Full Text of HB5221 101st General Assembly
HB5221 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5221 Introduced , by Rep. Tim Butler SYNOPSIS AS INTRODUCED: |
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720 ILCS 675/1 | from Ch. 23, par. 2357 |
720 ILCS 675/2 | from Ch. 23, par. 2358 |
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Amends the Prevention of Tobacco Use by
Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that a person under 21 years of age may not possess any tobacco product, electronic cigarette, or alternative nicotine product. Provides that a violation is a Class A misdemeanor.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB5221 | | LRB101 16849 RLC 66248 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Prevention of Tobacco Use by
Persons under | 5 | | 21 Years of Age and Sale and Distribution of Tobacco Products | 6 | | Act is amended by changing Sections 1 and 2 as follows:
| 7 | | (720 ILCS 675/1) (from Ch. 23, par. 2357)
| 8 | | Sec. 1. Prohibition on sale of tobacco products, electronic | 9 | | cigarettes, and alternative nicotine products to persons under | 10 | | 21 years of age; prohibition on the distribution of tobacco | 11 | | product samples, electronic cigarette samples, and alternative | 12 | | nicotine product samples to any person; use of identification | 13 | | cards; vending machines; lunch
wagons; out-of-package sales.
| 14 | | (a) No person under 21 years of age shall buy any tobacco | 15 | | product, electronic cigarette, or alternative nicotine | 16 | | product. No person shall sell, buy
for, distribute samples of | 17 | | or furnish any tobacco product, electronic cigarette, or any | 18 | | alternative nicotine product to any person under 21 years of | 19 | | age. | 20 | | (a-5) No person under 16 years of
age may sell any tobacco | 21 | | product, electronic cigarette, or alternative nicotine product | 22 | | at a retail
establishment selling tobacco products, electronic
| 23 | | cigarettes, or alternative nicotine products. This subsection |
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| 1 | | does not apply
to a sales clerk in a family-owned business | 2 | | which can prove that the sales
clerk
is in fact a son or | 3 | | daughter of the owner.
| 4 | | (a-5.1) Before selling, offering for sale, giving, or
| 5 | | furnishing a tobacco product, electronic cigarette, or | 6 | | alternative nicotine product to
another person, the person | 7 | | selling, offering for sale, giving,
or furnishing the tobacco | 8 | | product, electronic cigarette, or alternative nicotine product | 9 | | shall
verify that the person is at least 21 years of age by: | 10 | | (1) examining from any person that appears to be under
| 11 | | 30 years of age a government-issued photographic
| 12 | | identification that establishes the person to be 21 years
| 13 | | of age or older; or | 14 | | (2) for sales of tobacco products, electronic | 15 | | cigarettes, or alternative nicotine products made through | 16 | | the
Internet or other remote sales methods, performing an | 17 | | age
verification through an independent, third party age
| 18 | | verification service that compares information available
| 19 | | from public records to the personal information entered by
| 20 | | the person during the ordering process that establishes the
| 21 | | person is 21 years of age or older. | 22 | | (a-6) No person under 21 years of age in the furtherance or | 23 | | facilitation of obtaining any tobacco product,
electronic | 24 | | cigarette, or alternative nicotine product shall display or use | 25 | | a false or forged identification card or transfer, alter, or | 26 | | deface an identification card.
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| 1 | | (a-7) (Blank). | 2 | | (a-7.5) A person under 21 years of age may not possess any | 3 | | tobacco product, electronic cigarette, or alternative nicotine | 4 | | product. | 5 | | (a-8) A person shall not distribute without charge samples | 6 | | of any tobacco product to any other person, regardless of age, | 7 | | except for smokeless tobacco in an adult-only facility. | 8 | | This subsection (a-8) does not apply to the distribution of | 9 | | a tobacco product, electronic cigarette, or alternative | 10 | | nicotine product sample in any adult-only facility. | 11 | | (a-9) For the purpose of this Section: | 12 | | "Adult-only facility" means a facility or restricted | 13 | | area (whether open-air or enclosed) where the operator | 14 | | ensures or has a reasonable basis to believe (such as by | 15 | | checking identification as required under State law, or by | 16 | | checking the identification of any person appearing to be | 17 | | under the age of 30) that no person under legal age is | 18 | | present. A facility or restricted area need not be | 19 | | permanently restricted to persons under 21 years of age to | 20 | | constitute an adult-only facility, provided that the | 21 | | operator ensures or has a reasonable basis to believe that | 22 | | no person under 21 years of age is present during the event | 23 | | or time period in question. | 24 | | "Alternative nicotine product" means a product or | 25 | | device not consisting of or containing tobacco that | 26 | | provides for the ingestion into the body of nicotine, |
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| 1 | | whether by chewing, smoking, absorbing, dissolving, | 2 | | inhaling, snorting, sniffing, or by any other means. | 3 | | "Alternative nicotine product" does not include: | 4 | | cigarettes as defined in Section 1 of the Cigarette Tax Act | 5 | | and tobacco products as defined in Section 10-5 of the | 6 | | Tobacco Products Tax Act of 1995; tobacco product and | 7 | | electronic cigarette as defined in this Section; or any | 8 | | product approved by the United States Food and Drug | 9 | | Administration for sale as a tobacco cessation product, as | 10 | | a tobacco dependence product, or for other medical | 11 | | purposes, and is being marketed and sold solely for that | 12 | | approved purpose. | 13 | | "Electronic cigarette" means: | 14 | | (1) any device that employs a battery or other
| 15 | | mechanism to heat a solution or substance to produce a
| 16 | | vapor or aerosol intended for inhalation; | 17 | | (2) any cartridge or container of a solution or
| 18 | | substance intended to be used with or in the device or | 19 | | to
refill the device; or | 20 | | (3) any solution or substance, whether or not it
| 21 | | contains nicotine intended for use in the device.
| 22 | | "Electronic cigarette" includes, but is not limited | 23 | | to, any
electronic nicotine delivery system, electronic | 24 | | cigar,
electronic cigarillo, electronic pipe, electronic | 25 | | hookah,
vape pen, or similar product or device, and any | 26 | | components
or parts that can be used to build the product |
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| 1 | | or device.
"Electronic cigarette" does not include: | 2 | | cigarettes as defined in
Section 1 of the Cigarette Tax Act | 3 | | and tobacco products as
defined in Section 10-5 of the | 4 | | Tobacco Products Tax Act of
1995; tobacco product and | 5 | | alternative nicotine product as defined in this Section; | 6 | | any product approved by the United States Food and Drug | 7 | | Administration for sale as a tobacco cessation product, as | 8 | | a tobacco dependence product, or for other medical | 9 | | purposes, and is being marketed and sold solely for that | 10 | | approved purpose; any asthma
inhaler prescribed by a | 11 | | physician for that condition and is being marketed and sold | 12 | | solely for that approved purpose; or any therapeutic | 13 | | product approved for use under the Compassionate Use of | 14 | | Medical Cannabis
Pilot Program Act. | 15 | | "Lunch wagon" means a mobile vehicle
designed and | 16 | | constructed to transport food and from which food is sold | 17 | | to the
general public. | 18 | | "Nicotine" means any form of the chemical nicotine, | 19 | | including any salt or complex, regardless of whether the | 20 | | chemical is naturally or synthetically derived.
| 21 | | "Tobacco product" means any product containing or made
| 22 | | from tobacco that is intended for human consumption,
| 23 | | whether smoked, heated, chewed, absorbed, dissolved,
| 24 | | inhaled, snorted, sniffed, or ingested by any other means,
| 25 | | including, but not limited to, cigarettes, cigars, little
| 26 | | cigars, chewing tobacco, pipe tobacco, snuff, snus, and any |
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| 1 | | other smokeless tobacco product which contains tobacco | 2 | | that is finely cut, ground, powdered, or leaf and intended | 3 | | to be placed in the oral cavity.
"Tobacco product" includes | 4 | | any component, part, or
accessory of a tobacco product, | 5 | | whether or not sold
separately. "Tobacco product" does not | 6 | | include: an electronic cigarette and alternative nicotine | 7 | | product as defined in this Section; or any product
that has | 8 | | been approved by the United States Food and Drug
| 9 | | Administration for sale as a tobacco cessation product, as | 10 | | a tobacco dependence product, or
for other medical | 11 | | purposes, and is being marketed and sold solely for that | 12 | | approved purpose. | 13 | | (b) Tobacco products, electronic cigarettes, and | 14 | | alternative nicotine products may be sold through a vending | 15 | | machine
only if such tobacco products, electronic cigarettes, | 16 | | and alternative nicotine products are not placed together with | 17 | | any non-tobacco product, other than matches, in the vending | 18 | | machine and the vending machine is in
any of the following | 19 | | locations:
| 20 | | (1) (Blank).
| 21 | | (2) Places to which persons under 21 years of age are | 22 | | not permitted access at any time.
| 23 | | (3) Places where alcoholic beverages are sold and | 24 | | consumed on the
premises and vending machine operation is | 25 | | under the direct supervision of the owner or manager.
| 26 | | (4) (Blank).
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| 1 | | (5) (Blank).
| 2 | | (c) (Blank).
| 3 | | (d) The sale or distribution by any person of a tobacco | 4 | | product as defined in this Section, including but not limited | 5 | | to a single or loose cigarette, that is not contained within a | 6 | | sealed container, pack, or package as provided by the | 7 | | manufacturer, which container, pack, or package bears the | 8 | | health warning required by federal law, is prohibited.
| 9 | | (e) It is not a violation of this Act for a person under 21 | 10 | | years of age to purchase a tobacco product, electronic | 11 | | cigarette, or alternative nicotine product if the person under | 12 | | the age of 21 purchases or is given the tobacco product, | 13 | | electronic cigarette, or alternative nicotine product in any of | 14 | | its forms from a retail seller of tobacco products, electronic | 15 | | cigarettes, or alternative nicotine products or an employee of | 16 | | the retail seller pursuant to a plan or action to investigate, | 17 | | patrol, or otherwise conduct a "sting operation" or enforcement | 18 | | action against a retail seller of tobacco products, electronic | 19 | | cigarettes, or alternative nicotine products or a person | 20 | | employed by the retail seller of tobacco products, electronic | 21 | | cigarettes, or alternative nicotine products or on any premises | 22 | | authorized to sell tobacco products, electronic cigarettes, or | 23 | | alternative nicotine products to determine if tobacco | 24 | | products, electronic cigarettes, or alternative nicotine | 25 | | products are being sold or given to persons under 21 years of | 26 | | age if the "sting operation" or enforcement action is approved |
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| 1 | | by, conducted by, or conducted on behalf of the Department of | 2 | | State Police, the county sheriff, a municipal police | 3 | | department, the Department of Revenue, the Department of Public | 4 | | Health, or a local health department. The results of any sting | 5 | | operation or enforcement action, including the name of the | 6 | | clerk, shall be provided to the retail seller within 7 business | 7 | | days. | 8 | | (Source: P.A. 101-2, eff. 7-1-19 .)
| 9 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 10 | | Sec. 2. Penalties. | 11 | | (a) Any person who violates subsection (a), (a-5),
(a-5.1), | 12 | | (a-8), (b), or (d) of Section 1 of this Act is guilty of a petty | 13 | | offense. For the first offense in a 24-month period, the person | 14 | | shall be fined $200 if his or her employer has a training | 15 | | program that facilitates compliance with minimum-age tobacco | 16 | | laws. For the second offense in a 24-month period, the person | 17 | | shall be fined $400 if his or her employer has a training | 18 | | program that facilitates compliance with minimum-age tobacco | 19 | | laws. For the third offense in a 24-month period, the person | 20 | | shall be fined $600 if his or her employer has a training | 21 | | program that facilitates compliance with minimum-age tobacco | 22 | | laws. For the fourth or subsequent offense in a 24-month | 23 | | period, the person shall be fined $800 if his or her employer | 24 | | has a training program that facilitates compliance with | 25 | | minimum-age tobacco laws. For the purposes of this subsection, |
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| 1 | | the 24-month period shall begin with the person's first | 2 | | violation of the Act. The penalties in this subsection are in | 3 | | addition to any other penalties prescribed under the Cigarette | 4 | | Tax Act and the Tobacco Products Tax Act of 1995. | 5 | | (a-1) Any person under 21 years of age who violates | 6 | | subsection (a-7.5) of Section 1 is guilty of a Class A | 7 | | misdemeanor. | 8 | | (a-5) Any retailer who violates subsection (a), (a-5), | 9 | | (a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty | 10 | | of a petty offense. For the first offense in a 24-month period, | 11 | | the retailer shall be fined $200 if it does not have a training | 12 | | program that facilitates compliance with minimum-age tobacco | 13 | | laws. For the second offense in a 24-month period, the retailer | 14 | | shall be fined $400 if it does not have a training program that | 15 | | facilitates compliance with minimum-age tobacco laws. For the | 16 | | third offense within a 24-month period, the retailer shall be | 17 | | fined $600 if it does not have a training program that | 18 | | facilitates compliance with minimum-age tobacco laws. For the | 19 | | fourth or subsequent offense in a 24-month period, the retailer | 20 | | shall be fined $800 if it does not have a training program that | 21 | | facilitates compliance with minimum-age tobacco laws. For the | 22 | | purposes of this subsection, the 24-month period shall begin | 23 | | with the person's first violation of the Act. The penalties in | 24 | | this subsection are in addition to any other penalties | 25 | | prescribed under the Cigarette Tax Act and the Tobacco Products | 26 | | Tax Act of 1995. |
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| 1 | | (a-6) For the purpose of this Act, a training program that | 2 | | facilitates compliance with minimum-age tobacco laws must | 3 | | include at least the following elements: (i) it must explain | 4 | | that only individuals displaying valid identification | 5 | | demonstrating that they are 21 years of age or older shall be | 6 | | eligible to purchase tobacco products, electronic cigarettes, | 7 | | or alternative nicotine products and (ii) it must explain where | 8 | | a clerk can check identification for a date of birth. The | 9 | | training may be conducted electronically. Each retailer that | 10 | | has a training program shall require each employee who | 11 | | completes the training program to sign a form attesting that | 12 | | the employee has received and completed tobacco training. The | 13 | | form shall be kept in the employee's file and may be used to | 14 | | provide proof of training.
| 15 | | (b) (Blank). I If a person under 21 years of age violates | 16 | | subsection (a-6) of Section 1, he or she is guilty of a Class A | 17 | | misdemeanor.
| 18 | | (c) (Blank).
| 19 | | (d) (Blank).
| 20 | | (e) (Blank).
| 21 | | (f) (Blank).
| 22 | | (g) (Blank).
| 23 | | (h) All moneys collected as fines for violations of | 24 | | subsection (a), (a-5), (a-5.1), (a-6), (a-7.5), (a-8), (b), or
| 25 | | (d) or (a-7) of
Section 1
shall be distributed in the following | 26 | | manner:
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| 1 | | (1) one-half of each fine shall be distributed to the | 2 | | unit of local
government or other entity that successfully | 3 | | prosecuted the offender;
and
| 4 | | (2) one-half shall be remitted to the State to be used | 5 | | for enforcing this
Act.
| 6 | | Any violation of subsection (a) or (a-5) of Section 1 shall | 7 | | be reported to the Department of Revenue within 7 business | 8 | | days. | 9 | | (Source: P.A. 100-201, eff. 8-18-17; 101-2, eff. 7-1-19; | 10 | | revised 4-29-19.)
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