SB0512ham003 102ND GENERAL ASSEMBLY

Rep. Bob Morgan

Filed: 5/13/2021

10200SB0512ham003 LRB102 14603 CPF 26561 a

AMENDMENT TO SENATE BILL 512

AMENDMENT NO. ______. Amend Senate Bill 512 on page 4, by deleting lines 2 through 12; and

on page 4, by replacing lines 14 through 23 with the following:

"(a) The Department of Revenue may adopt rules that are reasonable, necessary, and related to the administration and enforcement of this Act.

(b) The Department of Revenue, the Department of Public Health, a local public health department, the Department of Human Services, the Illinois State Police, a county sheriff, and a municipal police department may inspect any business that sells, manufactures, transports, or distributes electronic cigarettes in the State to ensure compliance with this Act."; and

on page 7, by replacing lines 3 and 4 with the following:

"September 9, 2020 shall not be deemed to be adulterated under subparagraph (C) of paragraph (4) of this subsection."; and

on page 7, immediately below line 7, by inserting the following:

"(c) Any violation of this Act shall be reported to the Department of Revenue within 7 business days."; and

on page 10, by replacing lines 12 through 17 with the following:

"(a) No person under 21 years of age shall buy any tobacco product, electronic cigarette, or alternative nicotine product. No person shall sell, buy for, distribute samples of or furnish any tobacco product, electronic cigarette, or any alternative nicotine product to any person under 21 years of age."; and

on page 11, line 25, after "tobacco product", by inserting ", alternative nicotine product, or electronic cigarette"; and

on page 17, by replacing lines 13 through 21 with the following:

"(g) Any peace officer or duly authorized member of the Illinois State Police, a county sheriff's department, a municipal police department, the Department of Revenue, the Department of Public Health, a local health department, or the Department of Human Services, upon discovering a violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this Section or a violation of the Preventing Youth Vaping Act, may seize any tobacco products, alternative nicotine products, or electronic cigarettes of the specific type involved in that violation that are located at that place of business. The tobacco products, alternative nicotine products, or electronic cigarettes so seized are subject to confiscation and forfeiture."; and

on page 19, immediately below line 10, by inserting the following:

"(j) After the Department of Revenue has seized any tobacco product, nicotine product, or electronic cigarette as provided in subsection (g) and a person having any property interest in the seized property has not been charged with an offense under this Section or a violation of the Preventing Youth Vaping Act, the Department of Revenue must hold a hearing and determine whether the seized tobacco products, alternative nicotine products, or electronic cigarettes were part of the inventory located at the place of business when a violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this Section or a violation of the Preventing Youth Vaping Act occurred and whether any seized tobacco product, alternative nicotine product, or electronic cigarette was of a type involved in that violation. The Department of Revenue shall give not less than 20 days' notice of the time and place of the hearing to the owner of the property, if the owner is known, and also to the person in whose possession the property was found if that person is known and if the person in possession is not the owner of the property. If neither the owner nor the person in possession of the property is known, the Department of Revenue must cause publication of the time and place of the hearing to be made at least once each week for 3 weeks successively in a newspaper of general circulation in the county where the hearing is to be held.

If, as the result of the hearing, the Department of Revenue determines that the tobacco products, alternative nicotine products, or the electronic cigarettes were part of the inventory located at the place of business when a violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this Section or a violation of the Preventing Youth Vaping Act at the time of seizure, the Department of Revenue must enter an order declaring the tobacco product, alternative nicotine product, or electronic cigarette confiscated and forfeited to the State, to be held by the Department of Revenue for disposal by it as provided in Section 10-58 of the Tobacco Products Tax Act of 1995. The Department of Revenue must give notice of the order to the owner of the property, if the owner is known, and also to the person in whose possession the property was found if that person is known and if the person in possession is not the owner of the property. If neither the owner nor the person in possession of the property is known, the Department of Revenue must cause publication of the order to be made at least once each week for 3 weeks successively in a newspaper of general circulation in the county where the hearing was held."; and

on page 35, by deleting lines 2 and 3.