Full Text of SB1919 99th General Assembly
SB1919sam001 99TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/22/2015
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| 1 | | AMENDMENT TO SENATE BILL 1919
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1919 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Cigarette Tax Act is amended by changing | 5 | | Sections 4g, 6, 11, 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: |
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| 1 | | (1) the name and address of the applicant; | 2 | | (2) the address of the location at which the applicant | 3 | | proposes to engage in business as a retailer of cigarettes | 4 | | in this State; and | 5 | | (3) such other additional information as the | 6 | | Department may lawfully require by its rules and | 7 | | regulations. | 8 | | The annual license fee payable to the Department for each | 9 | | retailer's license shall be $75. The fee shall be deposited | 10 | | into the Tax Compliance and Administration Fund and shall be | 11 | | for the cost of tobacco retail inspection and contraband | 12 | | tobacco and tobacco smuggling with at least two-thirds of the | 13 | | money being used for contraband tobacco and tobacco smuggling | 14 | | operations and enforcement. | 15 | | Each applicant for a license shall pay the fee to the | 16 | | Department at the time of submitting its application for a | 17 | | license to the Department. The Department shall require an | 18 | | applicant for a license under this Section to electronically | 19 | | file and pay the fee. | 20 | | A separate annual license fee shall be paid for each place | 21 | | of business at which a person who is required to procure a | 22 | | retailer's license under this Section proposes to engage in | 23 | | business as a retailer in Illinois under this Act. | 24 | | The following are ineligible to receive a retailer's | 25 | | license under this Act: | 26 | | (1) a person who has been convicted of a felony related |
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| 1 | | to the illegal transportation, sale, or distribution of | 2 | | cigarettes, or a tobacco-related felony, under any federal | 3 | | or State law, if the Department, after investigation and a | 4 | | hearing if requested by the applicant, determines that the | 5 | | person has not been sufficiently rehabilitated to warrant | 6 | | the public trust; or | 7 | | (2) a corporation, if any officer, manager, or director | 8 | | thereof, or any stockholder or stockholders owning in the | 9 | | aggregate more than 5% of the stock of such corporation, | 10 | | would not be eligible to receive a license under this Act | 11 | | for any reason. | 12 | | The Department, upon receipt of an application and license | 13 | | fee, in proper form, from a person who is eligible to receive a | 14 | | retailer's license under this Act, shall issue to such | 15 | | applicant a license in form as prescribed by the Department. | 16 | | That license shall permit the applicant to whom it is issued to | 17 | | engage in business as a retailer under this Act at the place | 18 | | shown in his or her application. All licenses issued by the | 19 | | Department under this Section shall be valid for a period not | 20 | | to exceed one year after issuance unless sooner revoked, | 21 | | canceled, or suspended as provided in this Act. No license | 22 | | issued under this Section is transferable or assignable. The | 23 | | license shall be conspicuously displayed in the place of | 24 | | business conducted by the licensee in Illinois under such | 25 | | license. The Department shall not issue a retailer's license to | 26 | | a retailer unless the retailer is also registered under the |
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| 1 | | Retailers' Occupation Tax Act. A person who obtains a license | 2 | | as a retailer who ceases to do business as specified in the | 3 | | license, or who never commenced business, or who obtains a | 4 | | distributor's license, or whose license is suspended or | 5 | | revoked, shall immediately surrender the license to the | 6 | | Department. | 7 | | Any person aggrieved by any decision of the Department | 8 | | under this Section subsection may, within 30 days after notice | 9 | | of the decision, protest and request a hearing. Upon receiving | 10 | | a request for a hearing, the Department shall give written | 11 | | notice to the person requesting the hearing of the time and | 12 | | place fixed for the hearing and shall hold a hearing in | 13 | | conformity with the provisions of this Act and then issue its | 14 | | final administrative decision in the matter to that person. In | 15 | | the absence of a protest and request for a hearing within 30 | 16 | | days, the Department's decision shall become final without any | 17 | | further determination being made or notice given.
| 18 | | (Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
| 19 | | (35 ILCS 130/6) (from Ch. 120, par. 453.6)
| 20 | | (Text of Section before amendment by P.A. 98-1055 )
| 21 | | Sec. 6. Revocation, cancellation, or suspension of | 22 | | license. The Department may, after notice and hearing as | 23 | | provided for by this
Act, revoke, cancel or suspend the license | 24 | | of any distributor or secondary distributor for the
violation | 25 | | of any provision of this Act, or for noncompliance with any
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| 1 | | provision herein contained, or for any noncompliance with any | 2 | | lawful rule
or regulation promulgated by the Department under | 3 | | Section 8 of this Act, or
because the licensee is determined to | 4 | | be ineligible for a distributor's
license for any one or more | 5 | | of the reasons provided for in Section 4 of
this Act, or | 6 | | because the licensee is determined to be ineligible for a | 7 | | secondary distributor's license for any one or more of the | 8 | | reasons provided for in Section 4c of this Act. However, no | 9 | | such license shall be revoked, cancelled or
suspended, except | 10 | | after a hearing by the Department with notice to the
| 11 | | distributor or secondary distributor, as aforesaid, and | 12 | | affording such distributor or secondary distributor a | 13 | | reasonable
opportunity to appear and defend, and any | 14 | | distributor or secondary distributor aggrieved by any
decision | 15 | | of the Department with respect thereto may have the | 16 | | determination
of the Department judicially reviewed, as herein | 17 | | provided.
| 18 | | The Department may revoke, cancel, or suspend the license | 19 | | of any
distributor for a violation of the Tobacco Product | 20 | | Manufacturers' Escrow
Enforcement Act as provided in Section 30 | 21 | | of that Act. The Department may revoke, cancel, or suspend the | 22 | | license of any secondary distributor for a violation of | 23 | | subsection (e) of Section 15 of the Tobacco Product | 24 | | Manufacturers' Escrow Enforcement Act.
| 25 | | Any distributor or secondary distributor aggrieved by any | 26 | | decision of the Department under this
Section
may, within 20 |
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| 1 | | days after notice of the decision, protest and request a
| 2 | | hearing. Upon receiving a request for a hearing, the Department | 3 | | shall give
notice in writing to the distributor or secondary | 4 | | distributor requesting the hearing that contains a
statement of | 5 | | the charges preferred against the distributor or secondary | 6 | | distributor and that states the
time and place fixed for the | 7 | | hearing. The Department shall hold the hearing in
conformity | 8 | | with the provisions of this Act and then issue its final
| 9 | | administrative decision in the matter to the distributor or | 10 | | secondary distributor. In the absence of a
protest and request | 11 | | for a hearing within 20 days, the Department's decision
shall | 12 | | become final without any further determination being made or | 13 | | notice
given.
| 14 | | No license so revoked, as aforesaid, shall be reissued to | 15 | | any such
distributor or secondary distributor within a period | 16 | | of 6 months after the date of the final
determination of such | 17 | | revocation. No such license shall be reissued at all
so long as | 18 | | the person who would receive the license is ineligible to
| 19 | | receive a distributor's license under this Act for any one or | 20 | | more of the
reasons provided for in Section 4 of this Act or is | 21 | | ineligible to receive a secondary distributor's license under | 22 | | this Act for any one or more of the reasons provided for in | 23 | | Section 4c of this Act.
| 24 | | The Department upon complaint filed in the circuit
court | 25 | | may by injunction
restrain any person who fails, or refuses, to | 26 | | comply with any of the
provisions of this Act from acting as a |
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| 1 | | distributor or secondary distributor of cigarettes in this
| 2 | | State.
| 3 | | (Source: P.A. 96-1027, eff. 7-12-10.)
| 4 | | (Text of Section after amendment by P.A. 98-1055 )
| 5 | | Sec. 6. Revocation, cancellation, or suspension of | 6 | | license. The Department may, after notice and hearing as | 7 | | provided for by this
Act, revoke, cancel or suspend the license | 8 | | of any distributor, secondary distributor, or retailer for the
| 9 | | violation of any provision of this Act, or for noncompliance | 10 | | with any
provision herein contained, or for any noncompliance | 11 | | with any lawful rule
or regulation promulgated by the | 12 | | Department under Section 8 of this Act, or
because the licensee | 13 | | is determined to be ineligible for a distributor's
license for | 14 | | any one or more of the reasons provided for in Section 4 of
| 15 | | this Act, or because the licensee is determined to be | 16 | | ineligible for a secondary distributor's license for any one or | 17 | | more of the reasons provided for in Section 4c of this Act, or | 18 | | because the licensee is determined to be ineligible for a | 19 | | retailer's license for any one or more of the reasons provided | 20 | | for in Section 4g of this Act. However, no such license shall | 21 | | be revoked, cancelled or
suspended, except after a hearing by | 22 | | the Department with notice to the
distributor, secondary | 23 | | distributor, or retailer, as aforesaid, and affording such | 24 | | distributor, secondary distributor, or retailer a reasonable
| 25 | | opportunity to appear and defend, and any distributor, |
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| 1 | | secondary distributor, or retailer aggrieved by any
decision of | 2 | | the Department with respect thereto may have the determination
| 3 | | of the Department judicially reviewed, as herein provided.
| 4 | | The Department may revoke, cancel, or suspend the license | 5 | | of any
distributor for a violation of the Tobacco Product | 6 | | Manufacturers' Escrow
Enforcement Act as provided in Section 30 | 7 | | of that Act. The Department may revoke, cancel, or suspend the | 8 | | license of any secondary distributor for a violation of | 9 | | subsection (e) of Section 15 of the Tobacco Product | 10 | | Manufacturers' Escrow Enforcement Act.
| 11 | | 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 be | 21 | | 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 | | Any distributor, secondary distributor, or retailer | 5 | | aggrieved by any decision of the Department under this
Section
| 6 | | may, within 20 days after notice of the decision, protest and | 7 | | request a
hearing. Upon receiving a request for a hearing, the | 8 | | Department shall give
notice in writing to the distributor, | 9 | | secondary distributor, or retailer requesting the hearing that | 10 | | contains a
statement of the charges preferred against the | 11 | | distributor, secondary distributor, or retailer and that | 12 | | states the
time and place fixed for the hearing. The Department | 13 | | shall hold the hearing in
conformity with the provisions of | 14 | | this Act and then issue its final
administrative decision in | 15 | | the matter to the distributor, secondary distributor, or | 16 | | retailer. In the absence of a
protest and request for a hearing | 17 | | within 20 days, the Department's decision
shall become final | 18 | | without any further determination being made or notice
given.
| 19 | | No license so revoked, as aforesaid, shall be reissued to | 20 | | any such
distributor, secondary distributor, or retailer | 21 | | within a period of 6 months after the date of the final
| 22 | | determination of such revocation. No such license shall be | 23 | | reissued at all
so long as the person who would receive the | 24 | | license is ineligible to
receive a distributor's license under | 25 | | this Act for any one or more of the
reasons provided for in | 26 | | Section 4 of this Act, is ineligible to receive a secondary |
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| 1 | | distributor's license under this Act for any one or more of the | 2 | | reasons provided for in Section 4c of this Act, or is | 3 | | determined to be ineligible for a retailer's license under the | 4 | | Act for any one or more of the reasons provided for in Section | 5 | | 4g of this Act.
| 6 | | The Department upon complaint filed in the circuit
court | 7 | | may by injunction
restrain any person who fails, or refuses, to | 8 | | comply with any of the
provisions of this Act from acting as a | 9 | | distributor, secondary distributor, or retailer of cigarettes | 10 | | in this
State.
| 11 | | (Source: P.A. 98-1055, eff. 1-1-16.)
| 12 | | (35 ILCS 130/11) (from Ch. 120, par. 453.11)
| 13 | | (Text of Section before amendment by P.A. 98-1055 )
| 14 | | Sec. 11.
Every distributor of cigarettes, who is required | 15 | | to procure a
license under this Act, shall keep within | 16 | | Illinois, at his licensed
address, complete and accurate | 17 | | records of cigarettes held, purchased,
manufactured, brought | 18 | | in or caused to be brought in from without the State,
and sold, | 19 | | or otherwise disposed of, and shall preserve and keep within
| 20 | | Illinois at his licensed address all invoices, bills of lading, | 21 | | sales
records, copies of bills of sale, inventory at the close | 22 | | of each period for
which a return is required of all cigarettes | 23 | | on hand and of all cigarette
revenue stamps, both affixed and | 24 | | unaffixed, and other pertinent papers and
documents relating to | 25 | | the manufacture, purchase, sale or disposition of
cigarettes. |
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| 1 | | All books and records and other papers and documents that are
| 2 | | required by this Act to be kept shall be kept in the English | 3 | | language, and
shall, at all times during the usual business | 4 | | hours of the day, be subject
to inspection by the Department or | 5 | | its duly authorized agents and employees.
The Department may | 6 | | adopt rules that establish requirements, including record
| 7 | | forms and formats, for records required to be kept and | 8 | | maintained by taxpayers.
For purposes of this Section, | 9 | | "records" means all data maintained by the
taxpayer, including | 10 | | data on paper, microfilm, microfiche or any type of
| 11 | | machine-sensible data compilation. Those books, records, | 12 | | papers and documents
shall be preserved for a period of at | 13 | | least 3 years after the date of the
documents, or the date of | 14 | | the entries appearing in the records, unless the
Department, in | 15 | | writing, authorizes their destruction or disposal at an earlier
| 16 | | date. At all times during the usual business hours of the day | 17 | | any duly
authorized agent or employee of the Department may | 18 | | enter any place of business
of the distributor, without a | 19 | | search warrant, and inspect the premises and the
stock or | 20 | | packages of cigarettes and the vending devices therein | 21 | | contained, to
determine whether any of the provisions of this | 22 | | Act are being violated. If such
agent or employee is denied | 23 | | free access or is hindered or interfered with in
making such | 24 | | examination as herein provided, the license of the distributor | 25 | | at
such premises shall be subject to revocation by the | 26 | | Department.
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| 1 | | (Source: P.A. 88-480.)
| 2 | | (Text of Section after amendment by P.A. 98-1055 )
| 3 | | Sec. 11.
Every distributor of cigarettes, who is required | 4 | | to procure a
license under this Act, shall keep within | 5 | | Illinois, at his licensed
address, complete and accurate | 6 | | records of cigarettes held, purchased,
manufactured, brought | 7 | | in or caused to be brought in from without the State,
and sold, | 8 | | or otherwise disposed of, and shall preserve and keep within
| 9 | | Illinois at his licensed address all invoices, bills of lading, | 10 | | sales
records, copies of bills of sale, inventory at the close | 11 | | of each period for
which a return is required of all cigarettes | 12 | | on hand and of all cigarette
revenue stamps, both affixed and | 13 | | unaffixed, and other pertinent papers and
documents relating to | 14 | | the manufacture, purchase, sale or disposition of
cigarettes. | 15 | | Every sales invoice issued by a licensed distributor to a | 16 | | retailer in this State shall contain the distributor's | 17 | | cigarette distributor license number unless the distributor | 18 | | has been granted a waiver by the Department in response to a | 19 | | written request in cases where (i) the distributor sells | 20 | | cigarettes only to retailers that are wholly-owned by the | 21 | | distributor or owned by a wholly-owned subsidiary of the | 22 | | distributor; (ii) the retailer obtains cigarettes only from the | 23 | | distributor requesting the waiver; and (iii) the distributor | 24 | | affixes the tax stamps to the original packages of cigarettes | 25 | | sold to the retailer. The distributor shall file a written |
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| 1 | | request with the Department, and, if the Department determines | 2 | | that the distributor meets the conditions for a waiver, the | 3 | | Department shall grant the waiver . All books and records and | 4 | | other papers and documents that are
required by this Act to be | 5 | | kept shall be kept in the English language, and
shall, at all | 6 | | times during the usual business hours of the day, be subject
to | 7 | | inspection by the Department or its duly authorized agents and | 8 | | employees.
The Department may adopt rules that establish | 9 | | requirements, including record
forms and formats, for records | 10 | | required to be kept and maintained by taxpayers.
For purposes | 11 | | of this Section, "records" means all data maintained by the
| 12 | | taxpayer, including data on paper, microfilm, microfiche or any | 13 | | type of
machine-sensible data compilation. Those books, | 14 | | records, papers and documents
shall be preserved for a period | 15 | | of at least 3 years after the date of the
documents, or the | 16 | | date of the entries appearing in the records, unless the
| 17 | | Department, in writing, authorizes their destruction or | 18 | | disposal at an earlier
date. At all times during the usual | 19 | | business hours of the day any duly
authorized agent or employee | 20 | | of the Department may enter any place of business
of the | 21 | | distributor, without a search warrant, and inspect the premises | 22 | | and the
stock or packages of cigarettes and the vending devices | 23 | | therein contained, to
determine whether any of the provisions | 24 | | of this Act are being violated. If such
agent or employee is | 25 | | denied free access or is hindered or interfered with in
making | 26 | | such examination as herein provided, the license of the |
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| 1 | | distributor at
such premises shall be subject to revocation by | 2 | | the Department.
| 3 | | (Source: P.A. 98-1055, eff. 1-1-16.)
| 4 | | (35 ILCS 130/11c) | 5 | | (This Section may contain text from a Public Act with a | 6 | | delayed effective date ) | 7 | | Sec. 11c. Retailers; records. Every retailer who is | 8 | | required to procure a license under this Act shall keep within | 9 | | Illinois complete and accurate records of cigarettes | 10 | | purchased, sold, or otherwise disposed of. It shall be the duty | 11 | | of every retail licensee to make sales records, copies of bills | 12 | | of sale, and inventory at the close of each period for which a | 13 | | report is required of all cigarettes on hand available upon | 14 | | reasonable notice for the purpose of investigation and control | 15 | | by the Department. Such records need not be maintained on the | 16 | | licensed premises, but must be maintained in the State of | 17 | | Illinois; however, if access is available electronically, the | 18 | | records may be maintained out of state. However, all original | 19 | | invoices or copies thereof covering purchases of cigarettes | 20 | | must be retained on the licensed premises for a period of 90 | 21 | | days after such purchase, unless the Department has granted a | 22 | | waiver in response to a written request in cases where records | 23 | | are kept at a central business location within the State of | 24 | | Illinois or in cases where records that are available | 25 | | electronically are maintained out of state. The Department may |
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| 1 | | adopt rules that establish requirements, including record | 2 | | forms and formats, for records required to be kept and | 3 | | maintained by the retailer. The Department shall adopt rules | 4 | | regarding the maintenance and accessibility of records located | 5 | | out-of-State pursuant to the waiver provided under this Act. | 6 | | For purposes of this Section, "records" means all data | 7 | | maintained by the retailer, including data on paper, microfilm, | 8 | | microfiche or any type of machine sensible data compilation. | 9 | | Those books, records, papers, and documents shall be preserved | 10 | | for a period of at least 3 years after the date of the | 11 | | documents, or the date of the entries appearing in the records, | 12 | | unless the Department, in writing, authorizes their | 13 | | destruction or disposal at an earlier date. At all times during | 14 | | the usual business hours of the day, any duly authorized agent | 15 | | or employee of the Department may enter any place of business | 16 | | of the retailer without a search warrant and may inspect the | 17 | | premises to determine whether any of the provisions of this Act | 18 | | are being violated. If such agent or employee is denied free | 19 | | access or is hindered or interfered with in making such | 20 | | examination as herein provided, the license of the retailer | 21 | | shall be subject to suspension or revocation by the Department.
| 22 | | (Source: P.A. 98-1055, eff. 1-1-16.) | 23 | | Section 10. The Tobacco Products Tax Act of 1995 is amended | 24 | | by changing Sections 10-21, 10-25, and 10-35 as follows: |
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| 1 | | (35 ILCS 143/10-21) | 2 | | (This Section may contain text from a Public Act with a | 3 | | delayed effective date ) | 4 | | Sec. 10-21. Retailer's license. Beginning on January 1, | 5 | | 2016, no person may engage in business as a retailer of tobacco | 6 | | products in this State without first having obtained a license | 7 | | from the Department. Application for license shall be made to | 8 | | the Department, by electronic means, in a form prescribed by | 9 | | the Department. Each applicant for a license under this Section | 10 | | shall furnish to the Department, in an electronic format | 11 | | established by the Department, the following information: | 12 | | (1) the name and address of the applicant; | 13 | | (2) the address of the location at which the applicant | 14 | | proposes to engage in business as a retailer of tobacco | 15 | | products in this State; | 16 | | (3) such other additional information as the | 17 | | Department may lawfully require by its rules and | 18 | | regulations. | 19 | | The annual license fee payable to the Department for each | 20 | | retailer's license shall be $75. The fee will be deposited into | 21 | | the Tax Compliance and Administration Fund and shall be used | 22 | | for the cost of tobacco retail inspection and contraband | 23 | | tobacco and tobacco smuggling with at least two-thirds of the | 24 | | money being used for contraband tobacco and tobacco smuggling | 25 | | operations and enforcement. | 26 | | Each applicant for license shall pay such fee to the |
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| 1 | | Department at the time of submitting its application for | 2 | | license to the Department. The Department shall require an | 3 | | applicant for a license under this Section to electronically | 4 | | file and pay the fee. | 5 | | A separate annual license fee shall be paid for each place | 6 | | of business at which a person who is required to procure a | 7 | | retailer's license under this Section proposes to engage in | 8 | | business as a retailer in Illinois under this Act. | 9 | | The following are ineligible to receive a retailer's | 10 | | license under this Act: | 11 | | (1) a person who has been convicted of a felony under | 12 | | any federal or State law for smuggling cigarettes or | 13 | | tobacco products or tobacco tax evasion, if the Department, | 14 | | after investigation and a hearing if requested by the | 15 | | applicant, determines that such person has not been | 16 | | sufficiently rehabilitated to warrant the public trust; | 17 | | and | 18 | | (2) a corporation, if any officer, manager or director | 19 | | thereof, or any stockholder or stockholders owning in the | 20 | | aggregate more than 5% of the stock of such corporation, | 21 | | would not be eligible to receive a license under this Act | 22 | | for any reason. | 23 | | The Department, upon receipt of an application and license | 24 | | fee, in proper form, from a person who is eligible to receive a | 25 | | retailer's license under this Act, shall issue to such | 26 | | applicant a license in form as prescribed by the Department, |
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| 1 | | which license shall permit the applicant to which it is issued | 2 | | to engage in business as a retailer under this Act at the place | 3 | | shown in his application. All licenses issued by the Department | 4 | | under this Section shall be valid for a period not to exceed | 5 | | one year after issuance unless sooner revoked, canceled or | 6 | | suspended as provided in this Act. No license issued under this | 7 | | Section is transferable or assignable. Such license shall be | 8 | | conspicuously displayed in the place of business conducted by | 9 | | the licensee in Illinois under such license. A person who | 10 | | obtains a license as a retailer who ceases to do business as | 11 | | specified in the license, or who never commenced business, or | 12 | | who obtains a distributor's license, or whose license is | 13 | | suspended or revoked, shall immediately surrender the license | 14 | | to the Department. The Department shall not issue a license to | 15 | | a retailer unless the retailer is also validly registered under | 16 | | the Retailers Occupation Tax Act. | 17 | | A retailer as defined under this Act need not obtain an | 18 | | additional license under this Act, but shall be deemed to be | 19 | | sufficiently licensed by virtue of his being properly licensed | 20 | | as a retailer under Section 4g of the Cigarette Tax Act. | 21 | | Any person aggrieved by any decision of the Department | 22 | | under this Section subsection may, within 30 days after notice | 23 | | of the decision, protest and request a hearing. Upon receiving | 24 | | a request for a hearing, the Department shall give notice to | 25 | | the person requesting the hearing of the time and place fixed | 26 | | for the hearing and shall hold a hearing in conformity with the |
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| 1 | | provisions of this Act and then issue its final administrative | 2 | | decision in the matter to that person. In the absence of a | 3 | | protest and request for a hearing within 30 days, the | 4 | | Department's decision shall become final without any further | 5 | | determination being made or notice given.
| 6 | | (Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
| 7 | | (35 ILCS 143/10-25)
| 8 | | (Text of Section before amendment by P.A. 98-1055 )
| 9 | | Sec. 10-25. License actions. The Department may, after | 10 | | notice and a hearing,
revoke, cancel, or suspend the license of | 11 | | any distributor who violates any of
the provisions of this Act. | 12 | | The notice shall specify the alleged violation or
violations | 13 | | upon which the revocation, cancellation, or suspension | 14 | | proceeding is
based.
| 15 | | The Department may revoke, cancel, or suspend the license | 16 | | of any
distributor for a violation of the Tobacco Product | 17 | | Manufacturers' Escrow
Enforcement Act as provided in Section 20 | 18 | | of that Act.
| 19 | | The Department may, by application to any circuit court, | 20 | | obtain an injunction
restraining any person who engages in | 21 | | business as a distributor of tobacco
products without a license | 22 | | (either because his or her license has been revoked,
canceled, | 23 | | or suspended or because of a failure to obtain a license in the | 24 | | first
instance) from engaging in that business until that | 25 | | person, as if that person
were a new applicant for a license, |
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| 1 | | complies with all of the conditions,
restrictions, and | 2 | | requirements of Section 10-20 of this Act and qualifies for
and | 3 | | obtains a license. Refusal or neglect to obey the order of the | 4 | | court may
result in punishment for contempt.
| 5 | | (Source: P.A. 92-737, eff. 7-25-02.)
| 6 | | (Text of Section after amendment by P.A. 98-1055 )
| 7 | | Sec. 10-25. License actions. | 8 | | (a) The Department may, after notice and a hearing,
revoke, | 9 | | cancel, or suspend the license of any distributor or retailer | 10 | | who violates any of
the provisions of this Act. The notice | 11 | | shall specify the alleged violation or
violations upon which | 12 | | the revocation, cancellation, or suspension proceeding is
| 13 | | based.
| 14 | | (b) The Department may revoke, cancel, or suspend the | 15 | | license of any
distributor for a violation of the Tobacco | 16 | | Product Manufacturers' Escrow
Enforcement Act as provided in | 17 | | Section 20 of that Act.
| 18 | | (c) If the retailer has a training program that facilitates | 19 | | compliance with minimum-age tobacco laws, the Department shall | 20 | | suspend for 3 days the license of that retailer for a fourth or | 21 | | subsequent violation of the Prevention of Tobacco Use by Minors | 22 | | and Sale and Distribution of Tobacco Products Act, as provided | 23 | | in subsection (a) of Section 2 of that Act. For the purposes of | 24 | | this Section, any violation of subsection (a) of Section 2 of | 25 | | the Prevention of Tobacco Use by Minors and Sale and |
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| 1 | | Distribution of Tobacco Products Act occurring at the | 2 | | retailer's licensed location, during a 24-month period, shall | 3 | | be counted as a violation against the retailer. | 4 | | If the retailer does not have a training program that | 5 | | facilitates compliance with minimum-age tobacco laws, the | 6 | | Department shall suspend for 3 days the license of that | 7 | | retailer for a second violation of the Prevention of Tobacco | 8 | | Use by Minors and Sale and Distribution of Tobacco Products | 9 | | Act, as provided in subsection (a-5) of Section 2 of that Act. | 10 | | If the retailer does not have a training program that | 11 | | facilitates compliance with minimum-age tobacco laws, the | 12 | | Department shall suspend for 7 days the license of that | 13 | | retailer for a third violation of the Prevention of Tobacco Use | 14 | | by Minors and Sale and Distribution of Tobacco Products Act, as | 15 | | provided in subsection (a-5) of Section 2 of that Act. | 16 | | If the retailer does not have a training program that | 17 | | facilitates compliance with minimum-age tobacco laws, the | 18 | | Department shall suspend for 30 days the license of a retailer | 19 | | for a fourth or subsequent violation of the Prevention of | 20 | | Tobacco Use by Minors and Sale and Distribution of Tobacco | 21 | | Products Act, as provided in subsection (a-5) of Section 2 of | 22 | | that Act. | 23 | | A training program that facilitates compliance with | 24 | | minimum-age tobacco laws must include at least the following | 25 | | elements: (i) it must explain that only individuals displaying | 26 | | valid identification demonstrating that they are 18 years of |
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| 1 | | age or older shall be eligible to purchase cigarettes or | 2 | | tobacco products and ; (ii) it must explain where a clerk can | 3 | | check identification for a date of birth ; and (iii) it must | 4 | | explain the penalties that a clerk and retailer are subject to | 5 | | for violations of the Prevention of Tobacco Use by Minors and | 6 | | Sale and Distribution of Tobacco Products Act . The training may | 7 | | be conducted electronically. Each retailer that has a training | 8 | | program shall require each employee who completes the training | 9 | | program to sign a form attesting that the employee has received | 10 | | and completed tobacco training. The form shall be kept in the | 11 | | employee's file and may be used to provide proof of training. | 12 | | (d) The Department may, by application to any circuit | 13 | | court, obtain an injunction
restraining any person who engages | 14 | | in business as a distributor of tobacco
products without a | 15 | | license (either because his or her license has been revoked,
| 16 | | canceled, or suspended or because of a failure to obtain a | 17 | | license in the first
instance) from engaging in that business | 18 | | until that person, as if that person
were a new applicant for a | 19 | | license, 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. 98-1055, eff. 1-1-16.)
| 24 | | (35 ILCS 143/10-35)
| 25 | | (Text of Section before amendment by P.A. 98-1055 )
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| 1 | | Sec. 10-35. Record keeping. Every distributor, as defined | 2 | | in Section 10-5,
shall keep complete and accurate records of | 3 | | tobacco products held, purchased,
manufactured, brought in or | 4 | | caused to be brought in from without the State, and
tobacco | 5 | | products sold, or otherwise disposed of, and shall preserve and | 6 | | keep
all invoices, bills of lading, sales records, and copies | 7 | | of bills
of sale, the wholesale price for tobacco products sold | 8 | | or otherwise disposed
of, an inventory of tobacco products | 9 | | prepared as of December 31 of each year or
as of the last day of | 10 | | the distributor's fiscal year if he or she files federal
income | 11 | | tax returns on the basis of a fiscal year, and other pertinent | 12 | | papers
and documents relating to the manufacture, purchase, | 13 | | sale, or disposition of
tobacco products. Books, records, | 14 | | papers, and documents that are
required by this Act to be kept | 15 | | shall, at all times during the usual business
hours of the day, | 16 | | be subject to inspection by the Department or its duly
| 17 | | authorized agents and employees. The books, records, papers, | 18 | | and documents for
any period with respect to which the | 19 | | Department is authorized to issue a notice
of tax liability | 20 | | shall be preserved until the expiration of that period.
| 21 | | (Source: P.A. 89-21, eff. 6-6-95.)
| 22 | | (Text of Section after amendment by P.A. 98-1055 )
| 23 | | Sec. 10-35. Record keeping. | 24 | | (a) Every distributor, as defined in Section 10-5,
shall | 25 | | keep complete and accurate records of tobacco products held, |
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| 1 | | purchased,
manufactured, brought in or caused to be brought in | 2 | | from without the State, and
tobacco products sold, or otherwise | 3 | | disposed of, and shall preserve and keep
all invoices, bills of | 4 | | lading, sales records, and copies of bills
of sale, the | 5 | | wholesale price for tobacco products sold or otherwise disposed
| 6 | | of, an inventory of tobacco products prepared as of December 31 | 7 | | of each year or
as of the last day of the distributor's fiscal | 8 | | year if he or she files federal
income tax returns on the basis | 9 | | of a fiscal year, and other pertinent papers
and documents | 10 | | relating to the manufacture, purchase, sale, or disposition of
| 11 | | tobacco products. Every sales invoice issued by a licensed | 12 | | distributor to a retailer in this State shall contain the | 13 | | distributor's Tobacco Products License number unless the | 14 | | distributor has been granted a waiver by the Department in | 15 | | response to a written request in cases where (i) the | 16 | | distributor sells cigarettes only to retailers that are | 17 | | wholly-owned by the distributor or owned by a wholly-owned | 18 | | subsidiary of the distributor; (ii) the retailer obtains | 19 | | cigarettes only from the distributor requesting the waiver; and | 20 | | (iii) the distributor affixes the tax stamps to the original | 21 | | packages of cigarettes sold to the retailer. The distributor | 22 | | shall file a written request with the Department, and, if the | 23 | | Department determines that the distributor meets the | 24 | | conditions for a waiver, the Department shall grant the waiver . | 25 | | (b) Every retailer, as defined in Section 10-5, shall keep | 26 | | complete and accurate records of tobacco products held, |
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| 1 | | purchased, sold, or otherwise disposed of, and shall preserve | 2 | | and keep all invoices, bills of lading, sales records, and | 3 | | copies of bills of sale, returns and other pertinent papers and | 4 | | documents relating to the purchase, sale, or disposition of | 5 | | tobacco products. Such records need not be maintained on the | 6 | | licensed premises, but must be maintained in the State of | 7 | | Illinois; however, if access is available electronically, the | 8 | | records may be maintained out of state. However, all original | 9 | | invoices or copies thereof covering purchases of tobacco | 10 | | products must be retained on the licensed premises for a period | 11 | | of 90 days after such purchase, unless the Department has | 12 | | granted a waiver in response to a written request in cases | 13 | | where records are kept at a central business location within | 14 | | the State of Illinois or in cases where records that are | 15 | | available electronically are maintained out of state. The | 16 | | Department shall adopt rules regarding the maintenance and | 17 | | accessibility of records located out-of-State pursuant to the | 18 | | waiver provided under this Act. | 19 | | (c) Books, records, papers, and documents that are
required | 20 | | by this Act to be kept shall, at all times during the usual | 21 | | business
hours of the day, be subject to inspection by the | 22 | | Department or its duly
authorized agents and employees. The | 23 | | books, records, papers, and documents for
any period with | 24 | | respect to which the Department is authorized to issue a notice
| 25 | | of tax liability shall be preserved until the expiration of | 26 | | that period.
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| 1 | | (Source: P.A. 98-1055, eff. 1-1-16.)
| 2 | | Section 15. The Prevention of Tobacco Use by
Minors and | 3 | | Sale and Distribution of Tobacco Products Act is amended by | 4 | | changing Section 2 as follows: | 5 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 6 | | (Text of Section before amendment by P.A. 98-1055 ) | 7 | | Sec. 2. Penalties. | 8 | | (a) Any person who violates subsection (a), (a-5), or (a-6) | 9 | | of Section 1
or Section 1.5 of this Act is guilty of a
petty | 10 | | offense and
for the first offense
shall be fined $200, $400 for | 11 | | the
second offense in a 12-month period, and
$600 for the third | 12 | | or any
subsequent
offense in a 12-month period.
| 13 | | (b) If a minor violates subsection (a-7) of Section 1 he or | 14 | | she is guilty of a petty offense and the court may
impose a | 15 | | sentence of 15 hours of
community
service or a fine of $25 for | 16 | | a first violation.
| 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 $50 and
25
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 $100
fine
and 30 | 24 | | hours of community service.
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| 1 | | (e) Any second or subsequent violation not within the | 2 | | 12-month time period
after
the first violation is punishable as | 3 | | provided for a first violation.
| 4 | | (f) If a minor is convicted of or placed on supervision for | 5 | | a violation of
subsection (a-7) of Section 1, the court may, in | 6 | | its discretion, and upon
recommendation by the State's | 7 | | Attorney, order that minor and his or her parents
or legal
| 8 | | guardian to attend a smoker's education or youth diversion | 9 | | program if that
program is available in the jurisdiction where | 10 | | the offender resides.
Attendance at a smoker's education or | 11 | | youth diversion program
shall be time-credited against any | 12 | | community service time imposed for any
first violation of | 13 | | subsection (a-7) of Section 1. In addition to any other
penalty
| 14 | | that the court may impose for a violation of subsection (a-7) | 15 | | of Section 1, the
court, upon request by the State's Attorney, | 16 | | may in its discretion
require
the offender to remit a fee for | 17 | | his or her attendance at a smoker's
education or
youth | 18 | | diversion program.
| 19 | | (g) For purposes of this Section, "smoker's education
| 20 | | program"
or
"youth diversion program" includes, but is not | 21 | | limited to, a seminar designed
to educate a person on the | 22 | | physical and psychological effects of smoking
tobacco products | 23 | | and the health consequences of smoking tobacco products
that | 24 | | can be conducted with a locality's youth diversion program.
| 25 | | (h) All moneys collected as fines for violations of | 26 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be |
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| 1 | | distributed in the following manner:
| 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 | | (Source: P.A. 98-350, eff. 1-1-14.)
| 8 | | (Text of Section after amendment by P.A. 98-1055 ) | 9 | | Sec. 2. Penalties. | 10 | | (a) Any person who violates subsection (a) or (a-5) of | 11 | | Section 1 or Section 1.5 of this Act is guilty of a petty | 12 | | offense. For the first offense in a 24-month period, the person | 13 | | shall be fined $200 if his or her employer has a training | 14 | | program that facilitates compliance with minimum-age tobacco | 15 | | laws. For the second offense in a 24-month period, the person | 16 | | shall be fined $400 if his or her employer has a training | 17 | | program that facilitates compliance with minimum-age tobacco | 18 | | laws. For the third offense in a 24-month period, the person | 19 | | shall be fined $600 if his or her employer has a training | 20 | | program that facilitates compliance with minimum-age tobacco | 21 | | laws. For the fourth or subsequent offense in a 24-month | 22 | | period, the person shall be fined $800 if his or her employer | 23 | | has a training program that facilitates compliance with | 24 | | minimum-age tobacco laws. For the purposes of this subsection, | 25 | | the 24-month period shall begin with the person's first |
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| 1 | | violation of the Act. The penalties in this subsection are in | 2 | | addition to any other penalties prescribed under the Cigarette | 3 | | Tax Act and the Tobacco Products Tax Act of 1995. | 4 | | (a-5) 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, the retailer shall be fined | 7 | | $200 if it does not have a training program that facilitates | 8 | | compliance with minimum-age tobacco laws. For the second | 9 | | offense, the retailer shall be fined $400 if it does not have a | 10 | | training program that facilitates compliance with minimum-age | 11 | | tobacco laws. For the third offense, the retailer shall be | 12 | | fined $600 if it does not have a training program that | 13 | | facilitates compliance with minimum-age tobacco laws. For the | 14 | | fourth or subsequent offense in a 24-month period, the retailer | 15 | | shall be fined $800 if it does not have a training program that | 16 | | facilitates compliance with minimum-age tobacco laws. For the | 17 | | purposes of this subsection, the 24-month period shall begin | 18 | | with the person's first violation of the Act. The penalties in | 19 | | this subsection are in addition to any other penalties | 20 | | prescribed under the Cigarette Tax Act and the Tobacco Products | 21 | | Tax Act of 1995. | 22 | | (a-6) For the purpose of this Act, a training program that | 23 | | facilitates compliance with minimum-age tobacco laws must | 24 | | include at least the following elements: (i) it must explain | 25 | | that only individuals displaying valid identification | 26 | | demonstrating that they are 18 years of age or older shall be |
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| 1 | | eligible to purchase cigarettes or tobacco products and ; (ii) | 2 | | it must explain where a clerk can check identification for a | 3 | | date of birth ; and (iii) it must explain the penalties that a | 4 | | clerk and retailer are subject to for violations of the | 5 | | Prevention of Tobacco Use by Minors and Sale and Distribution | 6 | | of Tobacco Products Act . The training may be conducted | 7 | | electronically. Each retailer that has a training program shall | 8 | | require each employee who completes the training program to | 9 | | sign a form attesting that the employee has received and | 10 | | completed tobacco training. The form shall be kept in the | 11 | | employee's file and may be used to provide proof of training.
| 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.".
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