Full Text of SB0032 99th General Assembly
SB0032ham001 99TH GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 5/18/2015
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| 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 to | 9 | | persons under 18 years of age prohibited. | 10 | | (a) For the purposes of this Section, "alternative nicotine | 11 | | product" means a product or device not consisting of or | 12 | | containing tobacco that provides for the ingestion into the | 13 | | body of nicotine, whether by chewing, smoking, absorbing, | 14 | | dissolving, inhaling, snorting, sniffing, or by any other | 15 | | means. "Alternative nicotine product" excludes cigarettes, | 16 | | smokeless tobacco, or other tobacco products as these terms are |
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| 1 | | defined in Section 1 of this Act and any product approved by | 2 | | the United States Food and Drug Administration as a non-tobacco | 3 | | product for sale as a tobacco cessation product, as a tobacco | 4 | | dependence product, or for other medical purposes, and is being | 5 | | marketed and sold solely for that approved purpose. | 6 | | (b) A person, either directly or indirectly by an agent or | 7 | | employee, or by a vending machine
owned by the person or | 8 | | located in the person's establishment, may not sell, offer for | 9 | | sale, give,
or furnish any alternative nicotine product, or any | 10 | | cartridge or component of an alternative nicotine product, to a | 11 | | person under 18 years of age. | 12 | | (c) Before selling, offering for sale, giving, or | 13 | | furnishing an alternative nicotine product, or any cartridge
or | 14 | | component of an alternative nicotine product, to another | 15 | | person, the person selling, offering for sale, giving, or | 16 | | furnishing the alternative nicotine product shall verify that | 17 | | the
person is at least 18 years of age by: | 18 | | (1) examining from any person that appears to
be under | 19 | | 27 years of age a government-issued photographic | 20 | | identification that establishes
the person is at least 18 | 21 | | years of age or | 22 | | (2) for sales made though the Internet or other
remote | 23 | | sales methods, performing an age verification through an | 24 | | independent, third-party
age verification service that | 25 | | compares information available from public records to the
| 26 | | personal information entered by the person during the |
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| 1 | | ordering process that establishes
the person is 18 years of | 2 | | age or older.
| 3 | | (d) A person under 18 years of age shall not possess an | 4 | | alternative nicotine product. | 5 | | (Source: P.A. 98-350, eff. 1-1-14.) | 6 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 7 | | (Text of Section after amendment by P.A. 98-1055 ) | 8 | | Sec. 2. Penalties. | 9 | | (a) 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 in a | 12 | | 24-month period, the person shall be fined $200 if his or her | 13 | | employer has a training program that facilitates compliance | 14 | | with minimum-age tobacco laws. For the second offense in a | 15 | | 24-month period, the person shall be fined $400 if his or her | 16 | | employer has a training program that facilitates compliance | 17 | | with minimum-age tobacco laws. For the third offense in a | 18 | | 24-month period, the person shall be fined $600 if his or her | 19 | | employer has a training program that facilitates compliance | 20 | | with minimum-age tobacco laws. For the fourth or subsequent | 21 | | offense in a 24-month period, the person shall be fined $800 if | 22 | | his or her employer has a training program that facilitates | 23 | | compliance with minimum-age tobacco laws. For the purposes of | 24 | | this subsection, the 24-month period shall begin with the | 25 | | person's first violation of the Act. The penalties in this |
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| 1 | | subsection are in addition to any other penalties prescribed | 2 | | under the Cigarette Tax Act and the Tobacco Products Tax Act of | 3 | | 1995. | 4 | | (a-5) Any retailer person who violates subsection (a) or | 5 | | (a-5) of Section 1 or subsection (b) or (c) of Section 1.5 of | 6 | | this Act is guilty of a petty offense. For the first offense, | 7 | | the retailer shall be fined $200 if it does not have a training | 8 | | program that facilitates compliance with minimum-age tobacco | 9 | | laws. For the second offense, the retailer shall be fined $400 | 10 | | if it does not have a training program that facilitates | 11 | | compliance with minimum-age tobacco laws. For the third | 12 | | offense, the retailer shall be fined $600 if it does not have a | 13 | | training program that facilitates compliance with minimum-age | 14 | | tobacco laws. For the fourth or subsequent offense in a | 15 | | 24-month period, the retailer shall be fined $800 if it does | 16 | | not have a training program that facilitates compliance with | 17 | | minimum-age tobacco laws. For the purposes of this subsection, | 18 | | the 24-month period shall begin with the person's first | 19 | | violation of the Act. The penalties in this subsection are in | 20 | | addition to any other penalties prescribed under the Cigarette | 21 | | Tax Act and the Tobacco Products Tax Act of 1995. | 22 | | (a-6) For the purpose of this Act, a training program that | 23 | | facilitates compliance with minimum-age tobacco laws must | 24 | | include at least the following elements: (i) it must explain | 25 | | that only individuals displaying valid identification | 26 | | demonstrating that they are 18 years of age or older shall be |
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| 1 | | eligible to purchase cigarettes or tobacco products; (ii) it | 2 | | must explain where a clerk can check identification for a date | 3 | | of birth; and (iii) it must explain the penalties that a clerk | 4 | | and retailer are subject to for violations of the Prevention of | 5 | | Tobacco Use by Minors and Sale and Distribution of Tobacco | 6 | | Products Act.
| 7 | | (b) If a minor violates subsection (a-7) of Section 1 or | 8 | | subsection (d) of Section 1.5 he or she is guilty of a petty | 9 | | offense and the court may
impose a sentence of 25 hours of
| 10 | | community
service and a fine of $50 for a first violation. If a | 11 | | minor violates subsection (a-6) of Section 1, he or she is | 12 | | guilty of a Class A misdemeanor.
| 13 | | (c) A second violation by a minor of subsection (a-7) of | 14 | | Section 1 or subsection (d) of Section 1.5 that occurs
within | 15 | | 12 months after the first violation is punishable by a fine of | 16 | | $75 and 50
hours of community service.
| 17 | | (d) A third or subsequent violation by a minor of | 18 | | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 | 19 | | that
occurs within 12 months after the first violation is | 20 | | punishable by a $200
fine
and 50 hours of community service.
| 21 | | (e) Any second or subsequent violation not within the | 22 | | 12-month time period
after
the first violation is punishable as | 23 | | provided for a first violation.
| 24 | | (f) If a minor is convicted of or placed on supervision for | 25 | | a violation of
subsection (a-6) or (a-7) of Section 1 or | 26 | | subsection (d) of Section 1.5 , the court may, in its |
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| 1 | | discretion, and upon
recommendation by the State's Attorney, | 2 | | order that minor and his or her parents
or legal
guardian to | 3 | | attend a smoker's education or youth diversion program if that
| 4 | | program is available in the jurisdiction where the offender | 5 | | resides.
Attendance at a smoker's education or youth diversion | 6 | | program
shall be time-credited against any community service | 7 | | time imposed for any
first violation of subsection (a-7) of | 8 | | Section 1. In addition to any other
penalty
that the court may | 9 | | impose for a violation of subsection (a-7) of Section 1 or | 10 | | subsection (d) of Section 1.5 , the
court, upon request by the | 11 | | State's Attorney, may in its discretion
require
the offender to | 12 | | remit a fee for his or her attendance at a smoker's
education | 13 | | or
youth diversion program.
| 14 | | (g) For purposes of this Section, "smoker's education
| 15 | | program"
or
"youth diversion program" includes, but is not | 16 | | limited to, a seminar designed
to educate a person on the | 17 | | physical and psychological effects of smoking
tobacco products | 18 | | and alternative nicotine products and the health consequences | 19 | | of smoking tobacco products
and alternative nicotine products | 20 | | that can be conducted with a locality's youth diversion | 21 | | program.
| 22 | | (h) All moneys collected as fines for violations of | 23 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
and | 24 | | subsection (b), (c), or (d) of Section 1.5 shall be distributed | 25 | | in the following manner:
| 26 | | (1) one-half of each fine shall be distributed to the |
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| 1 | | unit of local
government or other entity that successfully | 2 | | prosecuted the offender;
and
| 3 | | (2) one-half shall be remitted to the State to be used | 4 | | for enforcing this
Act.
| 5 | | Any violation of subsection (a) or (a-5) of Section 1 or | 6 | | subsection (b) or (c) of Section 1.5 shall be reported to the | 7 | | Department of Revenue within 7 business days. | 8 | | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)".
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