State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

90_HB0796eng

      65 ILCS 5/11-20-3.1 new
      720 ILCS 675/Act title
      720 ILCS 675/0.01         from Ch. 23, par. 2356.9
      720 ILCS 675/1            from Ch. 23, par. 2357
      720 ILCS 675/2            from Ch. 23, par. 2358
          Amends the Illinois  Municipal  Code.   Provides  that  a
      municipality  may  provide for the regulation, licensing, and
      inspection of any retail business  or  establishment  selling
      cigarettes  or  other  tobacco  products,  may  determine the
      number of licenses, and may determine the location for sales.
      Amends the Sale of Tobacco to Minors Act.  Changes the  short
      title  to  the  Prevention  of  Tobacco  Use  by  Minors Act.
      Prohibits minors from possessing or smoking tobacco (now only
      the buying by and the sale  and  distribution  to  minors  of
      tobacco  is  prohibited).  Provides that the court may impose
      for possession or smoking of tobacco products by a  minor  up
      to 25 hours of community service for the first offense, up to
      25  hours  of  community service and a fine not to exceed $25
      for the second offense, and  up  to  50  hours  of  community
      service  and  a  fine  not  to  exceed  $50  for the third or
      subsequent offense. Exempts from violations the possession or
      smoking of tobacco products by minors who are members of  the
      Armed  Forces  or Reserve Forces and those who participate in
      an experimental or research program that is conducted  by  an
      accredited  institution  of  higher  education  to  study the
      effects of tobacco products on minors.
                                                     LRB9003781RCks
HB0796 Engrossed                               LRB9003781RCks
 1        AN ACT in  relation  to  sale,  possession,  and  use  of
 2    tobacco products by minors.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 10.  The Sale of Tobacco to Minors Act is amended
 6    by changing the title of the Act and Sections 0.01, 1, and  2
 7    as follows:
 8        (720 ILCS 675/Act title)
 9        An  Act  to  prevent  the use or possession of tobacco by
10    minors prohibit minors from buying or selling tobacco in  any
11    of  its  forms,  to  prohibit  selling,  giving or furnishing
12    tobacco, in any  of  its  forms,  to  minors,  and  providing
13    penalties therefor.
14        (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
15        Sec.  0.01.   Short  title.  This Act may be cited as the
16    Prevention of Tobacco Use by Sale of Tobacco to Minors Act.
17    (Source: P.A. 86-1324.)
18        (720 ILCS 675/1) (from Ch. 23, par. 2357)
19        Sec. 1.  Sale to and possession and smoking by minors  of
20    tobacco prohibited.
21        (a)  No  minor under 18 years of age shall buy any cigar,
22    cigarette, smokeless tobacco or tobacco in any of its  forms.
23    No  person  shall  sell,  buy  for,  distribute samples of or
24    furnish any cigar, cigarette, smokeless tobacco or tobacco in
25    any of its forms, to any minor under 18 years of age.
26        (b)  No minor under 18 years  of  age  shall  possess  or
27    smoke  any cigar, cigarette, smokeless tobacco, or tobacco in
28    any of its forms.
29        (c)  For the purpose of this Section, "smokeless tobacco"
HB0796 Engrossed            -2-                LRB9003781RCks
 1    means any tobacco products that are suitable for  dipping  or
 2    chewing.
 3        (d)  Tobacco products listed in this Section above may be
 4    sold   through  a  vending  machine  only  in  the  following
 5    locations:
 6             (1)  Factories, businesses, offices, private  clubs,
 7        and other places not open to the general public.
 8             (2)  Places  to  which  minors under 18 years of age
 9        are not permitted access.
10             (3)  Places where alcoholic beverages are  sold  and
11        consumed on the premises.
12             (4)  Places  where  the vending machine is under the
13        direct supervision of the owner of the  establishment  or
14        an  employee  over  18 years of age.  The sale of tobacco
15        products from a vending machine under direct  supervision
16        of  the  owner  or  an  employee  of the establishment is
17        considered a sale of tobacco products by that person.  As
18        used in this subdivision, "direct supervision" means that
19        the owner or employee has an unimpeded line of  sight  to
20        the vending machine.
21             (5)  Places  where  the  vending machine can only be
22        operated by the owner or an employee over age  18  either
23        directly or through a remote control device if the device
24        is inaccessible to all customers.
25        (e)  This  Section  does  not  apply to the possession or
26    smoking of a cigar, cigarette, smokeless tobacco, or  tobacco
27    in any of its forms by a person under 18 years of age who is:
28             (1)  a  member  of  the  Armed  Services or Reserved
29        Forces of the United States; or
30             (2)  participating in an  experimental  or  research
31        program that is conducted by an accredited institution of
32        higher education to study the effects of tobacco products
33        on persons under 18 years of age.
34    (Source: P.A. 89-181, eff. 7-19-95.)
HB0796 Engrossed            -3-                LRB9003781RCks
 1        (720 ILCS 675/2) (from Ch. 23, par. 2358)
 2        Sec.  2.   Any  person  who  violates  subsection  (a) of
 3    Section 1 any provision of this Act  is  guilty  of  a  petty
 4    offense  and  for the first offense shall be fined $200, $400
 5    for the second offense in a 12-month period, and $600 for the
 6    third or any subsequent offense in  a  12-month  period.  Any
 7    person  who  violates subsection (b) of Section 1 of this Act
 8    is guilty of a petty offense and the court may impose a  term
 9    of up to 25 hours of community service for the first offense,
10    a  term of up to 25 hours of community service and a fine not
11    to exceed $25 for the second offense in  a  12-month  period,
12    and  a term of up to 30 hours of community service and a fine
13    not to exceed $50 for the third or any subsequent offense  in
14    a  12-month period.  The court may require an offender who is
15    convicted of or placed on  supervision  for  a  violation  of
16    subsection  (b) of Section 1 of this Act to attend a smoker's
17    education program, if such a  program  is  available  in  the
18    jurisdiction  where  the offender resides and if the offender
19    consents to attend the program.   Attendance  at  a  smoker's
20    education   program   shall   be  time-credited  against  any
21    community  service  time  imposed  for  any   first   offense
22    violation  of  subsection  (b)  of Section 1 of this Act. The
23    court may impose  a  fee  upon  an  offender  who  attends  a
24    smoker's  education  program  to  defray  the  costs  of  the
25    program.  For  purposes  of this Section, "smoker's education
26    program" means a seminar designed to educate a person on  the
27    physical   and   psychological  effects  of  smoking  tobacco
28    products and  the  health  consequences  of  smoking  tobacco
29    products.  One-half of each fine collected under this Section
30    shall be distributed to the unit of local government or other
31    entity that successfully prosecuted the offender and one-half
32    shall  be remitted to the State to be used for enforcing this
33    Act.
34    (Source: P.A. 88-418.)

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