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Public Act 093-0960


 

Public Act 0960 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0960
 
SB2148 Enrolled LRB093 14558 RLC 40049 b

    AN ACT concerning tobacco.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Prevention of Cigarette Sales to Minors Act.
 
    Section 5. Unlawful shipment or transportation of
cigarettes.
    (a) It is unlawful for any person engaged in the business
of selling cigarettes to ship or cause to be shipped any
cigarettes unless the person shipping the cigarettes:
        (1) is licensed as a distributor under either the
    Cigarette Tax Act, or the Cigarette Use Tax Act; or
    delivers the cigarettes to a distributor licensed under
    either the Cigarette Tax Act or the Cigarette Use Tax Act;
    or
        (2) ships them to an export warehouse proprietor
    pursuant to Chapter 52 of the Internal Revenue Code, or an
    operator of a customs bonded warehouse pursuant to Section
    1311 or 1555 of Title 19 of the United States Code.
    For purposes of this subsection (a), a person is a licensed
distributor if the person's name appears on a list of licensed
distributors published by the Illinois Department of Revenue.
The term cigarette has the same meaning as defined in Section 1
of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax
Act. Nothing in this Act prohibits a person licensed as a
distributor under the Cigarette Tax Act or the Cigarette Use
Tax Act from shipping or causing to be shipped any cigarettes
to a registered retailer under the Retailers' Occupation Tax
Act provided the cigarette tax or cigarette use tax has been
paid.
    (b) A common or contract carrier may transport cigarettes
to any individual person in this State only if the carrier
reasonably believes such cigarettes have been received from a
person described in paragraph (a)(1). Common or contract
carriers may make deliveries of cigarettes to licensed
distributors described in paragraph (a)(1) of this Section.
Nothing in this subsection (b) shall be construed to prohibit a
person other than a common or contract carrier from
transporting not more than 1,000 cigarettes at any one time to
any person in this State.
    (c) A common or contract carrier may not complete the
delivery of any cigarettes to persons other than those
described in paragraph (a)(1) of this Section without first
obtaining from the purchaser an official written
identification from any state or federal agency that displays
the person's date of birth or a birth certificate that includes
a reliable confirmation that the purchaser is at least 18 years
of age; that the cigarettes purchased are not intended for
consumption by an individual who is younger than 18 years of
age; and a written statement signed by the purchaser that
certifies the purchaser's address and that the purchaser is at
least 18 years of age. The statement shall also confirm: (1)
that the purchaser understands that signing another person's
name to the certification is illegal; (2) that the sale of
cigarettes to individuals under 18 years of age is illegal; and
(3) that the purchase of cigarettes by individuals under 18
years of age is illegal under the laws of Illinois.
    (d) When a person engaged in the business of selling
cigarettes ships or causes to be shipped any cigarettes to any
person in this State, other than in the cigarette
manufacturer's or tobacco products manufacturer's original
container or wrapping, the container or wrapping must be
plainly and visibly marked with the word "cigarettes".
    (e) When a peace officer of this State or any duly
authorized officer or employee of the Illinois Department of
Public Health or Department of Revenue discovers any cigarettes
which have been or which are being shipped or transported in
violation of this Section, he or she shall seize and take
possession of the cigarettes, and the cigarettes shall be
subject to a forfeiture action pursuant to the procedures
provided under the Cigarette Tax Act or Cigarette Use Tax Act.
 
    Section 10. Violation.
    (a) A person who violates subsection (a), (b), or (c) of
Section 5 is guilty of a Class A misdemeanor. A second or
subsequent violation of subsection (a), (b), or (c) of Section
5 is a Class 4 felony.
    (b) The Department of Revenue shall impose a civil penalty
not to exceed $5,000 on any person who violates subsection (a),
(b), or (c) of Section 5. The Department of Revenue shall
impose a civil penalty not to exceed $5,000 on any person
engaged in the business of selling cigarettes who ships or
causes to be shipped any such cigarettes to any person in this
State in violation of subsection (d) of Section 5.
    (c) Any person aggrieved by any decision of the Department
of Revenue may, within 60 days after notice of that decision,
protest in writing and request a hearing. The Department of
Revenue shall give notice to the person of the time and place
for the hearing and shall hold a hearing before it issues a
final administrative decision. Absent a written protest within
60 days, the Department's decision shall become final without
any further determination made or notice given.
 
    Section 99. Effective date. This Act takes effect July 1,
2004.

Effective Date: 8/20/2004