Sen. Ira I. Silverstein
Filed: 3/23/2004
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2148




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    AMENDMENT NO. ______. Amend Senate Bill 2148 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1. Short title. This Act may be cited as the 
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Prevention of Cigarette Sales to Minors Act.
 
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    Section 5. Unlawful shipment or transportation of 
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cigarettes. 
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    (a) It is unlawful for any person engaged in the business 
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of selling cigarettes to ship or cause to be shipped any 
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cigarettes unless the person shipping the cigarettes:

 
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        (1) is licensed as a distributor under either
the 
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Cigarette Tax Act, or the Cigarette Use Tax Act; or
 
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delivers the cigarettes to a distributor licensed under 
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either the Cigarette Tax Act or the Cigarette Use Tax Act; 
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or
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        (2) ships them to an export warehouse proprietor 
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pursuant to
Chapter 52 of the Internal Revenue Code, or an 
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operator of
a customs bonded warehouse pursuant to Section 
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1311 or
1555 of Title 19 of the United States Code.


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    For purposes of this subsection (a), a person is a licensed 
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distributor if the person's name appears on a list of licensed 
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distributors published by the Illinois Department of Revenue.


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The term cigarette has the same meaning as defined in Section 1 
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of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax 
 


 






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Act.

Nothing in this Act prohibits a person licensed as a 
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distributor under the Cigarette Tax Act or the Cigarette Use 
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Tax Act from shipping or causing to be shipped any cigarettes 
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to a registered retailer under the Retailers' Occupation Tax 
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Act provided the cigarette tax or cigarette use tax has been 
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paid.


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    (b) A common or contract carrier may transport cigarettes 
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to any individual person in this State only if the carrier 
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reasonably believes such cigarettes have been received from a 
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person described in paragraph (a)(1). Common or contract 
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carriers may make deliveries of cigarettes to licensed 
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distributors described in paragraph (a)(1) of this Section. 
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Nothing in this subsection (b) shall be construed to prohibit a 
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person other than a common or contract carrier from 
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transporting not more than 200 cigarettes at any one time to 
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any person in this State.


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    (c) A common or contract carrier may not complete the 
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delivery of any cigarettes to persons other than those 
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described in paragraph (a)(1) of this Section without first 
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obtaining from the purchaser an official written 
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identification from any state or federal agency that displays 
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the person's date of birth or a birth certificate that includes 
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a reliable confirmation that the purchaser is at least 18 years 
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of age; that the cigarettes purchased are not intended for 
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consumption by an individual who is younger than 18 years of 
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age; and a written statement signed by the purchaser that 
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certifies the purchaser's address and that the purchaser is at 
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least 18 years of age.  The statement shall also confirm: (1) 
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that the purchaser understands that signing another person's 
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name to the certification is illegal; (2) that the sale of 
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cigarettes to individuals under 18 years of age is illegal; and 
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(3) that the purchase of cigarettes by individuals under 18 
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years of age is illegal under the laws of Illinois.
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    (d) When a person engaged in the business of selling

 


 






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cigarettes ships or causes to be shipped any cigarettes to any 
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person in this State, other than in the cigarette 
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manufacturer's or tobacco products manufacturer's original 
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container or wrapping, the container or wrapping must be 
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plainly and visibly marked with the word "cigarettes".

 
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    (e) When a peace officer of this State or any duly 
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authorized officer or employee of the Illinois Department of 
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Public Health or Department of Revenue discovers any cigarettes 
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which have been or which are being shipped or transported in 
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violation of this Section, he or she shall seize and take 
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possession of the cigarettes, and the cigarettes shall be 
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subject to a forfeiture action pursuant to the procedures 
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provided under the Cigarette Tax Act or Cigarette Use Tax Act.


 
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    Section 10. Violation. 
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    (a) A person who violates subsection (a), (b), or (c) of 
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Section 5 is guilty of a Class A misdemeanor. A second or 
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subsequent violation of subsection (a), (b), or (c) of Section 
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5 is a Class 4 felony.
 
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    (b) The Department of Revenue shall impose a civil penalty 
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not to exceed $5,000 on any person who violates subsection (a), 
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(b), or (c) of Section 5. The Department of Revenue shall 
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impose a civil penalty not to exceed $5,000 on any person 
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engaged in the business of selling cigarettes who ships or 
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causes to be shipped any such cigarettes to any person in this 
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State in violation of subsection (d) of Section 5.
 
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    (c) Any person aggrieved by any decision of the Department 
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of Revenue may, within 60 days after notice of that decision, 
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protest in writing and request a hearing. The Department of 
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Revenue shall give notice to the person of the time and place 
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for the hearing and shall hold a hearing before it issues a 
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final administrative decision. Absent a written protest within 
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60 days, the Department's decision shall become final without 
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any further determination made or notice given.


 

 


 






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    Section 99. Effective date. This Act takes effect July 1, 
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2004.".