Sen. Jacqueline Y. Collins
Filed: 5/17/2007
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1 | AMENDMENT TO HOUSE BILL 1455
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2 | AMENDMENT NO. ______. Amend House Bill 1455, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Sale of Tobacco to Minors Act is amended by | ||||||
6 | changing Section 1 as follows:
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7 | (720 ILCS 675/1) (from Ch. 23, par. 2357)
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8 | Sec. 1. Prohibition on sale of tobacco to minors; use of | ||||||
9 | identification cards; vending machines; lunch
wagons ; | ||||||
10 | out-of-package sales .
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11 | (a) No minor under 18 years of age shall buy any cigar,
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12 | cigarette,
smokeless tobacco or tobacco in any of its forms. No | ||||||
13 | person shall sell, buy
for, distribute samples of or furnish | ||||||
14 | any cigar, cigarette, smokeless tobacco
or tobacco in any of | ||||||
15 | its forms, to any minor under 18 years of age. | ||||||
16 | (a-5) No minor under 16 years of
age may sell any cigar, |
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1 | cigarette, smokeless tobacco, or tobacco in any of its
forms at | ||||||
2 | a retail
establishment selling tobacco products. This | ||||||
3 | subsection does not apply
to a sales clerk in a family-owned | ||||||
4 | business which can prove that the sales
clerk
is in fact a son | ||||||
5 | or daughter of the owner.
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6 | (a-6) No minor under 18 years of age in the furtherance or | ||||||
7 | facilitation of obtaining any cigar, cigarette, smokeless | ||||||
8 | tobacco, or tobacco in any of its forms shall display or use a | ||||||
9 | false or forged identification card or transfer, alter, or | ||||||
10 | deface an identification card.
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11 | For the purpose of this Section, "smokeless tobacco" means | ||||||
12 | any tobacco
products that are suitable for dipping or chewing.
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13 | (b) Tobacco products listed above may be sold through a | ||||||
14 | vending machine
only if such tobacco products are not placed | ||||||
15 | together with any non-tobacco product, other than matches, in | ||||||
16 | the vending machine and the vending machine is in
any of the | ||||||
17 | following locations:
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18 | (1) Factories, businesses, offices, private clubs, and | ||||||
19 | other places not
open to the general public.
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20 | (1)
(2) Places to which minors under 18 years of age | ||||||
21 | are not permitted access.
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22 | (3) Places where alcoholic beverages are sold and | ||||||
23 | consumed on the
premises.
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24 | (4) Places where the vending machine is under the | ||||||
25 | direct supervision of
the owner of the establishment or an | ||||||
26 | employee over 18 years of age. The sale
of tobacco products |
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1 | from a vending machine under direct supervision of the
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2 | owner or an employee of the establishment is considered a | ||||||
3 | sale of tobacco
products by that person. As used in this | ||||||
4 | subdivision, "direct supervision"
means that the owner or | ||||||
5 | employee has an unimpeded line of sight to the vending
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6 | machine.
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7 | (2)
(5) Places where the vending machine can only be | ||||||
8 | operated by the owner or
an employee over age 18 either | ||||||
9 | directly or through a remote control device if
the device | ||||||
10 | is inaccessible to all customers.
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11 | (c) The sale or distribution at no charge of cigarettes | ||||||
12 | from a lunch wagon
engaging in any sales activity within 1,000 | ||||||
13 | feet of any public or private
elementary or secondary school | ||||||
14 | grounds is prohibited.
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15 | For the purpose of this Section, "lunch wagon" means a | ||||||
16 | mobile vehicle
designed and constructed to transport food and | ||||||
17 | from which food is sold to the
general public. | ||||||
18 | (d) The sale or distribution by any person of a tobacco | ||||||
19 | product listed above, including but not limited to a single or | ||||||
20 | loose cigarette, that is not contained within a sealed | ||||||
21 | container, pack, or package as provided by the manufacturer, | ||||||
22 | which container, pack, or package bears the health warning | ||||||
23 | required by federal law, is prohibited.
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24 | (Source: P.A. 93-284, eff. 1-1-04; 93-886, eff. 1-1-05.)
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25 | Section 10. The Tobacco Accessories and Smoking Herbs |
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1 | Control Act is amended by changing Sections 2, 3, and 4 as | ||||||
2 | follows:
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3 | (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
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4 | Sec. 2. Purpose. | ||||||
5 | (a) The sale and possession of marijuana, hashish, cocaine,
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6 | opium and their derivatives, is not only prohibited by Illinois | ||||||
7 | Law, but
the use of these substances has been deemed injurious | ||||||
8 | to the health of the user.
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9 | It has further been determined by the Surgeon General of | ||||||
10 | the United States
that the use of tobacco is hazardous to human | ||||||
11 | health.
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12 | The ready availability of smoking herbs to minors could | ||||||
13 | lead to the use
of tobacco and illegal drugs.
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14 | It is in the best interests of the citizens of the State of | ||||||
15 | Illinois to
seek to prohibit the spread of illegal drugs, | ||||||
16 | tobacco or smoking materials
to minors. The prohibition of the | ||||||
17 | sale of tobacco and snuff accessories
and smoking herbs to | ||||||
18 | minors would help to curb the usage of illegal drugs
and | ||||||
19 | tobacco products, among our youth.
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20 | (b) The General Assembly finds and declares that there has | ||||||
21 | been a proliferation of flavored cigarettes in recent years. | ||||||
22 | Many of these products have flavors that are particularly | ||||||
23 | attractive to minors. These cigarettes have included flavors | ||||||
24 | such as various fruits, candy, chocolate, vanilla, honey, sugar | ||||||
25 | or sugar substitute, nut, mint, cocoa, desserts, soft drinks, |
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1 | alcoholic beverages, herb and spice flavorings or other | ||||||
2 | flavorings that are attractive to minors. According to survey | ||||||
3 | evidence and public health experts, minors are more likely to | ||||||
4 | choose flavored cigarettes and thus the existence of these | ||||||
5 | products increases the incidence of cigarette use among minors. | ||||||
6 | Moreover, the earlier that an individual begins using tobacco, | ||||||
7 | the more likely he or she will become addicted to tobacco | ||||||
8 | products and will continue to use tobacco products throughout | ||||||
9 | his or her lifetime. Accordingly, flavored cigarettes result in | ||||||
10 | increased tobacco use, increased addiction, a greater | ||||||
11 | incidence of smoking-related illnesses, increased health care | ||||||
12 | costs, and more smoking-related deaths. The General Assembly | ||||||
13 | therefore finds and declares that the existence of flavored | ||||||
14 | cigarettes presents a significant threat to public health and | ||||||
15 | to minors, and that the sale of flavored cigarettes must be | ||||||
16 | restricted.
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17 | (Source: P.A. 82-487.)
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18 | (720 ILCS 685/3) (from Ch. 23, par. 2358-3)
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19 | Sec. 3. Definitions. The following definitions shall apply | ||||||
20 | to this
Act:
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21 | (a) "Tobacco accessories" shall mean cigarette papers, | ||||||
22 | pipes, holders
of smoking materials of all types, cigarette | ||||||
23 | rolling machines, and other
items, designed primarily for the | ||||||
24 | smoking or ingestion of tobacco products
or of substances made | ||||||
25 | illegal under any statute or of substances whose
sale, gift, |
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1 | barter, or exchange is made unlawful under this Act.
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2 | (b) "Smoking herbs" shall mean all substances of plant | ||||||
3 | origin and their
derivatives, including but not limited to | ||||||
4 | broom, calea, California poppy,
damiana, hops, ginseng, | ||||||
5 | lobelia, jimson weed and other members of the Datura
genus, | ||||||
6 | passion flower and wild lettuce, which are processed or sold | ||||||
7 | primarily
for use as smoking materials.
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8 | (c) "Bidi cigarette" means a product that contains tobacco | ||||||
9 | that is
wrapped
in temburni or tendu leaf or that is wrapped in | ||||||
10 | any
other material identified by rules of the Department of | ||||||
11 | Public Health that is
similar in appearance or
characteristics | ||||||
12 | to the temburni or tendu leaf.
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13 | (d) "Flavored cigarette" means any cigarette product, or | ||||||
14 | any component part thereof (including but not limited to the | ||||||
15 | tobacco, paper, or filter, and any components for roll-your-own | ||||||
16 | cigarettes), which contains a natural or artificial | ||||||
17 | constituent or additive that causes such cigarette or its smoke | ||||||
18 | to have a characterizing flavor other than tobacco or menthol. | ||||||
19 | (e) "Characterizing flavor" includes but is not limited to | ||||||
20 | any fruit, candy, chocolate, vanilla, honey, sugar or sugar | ||||||
21 | substitute, nut, mint, cocoa, dessert, soft drink, alcoholic | ||||||
22 | beverage, herb or spice flavoring, but does not include tobacco | ||||||
23 | or menthol. In no event shall a cigarette or any component part | ||||||
24 | thereof (including but not limited to the tobacco, paper, roll | ||||||
25 | or filter) be construed to have a characterizing flavor based | ||||||
26 | solely on the use of additives or flavorings, or the provision |
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1 | of an ingredient list made available by any means.
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2 | (Source: P.A. 91-734, eff. 1-1-01.)
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3 | (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
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4 | Sec. 4. Offenses.
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5 | (a) Sale to minors. No person shall knowingly sell,
barter, | ||||||
6 | exchange, deliver or give away or cause or permit or procure to
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7 | be sold, bartered, exchanged, delivered, or given away tobacco | ||||||
8 | accessories
or smoking herbs to any person under 18 years of | ||||||
9 | age.
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10 | (a-5) Sale of bidi cigarettes. No person shall knowingly | ||||||
11 | sell, barter,
exchange, deliver, or give away a bidi cigarette | ||||||
12 | to another
person, nor shall a person cause or permit or | ||||||
13 | procure a bidi cigarette to be
sold, bartered, exchanged, | ||||||
14 | delivered, or given away to
another person.
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15 | (a-6) No person shall knowingly sell, distribute, or offer | ||||||
16 | for sale or distribution in this State or to any person in this | ||||||
17 | State a flavored cigarette. | ||||||
18 | (b) Sale of cigarette paper. No person shall knowingly | ||||||
19 | offer, sell,
barter, exchange, deliver or give away cigarette | ||||||
20 | paper or cause, permit, or
procure cigarette paper to be sold, | ||||||
21 | offered, bartered, exchanged,
delivered, or given away except | ||||||
22 | from premises or an establishment where other
tobacco
products | ||||||
23 | are sold. For purposes of this Section, "tobacco products" | ||||||
24 | means
cigarettes, cigars, smokeless tobacco, or tobacco in any | ||||||
25 | of its forms.
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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 a | ||||||
8 | product to which a tax stamp
must be affixed under the | ||||||
9 | Cigarette Tax Act or the Cigarette Use Tax Act.
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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.
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15 | (e) Warning to minors. Any person, firm, partnership, | ||||||
16 | company or
corporation operating a place of business where | ||||||
17 | tobacco accessories and
smoking herbs are sold or offered for | ||||||
18 | sale shall post in a conspicuous
place upon the premises a sign | ||||||
19 | upon which there shall be imprinted the
following statement, | ||||||
20 | "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
PERSONS UNDER | ||||||
21 | EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
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22 | PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be | ||||||
23 | printed on
a white card in red letters at least one-half inch | ||||||
24 | in height.
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25 | (Source: P.A. 91-734, eff. 1-1-01.)".
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