HB2923 98TH GENERAL ASSEMBLY

LRB098 07383 RPM 37447 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2923

Introduced , by Rep. Laura Fine

SYNOPSIS AS INTRODUCED:

New Act

Creates the Energy Drink Act. Defines "energy drink" as a carbonated beverage that exceeds a caffeine content of 71 milligrams per 12 ounce serving and contains any combination of taurine, guarana, and glucuronolactone. Provides that it is unlawful in this State for any person or retail entity to sell or offer to sell an energy drink to a person under 18 years of age. Provides that no express company, common carrier, or contract carrier nor any representative, agent, or employee on behalf of an express company, common carrier, or contract carrier that carries an energy drink for delivery within this State shall knowingly give or knowingly deliver to a residential address any shipping container clearly labeled as containing an energy drink and labeled as requiring the signature of a person who is at least 18 years of age to any person in this State under the age of 18 years. Sets forth provisions concerning adequate written evidence of age and identity. Sets forth criminal penalties and fines for certain violations of the Act.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Energy Drink Act.

Section 5. Definitions. In this Act:

"Adequate written evidence of age and identity" means a document issued by a federal, state, county, or municipal government, or a subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal Selective Service Act, or an identification card issued to a member of the Armed Forces.

"Energy drink" means a carbonated beverage that exceeds a caffeine content of 71 milligrams per 12 ounce serving and contains any combination of taurine, guarana, and glucuronolactone.

Section 10. Prohibited sales and possession.

(a) It is unlawful in this State for any person or retail entity to sell or offer to sell an energy drink to a person under 18 years of age.

(b) No express company, common carrier, or contract carrier nor any representative, agent, or employee on behalf of an express company, common carrier, or contract carrier that carries an energy drink for delivery within this State shall knowingly give or knowingly deliver to a residential address any shipping container clearly labeled as containing an energy drink and labeled as requiring the signature of a person who is at least 18 years of age to any person in this State under the age of 18 years.

An express company, common carrier, or contract carrier that carries or transports an energy drink for delivery within this State shall obtain a signature at the time of delivery acknowledging receipt of the energy drink by a person who is at least 18 years of age. At no time while delivering an energy drink within this State may any representative, agent, or employee of an express company, common carrier, or contract carrier that carries or transports energy drinks for delivery within this State deliver the energy drink to a residential address without the acknowledgment of the consignee and without first obtaining a signature at the time of the delivery by a person who is at least 18 years of age. A signature of a person on file with the express company, common carrier, or contract carrier does not constitute acknowledgement of the consignee.

Section 15. Adequate written evidence of age and identity. For the purpose of preventing a violation of this Act, any retail entity, or its agent or employee, or a representative, agent, or employee of an express company, common carrier, or contract carrier that carries or transports an energy drink for delivery within this State, shall refuse to sell, deliver, or serve an energy drink to any person who is unable to produce adequate written evidence of age and identity showing that he or she is over the age of 18 years if requested by the retail entity, agent, employee, or representative.

Proof that the retail entity, or its employee or agent, or the representative, agent, or employee of the express company, common carrier, or contract carrier that carries or transports energy drinks for delivery within this State demanded, was shown, and reasonably relied upon written evidence of age and identity in any transaction forbidden by this Act is an affirmative defense in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon. It shall not, however, be an affirmative defense if the agent or employee accepted the written evidence knowing it to be false or fraudulent. If a false or fraudulent Illinois driver's license or Illinois identification card is presented by a person less than 18 years of age to a retail entity or the retail entity's agent or employee for the purpose of ordering, purchasing, attempting to purchase, or otherwise obtaining or attempting to obtain the serving of an energy drink, the law enforcement officer or agency investigating the incident shall, upon the conviction of the person who presented the fraudulent license or identification, make a report of the matter to the Secretary of State on a form provided by the Secretary of State.

However, no agent or employee of the retail entity or employee of an express company, common carrier, or contract carrier that carries or transports energy drinks for delivery within this State shall be disciplined or discharged for selling or furnishing an energy drink to a person under 18 years of age if the agent or employee demanded and was shown, before furnishing an energy drink to a person under 18 years of age, adequate written evidence of age and identity of the person. This paragraph, however, shall not apply if the agent or employee accepted the written evidence knowing it to be false or fraudulent.

Section 20. Penalties; fines.

(a) Any person who violates the provisions of subsection (a) of Section 10 of this Act is guilty of a Class A misdemeanor and the sentence shall include, but shall not be limited to, a fine of not less than $500 for a first offense and not less than $2,000 for a second or subsequent offense. Any person who knowingly violates the provisions of subsection (a) of Section 10 of this Act is guilty of a Class 4 felony if a death occurs as the result of the violation.

(b) Except as otherwise provided in subsection (c) of this Section, any express company, common carrier, or contract carrier that transports an energy drink within this State that violates the provisions of subsection (b) of Section 10 of this Act by knowingly delivering an energy drink to a person under 18 years of age is guilty of a Class A misdemeanor and the sentence shall include, but shall not be limited to, a fine of not less than $500.

(c) Any express company, common carrier, or contract carrier that transports an energy drink for delivery within this State that violates subsection (b) of Section 10 of this Act by delivering an energy drink without the acknowledgement of the consignee and without first obtaining a signature at the time of the delivery by a person who is at least 18 years of age is guilty of a business offense for which the express company, common carrier, or contract carrier that transports an energy drink within this State shall be fined not more than $1,001 for a first offense, not more than $5,000 for a second offense, and not more than $10,000 for a third or subsequent offense. An express company, common carrier, or contract carrier shall be held vicariously liable for the actions of its representatives, agents, or employees. For purposes of this Act, in addition to other methods authorized by law, an express company, common carrier, or contract carrier shall be considered served with process when a representative, agent, or employee alleged to have violated this Act is personally served. Each shipment of an energy drink delivered in violation of subsection (b) of Section 10 of this Act constitutes a separate offense.