91st General Assembly
Summary of HB0087
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House Sponsors:
HOLBROOK-FOWLER-SCOTT-O'BRIEN-SILVA, DELGADO, 
   HAMOS AND DAVIS,STEVE.

Short description: 
TOBACCO-POSSESSION-MINORS                                                  

Synopsis of Bill as introduced:
        Amends the Sale of Tobacco to  Minors  Act.   Changes  the  short      
   title  to  the  Prevention  of  Tobacco  Use by Minors Act.  Prohibits      
   minors from possessing or smoking tobacco (now only the buying by  and      
   the  sale  and  distribution  to  minors  of  tobacco  is prohibited).      
   Provides that the court  may  impose  for  possession  or  smoking  of      
   tobacco  products  by  a minor up to 25 hours of community service for      
   the first offense, up to 25 hours of community service and a fine  not      
   to  exceed  $25 for the second offense in a 12-month period, and up to      
   30 hours of community service and a fine not to  exceed  $50  for  the      
   third or subsequent offense in a 12-month period. Permits the court to      
   sentence  a  minor  who  is  convicted of or placed on supervision for      
   possessing tobacco products to attend  a  smoker's  education  program      
   with  the  offender's consent if such a program is available where the      
   minor resides. Exempts from violations the possession  or  smoking  of      
   tobacco  products  by  minors  who  are members of the Armed Forces or      
   Reserve Forces  and  those  who  participate  in  an  experimental  or      
   research  program  that  is  conducted by an accredited institution of      
   higher education to study the effects of tobacco products on minors.        
          FISCAL NOTE (Administrative Office of the Illinois Courts)           
          Workload of the Circuit Courts and Probation and Court Services      
          Departments may increase.                                            
          FISCAL NOTE (Dept. of Public Health)                                 
          HB87 does not directly impact any program administered by DPH.       
          CORRECTIONAL NOTE (Dept. of Corrections)                             
          HB87 will have no fiscal or prison population impact on DOC.         
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          720 ILCS 675/Act title                                               
          720 ILCS 675/0.01                                                    
          720 ILCS 675/1                                                       
          720 ILCS 675/2                                                       
          Adds reference to:                                                   
          New Act                                                              
          35 ILCS 130/4                   from Ch. 120, par. 453.4             
          35 ILCS 135/4                   from Ch. 120, par. 453.34            
          235 ILCS 5/3-12                 from Ch. 43, par. 108                
          720 ILCS 675/Act rep.                                                
          720 ILCS 680/Act rep.                                                
        Deletes everything.   Creates  the  Illinois  Underage  Purchase,      
   Possession, and  Sales Prevention Act of 1999.  Provides penalties for      
   the distribution of tobacco  to  a  person  under  18  years  of  age.      
   Prohibits  a  person  under  18  years from acquiring or attempting to      
   acquire tobacco.  Provides certain training  requirements  for  retail      
   clerks  who  sell  tobacco.   Provides that no person may sell tobacco      
   through a vending machine unless certain guidelines concerning who may      
   have access to the machine are met.  Prohibits  the  sale  of  tobacco      
   other  than  in  sealed  packages.  Requires that tobacco retailers be      
   licensed.  Provides that the Act  shall  be  enforced  by  the  Liquor      
   Control  Commission. Provides various penalties for various violations      
   of the Act.  Provides that a second or  subsequent  violation  of  the      
   prohibition  against  selling  tobacco products at retail is a Class B      
   misdemeanor.  Preempts home  rule.   Amends  the  Cigarette  Tax  Act.      
   Provides  that  part  of the fee for a distributor's license under the      
   Act shall be used to assist the Liquor Control Commission in enforcing      
   the Illinois Underage Purchase, Possession, and Sales  Prevention  Act      
   of  1999.   Amends the Cigarette Use Tax Act.  Provides that a portion      
   of the fee for a distributor's license under the Act shall be used  to      
   assist  the  Liquor  Control  Commission  in  enforcing  the  Illinois      
   Underage  Purchase,  Possession,  and  Sales  Prevention  Act of 1999.      
   Amends the Liquor Control Act of 1934.  Removes  obsolete  provisions.      
   Provides  that  the Liquor Control Commission shall be responsible for      
   issuing licenses to engage in the retail  sale  of  tobacco  products.      
   Repeals  the  Sale  of Tobacco to Minors Act and the Smokeless Tobacco      
   Limitation Act.  Effective immediately.                                     
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


   END OF INQUIRY 
                                                                               



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