103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4989

 

Introduced 2/8/2024, by Rep. Ryan Spain

 

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 petty offense. Provides that for the first offense in a 24-month period, the person shall be fined $200; for the second offense in a 24-month period, the person shall be fined $400; for the third offense in a 24-month period, the person shall be fined $600; and for the fourth or subsequent offense in a 24-month period, the person shall be fined $800. Provides that for the purposes of this provision, the 24-month period shall begin with the person's first violation of the Act. Provides for distribution of the fines for violations.


LRB103 34711 RLC 68374 b

 

 

A BILL FOR

 

HB4989LRB103 34711 RLC 68374 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,
9electronic cigarettes, and alternative nicotine products to
10persons under 21 years of age; prohibition on the distribution
11of tobacco product samples, electronic cigarette samples, and
12alternative nicotine product samples to any person; use of
13identification cards; vending machines; lunch wagons;
14out-of-package sales.
15    (a) No person shall sell, buy for, distribute samples of
16or furnish any tobacco product, electronic cigarette, or
17alternative nicotine product to any person under 21 years of
18age.
19    (a-5) No person under 16 years of age may sell any tobacco
20product, electronic cigarette, or alternative nicotine product
21at a retail establishment selling tobacco products, electronic
22cigarettes, or alternative nicotine products. This subsection
23does not apply to a sales clerk in a family-owned business

 

 

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1which can prove that the sales clerk is in fact a son or
2daughter of the owner.
3    (a-5.1) Before selling, offering for sale, giving, or
4furnishing a tobacco product, electronic cigarette, or
5alternative nicotine product to another person, the person
6selling, offering for sale, giving, or furnishing the tobacco
7product, electronic cigarette, or alternative nicotine product
8shall verify that the person is at least 21 years of age by:
9        (1) examining from any person that appears to be under
10    30 years of age a government-issued photographic
11    identification that establishes the person to be 21 years
12    of age or older; or
13        (2) for sales of tobacco products, electronic
14    cigarettes, or alternative nicotine products made through
15    the Internet or other remote sales methods, performing an
16    age verification through an independent, third party age
17    verification service that compares information available
18    from public records to the personal information entered by
19    the person during the ordering process that establishes
20    the person is 21 years of age or older.
21    (a-6) No person under 21 years of age in the furtherance or
22facilitation of obtaining any tobacco product, electronic
23cigarette, or alternative nicotine product shall display or
24use a false or forged identification card or transfer, alter,
25or deface an identification card.
26    (a-7) (Blank).

 

 

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1    (a-7.5) A person under 21 years of age may not possess any
2tobacco product, electronic cigarette, or alternative nicotine
3product.
4    (a-8) A person shall not distribute without charge samples
5of any tobacco product, alternative nicotine product, or
6electronic cigarette 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
9of a 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
5    Act 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, any
26    components or parts that can be used to build the product

 

 

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1    or device, and any component, part, or accessory of a
2    device used during the operation of the device, even if
3    the part or accessory was sold separately. "Electronic
4    cigarette" does not include: cigarettes as defined in
5    Section 1 of the Cigarette Tax Act; tobacco product and
6    alternative nicotine product as defined in this Section;
7    any product approved by the United States Food and Drug
8    Administration for sale as a tobacco cessation product, as
9    a tobacco dependence product, or for other medical
10    purposes, and is being marketed and sold solely for that
11    approved purpose; any asthma inhaler prescribed by a
12    physician for that condition and is being marketed and
13    sold solely for that approved purpose; any device that
14    meets the definition of cannabis paraphernalia under
15    Section 1-10 of the Cannabis Regulation and Tax Act; or
16    any cannabis product sold by a dispensing organization
17    pursuant to the Cannabis Regulation and Tax Act or the
18    Compassionate Use of Medical Cannabis Program Act.
19        "Lunch wagon" means a mobile vehicle designed and
20    constructed to transport food and from which food is sold
21    to the general public.
22        "Nicotine" means any form of the chemical nicotine,
23    including any salt or complex, regardless of whether the
24    chemical is naturally or synthetically derived.
25        "Tobacco product" means any product containing or made
26    from tobacco that is intended for human consumption,

 

 

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

 

 

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

 

 

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1products to determine if tobacco products, electronic
2cigarettes, or alternative nicotine products are being sold or
3given to persons under 21 years of age if the "sting operation"
4or enforcement action is approved by, conducted by, or
5conducted on behalf of the Illinois State Police, the county
6sheriff, a municipal police department, the Department of
7Revenue, the Department of Public Health, or a local health
8department. The results of any sting operation or enforcement
9action, including the name of the clerk, shall be provided to
10the retail seller within 7 business days.
11    (f) No person shall honor or accept any discount, coupon,
12or other benefit or reduction in price that is inconsistent
13with 21 CFR 1140, subsequent United States Food and Drug
14Administration industry guidance, or any rules adopted under
1521 CFR 1140.
16    (g) Any peace officer or duly authorized member of the
17Illinois State Police, a county sheriff's department, a
18municipal police department, the Department of Revenue, the
19Department of Public Health, a local health department, or the
20Department of Human Services, upon discovering a violation of
21subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this
22Section or a violation of the Preventing Youth Vaping Act, may
23seize any tobacco products, alternative nicotine products, or
24electronic cigarettes of the specific type involved in that
25violation that are located at that place of business. The
26tobacco products, alternative nicotine products, or electronic

 

 

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1cigarettes so seized are subject to confiscation and
2forfeiture.
3    (h) If, within 60 days after any seizure under subsection
4(g), a person having any property interest in the seized
5property is charged with an offense under this Section or a
6violation of the Preventing Youth Vaping Act, the court that
7renders judgment upon the charge shall, within 30 days after
8the judgment, conduct a forfeiture hearing to determine
9whether the seized tobacco products or electronic cigarettes
10were part of the inventory located at the place of business
11when a violation of subsection (a), (a-5), (a-5.1), (a-8),
12(b), or (d) of this Section or a violation of the Preventing
13Youth Vaping Act occurred and whether any seized tobacco
14products or electronic cigarettes were of a type involved in
15that violation. The hearing shall be commenced by a written
16petition by the State, which shall include material
17allegations of fact, the name and address of every person
18determined by the State to have any property interest in the
19seized property, a representation that written notice of the
20date, time, and place of the hearing has been mailed to every
21such person by certified mail at least 10 days before the date,
22and a request for forfeiture. Every such person may appear as a
23party and present evidence at the hearing. The quantum of
24proof required shall be a preponderance of the evidence, and
25the burden of proof shall be on the State. If the court
26determines that the seized property was subject to forfeiture,

 

 

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1an order of forfeiture and disposition of the seized property
2shall be entered and the property shall be received by the
3prosecuting office, who shall effect its destruction.
4    (i) If a seizure under subsection (g) is not followed by a
5charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or
6(d) of this Section or under the Preventing Youth Vaping Act,
7or if the prosecution of the charge is permanently terminated
8or indefinitely discontinued without any judgment of
9conviction or acquittal:
10        (1) the prosecuting office may commence in the circuit
11    court an in rem proceeding for the forfeiture and
12    destruction of any seized tobacco products or electronic
13    cigarettes; and
14        (2) any person having any property interest in the
15    seized tobacco products or electronic cigarettes may
16    commence separate civil proceedings in the manner provided
17    by law.
18    (j) After the Department of Revenue has seized any tobacco
19product, nicotine product, or electronic cigarette as provided
20in subsection (g) and a person having any property interest in
21the seized property has not been charged with an offense under
22this Section or a violation of the Preventing Youth Vaping
23Act, the Department of Revenue must hold a hearing and
24determine whether the seized tobacco products, alternative
25nicotine products, or electronic cigarettes were part of the
26inventory located at the place of business when a violation of

 

 

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1subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this
2Section or a violation of the Preventing Youth Vaping Act
3occurred and whether any seized tobacco product, alternative
4nicotine product, or electronic cigarette was of a type
5involved in that violation. The Department of Revenue shall
6give not less than 20 days' notice of the time and place of the
7hearing to the owner of the property, if the owner is known,
8and also to the person in whose possession the property was
9found if that person is known and if the person in possession
10is not the owner of the property. If neither the owner nor the
11person in possession of the property is known, the Department
12of Revenue must cause publication of the time and place of the
13hearing to be made at least once each week for 3 weeks
14successively in a newspaper of general circulation in the
15county where the hearing is to be held.
16    If, as the result of the hearing, the Department of
17Revenue determines that the tobacco products, alternative
18nicotine products, or the electronic cigarettes were part of
19the inventory located at the place of business when a
20violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or
21(d) of this Section or a violation of the Preventing Youth
22Vaping Act at the time of seizure, the Department of Revenue
23must enter an order declaring the tobacco product, alternative
24nicotine product, or electronic cigarette confiscated and
25forfeited to the State, to be held by the Department of Revenue
26for disposal by it as provided in Section 10-58 of the Tobacco

 

 

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1Products Tax Act of 1995. The Department of Revenue must give
2notice of the order to the owner of the property, if the owner
3is known, and also to the person in whose possession the
4property was found if that person is known and if the person in
5possession is not the owner of the property. If neither the
6owner nor the person in possession of the property is known,
7the Department of Revenue must cause publication of the order
8to be made at least once each week for 3 weeks successively in
9a newspaper of general circulation in the county where the
10hearing was held.
11(Source: P.A. 101-2, eff. 7-1-19; 102-538, eff. 8-20-21;
12102-575, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
13    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
14    Sec. 2. Penalties.
15    (a) Any person who violates subsection (a), (a-5),
16(a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty
17of a petty offense. For the first offense in a 24-month period,
18the person shall be fined $200 if his or her employer has a
19training program that facilitates compliance with minimum-age
20tobacco laws. For the second offense in a 24-month period, the
21person shall be fined $400 if his or her employer has a
22training program that facilitates compliance with minimum-age
23tobacco laws. For the third offense in a 24-month period, the
24person shall be fined $600 if his or her employer has a
25training program that facilitates compliance with minimum-age

 

 

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1tobacco laws. For the fourth or subsequent offense in a
224-month period, the person shall be fined $800 if his or her
3employer has a training program that facilitates compliance
4with minimum-age tobacco laws. For the purposes of this
5subsection, the 24-month period shall begin with the person's
6first violation of the Act. The penalties in this subsection
7are in addition to any other penalties prescribed under the
8Cigarette Tax Act and the Tobacco Products Tax Act of 1995.
9    (a-1) Any person who violates subsection (a-7.5) of
10Section 1 is guilty of a petty offense. For the first offense
11in a 24-month period, the person shall be fined $200. For the
12second offense in a 24-month period, the person shall be fined
13$400. For the third offense in a 24-month period, the person
14shall be fined $600. For the fourth or subsequent offense in a
1524-month period, the person shall be fined $800. For the
16purposes of this subsection, the 24-month period shall begin
17with the person's first violation of the Act.
18    (a-5) Any retailer who violates subsection (a), (a-5),
19(a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty
20of a petty offense. For the first offense in a 24-month period,
21the retailer shall be fined $200 if it does not have a training
22program that facilitates compliance with minimum-age tobacco
23laws. For the second offense in a 24-month period, the
24retailer shall be fined $400 if it does not have a training
25program that facilitates compliance with minimum-age tobacco
26laws. For the third offense within a 24-month period, the

 

 

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1retailer shall be fined $600 if it does not have a training
2program that facilitates compliance with minimum-age tobacco
3laws. For the fourth or subsequent offense in a 24-month
4period, the retailer shall be fined $800 if it does not have a
5training program that facilitates compliance with minimum-age
6tobacco laws. For the purposes of this subsection, the
724-month period shall begin with the person's first violation
8of the Act. The penalties in this subsection are in addition to
9any other penalties prescribed under the Cigarette Tax Act and
10the Tobacco Products Tax Act of 1995.
11    (a-6) For the purpose of this Act, a training program that
12facilitates compliance with minimum-age tobacco laws must
13include at least the following elements: (i) it must explain
14that only individuals displaying valid identification
15demonstrating that they are 21 years of age or older shall be
16eligible to purchase tobacco products, electronic cigarettes,
17or alternative nicotine products and (ii) it must explain
18where a clerk can check identification for a date of birth. The
19training may be conducted electronically. Each retailer that
20has a training program shall require each employee who
21completes the training program to sign a form attesting that
22the employee has received and completed tobacco training. The
23form shall be kept in the employee's file and may be used to
24provide proof of training.
25    (b) If a person under 21 years of age violates subsection
26(a-6) of Section 1, he or she is guilty of a Class A

 

 

HB4989- 15 -LRB103 34711 RLC 68374 b

1misdemeanor.
2    (c) (Blank).
3    (d) (Blank).
4    (e) (Blank).
5    (f) (Blank).
6    (g) (Blank).
7    (h) All moneys collected as fines for violations of
8subsection (a), (a-5), (a-5.1), (a-6), (a-7.5), (a-8), (b), or
9(d) of Section 1 shall be distributed in the following manner:
10        (1) one-half of each fine shall be distributed to the
11    unit of local government or other entity that successfully
12    prosecuted the offender; and
13        (2) one-half shall be remitted to the State to be used
14    for enforcing this Act.
15    Any violation of subsection (a) or (a-5) of Section 1
16shall be reported to the Department of Revenue within 7
17business days.
18(Source: P.A. 101-2, eff. 7-1-19; 102-558, eff. 8-20-21.)