093_HB0077

 
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 1        AN ACT concerning tobacco.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Sale of Tobacco to Minors Act is  amended
 5    by  changing  the title of the Act and Sections 0.01 and 1 as
 6    follows:

 7        (720 ILCS 675/Act title)
 8        An Act to prohibit persons under 19 years of  age  minors
 9    from  buying  or  selling  tobacco  in  any  of its forms, to
10    prohibit selling, giving or furnishing tobacco, in any of its
11    forms, to  those  persons  minors,  and  providing  penalties
12    therefor.

13        (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
14        Sec.  0.01.   Short  title.  This Act may be cited as the
15    Sale of Tobacco to Underage Persons Minors Act.
16    (Source: P.A. 86-1324.)

17        (720 ILCS 675/1) (from Ch. 23, par. 2357)
18        Sec. 1.  Except as otherwise provided in this Section, no
19    person minor under 19 18 years of age shall  buy  any  cigar,
20    cigarette,  smokeless tobacco or tobacco in any of its forms.
21    Except as otherwise provided in this Section, no person shall
22    sell, buy for, distribute samples of or  furnish  any  cigar,
23    cigarette,  smokeless tobacco or tobacco in any of its forms,
24    to any person minor under 19 18 years of age.
25        For the purpose  of  this  Section,  "smokeless  tobacco"
26    means  any  tobacco products that are suitable for dipping or
27    chewing.
28        Tobacco products listed  above  may  be  sold  through  a
29    vending machine only in the following locations:
 
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 1             (1)  Factories,  businesses, offices, private clubs,
 2        and other places not open to the general public.
 3             (2)  Places to which  persons  minors  under  19  18
 4        years of age are not permitted access.
 5             (3)  Places  where  alcoholic beverages are sold and
 6        consumed on the premises.
 7             (4)  Places where the vending machine is  under  the
 8        direct  supervision  of the owner of the establishment or
 9        an employee 19 over 18 years of age or older.   The  sale
10        of  tobacco  products from a vending machine under direct
11        supervision  of  the  owner  or  an   employee   of   the
12        establishment is considered a sale of tobacco products by
13        that  person.   As  used  in  this  subdivision,  "direct
14        supervision"  means  that  the  owner  or employee has an
15        unimpeded line of sight to the vending machine.
16             (5)  Places where the vending machine  can  only  be
17        operated  only  by  the  owner or an employee 19 years of
18        over age or older 18 either directly or through a  remote
19        control  device  if  the  device  is  inaccessible to all
20        customers.
21    (Source: P.A. 89-181, eff. 7-19-95.)

22        Section 10.  The  Smokeless  Tobacco  Limitation  Act  is
23    amended by changing the title of the Act and Sections 3 and 4
24    as follows:

25        (720 ILCS 680/Act title)
26        An  Act to prohibit the sale or distribution of smokeless
27    tobacco products to persons under 19 18 years of age.

28        (720 ILCS 680/3) (from Ch. 23, par. 2358-23)
29        Sec. 3.  No  person  shall  sell  any  smokeless  tobacco
30    product to any person under the age of 19 18.  Any person who
31    violates  this  Section shall be guilty of a business offense
 
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 1    punishable by a fine of not more than $50 for each violation.
 2    (Source: P.A. 85-465.)

 3        (720 ILCS 680/4) (from Ch. 23, par. 2358-24)
 4        Sec. 4.  No  person  shall  distribute  or  cause  to  be
 5    distributed  to  any  person  under the age of 19 18, without
 6    charge or at a nominal cost, any smokeless tobacco product.
 7    Any person who violates this Section shall  be  guilty  of  a
 8    business  offense punishable for a first offense by a fine of
 9    $200, for a second offense in a 12-month period by a fine  of
10    $400,  and  for  the  third  or  any  subsequent offense in a
11    12-month period by a fine of  $600.  One-half  of  each  fine
12    collected under this Section shall be distributed to the unit
13    of   local  government  or  other  entity  that  successfully
14    prosecuted the offender and one-half shall be remitted to the
15    State to be used for the enforcement of this Act.
16    (Source: P.A. 88-418.)

17        Section 15.  The Tobacco Accessories  and  Smoking  Herbs
18    Control  Act  is amended by changing the title of the Act and
19    Sections 2 and 4 as follows:

20        (720 ILCS 685/Act title)
21        An Act providing protection for  the  public  health  and
22    safety  by  prohibiting  the  sale  or  delivery  of  tobacco
23    accessories or smoking herbs to persons under 19 years of age
24    minors.

25        (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
26        Sec.  2.  Purpose.  The sale and possession of marijuana,
27    hashish, cocaine, opium and their derivatives,  is  not  only
28    prohibited  by  Illinois Law, but the use of these substances
29    has been deemed injurious to the health of the user.
30        It has further been determined by the Surgeon General  of

 
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 1    the  United  States  that  the use of tobacco is hazardous to
 2    human health.
 3        The ready availability of smoking herbs to persons  under
 4    19  years  of age minors could lead to the use of tobacco and
 5    illegal drugs.
 6        It is in the best interests of the citizens of the  State
 7    of  Illinois to seek to prohibit the spread of illegal drugs,
 8    tobacco or smoking materials to persons under 19 years of age
 9    minors.  The prohibition of the sale  of  tobacco  and  snuff
10    accessories  and  smoking  herbs to persons under 19 years of
11    age minors would help to curb the usage of illegal drugs  and
12    tobacco products, among our youth.
13    (Source: P.A. 82-487.)

14        (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
15        Sec. 4.  Offenses.
16        (a)  Sale  to  persons  under 19 years of age minors.  No
17    person shall knowingly sell,  barter,  exchange,  deliver  or
18    give away or cause or permit or procure to be sold, bartered,
19    exchanged,  delivered,  or  given away tobacco accessories or
20    smoking herbs to any person under 19 18 years of age.
21        (a-5) Sale of bidi cigarettes. No person shall  knowingly
22    sell,   barter,  exchange,  deliver,  or  give  away  a  bidi
23    cigarette to another person, nor  shall  a  person  cause  or
24    permit  or  procure  a  bidi  cigarette to be sold, bartered,
25    exchanged, delivered, or given away to another person.
26        (b)  Sale of cigarette paper.  No person shall  knowingly
27    offer, sell, barter, exchange, deliver or give away cigarette
28    paper  or  cause,  permit,  or  procure cigarette paper to be
29    sold, offered, bartered, exchanged, delivered, or given  away
30    except  from premises or an establishment where other tobacco
31    products are sold.  For purposes of  this  Section,  "tobacco
32    products"  means  cigarettes,  cigars,  smokeless tobacco, or
33    tobacco in any of its forms.
 
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 1        (c)  Sale of cigarette paper from vending  machines.   No
 2    person shall knowingly offer, sell, barter, exchange, deliver
 3    or  give  away  cigarette  paper or cause, permit, or procure
 4    cigarette paper to be  sold,  offered,  bartered,  exchanged,
 5    delivered, or given away by use of a vending or coin-operated
 6    machine  or device.  For purposes of this Section, "cigarette
 7    paper" shall not include any paper that is incorporated  into
 8    a  product  to  which  a  tax stamp must be affixed under the
 9    Cigarette Tax Act or the Cigarette Use Tax Act.
10        (d)  Use of  identification  cards.   No  person  in  the
11    furtherance  or facilitation of obtaining smoking accessories
12    and smoking herbs shall display or  use  a  false  or  forged
13    identification   card   or  transfer,  alter,  or  deface  an
14    identification card.
15        (e)  Warning to persons under 19  years  of  age  minors.
16    Any   person,   firm,  partnership,  company  or  corporation
17    operating a place of business where tobacco  accessories  and
18    smoking  herbs  are  sold or offered for sale shall post in a
19    conspicuous place upon the premises a sign upon  which  there
20    shall  be imprinted the following statement, "SALE OF TOBACCO
21    ACCESSORIES AND  SMOKING  HERBS  TO  PERSONS  UNDER  NINETEEN
22    EIGHTEEN  YEARS  OF  AGE  OR  THE MISREPRESENTATION OF AGE TO
23    PROCURE SUCH A SALE IS PROHIBITED BY LAW".  The sign shall be
24    printed on a white card in red letters at least one-half inch
25    in height.
26    (Source: P.A. 91-734, eff. 1-1-01.)

27        Section  99.  Effective  date.   This  Act  takes  effect
28    January 1, 2004.