Sen. Jacqueline Y. Collins
Filed: 5/7/2007
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1 | AMENDMENT TO HOUSE BILL 1455
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2 | AMENDMENT NO. ______. Amend House Bill 1455 on page 3, by | ||||||
3 | inserting immediately below line 16 the following:
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4 | "Section 10. The Tobacco Accessories and Smoking Herbs | ||||||
5 | Control Act is amended by changing Sections 2, 3, and 4 as | ||||||
6 | follows:
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7 | (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
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8 | Sec. 2. Purpose. | ||||||
9 | (a) The sale and possession of marijuana, hashish, cocaine,
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10 | opium and their derivatives, is not only prohibited by Illinois | ||||||
11 | Law, but
the use of these substances has been deemed injurious | ||||||
12 | to the health of the user.
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13 | It has further been determined by the Surgeon General of | ||||||
14 | the United States
that the use of tobacco is hazardous to human | ||||||
15 | health.
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16 | The ready availability of smoking herbs to minors could |
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1 | lead to the use
of tobacco and illegal drugs.
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2 | It is in the best interests of the citizens of the State of | ||||||
3 | Illinois to
seek to prohibit the spread of illegal drugs, | ||||||
4 | tobacco or smoking materials
to minors. The prohibition of the | ||||||
5 | sale of tobacco and snuff accessories
and smoking herbs to | ||||||
6 | minors would help to curb the usage of illegal drugs
and | ||||||
7 | tobacco products, among our youth.
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8 | (b) The General Assembly finds and declares that there has | ||||||
9 | been a proliferation of flavored cigarettes in recent years. | ||||||
10 | Many of these products have flavors that are particularly | ||||||
11 | attractive to children. These cigarettes have included flavors | ||||||
12 | such as various fruits, candy, chocolate, vanilla, honey, other | ||||||
13 | sweeteners, nut, mint, cocoa, desserts, soft drinks, alcoholic | ||||||
14 | beverages, herb and spice flavorings or other flavorings that | ||||||
15 | are attractive to youth. According to survey evidence and | ||||||
16 | public health experts, children are more likely to choose | ||||||
17 | flavored cigarettes and thus the existence of these products | ||||||
18 | increases the incidence of cigarette use among children. | ||||||
19 | Moreover, the earlier that an individual begins using tobacco, | ||||||
20 | the more likely he or she will become addicted to tobacco | ||||||
21 | products and will continue to use tobacco products throughout | ||||||
22 | his or her lifetime. Accordingly, flavored cigarettes result in | ||||||
23 | increased tobacco use, increased addiction, a greater | ||||||
24 | incidence of smoking-related illnesses, increased health care | ||||||
25 | costs, and more smoking-related deaths. The General Assembly | ||||||
26 | therefore finds and declares that the existence of flavored |
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1 | cigarettes presents a significant threat to public health and | ||||||
2 | to our children, and that the sale of flavored cigarettes must | ||||||
3 | be restricted.
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4 | (Source: P.A. 82-487.)
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5 | (720 ILCS 685/3) (from Ch. 23, par. 2358-3)
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6 | Sec. 3. Definitions. The following definitions shall apply | ||||||
7 | to this
Act:
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8 | (a) "Tobacco accessories" shall mean cigarette papers, | ||||||
9 | pipes, holders
of smoking materials of all types, cigarette | ||||||
10 | rolling machines, and other
items, designed primarily for the | ||||||
11 | smoking or ingestion of tobacco products
or of substances made | ||||||
12 | illegal under any statute or of substances whose
sale, gift, | ||||||
13 | barter, or exchange is made unlawful under this Act.
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14 | (b) "Smoking herbs" shall mean all substances of plant | ||||||
15 | origin and their
derivatives, including but not limited to | ||||||
16 | broom, calea, California poppy,
damiana, hops, ginseng, | ||||||
17 | lobelia, jimson weed and other members of the Datura
genus, | ||||||
18 | passion flower and wild lettuce, which are processed or sold | ||||||
19 | primarily
for use as smoking materials.
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20 | (c) "Bidi cigarette" means a product that contains tobacco | ||||||
21 | that is
wrapped
in temburni or tendu leaf or that is wrapped in | ||||||
22 | any
other material identified by rules of the Department of | ||||||
23 | Public Health that is
similar in appearance or
characteristics | ||||||
24 | to the temburni or tendu leaf.
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25 | (d) "Flavored cigarette" means any cigarette product, or |
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1 | any component part thereof (including but not limited to the | ||||||
2 | tobacco, paper, or filter, and any components for roll-your-own | ||||||
3 | cigarettes), which contains a natural or artificial | ||||||
4 | constituent or additive that causes such cigarette or its smoke | ||||||
5 | to have a characterizing flavor other than tobacco or menthol. | ||||||
6 | (e) "Characterizing flavor" means a distinguishable | ||||||
7 | flavor, taste, or aroma (other than tobacco or menthol) | ||||||
8 | produced by the tobacco product or its smoke either prior to or | ||||||
9 | during consumption.
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10 | (Source: P.A. 91-734, eff. 1-1-01.)
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11 | (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
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12 | Sec. 4. Offenses.
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13 | (a) Sale to minors. No person shall knowingly sell,
barter, | ||||||
14 | exchange, deliver or give away or cause or permit or procure to
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15 | be sold, bartered, exchanged, delivered, or given away tobacco | ||||||
16 | accessories
or smoking herbs to any person under 18 years of | ||||||
17 | age.
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18 | (a-5) Sale of bidi cigarettes. No person shall knowingly | ||||||
19 | sell, barter,
exchange, deliver, or give away a bidi cigarette | ||||||
20 | to another
person, nor shall a person cause or permit or | ||||||
21 | procure a bidi cigarette to be
sold, bartered, exchanged, | ||||||
22 | delivered, or given away to
another person.
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23 | (a-6) No person shall knowingly sell, distribute, or offer | ||||||
24 | for sale or distribution in this State or to any person in this | ||||||
25 | State a flavored cigarette. A public statement or claim by the |
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1 | manufacturer or by any person authorized or permitted by the | ||||||
2 | manufacturer to make public statements concerning a cigarette, | ||||||
3 | that the cigarette has or produces a flavor, taste, or aroma | ||||||
4 | (other than tobacco or menthol) shall constitute proof that the | ||||||
5 | cigarette has a characterizing flavor and is a flavored | ||||||
6 | cigarette. | ||||||
7 | (b) Sale of cigarette paper. No person shall knowingly | ||||||
8 | offer, sell,
barter, exchange, deliver or give away cigarette | ||||||
9 | paper or cause, permit, or
procure cigarette paper to be sold, | ||||||
10 | offered, bartered, exchanged,
delivered, or given away except | ||||||
11 | from premises or an establishment where other
tobacco
products | ||||||
12 | are sold. For purposes of this Section, "tobacco products" | ||||||
13 | means
cigarettes, cigars, smokeless tobacco, or tobacco in any | ||||||
14 | of its forms.
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15 | (c) Sale of cigarette paper from vending machines. No | ||||||
16 | person shall
knowingly offer, sell, barter, exchange, deliver | ||||||
17 | or give away cigarette
paper or cause, permit, or procure | ||||||
18 | cigarette paper to be sold, offered,
bartered, exchanged, | ||||||
19 | delivered, or
given away by use of a vending or coin-operated | ||||||
20 | machine or device. For
purposes of this Section, "cigarette | ||||||
21 | paper" shall not
include any paper that is incorporated into a | ||||||
22 | product to which a tax stamp
must be affixed under the | ||||||
23 | Cigarette Tax Act or the Cigarette Use Tax Act.
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24 | (d) Use of identification cards. No person in the | ||||||
25 | furtherance or
facilitation of obtaining smoking accessories | ||||||
26 | and smoking herbs shall
display or use a false or forged |
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1 | identification card or transfer, alter, or
deface an | ||||||
2 | identification card.
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3 | (e) Warning to minors. Any person, firm, partnership, | ||||||
4 | company or
corporation operating a place of business where | ||||||
5 | tobacco accessories and
smoking herbs are sold or offered for | ||||||
6 | sale shall post in a conspicuous
place upon the premises a sign | ||||||
7 | upon which there shall be imprinted the
following statement, | ||||||
8 | "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
PERSONS UNDER | ||||||
9 | EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
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10 | PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be | ||||||
11 | printed on
a white card in red letters at least one-half inch | ||||||
12 | in height.
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13 | (Source: P.A. 91-734, eff. 1-1-01.)".
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