a $100 fine and 30
19hours of community service.
20    (e) Any second or subsequent violation not within the
2112-month time period after the first violation is punishable as
22provided for a first violation.
23    (f) If a minor is convicted of or placed on supervision for
24a violation of subsection (a-7) of Section 1, the court may, in
25its discretion, and upon recommendation by the State's
26Attorney, order that minor and his or her parents or legal



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1guardian to attend a smoker's education or youth diversion
2program if that program is available in the jurisdiction where
3the offender resides. Attendance at a smoker's education or
4youth diversion program shall be time-credited against any
5community service time imposed for any first violation of
6subsection (a-7) of Section 1. In addition to any other penalty
7that the court may impose for a violation of subsection (a-7)
8of Section 1, the court, upon request by the State's Attorney,
9may in its discretion require the offender to remit a fee for
10his or her attendance at a smoker's education or youth
11diversion program.
12    (g) For purposes of this Section, "smoker's education
13program" or "youth diversion program" includes, but is not
14limited to, a seminar designed to educate a person on the
15physical and psychological effects of smoking tobacco products
16and the health consequences of smoking tobacco products that
17can be conducted with a locality's youth diversion program.
18    (h) All moneys collected as fines for violations of
19subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
20distributed in the following manner:
21        (1) one-half of each fine shall be distributed to the
22    unit of local government or other entity that successfully
23    prosecuted the offender; and
24        (2) one-half shall be remitted to the State to be used
25    for enforcing this Act.
26(Source: P.A. 96-179, eff. 8-10-09.)".