Full Text of HB2513 99th General Assembly
HB2513eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cigarette Tax Act is amended by changing | 5 | | Sections 4g and 11c as follows: | 6 | | (35 ILCS 130/4g) | 7 | | (This Section may contain text from a Public Act with a | 8 | | delayed effective date ) | 9 | | Sec. 4g. Retailer's license. Beginning on January 1, 2016, | 10 | | no person may engage in business as a retailer of cigarettes in | 11 | | this State without first having obtained a license from the | 12 | | Department. Application for license shall be made to the | 13 | | Department, by electronic means, in a form prescribed by the | 14 | | Department. Each applicant for a license under this Section | 15 | | shall furnish to the Department, in an electronic format | 16 | | established by the Department, the following information: | 17 | | (1) the name and address of the applicant; | 18 | | (2) the address of the location at which the applicant | 19 | | proposes to engage in business as a retailer of cigarettes | 20 | | in this State; and | 21 | | (3) such other additional information as the | 22 | | Department may lawfully require by its rules and | 23 | | regulations. |
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| 1 | | The annual license fee payable to the Department for each | 2 | | retailer's license shall be $75. The fee shall be deposited | 3 | | into the Tax Compliance and Administration Fund and shall be | 4 | | for the cost of tobacco retail inspection and contraband | 5 | | tobacco and tobacco smuggling with at least two-thirds of the | 6 | | money being used for contraband tobacco and tobacco smuggling | 7 | | operations and enforcement. | 8 | | Each applicant for a license shall pay the fee to the | 9 | | Department at the time of submitting its application for a | 10 | | license to the Department. The Department shall require an | 11 | | applicant for a license under this Section to electronically | 12 | | file and pay the fee. | 13 | | A separate annual license fee shall be paid for each place | 14 | | of business at which a person who is required to procure a | 15 | | retailer's license under this Section proposes to engage in | 16 | | business as a retailer in Illinois under this Act. | 17 | | The following are ineligible to receive a retailer's | 18 | | license under this Act: | 19 | | (1) a person who has been convicted of a felony related | 20 | | to the illegal transportation, sale, or distribution of | 21 | | cigarettes, or a tobacco-related felony, under any federal | 22 | | or State law, if the Department, after investigation and a | 23 | | hearing if requested by the applicant, determines that the | 24 | | person has not been sufficiently rehabilitated to warrant | 25 | | the public trust; or | 26 | | (2) a corporation, if any officer, manager, or director |
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| 1 | | thereof, or any stockholder or stockholders owning in the | 2 | | aggregate more than 5% of the stock of such corporation, | 3 | | would not be eligible to receive a license under this Act | 4 | | for any reason. | 5 | | The Department, upon receipt of an application and license | 6 | | fee, in proper form, from a person who is eligible to receive a | 7 | | retailer's license under this Act, shall issue to such | 8 | | applicant a license in form as prescribed by the Department. | 9 | | That license shall permit the applicant to whom it is issued to | 10 | | engage in business as a retailer under this Act at the place | 11 | | shown in his or her application. All licenses issued by the | 12 | | Department under this Section shall be valid for a period not | 13 | | to exceed one year after issuance unless sooner revoked, | 14 | | canceled, or suspended as provided in this Act. No license | 15 | | issued under this Section is transferable or assignable. The | 16 | | license shall be conspicuously displayed in the place of | 17 | | business conducted by the licensee in Illinois under such | 18 | | license. The Department shall not issue a retailer's license to | 19 | | a retailer unless the retailer is also registered under the | 20 | | Retailers' Occupation Tax Act. A person who obtains a license | 21 | | as a retailer who ceases to do business as specified in the | 22 | | license, or who never commenced business, or who obtains a | 23 | | distributor's license, or whose license is suspended or | 24 | | revoked, shall immediately surrender the license to the | 25 | | Department. | 26 | | If a person is both a licensed distributor and a licensed |
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| 1 | | retailer under this Act, then the Department shall issue that | 2 | | person a single license number for both of those purposes. | 3 | | Any person aggrieved by any decision of the Department | 4 | | under this Section subsection may, within 45 30 days after | 5 | | notice of the decision, protest and request a hearing. Upon | 6 | | receiving a request for a hearing, the Department shall give | 7 | | written notice to the person requesting the hearing of the time | 8 | | and place fixed for the hearing and shall hold a hearing in | 9 | | conformity with the provisions of this Act and then issue its | 10 | | final administrative decision in the matter to that person. In | 11 | | the absence of a protest and request for a hearing within 45 30 | 12 | | days, the Department's decision shall become final without any | 13 | | further determination being made or notice given.
| 14 | | (Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.) | 15 | | (35 ILCS 130/11c) | 16 | | (This Section may contain text from a Public Act with a | 17 | | delayed effective date ) | 18 | | Sec. 11c. Retailers; records. Every retailer who is | 19 | | required to procure a license under this Act shall keep within | 20 | | Illinois complete and accurate records of cigarettes | 21 | | purchased, sold, or otherwise disposed of. It shall be the duty | 22 | | of every retail licensee to make sales records, copies of bills | 23 | | of sale, and inventory at the close of each period for which a | 24 | | report is required of all cigarettes on hand available upon | 25 | | reasonable notice for the purpose of investigation and control |
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| 1 | | by the Department. Records may be kept electronically and may | 2 | | be kept at an out-of-state location; however, those records | 3 | | must be made available upon reasonable notice for the purpose | 4 | | of investigation and control by the Department. Such records | 5 | | need not be maintained on the licensed premises, but must be | 6 | | maintained in the State of Illinois; however, if access is | 7 | | available electronically, the records may be maintained out of | 8 | | state. However, all original invoices or copies thereof | 9 | | covering purchases of cigarettes must be retained on the | 10 | | licensed premises for a period of 90 days after such purchase, | 11 | | unless the Department has granted a waiver in response to a | 12 | | written request in cases where records are kept at a central | 13 | | business location within the State of Illinois or in cases | 14 | | where records that are available electronically are maintained | 15 | | out of state. The Department may adopt rules that establish | 16 | | requirements, including record forms and formats, for records | 17 | | required to be kept and maintained by the retailer. | 18 | | For purposes of this Section, "records" means all data | 19 | | maintained by the retailer, including data on paper, microfilm, | 20 | | microfiche or any type of machine sensible data compilation. | 21 | | Those books, records, papers, and documents shall be preserved | 22 | | for a period of at least 3 years after the date of the | 23 | | documents, or the date of the entries appearing in the records, | 24 | | unless the Department, in writing, authorizes their | 25 | | destruction or disposal at an earlier date. At all times during | 26 | | the usual business hours of the day, any duly authorized agent |
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| 1 | | or employee of the Department may enter any place of business | 2 | | of the retailer without a search warrant and may inspect the | 3 | | premises to determine whether any of the provisions of this Act | 4 | | are being violated. If such agent or employee is denied free | 5 | | access or is hindered or interfered with in making such | 6 | | examination as herein provided, the license of the retailer | 7 | | shall be subject to suspension or revocation by the Department.
| 8 | | (Source: P.A. 98-1055, eff. 1-1-16.) | 9 | | Section 10. The Tobacco Products Tax Act of 1995 is amended | 10 | | by changing Sections 10-21 and 10-25 as follows: | 11 | | (35 ILCS 143/10-21) | 12 | | (This Section may contain text from a Public Act with a | 13 | | delayed effective date ) | 14 | | Sec. 10-21. Retailer's license. Beginning on January 1, | 15 | | 2016, no person may engage in business as a retailer of tobacco | 16 | | products in this State without first having obtained a license | 17 | | from the Department. Application for license shall be made to | 18 | | the Department, by electronic means, in a form prescribed by | 19 | | the Department. Each applicant for a license under this Section | 20 | | shall furnish to the Department, in an electronic format | 21 | | established by the Department, the following information: | 22 | | (1) the name and address of the applicant; | 23 | | (2) the address of the location at which the applicant | 24 | | proposes to engage in business as a retailer of tobacco |
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| 1 | | products in this State; | 2 | | (3) such other additional information as the | 3 | | Department may lawfully require by its rules and | 4 | | regulations. | 5 | | The annual license fee payable to the Department for each | 6 | | retailer's license shall be $75. The fee will be deposited into | 7 | | the Tax Compliance and Administration Fund and shall be used | 8 | | for the cost of tobacco retail inspection and contraband | 9 | | tobacco and tobacco smuggling with at least two-thirds of the | 10 | | money being used for contraband tobacco and tobacco smuggling | 11 | | operations and enforcement. | 12 | | Each applicant for license shall pay such fee to the | 13 | | Department at the time of submitting its application for | 14 | | license to the Department. The Department shall require an | 15 | | applicant for a license under this Section to electronically | 16 | | file and pay the fee. | 17 | | A separate annual license fee shall be paid for each place | 18 | | of business at which a person who is required to procure a | 19 | | retailer's license under this Section proposes to engage in | 20 | | business as a retailer in Illinois under this Act. | 21 | | The following are ineligible to receive a retailer's | 22 | | license under this Act: | 23 | | (1) a person who has been convicted of a felony under | 24 | | any federal or State law for smuggling cigarettes or | 25 | | tobacco products or tobacco tax evasion, if the Department, | 26 | | after investigation and a hearing if requested by the |
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| 1 | | applicant, determines that such person has not been | 2 | | sufficiently rehabilitated to warrant the public trust; | 3 | | and | 4 | | (2) a corporation, if any officer, manager or director | 5 | | thereof, or any stockholder or stockholders owning in the | 6 | | aggregate more than 5% of the stock of such corporation, | 7 | | would not be eligible to receive a license under this Act | 8 | | for any reason. | 9 | | The Department, upon receipt of an application and license | 10 | | fee, in proper form, from a person who is eligible to receive a | 11 | | retailer's license under this Act, shall issue to such | 12 | | applicant a license in form as prescribed by the Department, | 13 | | which license shall permit the applicant to which it is issued | 14 | | to engage in business as a retailer under this Act at the place | 15 | | shown in his application. All licenses issued by the Department | 16 | | under this Section shall be valid for a period not to exceed | 17 | | one year after issuance unless sooner revoked, canceled or | 18 | | suspended as provided in this Act. No license issued under this | 19 | | Section is transferable or assignable. Such license shall be | 20 | | conspicuously displayed in the place of business conducted by | 21 | | the licensee in Illinois under such license. A person who | 22 | | obtains a license as a retailer who ceases to do business as | 23 | | specified in the license, or who never commenced business, or | 24 | | who obtains a distributor's license, or whose license is | 25 | | suspended or revoked, shall immediately surrender the license | 26 | | to the Department. The Department shall not issue a license to |
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| 1 | | a retailer unless the retailer is also validly registered under | 2 | | the Retailers Occupation Tax Act. | 3 | | A retailer as defined under this Act need not obtain an | 4 | | additional license under this Act, but shall be deemed to be | 5 | | sufficiently licensed by virtue of his being properly licensed | 6 | | as a retailer under Section 4g of the Cigarette Tax Act. | 7 | | If a person is both a licensed distributor and a licensed | 8 | | retailer under this Act (including a retailer who is deemed to | 9 | | be sufficiently licensed by virtue of his being properly | 10 | | licensed as a retailer under Section 4g of the Cigarette Tax | 11 | | Act), then the Department shall issue that person a single | 12 | | license number for both of those purposes. | 13 | | Any person aggrieved by any decision of the Department | 14 | | under this Section subsection may, within 45 30 days after | 15 | | notice of the decision, protest and request a hearing. Upon | 16 | | receiving a request for a hearing, the Department shall give | 17 | | notice to the person requesting the hearing of the time and | 18 | | place fixed for the hearing and shall hold a hearing in | 19 | | conformity with the provisions of this Act and then issue its | 20 | | final administrative decision in the matter to that person. In | 21 | | the absence of a protest and request for a hearing within 30 | 22 | | days, the Department's decision shall become final without any | 23 | | further determination being made or notice given.
| 24 | | (Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
| 25 | | (35 ILCS 143/10-25)
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| 1 | | (Text of Section before amendment by P.A. 98-1055 )
| 2 | | Sec. 10-25. License actions. The Department may, after | 3 | | notice and a hearing,
revoke, cancel, or suspend the license of | 4 | | any distributor who violates any of
the provisions of this Act. | 5 | | The notice shall specify the alleged violation or
violations | 6 | | upon which the revocation, cancellation, or suspension | 7 | | proceeding is
based.
| 8 | | The Department may revoke, cancel, or suspend the license | 9 | | of any
distributor for a violation of the Tobacco Product | 10 | | Manufacturers' Escrow
Enforcement Act as provided in Section 20 | 11 | | of that Act.
| 12 | | The Department may, by application to any circuit court, | 13 | | obtain an injunction
restraining any person who engages in | 14 | | business as a distributor of tobacco
products without a license | 15 | | (either because his or her license has been revoked,
canceled, | 16 | | or suspended or because of a failure to obtain a license in the | 17 | | first
instance) from engaging in that business until that | 18 | | person, as if that person
were a new applicant for a license, | 19 | | complies with all of the conditions,
restrictions, and | 20 | | requirements of Section 10-20 of this Act and qualifies for
and | 21 | | obtains a license. Refusal or neglect to obey the order of the | 22 | | court may
result in punishment for contempt.
| 23 | | (Source: P.A. 92-737, eff. 7-25-02.)
| 24 | | (Text of Section after amendment by P.A. 98-1055 )
| 25 | | Sec. 10-25. License actions. |
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| 1 | | (a) The Department may, after notice and a hearing,
revoke, | 2 | | cancel, or suspend the license of any distributor or retailer | 3 | | who violates any of
the provisions of this Act. The notice | 4 | | shall specify the alleged violation or
violations upon which | 5 | | the revocation, cancellation, or suspension proceeding is
| 6 | | based.
| 7 | | (b) The Department may revoke, cancel, or suspend the | 8 | | license of any
distributor for a violation of the Tobacco | 9 | | Product Manufacturers' Escrow
Enforcement Act as provided in | 10 | | Section 20 of that Act.
| 11 | | (c) If the retailer has a training program that facilitates | 12 | | compliance with minimum-age tobacco laws, the Department shall | 13 | | suspend for 3 days the license of that retailer for a fourth or | 14 | | subsequent violation of the Prevention of Tobacco Use by Minors | 15 | | and Sale and Distribution of Tobacco Products Act, as provided | 16 | | in subsection (a) of Section 2 of that Act. For the purposes of | 17 | | this Section, any violation of subsection (a) of Section 2 of | 18 | | the Prevention of Tobacco Use by Minors and Sale and | 19 | | Distribution of Tobacco Products Act occurring at the | 20 | | retailer's licensed location, during a 24-month period, shall | 21 | | be counted as a violation against the retailer. | 22 | | If the retailer does not have a training program that | 23 | | facilitates compliance with minimum-age tobacco laws, the | 24 | | Department shall suspend for 3 days the license of that | 25 | | retailer for a second violation of the Prevention of Tobacco | 26 | | Use by Minors and Sale and Distribution of Tobacco Products |
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| 1 | | Act, as provided in subsection (a-5) of Section 2 of that Act. | 2 | | If the retailer does not have a training program that | 3 | | facilitates compliance with minimum-age tobacco laws, the | 4 | | Department shall suspend for 7 days the license of that | 5 | | retailer for a third violation of the Prevention of Tobacco Use | 6 | | by Minors and Sale and Distribution of Tobacco Products Act, as | 7 | | provided in subsection (a-5) of Section 2 of that Act. | 8 | | If the retailer does not have a training program that | 9 | | facilitates compliance with minimum-age tobacco laws, the | 10 | | Department shall suspend for 30 days the license of a retailer | 11 | | for a fourth or subsequent violation of the Prevention of | 12 | | Tobacco Use by Minors and Sale and Distribution of Tobacco | 13 | | Products Act, as provided in subsection (a-5) of Section 2 of | 14 | | that Act. | 15 | | A training program that facilitates compliance with | 16 | | minimum-age tobacco laws must include at least the following | 17 | | elements: (i) it must explain that only individuals displaying | 18 | | valid identification demonstrating that they are 18 years of | 19 | | age or older shall be eligible to purchase cigarettes or | 20 | | tobacco products and ; (ii) it must explain where a clerk can | 21 | | check identification for a date of birth ; and (iii) it must | 22 | | explain the penalties that a clerk and retailer are subject to | 23 | | for violations of the Prevention of Tobacco Use by Minors and | 24 | | Sale and Distribution of Tobacco Products Act . The training may | 25 | | be conducted electronically. Each retailer that has a training | 26 | | program shall require each employee who completes the training |
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| 1 | | program to sign a form attesting that the employee has received | 2 | | and completed tobacco training. The form shall be kept in the | 3 | | employee's file and may be used to provide proof of training. | 4 | | If a retailer has a training program in place prior to the | 5 | | effective date of this amendatory Act of the 99th General | 6 | | Assembly, has a training program approved by another state, or | 7 | | follows the guidelines set forth by the federal Food and Drug | 8 | | Administration, then that training program shall be deemed to | 9 | | meet the minimum standards in this State. | 10 | | (d) The Department may, by application to any circuit | 11 | | court, obtain an injunction
restraining any person who engages | 12 | | in business as a distributor of tobacco
products without a | 13 | | license (either because his or her license has been revoked,
| 14 | | canceled, or suspended or because of a failure to obtain a | 15 | | license in the first
instance) from engaging in that business | 16 | | until that person, as if that person
were a new applicant for a | 17 | | license, complies with all of the conditions,
restrictions, and | 18 | | requirements of Section 10-20 of this Act and qualifies for
and | 19 | | obtains a license. Refusal or neglect to obey the order of the | 20 | | court may
result in punishment for contempt.
| 21 | | (Source: P.A. 98-1055, eff. 1-1-16.)
| 22 | | Section 15. The Prevention of Tobacco Use by
Minors and | 23 | | Sale and Distribution of Tobacco Products Act is amended by | 24 | | changing Section 2 as follows: |
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| 1 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 2 | | (Text of Section before amendment by P.A. 98-1055 ) | 3 | | Sec. 2. Penalties. | 4 | | (a) Any person who violates subsection (a), (a-5), or (a-6) | 5 | | of Section 1
or Section 1.5 of this Act is guilty of a
petty | 6 | | offense and
for the first offense
shall be fined $200, $400 for | 7 | | the
second offense in a 12-month period, and
$600 for the third | 8 | | or any
subsequent
offense in a 12-month period.
| 9 | | (b) If a minor violates subsection (a-7) of Section 1 he or | 10 | | she is guilty of a petty offense and the court may
impose a | 11 | | sentence of 15 hours of
community
service or a fine of $25 for | 12 | | a first violation.
| 13 | | (c) A second violation by a minor of subsection (a-7) of | 14 | | Section 1 that occurs
within 12 months after the first | 15 | | violation is punishable by a fine of $50 and
25
hours of | 16 | | community service.
| 17 | | (d) A third or subsequent violation by a minor of | 18 | | subsection (a-7) of Section
1
that
occurs within 12 months | 19 | | after the first violation is punishable by a $100
fine
and 30 | 20 | | hours of community service.
| 21 | | (e) Any second or subsequent violation not within the | 22 | | 12-month time period
after
the first violation is punishable as | 23 | | provided for a first violation.
| 24 | | (f) If a minor is convicted of or placed on supervision for | 25 | | a violation of
subsection (a-7) of Section 1, the court may, in | 26 | | its discretion, and upon
recommendation by the State's |
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| 1 | | Attorney, order that minor and his or her parents
or legal
| 2 | | guardian to attend a smoker's education or youth diversion | 3 | | program if that
program is available in the jurisdiction where | 4 | | the offender resides.
Attendance at a smoker's education or | 5 | | youth diversion program
shall be time-credited against any | 6 | | community service time imposed for any
first violation of | 7 | | subsection (a-7) of Section 1. In addition to any other
penalty
| 8 | | that the court may impose for a violation of subsection (a-7) | 9 | | of Section 1, the
court, upon request by the State's Attorney, | 10 | | may in its discretion
require
the offender to remit a fee for | 11 | | his or her attendance at a smoker's
education or
youth | 12 | | diversion program.
| 13 | | (g) For purposes of this Section, "smoker's education
| 14 | | program"
or
"youth diversion program" includes, but is not | 15 | | limited to, a seminar designed
to educate a person on the | 16 | | physical and psychological effects of smoking
tobacco products | 17 | | and the health consequences of smoking tobacco products
that | 18 | | can be conducted with a locality's youth diversion program.
| 19 | | (h) All moneys collected as fines for violations of | 20 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | 21 | | distributed in the following manner:
| 22 | | (1) one-half of each fine shall be distributed to the | 23 | | unit of local
government or other entity that successfully | 24 | | prosecuted the offender;
and
| 25 | | (2) one-half shall be remitted to the State to be used | 26 | | for enforcing this
Act.
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| 1 | | (Source: P.A. 98-350, eff. 1-1-14.)
| 2 | | (Text of Section after amendment by P.A. 98-1055 ) | 3 | | Sec. 2. Penalties. | 4 | | (a) Any person who violates subsection (a) or (a-5) of | 5 | | Section 1 or Section 1.5 of this Act is guilty of a petty | 6 | | offense. For the first offense in a 24-month period, the person | 7 | | shall be fined $200 if his or her employer has a training | 8 | | program that facilitates compliance with minimum-age tobacco | 9 | | laws. For the second offense in a 24-month period, the person | 10 | | shall be fined $400 if his or her employer has a training | 11 | | program that facilitates compliance with minimum-age tobacco | 12 | | laws. For the third offense in a 24-month period, the person | 13 | | shall be fined $600 if his or her employer has a training | 14 | | program that facilitates compliance with minimum-age tobacco | 15 | | laws. For the fourth or subsequent offense in a 24-month | 16 | | period, the person shall be fined $800 if his or her employer | 17 | | has a training program that facilitates compliance with | 18 | | minimum-age tobacco laws. For the purposes of this subsection, | 19 | | the 24-month period shall begin with the person's first | 20 | | violation of the Act. The penalties in this subsection are in | 21 | | addition to any other penalties prescribed under the Cigarette | 22 | | Tax Act and the Tobacco Products Tax Act of 1995. | 23 | | (a-5) Any person who violates subsection (a) or (a-5) of | 24 | | Section 1 or Section 1.5 of this Act is guilty of a petty | 25 | | offense. For the first offense, the retailer shall be fined |
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| 1 | | $200 if it does not have a training program that facilitates | 2 | | compliance with minimum-age tobacco laws. For the second | 3 | | offense, the retailer shall be fined $400 if it does not have a | 4 | | training program that facilitates compliance with minimum-age | 5 | | tobacco laws. For the third offense, the retailer shall be | 6 | | fined $600 if it does not have a training program that | 7 | | facilitates compliance with minimum-age tobacco laws. For the | 8 | | fourth or subsequent offense in a 24-month period, the retailer | 9 | | shall be fined $800 if it does not have a training program that | 10 | | facilitates compliance with minimum-age tobacco laws. For the | 11 | | purposes of this subsection, the 24-month period shall begin | 12 | | with the person's first violation of the Act. The penalties in | 13 | | this subsection are in addition to any other penalties | 14 | | prescribed under the Cigarette Tax Act and the Tobacco Products | 15 | | Tax Act of 1995. | 16 | | (a-6) For the purpose of this Act, a training program that | 17 | | facilitates compliance with minimum-age tobacco laws must | 18 | | include at least the following elements: (i) it must explain | 19 | | that only individuals displaying valid identification | 20 | | demonstrating that they are 18 years of age or older shall be | 21 | | eligible to purchase cigarettes or tobacco products and ; (ii) | 22 | | it must explain where a clerk can check identification for a | 23 | | date of birth ; and (iii) it must explain the penalties that a | 24 | | clerk and retailer are subject to for violations of the | 25 | | Prevention of Tobacco Use by Minors and Sale and Distribution | 26 | | of Tobacco Products Act . The training may be conducted |
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| 1 | | electronically. Each retailer that has a training program shall | 2 | | require each employee who completes the training program to | 3 | | sign a form attesting that the employee has received and | 4 | | completed tobacco training. The form shall be kept in the | 5 | | employee's file and may be used to provide proof of training. | 6 | | If a retailer has a training program in place prior to the | 7 | | effective date of this amendatory Act of the 99th General | 8 | | Assembly, has a training program approved by another state, or | 9 | | follows the guidelines set forth by the federal Food and Drug | 10 | | Administration, then that training program shall be deemed to | 11 | | meet the minimum standards in this State.
| 12 | | (b) If a minor violates subsection (a-7) of Section 1 he or | 13 | | she is guilty of a petty offense and the court may
impose a | 14 | | sentence of 25 hours of
community
service and a fine of $50 for | 15 | | a first violation. If a minor violates subsection (a-6) of | 16 | | Section 1, he or she is guilty of a Class A misdemeanor.
| 17 | | (c) A second violation by a minor of subsection (a-7) of | 18 | | Section 1 that occurs
within 12 months after the first | 19 | | violation is punishable by a fine of $75 and 50
hours of | 20 | | community service.
| 21 | | (d) A third or subsequent violation by a minor of | 22 | | subsection (a-7) of Section
1
that
occurs within 12 months | 23 | | after the first violation is punishable by a $200
fine
and 50 | 24 | | hours of community service.
| 25 | | (e) Any second or subsequent violation not within the | 26 | | 12-month time period
after
the first violation is punishable as |
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| 1 | | provided for a first violation.
| 2 | | (f) If a minor is convicted of or placed on supervision for | 3 | | a violation of
subsection (a-6) or (a-7) of Section 1, the | 4 | | court may, in its discretion, and upon
recommendation by the | 5 | | State's Attorney, order that minor and his or her parents
or | 6 | | legal
guardian to attend a smoker's education or youth | 7 | | diversion program if that
program is available in the | 8 | | jurisdiction where the offender resides.
Attendance at a | 9 | | smoker's education or youth diversion program
shall be | 10 | | time-credited against any community service time imposed for | 11 | | any
first violation of subsection (a-7) of Section 1. In | 12 | | addition to any other
penalty
that the court may impose for a | 13 | | violation of subsection (a-7) of Section 1, the
court, upon | 14 | | request by the State's Attorney, may in its discretion
require
| 15 | | the offender to remit a fee for his or her attendance at a | 16 | | smoker's
education or
youth diversion program.
| 17 | | (g) For purposes of this Section, "smoker's education
| 18 | | program"
or
"youth diversion program" includes, but is not | 19 | | limited to, a seminar designed
to educate a person on the | 20 | | physical and psychological effects of smoking
tobacco products | 21 | | and the health consequences of smoking tobacco products
that | 22 | | can be conducted with a locality's youth diversion program.
| 23 | | (h) All moneys collected as fines for violations of | 24 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | 25 | | distributed in the following manner:
| 26 | | (1) one-half of each fine shall be distributed to the |
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| 1 | | unit of local
government or other entity that successfully | 2 | | prosecuted the offender;
and
| 3 | | (2) one-half shall be remitted to the State to be used | 4 | | for enforcing this
Act.
| 5 | | Any violation of subsection (a) or (a-5) of Section 1 or | 6 | | Section 1.5 shall be reported to the Department of Revenue | 7 | | within 7 business days. | 8 | | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)
| 9 | | Section 95. No acceleration or delay. Where this Act makes | 10 | | changes in a statute that is represented in this Act by text | 11 | | that is not yet or no longer in effect (for example, a Section | 12 | | represented by multiple versions), the use of that text does | 13 | | not accelerate or delay the taking effect of (i) the changes | 14 | | made by this Act or (ii) provisions derived from any other | 15 | | Public Act.
| 16 | | Section 99. Effective date. This Act takes effect January | 17 | | 1, 2016.
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