99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1919

 

Introduced 2/20/2015, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 130/4g
35 ILCS 130/11c
35 ILCS 143/10-21
35 ILCS 143/10-25
720 ILCS 675/2  from Ch. 23, par. 2358

    Amends the Cigarette Tax Act and the Tobacco Products Tax Act of 1995. Provides that a person who is both a licensed distributor and a licensed retailer shall be issued a single license number by the Department of Revenue. Provides that records may be kept electronically and may be kept at an out-of-state location so long as those records are made available upon reasonable notice for the purpose of investigation and control by the Department of Revenue. Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. In provisions that provide for increased penalties for retailers that do not have training programs, provides that those training programs may be conducted electronically. Provides that, if a retailer has a training program in place prior to the effective date of the amendatory Act, has a training program approved by another state, or follows the guidelines set forth by the federal Food and Drug Administration, then that training program shall be deemed to meet the minimum standards in this State. Effective January 1, 2016.


LRB099 11078 SXM 31474 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1919LRB099 11078 SXM 31474 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cigarette Tax Act is amended by changing
5Sections 4g and 11c as follows:
 
6    (35 ILCS 130/4g)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    Sec. 4g. Retailer's license. Beginning on January 1, 2016,
10no person may engage in business as a retailer of cigarettes in
11this State without first having obtained a license from the
12Department. Application for license shall be made to the
13Department, by electronic means, in a form prescribed by the
14Department. Each applicant for a license under this Section
15shall furnish to the Department, in an electronic format
16established by the Department, the following information:
17        (1) the name and address of the applicant;
18        (2) the address of the location at which the applicant
19    proposes to engage in business as a retailer of cigarettes
20    in this State; and
21        (3) such other additional information as the
22    Department may lawfully require by its rules and
23    regulations.

 

 

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1    The annual license fee payable to the Department for each
2retailer's license shall be $75. The fee shall be deposited
3into the Tax Compliance and Administration Fund and shall be
4for the cost of tobacco retail inspection and contraband
5tobacco and tobacco smuggling with at least two-thirds of the
6money being used for contraband tobacco and tobacco smuggling
7operations and enforcement.
8    Each applicant for a license shall pay the fee to the
9Department at the time of submitting its application for a
10license to the Department. The Department shall require an
11applicant for a license under this Section to electronically
12file and pay the fee.
13    A separate annual license fee shall be paid for each place
14of business at which a person who is required to procure a
15retailer's license under this Section proposes to engage in
16business as a retailer in Illinois under this Act.
17    The following are ineligible to receive a retailer's
18license under this Act:
19        (1) a person who has been convicted of a felony related
20    to the illegal transportation, sale, or distribution of
21    cigarettes, or a tobacco-related felony, under any federal
22    or State law, if the Department, after investigation and a
23    hearing if requested by the applicant, determines that the
24    person has not been sufficiently rehabilitated to warrant
25    the public trust; or
26        (2) a corporation, if any officer, manager, or director

 

 

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1    thereof, or any stockholder or stockholders owning in the
2    aggregate more than 5% of the stock of such corporation,
3    would not be eligible to receive a license under this Act
4    for any reason.
5    The Department, upon receipt of an application and license
6fee, in proper form, from a person who is eligible to receive a
7retailer's license under this Act, shall issue to such
8applicant a license in form as prescribed by the Department.
9That license shall permit the applicant to whom it is issued to
10engage in business as a retailer under this Act at the place
11shown in his or her application. All licenses issued by the
12Department under this Section shall be valid for a period not
13to exceed one year after issuance unless sooner revoked,
14canceled, or suspended as provided in this Act. No license
15issued under this Section is transferable or assignable. The
16license shall be conspicuously displayed in the place of
17business conducted by the licensee in Illinois under such
18license. The Department shall not issue a retailer's license to
19a retailer unless the retailer is also registered under the
20Retailers' Occupation Tax Act. A person who obtains a license
21as a retailer who ceases to do business as specified in the
22license, or who never commenced business, or who obtains a
23distributor's license, or whose license is suspended or
24revoked, shall immediately surrender the license to the
25Department.
26    If a person is both a licensed distributor and a licensed

 

 

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1retailer under this Act, then the Department shall issue that
2person a single license number for both of those purposes.
3    Any person aggrieved by any decision of the Department
4under this Section subsection may, within 45 30 days after
5notice of the decision, protest and request a hearing. Upon
6receiving a request for a hearing, the Department shall give
7written notice to the person requesting the hearing of the time
8and place fixed for the hearing and shall hold a hearing in
9conformity with the provisions of this Act and then issue its
10final administrative decision in the matter to that person. In
11the absence of a protest and request for a hearing within 45 30
12days, the Department's decision shall become final without any
13further determination being made or notice given.
14(Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
 
15    (35 ILCS 130/11c)
16    (This Section may contain text from a Public Act with a
17delayed effective date)
18    Sec. 11c. Retailers; records. Every retailer who is
19required to procure a license under this Act shall keep within
20Illinois complete and accurate records of cigarettes
21purchased, sold, or otherwise disposed of. It shall be the duty
22of every retail licensee to make sales records, copies of bills
23of sale, and inventory at the close of each period for which a
24report is required of all cigarettes on hand available upon
25reasonable notice for the purpose of investigation and control

 

 

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1by the Department. Records may be kept electronically and may
2be kept at an out-of-state location; however, those records
3must be made available upon reasonable notice for the purpose
4of investigation and control by the Department. Such records
5need not be maintained on the licensed premises, but must be
6maintained in the State of Illinois; however, if access is
7available electronically, the records may be maintained out of
8state. However, all original invoices or copies thereof
9covering purchases of cigarettes must be retained on the
10licensed premises for a period of 90 days after such purchase,
11unless the Department has granted a waiver in response to a
12written request in cases where records are kept at a central
13business location within the State of Illinois or in cases
14where records that are available electronically are maintained
15out of state. The Department may adopt rules that establish
16requirements, including record forms and formats, for records
17required to be kept and maintained by the retailer.
18    For purposes of this Section, "records" means all data
19maintained by the retailer, including data on paper, microfilm,
20microfiche or any type of machine sensible data compilation.
21Those books, records, papers, and documents shall be preserved
22for a period of at least 3 years after the date of the
23documents, or the date of the entries appearing in the records,
24unless the Department, in writing, authorizes their
25destruction or disposal at an earlier date. At all times during
26the usual business hours of the day, any duly authorized agent

 

 

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1or employee of the Department may enter any place of business
2of the retailer without a search warrant and may inspect the
3premises to determine whether any of the provisions of this Act
4are being violated. If such agent or employee is denied free
5access or is hindered or interfered with in making such
6examination as herein provided, the license of the retailer
7shall be subject to suspension or revocation by the Department.
8(Source: P.A. 98-1055, eff. 1-1-16.)
 
9    Section 10. The Tobacco Products Tax Act of 1995 is amended
10by changing Sections 10-21 and 10-25 as follows:
 
11    (35 ILCS 143/10-21)
12    (This Section may contain text from a Public Act with a
13delayed effective date)
14    Sec. 10-21. Retailer's license. Beginning on January 1,
152016, no person may engage in business as a retailer of tobacco
16products in this State without first having obtained a license
17from the Department. Application for license shall be made to
18the Department, by electronic means, in a form prescribed by
19the Department. Each applicant for a license under this Section
20shall furnish to the Department, in an electronic format
21established by the Department, the following information:
22        (1) the name and address of the applicant;
23        (2) the address of the location at which the applicant
24    proposes to engage in business as a retailer of tobacco

 

 

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1    products in this State;
2        (3) such other additional information as the
3    Department may lawfully require by its rules and
4    regulations.
5    The annual license fee payable to the Department for each
6retailer's license shall be $75. The fee will be deposited into
7the Tax Compliance and Administration Fund and shall be used
8for the cost of tobacco retail inspection and contraband
9tobacco and tobacco smuggling with at least two-thirds of the
10money being used for contraband tobacco and tobacco smuggling
11operations and enforcement.
12    Each applicant for license shall pay such fee to the
13Department at the time of submitting its application for
14license to the Department. The Department shall require an
15applicant for a license under this Section to electronically
16file and pay the fee.
17    A separate annual license fee shall be paid for each place
18of business at which a person who is required to procure a
19retailer's license under this Section proposes to engage in
20business as a retailer in Illinois under this Act.
21    The following are ineligible to receive a retailer's
22license under this Act:
23        (1) a person who has been convicted of a felony under
24    any federal or State law for smuggling cigarettes or
25    tobacco products or tobacco tax evasion, if the Department,
26    after investigation and a hearing if requested by the

 

 

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1    applicant, determines that such person has not been
2    sufficiently rehabilitated to warrant the public trust;
3    and
4        (2) a corporation, if any officer, manager or director
5    thereof, or any stockholder or stockholders owning in the
6    aggregate more than 5% of the stock of such corporation,
7    would not be eligible to receive a license under this Act
8    for any reason.
9    The Department, upon receipt of an application and license
10fee, in proper form, from a person who is eligible to receive a
11retailer's license under this Act, shall issue to such
12applicant a license in form as prescribed by the Department,
13which license shall permit the applicant to which it is issued
14to engage in business as a retailer under this Act at the place
15shown in his application. All licenses issued by the Department
16under this Section shall be valid for a period not to exceed
17one year after issuance unless sooner revoked, canceled or
18suspended as provided in this Act. No license issued under this
19Section is transferable or assignable. Such license shall be
20conspicuously displayed in the place of business conducted by
21the licensee in Illinois under such license. A person who
22obtains a license as a retailer who ceases to do business as
23specified in the license, or who never commenced business, or
24who obtains a distributor's license, or whose license is
25suspended or revoked, shall immediately surrender the license
26to the Department. The Department shall not issue a license to

 

 

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1a retailer unless the retailer is also validly registered under
2the Retailers Occupation Tax Act.
3    A retailer as defined under this Act need not obtain an
4additional license under this Act, but shall be deemed to be
5sufficiently licensed by virtue of his being properly licensed
6as a retailer under Section 4g of the Cigarette Tax Act.
7    If a person is both a licensed distributor and a licensed
8retailer under this Act (including a retailer who is deemed to
9be sufficiently licensed by virtue of his being properly
10licensed as a retailer under Section 4g of the Cigarette Tax
11Act), then the Department shall issue that person a single
12license number for both of those purposes.
13    Any person aggrieved by any decision of the Department
14under this Section subsection may, within 45 30 days after
15notice of the decision, protest and request a hearing. Upon
16receiving a request for a hearing, the Department shall give
17notice to the person requesting the hearing of the time and
18place fixed for the hearing and shall hold a hearing in
19conformity with the provisions of this Act and then issue its
20final administrative decision in the matter to that person. In
21the absence of a protest and request for a hearing within 30
22days, the Department's decision shall become final without any
23further determination being made or notice given.
24(Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
 
25    (35 ILCS 143/10-25)

 

 

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1    (Text of Section before amendment by P.A. 98-1055)
2    Sec. 10-25. License actions. The Department may, after
3notice and a hearing, revoke, cancel, or suspend the license of
4any distributor who violates any of the provisions of this Act.
5The notice shall specify the alleged violation or violations
6upon which the revocation, cancellation, or suspension
7proceeding is based.
8    The Department may revoke, cancel, or suspend the license
9of any distributor for a violation of the Tobacco Product
10Manufacturers' Escrow Enforcement Act as provided in Section 20
11of that Act.
12    The Department may, by application to any circuit court,
13obtain an injunction restraining any person who engages in
14business as a distributor of tobacco products without a license
15(either because his or her license has been revoked, canceled,
16or suspended or because of a failure to obtain a license in the
17first instance) from engaging in that business until that
18person, as if that person were a new applicant for a license,
19complies with all of the conditions, restrictions, and
20requirements of Section 10-20 of this Act and qualifies for and
21obtains a license. Refusal or neglect to obey the order of the
22court may result in punishment for contempt.
23(Source: P.A. 92-737, eff. 7-25-02.)
 
24    (Text of Section after amendment by P.A. 98-1055)
25    Sec. 10-25. License actions.

 

 

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1    (a) The Department may, after notice and a hearing, revoke,
2cancel, or suspend the license of any distributor or retailer
3who violates any of the provisions of this Act. The notice
4shall specify the alleged violation or violations upon which
5the revocation, cancellation, or suspension proceeding is
6based.
7    (b) The Department may revoke, cancel, or suspend the
8license of any distributor for a violation of the Tobacco
9Product Manufacturers' Escrow Enforcement Act as provided in
10Section 20 of that Act.
11    (c) If the retailer has a training program that facilitates
12compliance with minimum-age tobacco laws, the Department shall
13suspend for 3 days the license of that retailer for a fourth or
14subsequent violation of the Prevention of Tobacco Use by Minors
15and Sale and Distribution of Tobacco Products Act, as provided
16in subsection (a) of Section 2 of that Act. For the purposes of
17this Section, any violation of subsection (a) of Section 2 of
18the Prevention of Tobacco Use by Minors and Sale and
19Distribution of Tobacco Products Act occurring at the
20retailer's licensed location, during a 24-month period, shall
21be counted as a violation against the retailer.
22    If the retailer does not have a training program that
23facilitates compliance with minimum-age tobacco laws, the
24Department shall suspend for 3 days the license of that
25retailer for a second violation of the Prevention of Tobacco
26Use by Minors and Sale and Distribution of Tobacco Products

 

 

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1Act, as provided in subsection (a-5) of Section 2 of that Act.
2    If the retailer does not have a training program that
3facilitates compliance with minimum-age tobacco laws, the
4Department shall suspend for 7 days the license of that
5retailer for a third violation of the Prevention of Tobacco Use
6by Minors and Sale and Distribution of Tobacco Products Act, as
7provided in subsection (a-5) of Section 2 of that Act.
8    If the retailer does not have a training program that
9facilitates compliance with minimum-age tobacco laws, the
10Department shall suspend for 30 days the license of a retailer
11for a fourth or subsequent violation of the Prevention of
12Tobacco Use by Minors and Sale and Distribution of Tobacco
13Products Act, as provided in subsection (a-5) of Section 2 of
14that Act.
15    A training program that facilitates compliance with
16minimum-age tobacco laws must include at least the following
17elements: (i) it must explain that only individuals displaying
18valid identification demonstrating that they are 18 years of
19age or older shall be eligible to purchase cigarettes or
20tobacco products and ; (ii) it must explain where a clerk can
21check identification for a date of birth; and (iii) it must
22explain the penalties that a clerk and retailer are subject to
23for violations of the Prevention of Tobacco Use by Minors and
24Sale and Distribution of Tobacco Products Act. The training may
25be conducted electronically. Each retailer that has a training
26program shall require each employee who completes the training

 

 

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1program to sign a form attesting that the employee has received
2and completed tobacco training. The form shall be kept in the
3employee's file and may be used to provide proof of training.
4If a retailer has a training program in place prior to the
5effective date of this amendatory Act of the 99th General
6Assembly, has a training program approved by another state, or
7follows the guidelines set forth by the federal Food and Drug
8Administration, then that training program shall be deemed to
9meet the minimum standards in this State.
10    (d) The Department may, by application to any circuit
11court, obtain an injunction restraining any person who engages
12in business as a distributor of tobacco products without a
13license (either because his or her license has been revoked,
14canceled, or suspended or because of a failure to obtain a
15license in the first instance) from engaging in that business
16until that person, as if that person were a new applicant for a
17license, complies with all of the conditions, restrictions, and
18requirements of Section 10-20 of this Act and qualifies for and
19obtains a license. Refusal or neglect to obey the order of the
20court may result in punishment for contempt.
21(Source: P.A. 98-1055, eff. 1-1-16.)
 
22    Section 15. The Prevention of Tobacco Use by Minors and
23Sale and Distribution of Tobacco Products Act is amended by
24changing Section 2 as follows:
 

 

 

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1    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
2    (Text of Section before amendment by P.A. 98-1055)
3    Sec. 2. Penalties.
4    (a) Any person who violates subsection (a), (a-5), or (a-6)
5of Section 1 or Section 1.5 of this Act is guilty of a petty
6offense and for the first offense shall be fined $200, $400 for
7the second offense in a 12-month period, and $600 for the third
8or any subsequent offense in a 12-month period.
9    (b) If a minor violates subsection (a-7) of Section 1 he or
10she is guilty of a petty offense and the court may impose a
11sentence of 15 hours of community service or a fine of $25 for
12a first violation.
13    (c) A second violation by a minor of subsection (a-7) of
14Section 1 that occurs within 12 months after the first
15violation is punishable by a fine of $50 and 25 hours of
16community service.
17    (d) A third or subsequent violation by a minor of
18subsection (a-7) of Section 1 that occurs within 12 months
19after the first violation is punishable by a $100 fine and 30
20hours 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-7) of Section 1, the court may, in
26its discretion, and upon recommendation by the State's

 

 

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

 

 

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1(Source: P.A. 98-350, eff. 1-1-14.)
 
2    (Text of Section after amendment by P.A. 98-1055)
3    Sec. 2. Penalties.
4    (a) Any person who violates subsection (a) or (a-5) of
5Section 1 or Section 1.5 of this Act is guilty of a petty
6offense. For the first offense in a 24-month period, the person
7shall be fined $200 if his or her employer has a training
8program that facilitates compliance with minimum-age tobacco
9laws. For the second offense in a 24-month period, the person
10shall be fined $400 if his or her employer has a training
11program that facilitates compliance with minimum-age tobacco
12laws. For the third offense in a 24-month period, the person
13shall be fined $600 if his or her employer has a training
14program that facilitates compliance with minimum-age tobacco
15laws. For the fourth or subsequent offense in a 24-month
16period, the person shall be fined $800 if his or her employer
17has a training program that facilitates compliance with
18minimum-age tobacco laws. For the purposes of this subsection,
19the 24-month period shall begin with the person's first
20violation of the Act. The penalties in this subsection are in
21addition to any other penalties prescribed under the Cigarette
22Tax Act and the Tobacco Products Tax Act of 1995.
23    (a-5) Any person who violates subsection (a) or (a-5) of
24Section 1 or Section 1.5 of this Act is guilty of a petty
25offense. For the first offense, the retailer shall be fined

 

 

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1$200 if it does not have a training program that facilitates
2compliance with minimum-age tobacco laws. For the second
3offense, the retailer shall be fined $400 if it does not have a
4training program that facilitates compliance with minimum-age
5tobacco laws. For the third offense, the retailer shall be
6fined $600 if it does not have a training program that
7facilitates compliance with minimum-age tobacco laws. For the
8fourth or subsequent offense in a 24-month period, the retailer
9shall be fined $800 if it does not have a training program that
10facilitates compliance with minimum-age tobacco laws. For the
11purposes of this subsection, the 24-month period shall begin
12with the person's first violation of the Act. The penalties in
13this subsection are in addition to any other penalties
14prescribed under the Cigarette Tax Act and the Tobacco Products
15Tax Act of 1995.
16    (a-6) For the purpose of this Act, a training program that
17facilitates compliance with minimum-age tobacco laws must
18include at least the following elements: (i) it must explain
19that only individuals displaying valid identification
20demonstrating that they are 18 years of age or older shall be
21eligible to purchase cigarettes or tobacco products and ; (ii)
22it must explain where a clerk can check identification for a
23date of birth; and (iii) it must explain the penalties that a
24clerk and retailer are subject to for violations of the
25Prevention of Tobacco Use by Minors and Sale and Distribution
26of Tobacco Products Act. The training may be conducted

 

 

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1electronically. Each retailer that has a training program shall
2require each employee who completes the training program to
3sign a form attesting that the employee has received and
4completed tobacco training. The form shall be kept in the
5employee's file and may be used to provide proof of training.
6If a retailer has a training program in place prior to the
7effective date of this amendatory Act of the 99th General
8Assembly, has a training program approved by another state, or
9follows the guidelines set forth by the federal Food and Drug
10Administration, then that training program shall be deemed to
11meet the minimum standards in this State.
12    (b) If a minor violates subsection (a-7) of Section 1 he or
13she is guilty of a petty offense and the court may impose a
14sentence of 25 hours of community service and a fine of $50 for
15a first violation. If a minor violates subsection (a-6) of
16Section 1, he or she is guilty of a Class A misdemeanor.
17    (c) A second violation by a minor of subsection (a-7) of
18Section 1 that occurs within 12 months after the first
19violation is punishable by a fine of $75 and 50 hours of
20community service.
21    (d) A third or subsequent violation by a minor of
22subsection (a-7) of Section 1 that occurs within 12 months
23after the first violation is punishable by a $200 fine and 50
24hours of community service.
25    (e) Any second or subsequent violation not within the
2612-month time period after the first violation is punishable as

 

 

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1provided for a first violation.
2    (f) If a minor is convicted of or placed on supervision for
3a violation of subsection (a-6) or (a-7) of Section 1, the
4court may, in its discretion, and upon recommendation by the
5State's Attorney, order that minor and his or her parents or
6legal guardian to attend a smoker's education or youth
7diversion program if that program is available in the
8jurisdiction where the offender resides. Attendance at a
9smoker's education or youth diversion program shall be
10time-credited against any community service time imposed for
11any first violation of subsection (a-7) of Section 1. In
12addition to any other penalty that the court may impose for a
13violation of subsection (a-7) of Section 1, the court, upon
14request by the State's Attorney, may in its discretion require
15the offender to remit a fee for his or her attendance at a
16smoker's education or youth diversion program.
17    (g) For purposes of this Section, "smoker's education
18program" or "youth diversion program" includes, but is not
19limited to, a seminar designed to educate a person on the
20physical and psychological effects of smoking tobacco products
21and the health consequences of smoking tobacco products that
22can be conducted with a locality's youth diversion program.
23    (h) All moneys collected as fines for violations of
24subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
25distributed in 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
6Section 1.5 shall be reported to the Department of Revenue
7within 7 business days.
8(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 99. Effective date. This Act takes effect January
171, 2016.