101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5221

 

Introduced , by Rep. Tim Butler

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 675/1  from Ch. 23, par. 2357
720 ILCS 675/2  from Ch. 23, par. 2358

    Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that a person under 21 years of age may not possess any tobacco product, electronic cigarette, or alternative nicotine product. Provides that a violation is a Class A misdemeanor.


LRB101 16849 RLC 66248 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5221LRB101 16849 RLC 66248 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Prevention of Tobacco Use by Persons under
521 Years of Age and Sale and Distribution of Tobacco Products
6Act is amended by changing Sections 1 and 2 as follows:
 
7    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
8    Sec. 1. Prohibition on sale of tobacco products, electronic
9cigarettes, and alternative nicotine products to persons under
1021 years of age; prohibition on the distribution of tobacco
11product samples, electronic cigarette samples, and alternative
12nicotine product samples to any person; use of identification
13cards; vending machines; lunch wagons; out-of-package sales.
14    (a) No person under 21 years of age shall buy any tobacco
15product, electronic cigarette, or alternative nicotine
16product. No person shall sell, buy for, distribute samples of
17or furnish any tobacco product, electronic cigarette, or any
18alternative nicotine product to any person under 21 years of
19age.
20    (a-5) No person under 16 years of age may sell any tobacco
21product, electronic cigarette, or alternative nicotine product
22at a retail establishment selling tobacco products, electronic
23cigarettes, or alternative nicotine products. This subsection

 

 

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1does not apply to a sales clerk in a family-owned business
2which can prove that the sales clerk is in fact a son or
3daughter of the owner.
4    (a-5.1) Before selling, offering for sale, giving, or
5furnishing a tobacco product, electronic cigarette, or
6alternative nicotine product to another person, the person
7selling, offering for sale, giving, or furnishing the tobacco
8product, electronic cigarette, or alternative nicotine product
9shall verify that the person is at least 21 years of age by:
10        (1) examining from any person that appears to be under
11    30 years of age a government-issued photographic
12    identification that establishes the person to be 21 years
13    of age or older; or
14        (2) for sales of tobacco products, electronic
15    cigarettes, or alternative nicotine products made through
16    the Internet or other remote sales methods, performing an
17    age verification through an independent, third party age
18    verification service that compares information available
19    from public records to the personal information entered by
20    the person during the ordering process that establishes the
21    person is 21 years of age or older.
22    (a-6) No person under 21 years of age in the furtherance or
23facilitation of obtaining any tobacco product, electronic
24cigarette, or alternative nicotine product shall display or use
25a false or forged identification card or transfer, alter, or
26deface an identification card.

 

 

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1    (a-7) (Blank).
2    (a-7.5) A person under 21 years of age may not possess any
3tobacco product, electronic cigarette, or alternative nicotine
4product.
5    (a-8) A person shall not distribute without charge samples
6of any tobacco product to any other person, regardless of age,
7except for smokeless tobacco in an adult-only facility.
8    This subsection (a-8) does not apply to the distribution of
9a tobacco product, electronic cigarette, or alternative
10nicotine product sample in any adult-only facility.
11    (a-9) For the purpose of this Section:
12        "Adult-only facility" means a facility or restricted
13    area (whether open-air or enclosed) where the operator
14    ensures or has a reasonable basis to believe (such as by
15    checking identification as required under State law, or by
16    checking the identification of any person appearing to be
17    under the age of 30) that no person under legal age is
18    present. A facility or restricted area need not be
19    permanently restricted to persons under 21 years of age to
20    constitute an adult-only facility, provided that the
21    operator ensures or has a reasonable basis to believe that
22    no person under 21 years of age is present during the event
23    or time period in question.
24        "Alternative nicotine product" means a product or
25    device not consisting of or containing tobacco that
26    provides for the ingestion into the body of nicotine,

 

 

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1    whether by chewing, smoking, absorbing, dissolving,
2    inhaling, snorting, sniffing, or by any other means.
3    "Alternative nicotine product" does not include:
4    cigarettes as defined in Section 1 of the Cigarette Tax Act
5    and tobacco products as defined in Section 10-5 of the
6    Tobacco Products Tax Act of 1995; tobacco product and
7    electronic cigarette as defined in this Section; or any
8    product approved by the United States Food and Drug
9    Administration for sale as a tobacco cessation product, as
10    a tobacco dependence product, or for other medical
11    purposes, and is being marketed and sold solely for that
12    approved purpose.
13        "Electronic cigarette" means:
14            (1) any device that employs a battery or other
15        mechanism to heat a solution or substance to produce a
16        vapor or aerosol intended for inhalation;
17            (2) any cartridge or container of a solution or
18        substance intended to be used with or in the device or
19        to refill the device; or
20            (3) any solution or substance, whether or not it
21        contains nicotine intended for use in the device.
22        "Electronic cigarette" includes, but is not limited
23    to, any electronic nicotine delivery system, electronic
24    cigar, electronic cigarillo, electronic pipe, electronic
25    hookah, vape pen, or similar product or device, and any
26    components or parts that can be used to build the product

 

 

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1    or device. "Electronic cigarette" does not include:
2    cigarettes as defined in Section 1 of the Cigarette Tax Act
3    and tobacco products as defined in Section 10-5 of the
4    Tobacco Products Tax Act of 1995; tobacco product and
5    alternative nicotine product as defined in this Section;
6    any product approved by the United States Food and Drug
7    Administration for sale as a tobacco cessation product, as
8    a tobacco dependence product, or for other medical
9    purposes, and is being marketed and sold solely for that
10    approved purpose; any asthma inhaler prescribed by a
11    physician for that condition and is being marketed and sold
12    solely for that approved purpose; or any therapeutic
13    product approved for use under the Compassionate Use of
14    Medical Cannabis Pilot Program Act.
15        "Lunch wagon" means a mobile vehicle designed and
16    constructed to transport food and from which food is sold
17    to the general public.
18        "Nicotine" means any form of the chemical nicotine,
19    including any salt or complex, regardless of whether the
20    chemical is naturally or synthetically derived.
21        "Tobacco product" means any product containing or made
22    from tobacco that is intended for human consumption,
23    whether smoked, heated, chewed, absorbed, dissolved,
24    inhaled, snorted, sniffed, or ingested by any other means,
25    including, but not limited to, cigarettes, cigars, little
26    cigars, chewing tobacco, pipe tobacco, snuff, snus, and any

 

 

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1    other smokeless tobacco product which contains tobacco
2    that is finely cut, ground, powdered, or leaf and intended
3    to be placed in the oral cavity. "Tobacco product" includes
4    any component, part, or accessory of a tobacco product,
5    whether or not sold separately. "Tobacco product" does not
6    include: an electronic cigarette and alternative nicotine
7    product as defined in this Section; or any product that has
8    been approved by the United States Food and Drug
9    Administration for sale as a tobacco cessation product, as
10    a tobacco dependence product, or for other medical
11    purposes, and is being marketed and sold solely for that
12    approved purpose.
13    (b) Tobacco products, electronic cigarettes, and
14alternative nicotine products may be sold through a vending
15machine only if such tobacco products, electronic cigarettes,
16and alternative nicotine products are not placed together with
17any non-tobacco product, other than matches, in the vending
18machine and the vending machine is in any of the following
19locations:
20        (1) (Blank).
21        (2) Places to which persons under 21 years of age are
22    not permitted access at any time.
23        (3) Places where alcoholic beverages are sold and
24    consumed on the premises and vending machine operation is
25    under the direct supervision of the owner or manager.
26        (4) (Blank).

 

 

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1        (5) (Blank).
2    (c) (Blank).
3    (d) The sale or distribution by any person of a tobacco
4product as defined in this Section, including but not limited
5to a single or loose cigarette, that is not contained within a
6sealed container, pack, or package as provided by the
7manufacturer, which container, pack, or package bears the
8health warning required by federal law, is prohibited.
9    (e) It is not a violation of this Act for a person under 21
10years of age to purchase a tobacco product, electronic
11cigarette, or alternative nicotine product if the person under
12the age of 21 purchases or is given the tobacco product,
13electronic cigarette, or alternative nicotine product in any of
14its forms from a retail seller of tobacco products, electronic
15cigarettes, or alternative nicotine products or an employee of
16the retail seller pursuant to a plan or action to investigate,
17patrol, or otherwise conduct a "sting operation" or enforcement
18action against a retail seller of tobacco products, electronic
19cigarettes, or alternative nicotine products or a person
20employed by the retail seller of tobacco products, electronic
21cigarettes, or alternative nicotine products or on any premises
22authorized to sell tobacco products, electronic cigarettes, or
23alternative nicotine products to determine if tobacco
24products, electronic cigarettes, or alternative nicotine
25products are being sold or given to persons under 21 years of
26age if the "sting operation" or enforcement action is approved

 

 

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1by, conducted by, or conducted on behalf of the Department of
2State Police, the county sheriff, a municipal police
3department, the Department of Revenue, the Department of Public
4Health, or a local health department. The results of any sting
5operation or enforcement action, including the name of the
6clerk, shall be provided to the retail seller within 7 business
7days.
8(Source: P.A. 101-2, eff. 7-1-19.)
 
9    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
10    Sec. 2. Penalties.
11    (a) Any person who violates subsection (a), (a-5), (a-5.1),
12(a-8), (b), or (d) of Section 1 of this Act is guilty of a petty
13offense. For the first offense in a 24-month period, the person
14shall be fined $200 if his or her employer has a training
15program that facilitates compliance with minimum-age tobacco
16laws. For the second offense in a 24-month period, the person
17shall be fined $400 if his or her employer has a training
18program that facilitates compliance with minimum-age tobacco
19laws. For the third offense in a 24-month period, the person
20shall be fined $600 if his or her employer has a training
21program that facilitates compliance with minimum-age tobacco
22laws. For the fourth or subsequent offense in a 24-month
23period, the person shall be fined $800 if his or her employer
24has a training program that facilitates compliance with
25minimum-age tobacco laws. For the purposes of this subsection,

 

 

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1the 24-month period shall begin with the person's first
2violation of the Act. The penalties in this subsection are in
3addition to any other penalties prescribed under the Cigarette
4Tax Act and the Tobacco Products Tax Act of 1995.
5    (a-1) Any person under 21 years of age who violates
6subsection (a-7.5) of Section 1 is guilty of a Class A
7misdemeanor.
8    (a-5) Any retailer who violates subsection (a), (a-5),
9(a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty
10of a petty offense. For the first offense in a 24-month period,
11the retailer shall be fined $200 if it does not have a training
12program that facilitates compliance with minimum-age tobacco
13laws. For the second offense in a 24-month period, the retailer
14shall be fined $400 if it does not have a training program that
15facilitates compliance with minimum-age tobacco laws. For the
16third offense within a 24-month period, the retailer shall be
17fined $600 if it does not have a training program that
18facilitates compliance with minimum-age tobacco laws. For the
19fourth or subsequent offense in a 24-month period, the retailer
20shall be fined $800 if it does not have a training program that
21facilitates compliance with minimum-age tobacco laws. For the
22purposes of this subsection, the 24-month period shall begin
23with the person's first violation of the Act. The penalties in
24this subsection are in addition to any other penalties
25prescribed under the Cigarette Tax Act and the Tobacco Products
26Tax Act of 1995.

 

 

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1    (a-6) For the purpose of this Act, a training program that
2facilitates compliance with minimum-age tobacco laws must
3include at least the following elements: (i) it must explain
4that only individuals displaying valid identification
5demonstrating that they are 21 years of age or older shall be
6eligible to purchase tobacco products, electronic cigarettes,
7or alternative nicotine products and (ii) it must explain where
8a clerk can check identification for a date of birth. The
9training may be conducted electronically. Each retailer that
10has a training program shall require each employee who
11completes the training program to sign a form attesting that
12the employee has received and completed tobacco training. The
13form shall be kept in the employee's file and may be used to
14provide proof of training.
15    (b) (Blank). I If a person under 21 years of age violates
16subsection (a-6) of Section 1, he or she is guilty of a Class A
17misdemeanor.
18    (c) (Blank).
19    (d) (Blank).
20    (e) (Blank).
21    (f) (Blank).
22    (g) (Blank).
23    (h) All moneys collected as fines for violations of
24subsection (a), (a-5), (a-5.1), (a-6), (a-7.5), (a-8), (b), or
25(d) or (a-7) of Section 1 shall be distributed in the following
26manner:

 

 

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1        (1) one-half of each fine shall be distributed to the
2    unit of local government or other entity that successfully
3    prosecuted the offender; and
4        (2) one-half shall be remitted to the State to be used
5    for enforcing this Act.
6    Any violation of subsection (a) or (a-5) of Section 1 shall
7be reported to the Department of Revenue within 7 business
8days.
9(Source: P.A. 100-201, eff. 8-18-17; 101-2, eff. 7-1-19;
10revised 4-29-19.)