Full Text of HB1455 95th General Assembly
HB1455sam002 95TH GENERAL ASSEMBLY
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Sen. Jacqueline Y. Collins
Filed: 5/17/2007
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| AMENDMENT TO HOUSE BILL 1455
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| AMENDMENT NO. ______. Amend House Bill 1455, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Sale of Tobacco to Minors Act is amended by | 6 |
| changing Section 1 as follows:
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| (720 ILCS 675/1) (from Ch. 23, par. 2357)
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| 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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| (a) No minor under 18 years of age shall buy any cigar,
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| 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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| 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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| (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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| For the purpose of this Section, "smokeless tobacco" means | 12 |
| any tobacco
products that are suitable for dipping or chewing.
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| (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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| (1) Factories, businesses, offices, private clubs, and | 19 |
| other places not
open to the general public.
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| (1)
(2) Places to which minors under 18 years of age | 21 |
| are not permitted access.
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| (3) Places where alcoholic beverages are sold and | 23 |
| consumed on the
premises.
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| (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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| from a vending machine under direct supervision of the
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| 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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| machine.
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| (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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| (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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| 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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| (Source: P.A. 93-284, eff. 1-1-04; 93-886, eff. 1-1-05.)
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| Section 10. The Tobacco Accessories and Smoking Herbs |
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| Control Act is amended by changing Sections 2, 3, and 4 as | 2 |
| follows:
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| (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
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| Sec. 2. Purpose. | 5 |
| (a) The sale and possession of marijuana, hashish, cocaine,
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| 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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| 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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| The ready availability of smoking herbs to minors could | 13 |
| lead to the use
of tobacco and illegal drugs.
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| 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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| (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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| 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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| (Source: P.A. 82-487.)
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| (720 ILCS 685/3) (from Ch. 23, par. 2358-3)
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| Sec. 3. Definitions. The following definitions shall apply | 20 |
| to this
Act:
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| (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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| barter, or exchange is made unlawful under this Act.
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| (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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| (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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| (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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| of an ingredient list made available by any means.
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| (Source: P.A. 91-734, eff. 1-1-01.)
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| (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
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| Sec. 4. Offenses.
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| (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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| 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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| (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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| (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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| (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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| (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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| (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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| 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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| (Source: P.A. 91-734, eff. 1-1-01.)".
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