SB2148 Enrolled LRB093 14558 RLC 40049 b

1     AN ACT concerning tobacco.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Prevention of Cigarette Sales to Minors Act.
 
6     Section 5. Unlawful shipment or transportation of
7 cigarettes.
8     (a) It is unlawful for any person engaged in the business
9 of selling cigarettes to ship or cause to be shipped any
10 cigarettes unless the person shipping the cigarettes:
11         (1) is licensed as a distributor under either the
12     Cigarette Tax Act, or the Cigarette Use Tax Act; or
13     delivers the cigarettes to a distributor licensed under
14     either the Cigarette Tax Act or the Cigarette Use Tax Act;
15     or
16         (2) ships them to an export warehouse proprietor
17     pursuant to Chapter 52 of the Internal Revenue Code, or an
18     operator of a customs bonded warehouse pursuant to Section
19     1311 or 1555 of Title 19 of the United States Code.
20     For purposes of this subsection (a), a person is a licensed
21 distributor if the person's name appears on a list of licensed
22 distributors published by the Illinois Department of Revenue.
23 The term cigarette has the same meaning as defined in Section 1
24 of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax
25 Act. Nothing in this Act prohibits a person licensed as a
26 distributor under the Cigarette Tax Act or the Cigarette Use
27 Tax Act from shipping or causing to be shipped any cigarettes
28 to a registered retailer under the Retailers' Occupation Tax
29 Act provided the cigarette tax or cigarette use tax has been
30 paid.
31     (b) A common or contract carrier may transport cigarettes
32 to any individual person in this State only if the carrier

 

 

SB2148 Enrolled - 2 - LRB093 14558 RLC 40049 b

1 reasonably believes such cigarettes have been received from a
2 person described in paragraph (a)(1). Common or contract
3 carriers may make deliveries of cigarettes to licensed
4 distributors described in paragraph (a)(1) of this Section.
5 Nothing in this subsection (b) shall be construed to prohibit a
6 person other than a common or contract carrier from
7 transporting not more than 1,000 cigarettes at any one time to
8 any person in this State.
9     (c) A common or contract carrier may not complete the
10 delivery of any cigarettes to persons other than those
11 described in paragraph (a)(1) of this Section without first
12 obtaining from the purchaser an official written
13 identification from any state or federal agency that displays
14 the person's date of birth or a birth certificate that includes
15 a reliable confirmation that the purchaser is at least 18 years
16 of age; that the cigarettes purchased are not intended for
17 consumption by an individual who is younger than 18 years of
18 age; and a written statement signed by the purchaser that
19 certifies the purchaser's address and that the purchaser is at
20 least 18 years of age. The statement shall also confirm: (1)
21 that the purchaser understands that signing another person's
22 name to the certification is illegal; (2) that the sale of
23 cigarettes to individuals under 18 years of age is illegal; and
24 (3) that the purchase of cigarettes by individuals under 18
25 years of age is illegal under the laws of Illinois.
26     (d) When a person engaged in the business of selling
27 cigarettes ships or causes to be shipped any cigarettes to any
28 person in this State, other than in the cigarette
29 manufacturer's or tobacco products manufacturer's original
30 container or wrapping, the container or wrapping must be
31 plainly and visibly marked with the word "cigarettes".
32     (e) When a peace officer of this State or any duly
33 authorized officer or employee of the Illinois Department of
34 Public Health or Department of Revenue discovers any cigarettes
35 which have been or which are being shipped or transported in
36 violation of this Section, he or she shall seize and take

 

 

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1 possession of the cigarettes, and the cigarettes shall be
2 subject to a forfeiture action pursuant to the procedures
3 provided under the Cigarette Tax Act or Cigarette Use Tax Act.
 
4     Section 10. Violation.
5     (a) A person who violates subsection (a), (b), or (c) of
6 Section 5 is guilty of a Class A misdemeanor. A second or
7 subsequent violation of subsection (a), (b), or (c) of Section
8 5 is a Class 4 felony.
9     (b) The Department of Revenue shall impose a civil penalty
10 not to exceed $5,000 on any person who violates subsection (a),
11 (b), or (c) of Section 5. The Department of Revenue shall
12 impose a civil penalty not to exceed $5,000 on any person
13 engaged in the business of selling cigarettes who ships or
14 causes to be shipped any such cigarettes to any person in this
15 State in violation of subsection (d) of Section 5.
16     (c) Any person aggrieved by any decision of the Department
17 of Revenue may, within 60 days after notice of that decision,
18 protest in writing and request a hearing. The Department of
19 Revenue shall give notice to the person of the time and place
20 for the hearing and shall hold a hearing before it issues a
21 final administrative decision. Absent a written protest within
22 60 days, the Department's decision shall become final without
23 any further determination made or notice given.
 
24     Section 99. Effective date. This Act takes effect July 1,
25 2004.