Public Act 0576 102ND GENERAL ASSEMBLY

SB0555 Enrolled LRB102 14504 KTG 19857 b

Public Act 102-0576

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Substance Use Disorder Act is amended by adding Section 55-36 as follows:

(20 ILCS 301/55-36 new)

Sec. 55-36. Compliance checks; tobacco retailers.

(a) Definitions. As used in this Section:

"Alternative nicotine product" has the meaning ascribed to that term in Section 1 of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act.

"E-cigarette" has the meaning ascribed to the term "electronic cigarette" in Section 10-5 of the Tobacco Products Tax Act of 1995.

"Retailer" has the meaning ascribed to that term in Section 10-5 of the Tobacco Products Tax Act of 1995.

(b) As a means to reduce the consumption of tobacco products, alternative nicotine products, and e-cigarettes by persons under 21 years of age, the Department may conduct compliance checks of retailers to investigate whether such retailers are selling tobacco products, alternative nicotine products, or e-cigarettes to persons under 21 years of age in violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Compliance checks may be conducted by underage individuals under the supervision of local law enforcement and the Illinois State Police. The Illinois State Police shall communicate with local police departments and sheriffs' departments to ensure coordination and collaboration and to ensure its efforts do not duplicate any local compliance check activities. Underage individuals who purchase tobacco products, alternative nicotine products, or e-cigarettes while conducting supervised compliance checks shall not be in violation of any local or State laws pertaining to underage tobacco purchase or possession.

Effective Date: 1/1/2022