HB0603ham001 96TH GENERAL ASSEMBLY

Consumer Protection Committee

Filed: 3/10/2009

09600HB0603ham001 LRB096 07354 RLC 23290 a

AMENDMENT TO HOUSE BILL 603

AMENDMENT NO. ______. Amend House Bill 603 by replacing everything after the enacting clause with the following:

"Section 5. The Tobacco Accessories and Smoking Herbs Control Act is amended by changing Sections 2, 3, and 4 as follows:

(720 ILCS 685/2) (from Ch. 23, par. 2358-2)

Sec. 2. Purpose.

(a) The sale and possession of marijuana, hashish, cocaine, opium and their derivatives, is not only prohibited by Illinois Law, but the use of these substances has been deemed injurious to the health of the user.

It has further been determined by the Surgeon General of the United States that the use of tobacco is hazardous to human health.

The ready availability of smoking herbs to minors could lead to the use of tobacco and illegal drugs.

It is in the best interests of the citizens of the State of Illinois to seek to prohibit the spread of illegal drugs, tobacco or smoking materials to minors. The prohibition of the sale of tobacco and snuff accessories and smoking herbs to minors would help to curb the usage of illegal drugs and tobacco products, among our youth.

(b) The General Assembly finds and declares that there has been a proliferation of flavored cigarettes and other tobacco products in recent years. Many of these products have flavors that are particularly attractive to children. These tobacco products have included flavors such as various fruits, candy, chocolate, vanilla, honey, other sweeteners, nut, mint, cocoa, desserts, soft drinks, alcoholic beverages, herb and spice flavorings or other flavorings that are attractive to youth. According to survey evidence and public health experts, children are more likely to choose flavored cigarettes and other tobacco products, and thus the existence of these products increases the incidence of tobacco use among children. Moreover, the earlier that an individual begins using tobacco, the more likely he or she will become addicted to tobacco products and will continue to use tobacco products throughout his or her lifetime. Accordingly, flavored tobacco products result in increased tobacco use, increased addiction, a greater incidence of smoking-related illnesses, increased health care costs, and more smoking-related deaths. The General Assembly therefore finds and declares that flavored smokeable tobacco products present a significant threat to public health and to our children, and that the sale of flavored smokeable tobacco products must be restricted.

(Source: P.A. 82-487.)

(720 ILCS 685/3) (from Ch. 23, par. 2358-3)

Sec. 3. Definitions. The following definitions shall apply to this Act:

(a) "Tobacco accessories" shall mean cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines, and other items, designed primarily for the smoking or ingestion of tobacco products or of substances made illegal under any statute or of substances whose sale, gift, barter, or exchange is made unlawful under this Act.

(b) "Smoking herbs" shall mean all substances of plant origin and their derivatives, including but not limited to broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimson weed and other members of the Datura genus, passion flower and wild lettuce, which are processed or sold primarily for use as smoking materials.

(c) "Bidi cigarette" means a product that contains tobacco that is wrapped in temburni or tendu leaf or that is wrapped in any other material identified by rules of the Department of Public Health that is similar in appearance or characteristics to the temburni or tendu leaf.

(d) "Characterizing flavor" means a predominant flavor, taste, or aroma (other than tobacco or menthol for all smokeable tobacco products and cigars) produced by the tobacco product or its smoke either prior to or during consumption.

(Source: P.A. 91-734, eff. 1-1-01.)

(720 ILCS 685/4) (from Ch. 23, par. 2358-4)

Sec. 4. Offenses.

(a) Sale to minors. No person shall knowingly sell, barter, exchange, deliver or give away or cause or permit or procure to be sold, bartered, exchanged, delivered, or given away tobacco accessories or smoking herbs to any person under 18 years of age.

(a-5) Sale of bidi cigarettes. No person shall knowingly sell, barter, exchange, deliver, or give away a bidi cigarette to another person, nor shall a person cause or permit or procure a bidi cigarette to be sold, bartered, exchanged, delivered, or given away to another person.

(a-6) No person shall knowingly sell, distribute, or offer for sale or distribution in this State or to any person in this State any smokeable tobacco product or any component part thereof (including but not limited to the tobacco, paper, or filter, and any components for roll-your-own cigarettes), which contains a constituent (including a smoke constituent) or additive or artificial or natural flavoring that produces a characterizing flavor. A public statement or claim by the manufacturer, or by any person authorized or permitted by the manufacturer to make public statements concerning the smokeable tobacco product, that a smokeable tobacco product has or produces a characterizing flavor, taste, or aroma (other than tobacco or menthol for all smokeable tobacco products and cigars) shall constitute proof that the smokeable tobacco product has a characterizing flavor.

This subsection (a-6) does not apply to the sale, distribution, or offering for sale or distribution in this State of any cigar with a pre-tax retail price of $3 or more.

(b) Sale of cigarette paper. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit, or procure cigarette paper to be sold, offered, bartered, exchanged, delivered, or given away except from premises or an establishment where other tobacco products are sold. For purposes of this Section, "tobacco products" means cigarettes, cigars, smokeless tobacco, or tobacco in any of its forms.

(c) Sale of cigarette paper from vending machines. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit, or procure cigarette paper to be sold, offered, bartered, exchanged, delivered, or given away by use of a vending or coin-operated machine or device. For purposes of this Section, "cigarette paper" shall not include any paper that is incorporated into a product to which a tax stamp must be affixed under the Cigarette Tax Act or the Cigarette Use Tax Act.

(d) Use of identification cards. No person in the furtherance or facilitation of obtaining smoking accessories and smoking herbs shall display or use a false or forged identification card or transfer, alter, or deface an identification card.

(e) Warning to minors. Any person, firm, partnership, company or corporation operating a place of business where tobacco accessories and smoking herbs are sold or offered for sale shall post in a conspicuous place upon the premises a sign upon which there shall be imprinted the following statement, "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be printed on a white card in red letters at least one-half inch in height.

(Source: P.A. 91-734, eff. 1-1-01.)".