Full Text of HB0778 102nd General Assembly
HB0778 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0778 Introduced 2/10/2021, by Rep. Tim Butler SYNOPSIS AS INTRODUCED: |
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720 ILCS 675/1 | from Ch. 23, par. 2357 |
720 ILCS 675/2 | from Ch. 23, par. 2358 |
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Amends the Prevention of Tobacco Use by
Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that a person under 21 years of age may not possess any tobacco product, electronic cigarette, or alternative nicotine product. Provides that a violation is a Class A misdemeanor.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Prevention of Tobacco Use by
Persons under | 5 | | 21 Years of Age and Sale and Distribution of Tobacco Products | 6 | | Act is amended by changing Sections 1 and 2 as follows:
| 7 | | (720 ILCS 675/1) (from Ch. 23, par. 2357)
| 8 | | Sec. 1. Prohibition on sale of tobacco products, | 9 | | electronic cigarettes, and alternative nicotine products to | 10 | | persons under 21 years of age; prohibition on the distribution | 11 | | of tobacco product samples, electronic cigarette samples, and | 12 | | alternative nicotine product samples to any person; use of | 13 | | identification cards; vending machines; lunch
wagons; | 14 | | out-of-package sales.
| 15 | | (a) No person under 21 years of age shall buy any tobacco | 16 | | product, electronic cigarette, or alternative nicotine | 17 | | product. No person shall sell, buy
for, distribute samples of | 18 | | or furnish any tobacco product, electronic cigarette, or any | 19 | | alternative nicotine product to any person under 21 years of | 20 | | age. | 21 | | (a-5) No person under 16 years of
age may sell any tobacco | 22 | | product, electronic cigarette, or alternative nicotine product | 23 | | at a retail
establishment selling tobacco products, electronic
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| 1 | | cigarettes, or alternative nicotine products. This subsection | 2 | | does not apply
to a sales clerk in a family-owned business | 3 | | which can prove that the sales
clerk
is in fact a son or | 4 | | daughter of the owner.
| 5 | | (a-5.1) Before selling, offering for sale, giving, or
| 6 | | furnishing a tobacco product, electronic cigarette, or | 7 | | alternative nicotine product to
another person, the person | 8 | | selling, offering for sale, giving,
or furnishing the tobacco | 9 | | product, electronic cigarette, or alternative nicotine product | 10 | | shall
verify that the person is at least 21 years of age by: | 11 | | (1) examining from any person that appears to be under
| 12 | | 30 years of age a government-issued photographic
| 13 | | identification that establishes the person to be 21 years
| 14 | | of age or older; or | 15 | | (2) for sales of tobacco products, electronic | 16 | | cigarettes, or alternative nicotine products made through | 17 | | the
Internet or other remote sales methods, performing an | 18 | | age
verification through an independent, third party age
| 19 | | verification service that compares information available
| 20 | | from public records to the personal information entered by
| 21 | | the person during the ordering process that establishes | 22 | | the
person is 21 years of age or older. | 23 | | (a-6) No person under 21 years of age in the furtherance or | 24 | | facilitation of obtaining any tobacco product,
electronic | 25 | | cigarette, or alternative nicotine product shall display or | 26 | | use a false or forged identification card or transfer, alter, |
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| 1 | | or deface an identification card.
| 2 | | (a-7) (Blank). | 3 | | (a-7.5) A person under 21 years of age may not possess any | 4 | | tobacco product, electronic cigarette, or alternative nicotine | 5 | | product. | 6 | | (a-8) A person shall not distribute without charge samples | 7 | | of any tobacco product to any other person, regardless of age, | 8 | | except for smokeless tobacco in an adult-only facility. | 9 | | This subsection (a-8) does not apply to the distribution | 10 | | of a tobacco product, electronic cigarette, or alternative | 11 | | nicotine product sample in any adult-only facility. | 12 | | (a-9) For the purpose of this Section: | 13 | | "Adult-only facility" means a facility or restricted | 14 | | area (whether open-air or enclosed) where the operator | 15 | | ensures or has a reasonable basis to believe (such as by | 16 | | checking identification as required under State law, or by | 17 | | checking the identification of any person appearing to be | 18 | | under the age of 30) that no person under legal age is | 19 | | present. A facility or restricted area need not be | 20 | | permanently restricted to persons under 21 years of age to | 21 | | constitute an adult-only facility, provided that the | 22 | | operator ensures or has a reasonable basis to believe that | 23 | | no person under 21 years of age is present during the event | 24 | | or time period in question. | 25 | | "Alternative nicotine product" means a product or | 26 | | device not consisting of or containing tobacco that |
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| 1 | | provides for the ingestion into the body of nicotine, | 2 | | whether by chewing, smoking, absorbing, dissolving, | 3 | | inhaling, snorting, sniffing, or by any other means. | 4 | | "Alternative nicotine product" does not include: | 5 | | cigarettes as defined in Section 1 of the Cigarette Tax | 6 | | Act and tobacco products as defined in Section 10-5 of the | 7 | | Tobacco Products Tax Act of 1995; tobacco product and | 8 | | electronic cigarette as defined in this Section; or any | 9 | | product approved by the United States Food and Drug | 10 | | Administration for sale as a tobacco cessation product, as | 11 | | a tobacco dependence product, or for other medical | 12 | | purposes, and is being marketed and sold solely for that | 13 | | approved purpose. | 14 | | "Electronic cigarette" means: | 15 | | (1) any device that employs a battery or other
| 16 | | mechanism to heat a solution or substance to produce a
| 17 | | vapor or aerosol intended for inhalation; | 18 | | (2) any cartridge or container of a solution or
| 19 | | substance intended to be used with or in the device or | 20 | | to
refill the device; or | 21 | | (3) any solution or substance, whether or not it
| 22 | | contains nicotine intended for use in the device.
| 23 | | "Electronic cigarette" includes, but is not limited | 24 | | to, any
electronic nicotine delivery system, electronic | 25 | | cigar,
electronic cigarillo, electronic pipe, electronic | 26 | | hookah,
vape pen, or similar product or device, and any |
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| 1 | | components
or parts that can be used to build the product | 2 | | or device.
"Electronic cigarette" does not include: | 3 | | cigarettes as defined in
Section 1 of the Cigarette Tax | 4 | | Act and tobacco products as
defined in Section 10-5 of the | 5 | | Tobacco Products Tax Act of
1995; tobacco product and | 6 | | alternative nicotine product as defined in this Section; | 7 | | any product approved by the United States Food and Drug | 8 | | Administration for sale as a tobacco cessation product, as | 9 | | a tobacco dependence product, or for other medical | 10 | | purposes, and is being marketed and sold solely for that | 11 | | approved purpose; any asthma
inhaler prescribed by a | 12 | | physician for that condition and is being marketed and | 13 | | sold solely for that approved purpose; or any therapeutic | 14 | | product approved for use under the Compassionate Use of | 15 | | Medical Cannabis
Pilot Program Act. | 16 | | "Lunch wagon" means a mobile vehicle
designed and | 17 | | constructed to transport food and from which food is sold | 18 | | to the
general public. | 19 | | "Nicotine" means any form of the chemical nicotine, | 20 | | including any salt or complex, regardless of whether the | 21 | | chemical is naturally or synthetically derived.
| 22 | | "Tobacco product" means any product containing or made
| 23 | | from tobacco that is intended for human consumption,
| 24 | | whether smoked, heated, chewed, absorbed, dissolved,
| 25 | | inhaled, snorted, sniffed, or ingested by any other means,
| 26 | | including, but not limited to, cigarettes, cigars, little
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| 1 | | cigars, chewing tobacco, pipe tobacco, snuff, snus, and | 2 | | any other smokeless tobacco product which contains tobacco | 3 | | that is finely cut, ground, powdered, or leaf and intended | 4 | | to be placed in the oral cavity.
"Tobacco product" | 5 | | includes any component, part, or
accessory of a tobacco | 6 | | product, whether or not sold
separately. "Tobacco product" | 7 | | does not include: an electronic cigarette and alternative | 8 | | nicotine product as defined in this Section; or any | 9 | | product
that has been approved by the United States Food | 10 | | and Drug
Administration for sale as a tobacco cessation | 11 | | product, as a tobacco dependence product, or
for other | 12 | | medical purposes, and is being marketed and sold solely | 13 | | for that approved purpose. | 14 | | (b) Tobacco products, electronic cigarettes, and | 15 | | alternative nicotine products may be sold through a vending | 16 | | machine
only if such tobacco products, electronic cigarettes, | 17 | | and alternative nicotine products are not placed together with | 18 | | any non-tobacco product, other than matches, in the vending | 19 | | machine and the vending machine is in
any of the following | 20 | | locations:
| 21 | | (1) (Blank).
| 22 | | (2) Places to which persons under 21 years of age are | 23 | | not permitted access at any time.
| 24 | | (3) Places where alcoholic beverages are sold and | 25 | | consumed on the
premises and vending machine operation is | 26 | | under the direct supervision of the owner or manager.
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| 1 | | (4) (Blank).
| 2 | | (5) (Blank).
| 3 | | (c) (Blank).
| 4 | | (d) The sale or distribution by any person of a tobacco | 5 | | product as defined in this Section, including but not limited | 6 | | to a single or loose cigarette, that is not contained within a | 7 | | sealed container, pack, or package as provided by the | 8 | | manufacturer, which container, pack, or package bears the | 9 | | health warning required by federal law, is prohibited.
| 10 | | (e) It is not a violation of this Act for a person under 21 | 11 | | years of age to purchase a tobacco product, electronic | 12 | | cigarette, or alternative nicotine product if the person under | 13 | | the age of 21 purchases or is given the tobacco product, | 14 | | electronic cigarette, or alternative nicotine product in any | 15 | | of its forms from a retail seller of tobacco products, | 16 | | electronic cigarettes, or alternative nicotine products or an | 17 | | employee of the retail seller pursuant to a plan or action to | 18 | | investigate, patrol, or otherwise conduct a "sting operation" | 19 | | or enforcement action against a retail seller of tobacco | 20 | | products, electronic cigarettes, or alternative nicotine | 21 | | products or a person employed by the retail seller of tobacco | 22 | | products, electronic cigarettes, or alternative nicotine | 23 | | products or on any premises authorized to sell tobacco | 24 | | products, electronic cigarettes, or alternative nicotine | 25 | | products to determine if tobacco products, electronic | 26 | | cigarettes, or alternative nicotine products are being sold or |
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| 1 | | given to persons under 21 years of age if the "sting operation" | 2 | | or enforcement action is approved by, conducted by, or | 3 | | conducted on behalf of the Department of State Police, the | 4 | | county sheriff, a municipal police department, the Department | 5 | | of Revenue, the Department of Public Health, or a local health | 6 | | department. The results of any sting operation or enforcement | 7 | | action, including the name of the clerk, shall be provided to | 8 | | the retail seller within 7 business days. | 9 | | (Source: P.A. 101-2, eff. 7-1-19 .)
| 10 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 11 | | Sec. 2. Penalties. | 12 | | (a) Any person who violates subsection (a), (a-5),
| 13 | | (a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty | 14 | | of a petty offense. For the first offense in a 24-month period, | 15 | | the person shall be fined $200 if his or her employer has a | 16 | | training program that facilitates compliance with minimum-age | 17 | | tobacco laws. For the second offense in a 24-month period, the | 18 | | person shall be fined $400 if his or her employer has a | 19 | | training program that facilitates compliance with minimum-age | 20 | | tobacco laws. For the third offense in a 24-month period, the | 21 | | person shall be fined $600 if his or her employer has a | 22 | | training program that facilitates compliance with minimum-age | 23 | | tobacco laws. For the fourth or subsequent offense in a | 24 | | 24-month period, the person shall be fined $800 if his or her | 25 | | employer has a training program that facilitates compliance |
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| 1 | | with minimum-age tobacco laws. For the purposes of this | 2 | | subsection, the 24-month period shall begin with the person's | 3 | | first violation of the Act. The penalties in this subsection | 4 | | are in addition to any other penalties prescribed under the | 5 | | Cigarette Tax Act and the Tobacco Products Tax Act of 1995. | 6 | | (a-1) Any person under 21 years of age who violates | 7 | | subsection (a-7.5) of Section 1 is guilty of a Class A | 8 | | misdemeanor. | 9 | | (a-5) Any retailer who violates subsection (a), (a-5), | 10 | | (a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty | 11 | | of a petty offense. For the first offense in a 24-month period, | 12 | | the 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 in a 24-month period, the | 15 | | retailer shall be fined $400 if it does not have a training | 16 | | program that facilitates compliance with minimum-age tobacco | 17 | | laws. For the third offense within a 24-month period, the | 18 | | retailer shall be fined $600 if it does not have a training | 19 | | program that facilitates compliance with minimum-age tobacco | 20 | | laws. For the fourth or subsequent offense in a 24-month | 21 | | period, the retailer shall be fined $800 if it does not have a | 22 | | training program that facilitates compliance with minimum-age | 23 | | tobacco laws. For the purposes of this subsection, the | 24 | | 24-month period shall begin with the person's first violation | 25 | | of the Act. The penalties in this subsection are in addition to | 26 | | any other penalties prescribed under the Cigarette Tax Act and |
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| 1 | | the Tobacco Products Tax Act of 1995. | 2 | | (a-6) For the purpose of this Act, a training program that | 3 | | facilitates compliance with minimum-age tobacco laws must | 4 | | include at least the following elements: (i) it must explain | 5 | | that only individuals displaying valid identification | 6 | | demonstrating that they are 21 years of age or older shall be | 7 | | eligible to purchase tobacco products, electronic cigarettes, | 8 | | or alternative nicotine products and (ii) it must explain | 9 | | where a clerk can check identification for a date of birth. The | 10 | | training may be conducted electronically. Each retailer that | 11 | | has a training program shall require each employee who | 12 | | completes the training program to sign a form attesting that | 13 | | the employee has received and completed tobacco training. The | 14 | | form shall be kept in the employee's file and may be used to | 15 | | provide proof of training.
| 16 | | (b) (Blank). I If a person under 21 years of age violates | 17 | | subsection (a-6) of Section 1, he or she is guilty of a Class A | 18 | | misdemeanor.
| 19 | | (c) (Blank).
| 20 | | (d) (Blank).
| 21 | | (e) (Blank).
| 22 | | (f) (Blank).
| 23 | | (g) (Blank).
| 24 | | (h) All moneys collected as fines for violations of | 25 | | subsection (a), (a-5), (a-5.1), (a-6), (a-7.5), (a-8), (b), or
| 26 | | (d) or (a-7) of
Section 1
shall be distributed in the following |
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| 1 | | manner:
| 2 | | (1) one-half of each fine shall be distributed to the | 3 | | unit of local
government or other entity that successfully | 4 | | prosecuted the offender;
and
| 5 | | (2) one-half shall be remitted to the State to be used | 6 | | for enforcing this
Act.
| 7 | | Any violation of subsection (a) or (a-5) of Section 1 | 8 | | shall be reported to the Department of Revenue within 7 | 9 | | business days. | 10 | | (Source: P.A. 100-201, eff. 8-18-17; 101-2, eff. 7-1-19; | 11 | | revised 4-29-19.)
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