Full Text of HB4989 103rd General Assembly
HB4989 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4989 Introduced 2/8/2024, by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: | | 720 ILCS 675/1 | from Ch. 23, par. 2357 | 720 ILCS 675/2 | from Ch. 23, par. 2358 |
| 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 petty offense. Provides that for the first offense in a 24-month period, the person shall be fined $200; for the second offense in a 24-month period, the person shall be fined $400; for the third offense in a 24-month period, the person shall be fined $600; and for the fourth or subsequent offense in a 24-month period, the person shall be fined $800. Provides that for the purposes of this provision, the 24-month period shall begin with the person's first violation of the Act. Provides for distribution of the fines for violations. |
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| | 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 shall sell, buy for, distribute samples of | 16 | | or furnish any tobacco product, electronic cigarette, or | 17 | | alternative nicotine product to any person under 21 years of | 18 | | age. | 19 | | (a-5) No person under 16 years of age may sell any tobacco | 20 | | product, electronic cigarette, or alternative nicotine product | 21 | | at a retail establishment selling tobacco products, electronic | 22 | | cigarettes, or alternative nicotine products. This subsection | 23 | | does not apply to a sales clerk in a family-owned business |
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| 1 | | which can prove that the sales clerk is in fact a son or | 2 | | daughter of the owner. | 3 | | (a-5.1) Before selling, offering for sale, giving, or | 4 | | furnishing a tobacco product, electronic cigarette, or | 5 | | alternative nicotine product to another person, the person | 6 | | selling, offering for sale, giving, or furnishing the tobacco | 7 | | product, electronic cigarette, or alternative nicotine product | 8 | | shall verify that the person is at least 21 years of age by: | 9 | | (1) examining from any person that appears to be under | 10 | | 30 years of age a government-issued photographic | 11 | | identification that establishes the person to be 21 years | 12 | | of age or older; or | 13 | | (2) for sales of tobacco products, electronic | 14 | | cigarettes, or alternative nicotine products made through | 15 | | the Internet or other remote sales methods, performing an | 16 | | age verification through an independent, third party age | 17 | | verification service that compares information available | 18 | | from public records to the personal information entered by | 19 | | the person during the ordering process that establishes | 20 | | the person is 21 years of age or older. | 21 | | (a-6) No person under 21 years of age in the furtherance or | 22 | | facilitation of obtaining any tobacco product, electronic | 23 | | cigarette, or alternative nicotine product shall display or | 24 | | use a false or forged identification card or transfer, alter, | 25 | | or deface an identification card. | 26 | | (a-7) (Blank). |
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| 1 | | (a-7.5) A person under 21 years of age may not possess any | 2 | | tobacco product, electronic cigarette, or alternative nicotine | 3 | | product. | 4 | | (a-8) A person shall not distribute without charge samples | 5 | | of any tobacco product, alternative nicotine product, or | 6 | | electronic cigarette to any other person, regardless of age, | 7 | | except for smokeless tobacco in an adult-only facility. | 8 | | This subsection (a-8) does not apply to the distribution | 9 | | of a tobacco product, electronic cigarette, or alternative | 10 | | nicotine product sample in any adult-only facility. | 11 | | (a-9) For the purpose of this Section: | 12 | | "Adult-only facility" means a facility or restricted | 13 | | area (whether open-air or enclosed) where the operator | 14 | | ensures or has a reasonable basis to believe (such as by | 15 | | checking identification as required under State law, or by | 16 | | checking the identification of any person appearing to be | 17 | | under the age of 30) that no person under legal age is | 18 | | present. A facility or restricted area need not be | 19 | | permanently restricted to persons under 21 years of age to | 20 | | constitute an adult-only facility, provided that the | 21 | | operator ensures or has a reasonable basis to believe that | 22 | | no person under 21 years of age is present during the event | 23 | | or time period in question. | 24 | | "Alternative nicotine product" means a product or | 25 | | device not consisting of or containing tobacco that | 26 | | provides for the ingestion into the body of nicotine, |
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| 1 | | whether by chewing, smoking, absorbing, dissolving, | 2 | | inhaling, snorting, sniffing, or by any other means. | 3 | | "Alternative nicotine product" does not include: | 4 | | cigarettes as defined in Section 1 of the Cigarette Tax | 5 | | Act and tobacco products as defined in Section 10-5 of the | 6 | | Tobacco Products Tax Act of 1995; tobacco product and | 7 | | electronic cigarette as defined in this Section; or any | 8 | | product approved by the United States Food and Drug | 9 | | Administration for sale as a tobacco cessation product, as | 10 | | a tobacco dependence product, or for other medical | 11 | | purposes, and is being marketed and sold solely for that | 12 | | approved purpose. | 13 | | "Electronic cigarette" means: | 14 | | (1) any device that employs a battery or other | 15 | | mechanism to heat a solution or substance to produce a | 16 | | vapor or aerosol intended for inhalation; | 17 | | (2) any cartridge or container of a solution or | 18 | | substance intended to be used with or in the device or | 19 | | to refill the device; or | 20 | | (3) any solution or substance, whether or not it | 21 | | contains nicotine intended for use in the device. | 22 | | "Electronic cigarette" includes, but is not limited | 23 | | to, any electronic nicotine delivery system, electronic | 24 | | cigar, electronic cigarillo, electronic pipe, electronic | 25 | | hookah, vape pen, or similar product or device, any | 26 | | components or parts that can be used to build the product |
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| 1 | | or device, and any component, part, or accessory of a | 2 | | device used during the operation of the device, even if | 3 | | the part or accessory was sold separately. "Electronic | 4 | | cigarette" does not include: cigarettes as defined in | 5 | | Section 1 of the Cigarette Tax Act; 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; any device that | 14 | | meets the definition of cannabis paraphernalia under | 15 | | Section 1-10 of the Cannabis Regulation and Tax Act; or | 16 | | any cannabis product sold by a dispensing organization | 17 | | pursuant to the Cannabis Regulation and Tax Act or the | 18 | | Compassionate Use of Medical Cannabis Program Act. | 19 | | "Lunch wagon" means a mobile vehicle designed and | 20 | | constructed to transport food and from which food is sold | 21 | | to the general public. | 22 | | "Nicotine" means any form of the chemical nicotine, | 23 | | including any salt or complex, regardless of whether the | 24 | | chemical is naturally or synthetically derived. | 25 | | "Tobacco product" means any product containing or made | 26 | | from tobacco that is intended for human consumption, |
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| 1 | | whether smoked, heated, chewed, absorbed, dissolved, | 2 | | inhaled, snorted, sniffed, or ingested by any other means, | 3 | | including, but not limited to, cigarettes, cigars, little | 4 | | cigars, chewing tobacco, pipe tobacco, snuff, snus, and | 5 | | any other smokeless tobacco product which contains tobacco | 6 | | that is finely cut, ground, powdered, or leaf and intended | 7 | | to be placed in the oral cavity. "Tobacco product" | 8 | | includes any component, part, or accessory of a tobacco | 9 | | product, whether or not sold separately. "Tobacco product" | 10 | | does not include: an alternative nicotine product as | 11 | | defined in this Section; or any product that has been | 12 | | approved by the United States Food and Drug Administration | 13 | | for sale as a tobacco cessation product, as a tobacco | 14 | | dependence product, or for other medical purposes, and is | 15 | | being marketed and sold solely for that approved purpose. | 16 | | (b) Tobacco products, electronic cigarettes, and | 17 | | alternative nicotine products may be sold through a vending | 18 | | machine only if such tobacco products, electronic cigarettes, | 19 | | and alternative nicotine products are not placed together with | 20 | | any non-tobacco product, other than matches, in the vending | 21 | | machine and the vending machine is in any of the following | 22 | | locations: | 23 | | (1) (Blank). | 24 | | (2) Places to which persons under 21 years of age are | 25 | | not permitted access at any time. | 26 | | (3) Places where alcoholic beverages are sold and |
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| 1 | | consumed on the premises and vending machine operation is | 2 | | under the direct supervision of the owner or manager. | 3 | | (4) (Blank). | 4 | | (5) (Blank). | 5 | | (c) (Blank). | 6 | | (d) The sale or distribution by any person of a tobacco | 7 | | product as defined in this Section, including, but not limited | 8 | | to, a single or loose cigarette, that is not contained within a | 9 | | sealed container, pack, or package as provided by the | 10 | | manufacturer, which container, pack, or package bears the | 11 | | health warning required by federal law, is prohibited. | 12 | | (e) It is not a violation of this Act for a person under 21 | 13 | | years of age to purchase a tobacco product, electronic | 14 | | cigarette, or alternative nicotine product if the person under | 15 | | the age of 21 purchases or is given the tobacco product, | 16 | | electronic cigarette, or alternative nicotine product in any | 17 | | of its forms from a retail seller of tobacco products, | 18 | | electronic cigarettes, or alternative nicotine products or an | 19 | | employee of the retail seller pursuant to a plan or action to | 20 | | investigate, patrol, or otherwise conduct a "sting operation" | 21 | | or enforcement action against a retail seller of tobacco | 22 | | products, electronic cigarettes, or alternative nicotine | 23 | | products or a person employed by the retail seller of tobacco | 24 | | products, electronic cigarettes, or alternative nicotine | 25 | | products or on any premises authorized to sell tobacco | 26 | | products, electronic cigarettes, or alternative nicotine |
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| 1 | | products to determine if tobacco products, electronic | 2 | | cigarettes, or alternative nicotine products are being sold or | 3 | | given to persons under 21 years of age if the "sting operation" | 4 | | or enforcement action is approved by, conducted by, or | 5 | | conducted on behalf of the Illinois State Police, the county | 6 | | sheriff, a municipal police department, the Department of | 7 | | Revenue, the Department of Public Health, or a local health | 8 | | department. The results of any sting operation or enforcement | 9 | | action, including the name of the clerk, shall be provided to | 10 | | the retail seller within 7 business days. | 11 | | (f) No person shall honor or accept any discount, coupon, | 12 | | or other benefit or reduction in price that is inconsistent | 13 | | with 21 CFR 1140, subsequent United States Food and Drug | 14 | | Administration industry guidance, or any rules adopted under | 15 | | 21 CFR 1140. | 16 | | (g) Any peace officer or duly authorized member of the | 17 | | Illinois State Police, a county sheriff's department, a | 18 | | municipal police department, the Department of Revenue, the | 19 | | Department of Public Health, a local health department, or the | 20 | | Department of Human Services, upon discovering a violation of | 21 | | subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this | 22 | | Section or a violation of the Preventing Youth Vaping Act, may | 23 | | seize any tobacco products, alternative nicotine products, or | 24 | | electronic cigarettes of the specific type involved in that | 25 | | violation that are located at that place of business. The | 26 | | tobacco products, alternative nicotine products, or electronic |
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| 1 | | cigarettes so seized are subject to confiscation and | 2 | | forfeiture. | 3 | | (h) If, within 60 days after any seizure under subsection | 4 | | (g), a person having any property interest in the seized | 5 | | property is charged with an offense under this Section or a | 6 | | violation of the Preventing Youth Vaping Act, the court that | 7 | | renders judgment upon the charge shall, within 30 days after | 8 | | the judgment, conduct a forfeiture hearing to determine | 9 | | whether the seized tobacco products or electronic cigarettes | 10 | | were part of the inventory located at the place of business | 11 | | when a violation of subsection (a), (a-5), (a-5.1), (a-8), | 12 | | (b), or (d) of this Section or a violation of the Preventing | 13 | | Youth Vaping Act occurred and whether any seized tobacco | 14 | | products or electronic cigarettes were of a type involved in | 15 | | that violation. The hearing shall be commenced by a written | 16 | | petition by the State, which shall include material | 17 | | allegations of fact, the name and address of every person | 18 | | determined by the State to have any property interest in the | 19 | | seized property, a representation that written notice of the | 20 | | date, time, and place of the hearing has been mailed to every | 21 | | such person by certified mail at least 10 days before the date, | 22 | | and a request for forfeiture. Every such person may appear as a | 23 | | party and present evidence at the hearing. The quantum of | 24 | | proof required shall be a preponderance of the evidence, and | 25 | | the burden of proof shall be on the State. If the court | 26 | | determines that the seized property was subject to forfeiture, |
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| 1 | | an order of forfeiture and disposition of the seized property | 2 | | shall be entered and the property shall be received by the | 3 | | prosecuting office, who shall effect its destruction. | 4 | | (i) If a seizure under subsection (g) is not followed by a | 5 | | charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or | 6 | | (d) of this Section or under the Preventing Youth Vaping Act, | 7 | | or if the prosecution of the charge is permanently terminated | 8 | | or indefinitely discontinued without any judgment of | 9 | | conviction or acquittal: | 10 | | (1) the prosecuting office may commence in the circuit | 11 | | court an in rem proceeding for the forfeiture and | 12 | | destruction of any seized tobacco products or electronic | 13 | | cigarettes; and | 14 | | (2) any person having any property interest in the | 15 | | seized tobacco products or electronic cigarettes may | 16 | | commence separate civil proceedings in the manner provided | 17 | | by law. | 18 | | (j) After the Department of Revenue has seized any tobacco | 19 | | product, nicotine product, or electronic cigarette as provided | 20 | | in subsection (g) and a person having any property interest in | 21 | | the seized property has not been charged with an offense under | 22 | | this Section or a violation of the Preventing Youth Vaping | 23 | | Act, the Department of Revenue must hold a hearing and | 24 | | determine whether the seized tobacco products, alternative | 25 | | nicotine products, or electronic cigarettes were part of the | 26 | | inventory located at the place of business when a violation of |
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| 1 | | subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this | 2 | | Section or a violation of the Preventing Youth Vaping Act | 3 | | occurred and whether any seized tobacco product, alternative | 4 | | nicotine product, or electronic cigarette was of a type | 5 | | involved in that violation. The Department of Revenue shall | 6 | | give not less than 20 days' notice of the time and place of the | 7 | | hearing to the owner of the property, if the owner is known, | 8 | | and also to the person in whose possession the property was | 9 | | found if that person is known and if the person in possession | 10 | | is not the owner of the property. If neither the owner nor the | 11 | | person in possession of the property is known, the Department | 12 | | of Revenue must cause publication of the time and place of the | 13 | | hearing to be made at least once each week for 3 weeks | 14 | | successively in a newspaper of general circulation in the | 15 | | county where the hearing is to be held. | 16 | | If, as the result of the hearing, the Department of | 17 | | Revenue determines that the tobacco products, alternative | 18 | | nicotine products, or the electronic cigarettes were part of | 19 | | the inventory located at the place of business when a | 20 | | violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or | 21 | | (d) of this Section or a violation of the Preventing Youth | 22 | | Vaping Act at the time of seizure, the Department of Revenue | 23 | | must enter an order declaring the tobacco product, alternative | 24 | | nicotine product, or electronic cigarette confiscated and | 25 | | forfeited to the State, to be held by the Department of Revenue | 26 | | for disposal by it as provided in Section 10-58 of the Tobacco |
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| 1 | | Products Tax Act of 1995. The Department of Revenue must give | 2 | | notice of the order to the owner of the property, if the owner | 3 | | is known, and also to the person in whose possession the | 4 | | property was found if that person is known and if the person in | 5 | | possession is not the owner of the property. If neither the | 6 | | owner nor the person in possession of the property is known, | 7 | | the Department of Revenue must cause publication of the order | 8 | | to be made at least once each week for 3 weeks successively in | 9 | | a newspaper of general circulation in the county where the | 10 | | hearing was held. | 11 | | (Source: P.A. 101-2, eff. 7-1-19; 102-538, eff. 8-20-21; | 12 | | 102-575, eff. 1-1-22; 102-813, eff. 5-13-22.) | 13 | | (720 ILCS 675/2) (from Ch. 23, par. 2358) | 14 | | Sec. 2. Penalties. | 15 | | (a) Any person who violates subsection (a), (a-5), | 16 | | (a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty | 17 | | of a petty offense. For the first offense in a 24-month period, | 18 | | the person shall be fined $200 if his or her employer has a | 19 | | training program that facilitates compliance with minimum-age | 20 | | tobacco laws. For the second offense in a 24-month period, the | 21 | | person shall be fined $400 if his or her employer has a | 22 | | training program that facilitates compliance with minimum-age | 23 | | tobacco laws. For the third offense in a 24-month period, the | 24 | | person shall be fined $600 if his or her employer has a | 25 | | training program that facilitates compliance with minimum-age |
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| 1 | | tobacco laws. For the fourth or subsequent offense in a | 2 | | 24-month period, the person shall be fined $800 if his or her | 3 | | employer has a training program that facilitates compliance | 4 | | with minimum-age tobacco laws. For the purposes of this | 5 | | subsection, the 24-month period shall begin with the person's | 6 | | first violation of the Act. The penalties in this subsection | 7 | | are in addition to any other penalties prescribed under the | 8 | | Cigarette Tax Act and the Tobacco Products Tax Act of 1995. | 9 | | (a-1) Any person who violates subsection (a-7.5) of | 10 | | Section 1 is guilty of a petty offense. For the first offense | 11 | | in a 24-month period, the person shall be fined $200. For the | 12 | | second offense in a 24-month period, the person shall be fined | 13 | | $400. For the third offense in a 24-month period, the person | 14 | | shall be fined $600. For the fourth or subsequent offense in a | 15 | | 24-month period, the person shall be fined $800. For the | 16 | | purposes of this subsection, the 24-month period shall begin | 17 | | with the person's first violation of the Act. | 18 | | (a-5) Any retailer who violates subsection (a), (a-5), | 19 | | (a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty | 20 | | of a petty offense. For the first offense in a 24-month period, | 21 | | the retailer shall be fined $200 if it does not have a training | 22 | | program that facilitates compliance with minimum-age tobacco | 23 | | laws. For the second offense in a 24-month period, the | 24 | | retailer shall be fined $400 if it does not have a training | 25 | | program that facilitates compliance with minimum-age tobacco | 26 | | laws. For the third offense within a 24-month period, the |
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| 1 | | retailer shall be fined $600 if it does not have a training | 2 | | program that facilitates compliance with minimum-age tobacco | 3 | | laws. For the fourth or subsequent offense in a 24-month | 4 | | period, the retailer shall be fined $800 if it does not have a | 5 | | training program that facilitates compliance with minimum-age | 6 | | tobacco laws. For the purposes of this subsection, the | 7 | | 24-month period shall begin with the person's first violation | 8 | | of the Act. The penalties in this subsection are in addition to | 9 | | any other penalties prescribed under the Cigarette Tax Act and | 10 | | the Tobacco Products Tax Act of 1995. | 11 | | (a-6) For the purpose of this Act, a training program that | 12 | | facilitates compliance with minimum-age tobacco laws must | 13 | | include at least the following elements: (i) it must explain | 14 | | that only individuals displaying valid identification | 15 | | demonstrating that they are 21 years of age or older shall be | 16 | | eligible to purchase tobacco products, electronic cigarettes, | 17 | | or alternative nicotine products and (ii) it must explain | 18 | | where a clerk can check identification for a date of birth. The | 19 | | training may be conducted electronically. Each retailer that | 20 | | has a training program shall require each employee who | 21 | | completes the training program to sign a form attesting that | 22 | | the employee has received and completed tobacco training. The | 23 | | form shall be kept in the employee's file and may be used to | 24 | | provide proof of training. | 25 | | (b) If a person under 21 years of age violates subsection | 26 | | (a-6) of Section 1, he or she is guilty of a Class A |
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| 1 | | misdemeanor. | 2 | | (c) (Blank). | 3 | | (d) (Blank). | 4 | | (e) (Blank). | 5 | | (f) (Blank). | 6 | | (g) (Blank). | 7 | | (h) All moneys collected as fines for violations of | 8 | | subsection (a), (a-5), (a-5.1), (a-6), (a-7.5), (a-8), (b), or | 9 | | (d) of Section 1 shall be distributed in the following manner: | 10 | | (1) one-half of each fine shall be distributed to the | 11 | | unit of local government or other entity that successfully | 12 | | prosecuted the offender; and | 13 | | (2) one-half shall be remitted to the State to be used | 14 | | for enforcing this Act. | 15 | | Any violation of subsection (a) or (a-5) of Section 1 | 16 | | shall be reported to the Department of Revenue within 7 | 17 | | business days. | 18 | | (Source: P.A. 101-2, eff. 7-1-19; 102-558, eff. 8-20-21.) |
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