Rep. Kathleen Willis

Filed: 5/18/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 32

2    AMENDMENT NO. ______. Amend Senate Bill 32 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Prevention of Tobacco Use by Minors and
5Sale and Distribution of Tobacco Products Act is amended by
6changing Sections 1.5 and 2 as follows:
 
7    (720 ILCS 675/1.5)
8    Sec. 1.5. Distribution of alternative nicotine products to
9persons under 18 years of age prohibited.
10    (a) For the purposes of this Section, "alternative nicotine
11product" means a product or device not consisting of or
12containing tobacco that provides for the ingestion into the
13body of nicotine, whether by chewing, smoking, absorbing,
14dissolving, inhaling, snorting, sniffing, or by any other
15means. "Alternative nicotine product" excludes cigarettes,
16smokeless tobacco, or other tobacco products as these terms are

 

 

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1defined in Section 1 of this Act and any product approved by
2the United States Food and Drug Administration as a non-tobacco
3product for sale as a tobacco cessation product, as a tobacco
4dependence product, or for other medical purposes, and is being
5marketed and sold solely for that approved purpose.
6    (b) A person, either directly or indirectly by an agent or
7employee, or by a vending machine owned by the person or
8located in the person's establishment, may not sell, offer for
9sale, give, or furnish any alternative nicotine product, or any
10cartridge or component of an alternative nicotine product, to a
11person under 18 years of age.
12    (c) Before selling, offering for sale, giving, or
13furnishing an alternative nicotine product, or any cartridge or
14component of an alternative nicotine product, to another
15person, the person selling, offering for sale, giving, or
16furnishing the alternative nicotine product shall verify that
17the person is at least 18 years of age by:
18        (1) examining from any person that appears to be under
19    27 years of age a government-issued photographic
20    identification that establishes the person is at least 18
21    years of age or
22        (2) for sales made though the Internet or other remote
23    sales methods, performing an age verification through an
24    independent, third-party age verification service that
25    compares information available from public records to the
26    personal information entered by the person during the

 

 

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1    ordering process that establishes the person is 18 years of
2    age or older.
3    (d) A person under 18 years of age shall not possess an
4alternative nicotine product.
5(Source: P.A. 98-350, eff. 1-1-14.)
 
6    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
7    (Text of Section after amendment by P.A. 98-1055)
8    Sec. 2. Penalties.
9    (a) Any person who violates subsection (a) or (a-5) of
10Section 1 or subsection (b) or (c) of Section 1.5 of this Act
11is guilty of a petty offense. For the first offense in a
1224-month period, the person shall be fined $200 if his or her
13employer has a training program that facilitates compliance
14with minimum-age tobacco laws. For the second offense in a
1524-month period, the person shall be fined $400 if his or her
16employer has a training program that facilitates compliance
17with minimum-age tobacco laws. For the third offense in a
1824-month period, the person shall be fined $600 if his or her
19employer has a training program that facilitates compliance
20with minimum-age tobacco laws. For the fourth or subsequent
21offense in a 24-month period, the person shall be fined $800 if
22his or her employer has a training program that facilitates
23compliance with minimum-age tobacco laws. For the purposes of
24this subsection, the 24-month period shall begin with the
25person's first violation of the Act. The penalties in this

 

 

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1subsection are in addition to any other penalties prescribed
2under the Cigarette Tax Act and the Tobacco Products Tax Act of
31995.
4    (a-5) Any retailer person who violates subsection (a) or
5(a-5) of Section 1 or subsection (b) or (c) of Section 1.5 of
6this Act is guilty of a petty offense. For the first offense,
7the retailer shall be fined $200 if it does not have a training
8program that facilitates compliance with minimum-age tobacco
9laws. For the second offense, the retailer shall be fined $400
10if it does not have a training program that facilitates
11compliance with minimum-age tobacco laws. For the third
12offense, the retailer shall be fined $600 if it does not have a
13training program that facilitates compliance with minimum-age
14tobacco laws. For the fourth or subsequent offense in a
1524-month period, the retailer shall be fined $800 if it does
16not have a training program that facilitates compliance with
17minimum-age tobacco laws. For the purposes of this subsection,
18the 24-month period shall begin with the person's first
19violation of the Act. The penalties in this subsection are in
20addition to any other penalties prescribed under the Cigarette
21Tax Act and the Tobacco Products Tax Act of 1995.
22    (a-6) For the purpose of this Act, a training program that
23facilitates compliance with minimum-age tobacco laws must
24include at least the following elements: (i) it must explain
25that only individuals displaying valid identification
26demonstrating that they are 18 years of age or older shall be

 

 

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1eligible to purchase cigarettes or tobacco products; (ii) it
2must explain where a clerk can check identification for a date
3of birth; and (iii) it must explain the penalties that a clerk
4and retailer are subject to for violations of the Prevention of
5Tobacco Use by Minors and Sale and Distribution of Tobacco
6Products Act.
7    (b) If a minor violates subsection (a-7) of Section 1 or
8subsection (d) of Section 1.5 he or she is guilty of a petty
9offense and the court may impose a sentence of 25 hours of
10community service and a fine of $50 for a first violation. If a
11minor violates subsection (a-6) of Section 1, he or she is
12guilty of a Class A misdemeanor.
13    (c) A second violation by a minor of subsection (a-7) of
14Section 1 or subsection (d) of Section 1.5 that occurs within
1512 months after the first violation is punishable by a fine of
16$75 and 50 hours of community service.
17    (d) A third or subsequent violation by a minor of
18subsection (a-7) of Section 1 or subsection (d) of Section 1.5
19that occurs within 12 months after the first violation is
20punishable by a $200 fine and 50 hours of community service.
21    (e) Any second or subsequent violation not within the
2212-month time period after the first violation is punishable as
23provided for a first violation.
24    (f) If a minor is convicted of or placed on supervision for
25a violation of subsection (a-6) or (a-7) of Section 1 or
26subsection (d) of Section 1.5, the court may, in its

 

 

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1discretion, and upon recommendation by the State's Attorney,
2order that minor and his or her parents or legal guardian to
3attend a smoker's education or youth diversion program if that
4program is available in the jurisdiction where the offender
5resides. Attendance at a smoker's education or youth diversion
6program shall be time-credited against any community service
7time imposed for any first violation of subsection (a-7) of
8Section 1. In addition to any other penalty that the court may
9impose for a violation of subsection (a-7) of Section 1 or
10subsection (d) of Section 1.5, the court, upon request by the
11State's Attorney, may in its discretion require the offender to
12remit a fee for his or her attendance at a smoker's education
13or youth diversion program.
14    (g) For purposes of this Section, "smoker's education
15program" or "youth diversion program" includes, but is not
16limited to, a seminar designed to educate a person on the
17physical and psychological effects of smoking tobacco products
18and alternative nicotine products and the health consequences
19of smoking tobacco products and alternative nicotine products
20that can be conducted with a locality's youth diversion
21program.
22    (h) All moneys collected as fines for violations of
23subsection (a), (a-5), (a-6), or (a-7) of Section 1 and
24subsection (b), (c), or (d) of Section 1.5 shall be distributed
25in the following manner:
26        (1) one-half of each fine shall be distributed to the

 

 

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1    unit of local government or other entity that successfully
2    prosecuted the offender; and
3        (2) one-half shall be remitted to the State to be used
4    for enforcing this Act.
5    Any violation of subsection (a) or (a-5) of Section 1 or
6subsection (b) or (c) of Section 1.5 shall be reported to the
7Department of Revenue within 7 business days.
8(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)".