Full Text of SB0032 99th General Assembly
SB0032sam001 99TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/17/2015
| | 09900SB0032sam001 | | LRB099 02713 RLC 32555 a |
|
| 1 | | AMENDMENT TO SENATE BILL 32
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 32 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Prevention of Tobacco Use by
Minors and | 5 | | Sale and Distribution of Tobacco Products Act is amended by | 6 | | changing Sections 1.5 and 2 as follows: | 7 | | (720 ILCS 675/1.5) | 8 | | Sec. 1.5. Distribution of alternative nicotine products | 9 | | and vapor products to and possession by persons under 18 years | 10 | | of age prohibited. | 11 | | (a) For the purposes of this Section : | 12 | | "Alternative nicotine
product" means any | 13 | | non-combustible product containing
nicotine that is | 14 | | intended for human consumption, whether chewed, absorbed, | 15 | | dissolved, or
ingested by any other means. "Alternative | 16 | | nicotine product" does not include any vapor
product, |
| | | 09900SB0032sam001 | - 2 - | LRB099 02713 RLC 32555 a |
|
| 1 | | smokeless tobacco, or other tobacco product as these terms | 2 | | are defined in this Act and cigarettes, nor any product | 3 | | regulated as a drug or device by the United States Food
and | 4 | | Drug Administration under Chapter V of the Food, Drug and | 5 | | Cosmetic Act. | 6 | | "Vapor product" means any non-combustible product
| 7 | | containing nicotine that employs a heating element, power | 8 | | source, electronic circuit, or
other electronic chemical | 9 | | or mechanical means, regardless of shape or size, that can | 10 | | be
used to produce vapor from nicotine in a solution or | 11 | | other form. "Vapor product"
includes any electronic | 12 | | cigarette, electronic cigar, electronic cigarillo, | 13 | | electronic pipe, or
similar product or device and any vapor | 14 | | cartridge or other container of nicotine in a
solution or | 15 | | other form that is intended to be used with or in an | 16 | | electronic cigarette,
electronic cigar, electronic | 17 | | cigarillo, electronic pipe, or similar product or device.
| 18 | | "Vapor product" does not include any product regulated as a | 19 | | drug or device by the United
States Food and Drug | 20 | | Administration under Chapter V of the Food, Drug and | 21 | | Cosmetic
Act. | 22 | | , "alternative nicotine product" means a product or | 23 | | device not consisting of or containing tobacco that | 24 | | provides for the ingestion into the body of nicotine, | 25 | | whether by chewing, smoking, absorbing, dissolving, | 26 | | inhaling, snorting, sniffing, or by any other means. |
| | | 09900SB0032sam001 | - 3 - | LRB099 02713 RLC 32555 a |
|
| 1 | | "Alternative nicotine product" excludes cigarettes, | 2 | | smokeless tobacco, or other tobacco products as these terms | 3 | | are defined in Section 1 of this Act and any product | 4 | | approved by the United States Food and Drug Administration | 5 | | as a non-tobacco product for sale as a tobacco cessation | 6 | | product, as a tobacco dependence product, or for other | 7 | | medical purposes, and is being marketed and sold solely for | 8 | | that approved purpose. | 9 | | (b) A person, either directly or indirectly by an agent or | 10 | | employee, or by a vending machine
owned by the person or | 11 | | located in the person's establishment, may not sell, offer for | 12 | | sale, give,
or furnish any alternative nicotine product or | 13 | | vapor product , or any cartridge or component of an alternative | 14 | | nicotine product or vapor product , to a person under 18 years | 15 | | of age. | 16 | | (c) Before selling, offering for sale, giving, or | 17 | | furnishing an alternative nicotine product or vapor product , or | 18 | | any cartridge
or component of an alternative nicotine product | 19 | | or vapor product , to another person, the person selling, | 20 | | offering for sale, giving, or furnishing the alternative | 21 | | nicotine product or vapor product shall verify that the
person | 22 | | is at least 18 years of age by: | 23 | | (1) examining from any person that appears to
be under | 24 | | 27 years of age a government-issued photographic | 25 | | identification that establishes
the person is at least 18 | 26 | | years of age or |
| | | 09900SB0032sam001 | - 4 - | LRB099 02713 RLC 32555 a |
|
| 1 | | (2) for sales made though the Internet or other
remote | 2 | | sales methods, performing an age verification through an | 3 | | independent, third-party
age verification service that | 4 | | compares information available from public records to the
| 5 | | personal information entered by the person during the | 6 | | ordering process that establishes
the person is 18 years of | 7 | | age or older. | 8 | | (d) A minor under 18 years of age shall not possess an
| 9 | | alternative nicotine product or vapor product.
| 10 | | (Source: P.A. 98-350, eff. 1-1-14.) | 11 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 12 | | (Text of Section after amendment by P.A. 98-1055 ) | 13 | | Sec. 2. Penalties. | 14 | | (a) Any person who violates subsection (a) or (a-5) of | 15 | | Section 1 or subsection (b) or (c) of Section 1.5 of this Act | 16 | | is guilty of a petty offense. For the first offense in a | 17 | | 24-month period, the person shall be fined $200 if his or her | 18 | | employer has a training program that facilitates compliance | 19 | | with minimum-age tobacco laws. For the second offense in a | 20 | | 24-month period, the person shall be fined $400 if his or her | 21 | | employer has a training program that facilitates compliance | 22 | | with minimum-age tobacco laws. For the third offense in a | 23 | | 24-month period, the person shall be fined $600 if his or her | 24 | | employer has a training program that facilitates compliance | 25 | | with minimum-age tobacco laws. For the fourth or subsequent |
| | | 09900SB0032sam001 | - 5 - | LRB099 02713 RLC 32555 a |
|
| 1 | | offense in a 24-month period, the person shall be fined $800 if | 2 | | his or her employer has a training program that facilitates | 3 | | compliance with minimum-age tobacco laws. For the purposes of | 4 | | this subsection, the 24-month period shall begin with the | 5 | | person's first violation of the Act. The penalties in this | 6 | | subsection are in addition to any other penalties prescribed | 7 | | under the Cigarette Tax Act and the Tobacco Products Tax Act of | 8 | | 1995. | 9 | | (a-5) Any person who violates subsection (a) or (a-5) of | 10 | | Section 1 or subsection (b) or (c) of Section 1.5 of this Act | 11 | | is guilty of a petty offense. For the first offense, the | 12 | | retailer shall be fined $200 if it does not have a training | 13 | | program that facilitates compliance with minimum-age tobacco | 14 | | laws. For the second offense, the retailer shall be fined $400 | 15 | | if it does not have a training program that facilitates | 16 | | compliance with minimum-age tobacco laws. For the third | 17 | | offense, the retailer shall be fined $600 if it does not have a | 18 | | training program that facilitates compliance with minimum-age | 19 | | tobacco laws. For the fourth or subsequent offense in a | 20 | | 24-month period, the retailer shall be fined $800 if it does | 21 | | not have a training program that facilitates compliance with | 22 | | minimum-age tobacco laws. For the purposes of this subsection, | 23 | | the 24-month period shall begin with the person's first | 24 | | violation of the Act. The penalties in this subsection are in | 25 | | addition to any other penalties prescribed under the Cigarette | 26 | | Tax Act and the Tobacco Products Tax Act of 1995. |
| | | 09900SB0032sam001 | - 6 - | LRB099 02713 RLC 32555 a |
|
| 1 | | (a-6) For the purpose of this Act, a training program that | 2 | | facilitates compliance with minimum-age tobacco laws must | 3 | | include at least the following elements: (i) it must explain | 4 | | that only individuals displaying valid identification | 5 | | demonstrating that they are 18 years of age or older shall be | 6 | | eligible to purchase cigarettes or tobacco products; (ii) it | 7 | | must explain where a clerk can check identification for a date | 8 | | of birth; and (iii) it must explain the penalties that a clerk | 9 | | and retailer are subject to for violations of the Prevention of | 10 | | Tobacco Use by Minors and Sale and Distribution of Tobacco | 11 | | Products Act.
| 12 | | (b) If a minor violates subsection (a-7) of Section 1 or | 13 | | subsection (d) of Section 1.5 he or she is guilty of a petty | 14 | | offense and the court may
impose a sentence of 25 hours of
| 15 | | community
service and a fine of $50 for a first violation. If a | 16 | | minor violates subsection (a-6) of Section 1, he or she is | 17 | | guilty of a Class A misdemeanor.
| 18 | | (c) A second violation by a minor of subsection (a-7) of | 19 | | Section 1 or subsection (d) of Section 1.5 that occurs
within | 20 | | 12 months after the first violation is punishable by a fine of | 21 | | $75 and 50
hours of community service.
| 22 | | (d) A third or subsequent violation by a minor of | 23 | | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 | 24 | | that
occurs within 12 months after the first violation is | 25 | | punishable by a $200
fine
and 50 hours of community service.
| 26 | | (e) Any second or subsequent violation not within the |
| | | 09900SB0032sam001 | - 7 - | LRB099 02713 RLC 32555 a |
|
| 1 | | 12-month time period
after
the first violation is punishable as | 2 | | provided for a first violation.
| 3 | | (f) If a minor is convicted of or placed on supervision for | 4 | | a violation of
subsection (a-6) or (a-7) of Section 1, the | 5 | | court may, in its discretion, and upon
recommendation by the | 6 | | State's Attorney, order that minor and his or her parents
or | 7 | | legal
guardian to attend a smoker's education or youth | 8 | | diversion program if that
program is available in the | 9 | | jurisdiction where the offender resides.
Attendance at a | 10 | | smoker's education or youth diversion program
shall be | 11 | | time-credited against any community service time imposed for | 12 | | any
first violation of subsection (a-7) of Section 1. In | 13 | | addition to any other
penalty
that the court may impose for a | 14 | | violation of subsection (a-7) of Section 1, the
court, upon | 15 | | request by the State's Attorney, may in its discretion
require
| 16 | | the offender to remit a fee for his or her attendance at a | 17 | | smoker's
education or
youth diversion program.
| 18 | | (f-1) If a minor is convicted of or placed on supervision | 19 | | for a violation of subsection (d) of Section 1.5, the court | 20 | | may, in its discretion, and upon recommendation by the State's | 21 | | Attorney order that minor and his or her parents or legal | 22 | | guardian to attend a youth diversion program if that program is | 23 | | available in the jurisdiction where the offender resides. | 24 | | Attendance at a youth diversion program shall be time-credited | 25 | | against any community service time imposed for any first | 26 | | violation of subsection (d) of Section 1.5. In addition to any |
| | | 09900SB0032sam001 | - 8 - | LRB099 02713 RLC 32555 a |
|
| 1 | | other penalty that the court may impose for a violation of | 2 | | subsection (d) of Section 1.5, the court, upon request by the | 3 | | State's Attorney, may in its discretion require the offender to | 4 | | remit a fee for his or her attendance at a youth diversion | 5 | | program. | 6 | | (g) For purposes of this Section : | 7 | | "Smoker's , "smoker's education
program"
or
"youth | 8 | | diversion program" includes, but is not limited to, a | 9 | | seminar designed
to educate a person on the physical and | 10 | | psychological effects of smoking
tobacco products and the | 11 | | health consequences of smoking tobacco products
that can be | 12 | | conducted with a locality's youth diversion program.
| 13 | | "Youth diversion program" includes, but is not limited | 14 | | to, a seminar designed to educate a person on the physical | 15 | | and psychological effects of using nicotine products, | 16 | | alternative nicotine products, and vapor products and the | 17 | | health consequences of using nicotine products, | 18 | | alternative nicotine products, and vapor products that can | 19 | | be conducted with a locality's youth diversion program. | 20 | | (h) All moneys collected as fines for violations of | 21 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
or | 22 | | subsection (b), (c), or (d) of Section 1.5 shall be distributed | 23 | | in the following manner:
| 24 | | (1) one-half of each fine shall be distributed to the | 25 | | unit of local
government or other entity that successfully | 26 | | prosecuted the offender;
and
|
| | | 09900SB0032sam001 | - 9 - | LRB099 02713 RLC 32555 a |
|
| 1 | | (2) one-half shall be remitted to the State to be used | 2 | | for enforcing this
Act.
| 3 | | Any violation of subsection (a) or (a-5) of Section 1 or | 4 | | subsection (b) or (c) of Section 1.5 shall be reported to the | 5 | | Department of Revenue within 7 business days. | 6 | | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)".
|
|