Synopsis As Introduced Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Changes the name of the Act to the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Raises the age for whom tobacco products, electronic cigarettes, and alternative nicotine products may be sold from at least 18 years of age to at least 21 years of age. Eliminates the penalty for possession of a cigar, cigarette, smokeless tobacco, or tobacco in any of its forms by persons under 18 years of age. Defines "electronic cigarette". Repeals the Smokeless Tobacco Limitation Act. Amends various other Acts to make conforming changes.
Senate Floor Amendment No. 1 Makes it a Class A misdemeanor for a person who is under 21 years of age (formerly 18) in the furtherance or facilitation of obtaining any tobacco product to display or use a false or forged identification card or to transfer, alter, or deface an identification card. Makes other technical changes.
Senate Floor Amendment No. 2 Provides that the report to the General Assembly by the Illinois Liquor Control Commission based on a study of the impact of Public Act 95-634 on the business of soliciting, selling, and shipping wine from inside and outside of this State directly to residents of this State. shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. Provides that a person shall not distribute without charge samples of any tobacco product to any other person, regardless of age, except for smokeless tobacco in an adult-only facility (current law prohibits the distribution of free samples of a tobacco product, regardless of age: (1) within a retail establishment selling tobacco products, unless the retailer has verified the purchaser's age with a government issued identification; (2) from a lunch wagon; or (3) on a public way as a promotion or advertisement of a tobacco manufacturer or tobacco product).
Fiscal Note (Dept of Revenue)
This bill will decrease Cigarette Tax receipts by $35 million to $40 million per fiscal year and Sales Tax receipts by $6 million to $8 million. In total, this bill is estimated to decrease receipts by $41 million to $48 million. This fiscal impact is based on a full 12-months of collections under the proposed change.