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92_HB1034eng HB1034 Engrossed LRB9200968DJgcA 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 ageminors9 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 personsminors, 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 PersonsMinorsAct. 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 personminorunder 1918years 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 personminorunder 1918years 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: HB1034 Engrossed -2- LRB9200968DJgcA 1 (1) Factories, businesses, offices, private clubs, 2 and other places not open to the general public. 3 (2) Places to which personsminorsunder 19184 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 19over 18years 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 canonlybe 17 operated only by the owner or an employee 19 years of 18overage or older18either 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 1918years 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 1918. Any person who 31 violates this Section shall be guilty of a business offense HB1034 Engrossed -3- LRB9200968DJgcA 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 1918, 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 24minors. 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 HB1034 Engrossed -4- LRB9200968DJgcA 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 ageminorscould 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 9minors. The prohibition of the sale of tobacco and snuff 10 accessories and smoking herbs to persons under 19 years of 11 ageminorswould 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 ageminors. 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 1918years 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. HB1034 Engrossed -5- LRB9200968DJgcA 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 ageminors. 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 22EIGHTEENYEARS 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, 2002.