Full Text of HB0235 100th General Assembly
HB0235ham001 100TH GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 2/3/2017
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| 1 | | AMENDMENT TO HOUSE BILL 235
| 2 | | AMENDMENT NO. ______. Amend House Bill 235 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Cigarette Tax Act is amended by changing | 5 | | Section 24 as follows:
| 6 | | (35 ILCS 130/24) (from Ch. 120, par. 453.24)
| 7 | | Sec. 24. Punishment for sale or possession of packages of | 8 | | contraband cigarettes.
| 9 | | (a) Possession or sale of 100 or less packages of | 10 | | contraband cigarettes. With the exception of licensed | 11 | | distributors, licensed secondary distributors, or licensed | 12 | | transporters, as defined in Section 9c of this Act, any person | 13 | | who has in his or her possession or sells 100 or less original | 14 | | packages of contraband cigarettes is guilty of a Class A | 15 | | misdemeanor and a Class 4 felony for each subsequent offense | 16 | | occurring within 12 months of a prior offense. |
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| 1 | | (b) Possession or sale of more than 100 but less than 251 | 2 | | packages of contraband cigarettes. With the exception of | 3 | | licensed distributors, licensed secondary distributors, or | 4 | | licensed transporters, as defined in Section 9c of this Act, | 5 | | any person who has in his or her possession or sells more than | 6 | | 100 but less than 251 original packages of contraband | 7 | | cigarettes is guilty of a Class A misdemeanor for a first | 8 | | offense and a Class 4 felony for each subsequent offense. | 9 | | (c) Possession or sale of more than 250 but less than 1,001 | 10 | | packages of contraband cigarettes. With the exception of | 11 | | licensed distributors, licensed secondary distributors, or | 12 | | licensed transporters, as defined in Section 9c of this Act, | 13 | | any person who has in his or her possession or sells more than | 14 | | 250 but less than 1,001 original packages of contraband | 15 | | cigarettes is guilty of a Class 4 felony. | 16 | | (d) Possession or sale of more than 1,000 packages of | 17 | | contraband cigarettes. With the exception of licensed | 18 | | distributors, licensed secondary distributors, or licensed | 19 | | transporters, as defined in Section 9c of this Act, any person | 20 | | who has in his or her possession or sells more than 1,000 | 21 | | original packages of contraband cigarettes is guilty of a Class | 22 | | 3 felony. | 23 | | (e) Any person licensed as a distributor, secondary | 24 | | distributor, or transporter, as defined in Section 9c of this | 25 | | Act, who has in his or her possession or sells 100 or less | 26 | | original packages of contraband cigarettes is guilty of a Class |
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| 1 | | A misdemeanor and a Class 4 felony for each subsequent offense | 2 | | occurring within 12 months of a prior offense. | 3 | | (f) Any person licensed as a distributor, secondary | 4 | | distributor, or transporter, as defined in Section 9c of this | 5 | | Act, who has in his or her possession or sells more than 100 | 6 | | original packages of contraband cigarettes is guilty of a Class | 7 | | 4 felony. | 8 | | (g) Notwithstanding subsections (e) through (f), licensed | 9 | | distributors and transporters, as defined in Section 9c of this | 10 | | Act, may possess unstamped packages of cigarettes. | 11 | | Notwithstanding subsections (e) through (f), licensed | 12 | | distributors may possess cigarettes that bear a tax stamp of | 13 | | another state or taxing jurisdiction. Notwithstanding | 14 | | subsections (e) through (f), a licensed distributor or licensed | 15 | | secondary distributor may possess contraband cigarettes | 16 | | returned to the distributor or licensed secondary distributor | 17 | | by a retailer if the distributor or licensed secondary | 18 | | distributor immediately conducts an inventory of the | 19 | | cigarettes being returned, the distributor or licensed | 20 | | secondary distributor and the retailer returning the | 21 | | contraband cigarettes sign the inventory, the distributor or | 22 | | licensed secondary distributor provides a copy of the signed | 23 | | inventory to the retailer, and the distributor retains the | 24 | | inventory in its books and records and promptly notifies the | 25 | | Department of Revenue. | 26 | | (h) Notwithstanding subsections (a) through (d) of this |
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| 1 | | Section, a retailer unknowingly possessing contraband | 2 | | cigarettes obtained from a licensed distributor or licensed | 3 | | secondary distributor or knowingly possessing contraband | 4 | | cigarettes obtained from a licensed distributor is not subject | 5 | | to penalties under this Section if the retailer, within 48 | 6 | | hours after discovering that the cigarettes are contraband | 7 | | cigarettes, excluding Saturdays, Sundays, and holidays: (i) | 8 | | notifies the Department and the licensed distributor or | 9 | | licensed secondary distributor from whom the cigarettes were | 10 | | obtained, orally and in writing, that he or she possesses | 11 | | contraband cigarettes obtained from a licensed distributor or | 12 | | licensed secondary distributor; (ii) places the contraband | 13 | | cigarettes in one or more containers and seals those | 14 | | containers; and (iii) places on the containers the following or | 15 | | similar language: "Contraband Cigarettes. Not For Sale." All | 16 | | contraband cigarettes in the possession of a retailer remain | 17 | | subject to forfeiture under the provisions of this Act.
| 18 | | Any retailer who knowingly possesses packages of | 19 | | cigarettes with a counterfeit stamp with intent to sell is | 20 | | guilty of a Class 2 felony. Any retailer who knowingly | 21 | | possesses unstamped packages of cigarettes with intent to sell | 22 | | is guilty of a Class 4 felony. A retailer shall not be liable | 23 | | for unknowingly possessing, selling, or distributing to | 24 | | consumers cigarettes that contain an old stamp if the correct | 25 | | tax was collected at the point of sale and the cigarettes were | 26 | | obtained from a distributor licensed under this Act. |
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| 1 | | (i) Notwithstanding any other provision of law, violations | 2 | | relating to the sale or distribution by any person of a tobacco | 3 | | product in this Section, including, but not limited to, a | 4 | | single or loose cigarette, that is not contained within a | 5 | | sealed container, pack, or package as provided by the | 6 | | manufacturer, which container, pack, or package bears the | 7 | | health warning required by federal law, other than violations | 8 | | involving the sale or distribution of a tobacco product to a | 9 | | minor under the age of 18, shall be subject only to the | 10 | | penalties provided in an ordinance of the unit of local | 11 | | government where the violation is committed. | 12 | | (Source: P.A. 98-1055, eff. 1-1-16 .)
| 13 | | Section 10. The Cigarette Use Tax Act is amended by | 14 | | changing Section 30 as follows:
| 15 | | (35 ILCS 135/30) (from Ch. 120, par. 453.60)
| 16 | | Sec. 30. Punishment for sale or possession of unstamped | 17 | | packages of cigarettes, other than by a licensed distributor or | 18 | | transporter. | 19 | | (a) Possession or sale of more than 9 but less than 101 | 20 | | unstamped packages of cigarettes. With the exception of | 21 | | licensed distributors, licensed secondary distributors, or | 22 | | licensed transporters, as defined in Section 9c of the | 23 | | Cigarette Tax Act, any person who has in his or her possession | 24 | | or sells more than 9 but less than 101 original packages of |
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| 1 | | contraband cigarettes is guilty of a Class A misdemeanor and a | 2 | | Class 4 felony for each subsequent offense occurring within 12 | 3 | | months of a prior offense. | 4 | | (b) Possession or sale of more than 100 but less than 251 | 5 | | unstamped packages of cigarettes. With the exception of | 6 | | licensed distributors, licensed secondary distributors, or | 7 | | licensed transporters, as defined in Section 9c of the | 8 | | Cigarette Tax Act, any person who has in his or her possession | 9 | | or sells more than 100 but less than 251 original packages of | 10 | | contraband cigarettes is guilty of a Class A misdemeanor for | 11 | | the first offense and a Class 4 felony for each subsequent | 12 | | offense. | 13 | | (c) Possession or sale of more than 250 but less than 1,001 | 14 | | unstamped packages of cigarettes. With the exception of | 15 | | licensed distributors, licensed secondary distributors, or | 16 | | licensed transporters, as defined in Section 9c of the | 17 | | Cigarette Tax Act, any person who has in his or her possession | 18 | | or sells more than 250 but less than 1,001 original packages of | 19 | | contraband cigarettes is guilty of a Class 4 felony. | 20 | | (d) Possession or sale of more than 1,000 contraband | 21 | | packages of cigarettes. With the exception of licensed | 22 | | distributors, licensed secondary distributors, or licensed | 23 | | transporters, as defined in Section 9c of the Cigarette Tax | 24 | | Act, any person who has in his or her possession or sells, more | 25 | | than 1,000 original packages of contraband cigarettes is guilty | 26 | | of a Class 3 felony. |
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| 1 | | (e) Any person licensed as a distributor, secondary | 2 | | distributor, or transporter, as defined in Section 9c of the | 3 | | Cigarette Tax Act, who has in his or her possession or sells | 4 | | 100 or less original packages of contraband cigarettes is | 5 | | guilty of a Class A misdemeanor and a Class 4 felony for each | 6 | | subsequent offense occurring within 12 months of a prior | 7 | | offense. | 8 | | (f) Any person licensed as a distributor, secondary | 9 | | distributor, or transporter, as defined in Section 9c of the | 10 | | Cigarette Tax Act, who has in his or her possession or sells | 11 | | more than 100 original packages of contraband cigarettes is | 12 | | guilty of a Class 4 felony. | 13 | | (g) Notwithstanding subsections (e) through (f), licensed | 14 | | distributors and transporters, as defined in Section 9c of the | 15 | | Cigarette Tax Act, may possess unstamped packages of | 16 | | cigarettes. Notwithstanding subsections (e) through (f), | 17 | | licensed distributors may possess cigarettes that bear a tax | 18 | | stamp of another state or taxing jurisdiction. Notwithstanding | 19 | | subsections (e) through (f), a licensed distributor or licensed | 20 | | secondary distributor may possess contraband cigarettes | 21 | | returned to the distributor or licensed secondary distributor | 22 | | by a retailer if the distributor or licensed secondary | 23 | | distributor immediately conducts an inventory of the | 24 | | cigarettes being returned, the distributor or licensed | 25 | | secondary distributor and the retailer returning the | 26 | | contraband cigarettes sign the inventory, the distributor or |
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| 1 | | licensed secondary distributor provides a copy of the signed | 2 | | inventory to the retailer, and the distributor or licensed | 3 | | secondary distributor retains the inventory in its books and | 4 | | records and promptly notifies the Department of Revenue. | 5 | | (h) Notwithstanding subsections (a) through (d) of this | 6 | | Section, a retailer unknowingly possessing contraband | 7 | | cigarettes obtained from a licensed distributor or licensed | 8 | | secondary distributor or knowingly possessing contraband | 9 | | cigarettes obtained from a licensed distributor or licensed | 10 | | secondary distributor is not subject to penalties under this | 11 | | Section if the retailer, within 48 hours after discovering that | 12 | | the cigarettes are contraband cigarettes, excluding Saturdays, | 13 | | Sundays, and holidays: (i) notifies the Department and the | 14 | | licensed distributor or licensed secondary distributor from | 15 | | whom the cigarettes were obtained, orally and in writing, that | 16 | | he or she possesses contraband cigarettes obtained from a | 17 | | licensed distributor or licensed secondary distributor; (ii) | 18 | | places the contraband cigarettes in one or more containers and | 19 | | seals those containers; and (iii) places on the containers the | 20 | | following or similar language: "Contraband Cigarettes. Not For | 21 | | Sale." All contraband cigarettes in the possession of a | 22 | | retailer remain subject to forfeiture under the provisions of | 23 | | this Act.
| 24 | | Any retailer who knowingly possesses packages of | 25 | | cigarettes with a counterfeit stamp with intent to sell is | 26 | | guilty of a Class 2 felony. Any retailer who knowingly |
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| 1 | | possesses unstamped packages of cigarettes with intent to sell | 2 | | is guilty of a Class 4 felony. A retailer shall not be liable | 3 | | for unknowingly possessing, selling, or distributing to | 4 | | consumers cigarettes that contain an old stamp if the correct | 5 | | tax was collected at the point of sale and the cigarettes were | 6 | | obtained from a distributor licensed under this Act. | 7 | | Notwithstanding any other provision of law, violations | 8 | | relating to the sale or distribution by any person of a tobacco | 9 | | product in this Section, including, but not limited to, a | 10 | | single or loose cigarette, that is not contained within a | 11 | | sealed container, pack, or package as provided by the | 12 | | manufacturer, which container, pack, or package bears the | 13 | | health warning required by federal law, other than violations | 14 | | involving the sale or distribution of a tobacco product to a | 15 | | minor under the age of 18, shall be subject only to the | 16 | | penalties provided in an ordinance of the unit of local | 17 | | government where the violation is committed. | 18 | | (Source: P.A. 98-1055, eff. 1-1-16 .)
| 19 | | Section 15. The Prevention of Tobacco Use by
Minors and | 20 | | Sale and Distribution of Tobacco Products Act is amended by | 21 | | changing Section 1 as follows:
| 22 | | (720 ILCS 675/1) (from Ch. 23, par. 2357)
| 23 | | Sec. 1. Prohibition on sale to and possession of tobacco by | 24 | | minors; prohibition on the distribution of tobacco samples to |
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| 1 | | any person; use of identification cards; vending machines; | 2 | | lunch
wagons; out-of-package sales.
| 3 | | (a) No minor under 18 years of age shall buy any tobacco | 4 | | product. No person shall sell, buy
for, distribute samples of | 5 | | or furnish any tobacco product to any minor under 18 years of | 6 | | age. | 7 | | (a-5) No minor under 16 years of
age may sell any tobacco | 8 | | product at a retail
establishment selling tobacco products. | 9 | | This subsection does not apply
to a sales clerk in a | 10 | | family-owned business which can prove that the sales
clerk
is | 11 | | in fact a son or daughter of the owner.
| 12 | | (a-6) No minor under 18 years of age in the furtherance or | 13 | | facilitation of obtaining any tobacco product shall display or | 14 | | use a false or forged identification card or transfer, alter, | 15 | | or deface an identification card.
| 16 | | (a-7) No minor under 18 years of age shall possess any | 17 | | cigar, cigarette,
smokeless tobacco, or tobacco in any of its | 18 | | forms. | 19 | | (a-8) A person shall not distribute without charge samples | 20 | | of any tobacco product to any other person, regardless of age: | 21 | | (1) within a retail establishment selling tobacco | 22 | | products, unless the retailer has verified the purchaser's | 23 | | age with a government issued identification; | 24 | | (2) from a lunch wagon; or | 25 | | (3) on a public way as a promotion or advertisement of | 26 | | a tobacco manufacturer or tobacco product. |
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| 1 | | This subsection (a-8) does not apply to the distribution of | 2 | | a tobacco product sample in any adult-only facility. | 3 | | (a-9) For the purpose of this Section: | 4 | | "Adult-only facility means a facility or restricted | 5 | | area (whether open-air or enclosed) where the operator | 6 | | ensures or has a reasonable basis to believe (such as by | 7 | | checking identification as required under State law, or by | 8 | | checking the identification of any person appearing to be | 9 | | under the age of 27) that no person under legal age is | 10 | | present. A facility or restricted area need not be | 11 | | permanently restricted to persons under legal age to | 12 | | constitute an adult-only facility, provided that the | 13 | | operator ensures or has a reasonable basis to believe that | 14 | | no person under legal age is present during the event or | 15 | | time period in question. | 16 | | "Lunch wagon" means a mobile vehicle
designed and | 17 | | constructed to transport food and from which food is sold | 18 | | to the
general public. | 19 | | "Smokeless tobacco" means any tobacco
products that | 20 | | are suitable for dipping or chewing.
| 21 | | "Tobacco product" means any cigar, cigarette, | 22 | | smokeless tobacco, or tobacco in any of its
forms. | 23 | | (b) Tobacco products listed in this Section may be sold | 24 | | through a vending machine
only if such tobacco products are not | 25 | | placed together with any non-tobacco product, other than | 26 | | matches, in the vending machine and the vending machine is in
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| 1 | | any of the following locations:
| 2 | | (1) (Blank).
| 3 | | (2) Places to which minors under 18 years of age are | 4 | | not permitted access.
| 5 | | (3) Places where alcoholic beverages are sold and | 6 | | consumed on the
premises and vending machine operation is | 7 | | under the direct supervision of the owner or manager.
| 8 | | (4) (Blank).
| 9 | | (5) Places where the vending machine can only be | 10 | | operated by the owner or
an employee over age 18 either | 11 | | directly or through a remote control device if
the device | 12 | | is inaccessible to all customers.
| 13 | | (c) (Blank).
| 14 | | (d) (Blank). The sale or distribution by any person of a | 15 | | tobacco product in this Section, including but not limited to a | 16 | | single or loose cigarette, that is not contained within a | 17 | | sealed container, pack, or package as provided by the | 18 | | manufacturer, which container, pack, or package bears the | 19 | | health warning required by federal law, is prohibited.
| 20 | | (e) It is not a violation of this Act for a person under 18 | 21 | | years of age to purchase or possess a cigar, cigarette, | 22 | | smokeless tobacco or tobacco in any of its forms if the person | 23 | | under the age of 18 purchases or is given the cigar, cigarette, | 24 | | smokeless tobacco or tobacco in any of its forms from a retail | 25 | | seller of tobacco products or an employee of the retail seller | 26 | | pursuant to a plan or action to investigate, patrol, or |
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| 1 | | otherwise conduct a "sting operation" or enforcement action | 2 | | against a retail seller of tobacco products or a person | 3 | | employed by the retail seller of tobacco products or on any | 4 | | premises authorized to sell tobacco products to determine if | 5 | | tobacco products are being sold or given to persons under 18 | 6 | | years of age if the "sting operation" or enforcement action is | 7 | | approved by, conducted by, or conducted on behalf of the | 8 | | Department of State Police, the county sheriff, a municipal | 9 | | police department, the Department of Revenue, the Department of | 10 | | Public Health, or a local health department. The results of any | 11 | | sting operation or enforcement action, including the name of | 12 | | the clerk, shall be provided to the retail seller within 7 | 13 | | business days. | 14 | | (f) Notwithstanding any other provision of law, a unit of | 15 | | local government, including a home rule unit, may enact an | 16 | | ordinance regulating the sale or distribution by any person of | 17 | | a tobacco product, including, but not limited to, a single or | 18 | | loose cigarette, that is not contained within a sealed | 19 | | container, pack, or package as provided by the manufacturer, | 20 | | which container, pack, or package bears the health warning | 21 | | required by federal law, other than violations involving the | 22 | | sale or distribution of a tobacco product to a minor under the | 23 | | age of 18, and may impose fines for violation as provided in an | 24 | | ordinance of the unit of local government. | 25 | | (Source: P.A. 98-1055, eff. 1-1-16 .)".
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