State of Illinois
92nd General Assembly
Legislation

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92_HB1034ham001

 










                                             LRB9200968DJmgam

 1                    AMENDMENT TO HOUSE BILL 1034

 2        AMENDMENT NO.     .  Amend House Bill 1034  by  replacing
 3    the title with the following:
 4        "AN ACT concerning tobacco."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Sale of Tobacco to Minors Act is amended
 8    by changing the title of the Act and Sections 0.01 and  1  as
 9    follows:

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

16        (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
17        Sec. 0.01.  Short title.  This Act may be  cited  as  the
18    Sale of Tobacco to Underage Persons Minors Act.
19    (Source: P.A. 86-1324.)
 
                            -2-              LRB9200968DJmgam
 1        (720 ILCS 675/1) (from Ch. 23, par. 2357)
 2        Sec. 1.  Except as otherwise provided in this Section, no
 3    person  minor  under  19 18 years of age shall buy any cigar,
 4    cigarette, smokeless tobacco or tobacco in any of its  forms.
 5    Except as otherwise provided in this Section, no person shall
 6    sell,  buy  for,  distribute samples of or furnish any cigar,
 7    cigarette, smokeless tobacco or tobacco in any of its  forms,
 8    to any person minor under 19 18 years of age.
 9        For  the  purpose  of  this  Section, "smokeless tobacco"
10    means any tobacco products that are suitable for  dipping  or
11    chewing.
12        Tobacco  products  listed  above  may  be  sold through a
13    vending machine only in the following locations:
14             (1)  Factories, businesses, offices, private  clubs,
15        and other places not open to the general public.
16             (2)  Places  to  which  persons  minors  under 19 18
17        years of age are not permitted access.
18             (3)  Places where alcoholic beverages are  sold  and
19        consumed on the premises.
20             (4)  Places  where  the vending machine is under the
21        direct supervision of the owner of the  establishment  or
22        an  employee  19 over 18 years of age or older.  The sale
23        of tobacco products from a vending machine  under  direct
24        supervision   of   the   owner  or  an  employee  of  the
25        establishment is considered a sale of tobacco products by
26        that  person.   As  used  in  this  subdivision,  "direct
27        supervision" means that the  owner  or  employee  has  an
28        unimpeded line of sight to the vending machine.
29             (5)  Places  where  the  vending machine can only be
30        operated only by the owner or an  employee  19  years  of
31        over  age or older 18 either directly or through a remote
32        control device if  the  device  is  inaccessible  to  all
33        customers.
34    (Source: P.A. 89-181, eff. 7-19-95.)
 
                            -3-              LRB9200968DJmgam
 1        Section  10.  The  Smokeless  Tobacco  Limitation  Act is
 2    amended by changing the title of the Act and Sections 3 and 4
 3    as follows:

 4        (720 ILCS 680/Act title)
 5        An Act to prohibit the sale or distribution of  smokeless
 6    tobacco products to persons under 19 18 years of age.

 7        (720 ILCS 680/3) (from Ch. 23, par. 2358-23)
 8        Sec.  3.   No  person  shall  sell  any smokeless tobacco
 9    product to any person under the age of 19 18.  Any person who
10    violates this Section shall be guilty of a  business  offense
11    punishable by a fine of not more than $50 for each violation.
12    (Source: P.A. 85-465.)

13        (720 ILCS 680/4) (from Ch. 23, par. 2358-24)
14        Sec.  4.   No  person  shall  distribute  or  cause to be
15    distributed to any person under the age  of  19  18,  without
16    charge or at a nominal cost, any smokeless tobacco product.
17    Any  person  who  violates  this Section shall be guilty of a
18    business offense punishable for a first offense by a fine  of
19    $200,  for a second offense in a 12-month period by a fine of
20    $400, and for the  third  or  any  subsequent  offense  in  a
21    12-month  period  by  a  fine  of $600. One-half of each fine
22    collected under this Section shall be distributed to the unit
23    of  local  government  or  other  entity  that   successfully
24    prosecuted the offender and one-half shall be remitted to the
25    State to be used for the enforcement of this Act.
26    (Source: P.A. 88-418.)

27        Section  15.  The  Tobacco  Accessories and Smoking Herbs
28    Control Act is amended by changing the title of the  Act  and
29    Sections 2 and 4 as follows:
 
                            -4-              LRB9200968DJmgam
 1        (720 ILCS 685/Act title)
 2        An  Act  providing  protection  for the public health and
 3    safety  by  prohibiting  the  sale  or  delivery  of  tobacco
 4    accessories or smoking herbs to persons under 19 years of age
 5    minors.

 6        (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
 7        Sec. 2.  Purpose.  The sale and possession of  marijuana,
 8    hashish,  cocaine,  opium  and their derivatives, is not only
 9    prohibited by Illinois Law, but the use of  these  substances
10    has been deemed injurious to the health of the user.
11        It  has further been determined by the Surgeon General of
12    the United States that the use of  tobacco  is  hazardous  to
13    human health.
14        The  ready availability of smoking herbs to persons under
15    19 years of age minors could lead to the use of  tobacco  and
16    illegal drugs.
17        It  is in the best interests of the citizens of the State
18    of Illinois to seek to prohibit the spread of illegal  drugs,
19    tobacco or smoking materials to persons under 19 years of age
20    minors.   The  prohibition  of  the sale of tobacco and snuff
21    accessories and smoking herbs to persons under  19  years  of
22    age  minors would help to curb the usage of illegal drugs and
23    tobacco products, among our youth.
24    (Source: P.A. 82-487.)

25        (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
26        Sec. 4.  Offenses.
27        (a)  Sale to persons under 19 years of  age  minors.   No
28    person  shall  knowingly  sell,  barter, exchange, deliver or
29    give away or cause or permit or procure to be sold, bartered,
30    exchanged, delivered, or given away  tobacco  accessories  or
31    smoking herbs to any person under 19 18 years of age.
32        (a-5)  Sale of bidi cigarettes. No person shall knowingly
 
                            -5-              LRB9200968DJmgam
 1    sell,  barter,  exchange,  deliver,  or  give  away  a   bidi
 2    cigarette  to  another  person,  nor  shall a person cause or
 3    permit or procure a bidi  cigarette  to  be  sold,  bartered,
 4    exchanged, delivered, or given away to another person.
 5        (b)  Sale  of cigarette paper.  No person shall knowingly
 6    offer, sell, barter, exchange, deliver or give away cigarette
 7    paper or cause, permit, or  procure  cigarette  paper  to  be
 8    sold,  offered, bartered, exchanged, delivered, or given away
 9    except from premises or an establishment where other  tobacco
10    products  are  sold.   For purposes of this Section, "tobacco
11    products" means cigarettes,  cigars,  smokeless  tobacco,  or
12    tobacco in any of its forms.
13        (c)  Sale  of  cigarette paper from vending machines.  No
14    person shall knowingly offer, sell, barter, exchange, deliver
15    or give away cigarette paper or  cause,  permit,  or  procure
16    cigarette  paper  to  be  sold, offered, bartered, exchanged,
17    delivered, or given away by use of a vending or coin-operated
18    machine or device.  For purposes of this Section,  "cigarette
19    paper"  shall not include any paper that is incorporated into
20    a product to which a tax stamp  must  be  affixed  under  the
21    Cigarette Tax Act or the Cigarette Use Tax Act.
22        (d)  Use  of  identification  cards.   No  person  in the
23    furtherance or facilitation of obtaining smoking  accessories
24    and  smoking  herbs  shall  display  or use a false or forged
25    identification  card  or  transfer,  alter,  or   deface   an
26    identification card.
27        (e)  Warning  to  persons  under  19 years of age minors.
28    Any  person,  firm,  partnership,  company   or   corporation
29    operating  a  place of business where tobacco accessories and
30    smoking herbs are sold or offered for sale shall  post  in  a
31    conspicuous  place  upon the premises a sign upon which there
32    shall be imprinted the following statement, "SALE OF  TOBACCO
33    ACCESSORIES  AND  SMOKING  HERBS  TO  PERSONS  UNDER NINETEEN
34    EIGHTEEN YEARS OF AGE OR  THE  MISREPRESENTATION  OF  AGE  TO
 
                            -6-              LRB9200968DJmgam
 1    PROCURE SUCH A SALE IS PROHIBITED BY LAW".  The sign shall be
 2    printed on a white card in red letters at least one-half inch
 3    in height.
 4    (Source: P.A. 91-734, eff. 1-1-01.)

 5        Section  99.  Effective  date.   This  Act  takes  effect
 6    January 1, 2002.".

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