Illinois General Assembly - Full Text of SB0512
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0512  102nd General Assembly

SB0512ham001 102ND GENERAL ASSEMBLY

Rep. Bob Morgan

Filed: 5/12/2021

 

 


 

 


 
10200SB0512ham001LRB102 14603 CPF 26242 a

1
AMENDMENT TO SENATE BILL 512

2    AMENDMENT NO. ______. Amend Senate Bill 512 on page 4, by
3deleting lines 2 through 12; and
 
4on page 4, by replacing lines 14 through 23 with the following:
5    "(a) The Department of Revenue may adopt rules that are
6reasonable, necessary, and related to the administration and
7enforcement of this Act.
8    (b) The Department of Revenue, the Department of Public
9Health, a local public health department, the Department of
10Human Services, the Illinois State Police, a county sheriff,
11and a municipal police department may inspect any business
12that sells, manufactures, transports, or distributes
13electronic cigarettes in the State to ensure compliance with
14this Act."; and
 
15on page 7, by replacing lines 3 and 4 with the following:
16"September 9, 2020 shall not be deemed to be adulterated under

 

 

10200SB0512ham001- 2 -LRB102 14603 CPF 26242 a

1subparagraph (C) of paragraph (4) of this subsection."; and
 
2on page 7, immediately, below line 7, by inserting the
3following:
4    "(c) Any violation of this Act shall be reported to the
5Department of Revenue within 7 business days."; and
 
6on page 10, by replacing lines 12 through 17 with the
7following:
8    "(a) No person under 21 years of age shall buy any tobacco
9product, electronic cigarette, or alternative nicotine
10product. No person shall sell, buy for, distribute samples of
11or furnish any tobacco product, electronic cigarette, or any
12alternative nicotine product to any person under 21 years of
13age."; and
 
14on page 11, line 25, after "tobacco product", by inserting ",
15alternative nicotine product, or electronic cigarette"; and
 
16by replacing line 13 on page 17 through line 10 on page 19 with
17the following:
18    "(g) Any peace officer or duly authorized member of the
19Illinois State Police, a county sheriff's department, a
20municipal police department, the Department of Revenue, the
21Department of Public Health, a local health department, or the
22Department of Human Services, upon discovering a violation of

 

 

10200SB0512ham001- 3 -LRB102 14603 CPF 26242 a

1subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this
2Section or a violation of the Preventing Youth Vaping Act, may
3seize any tobacco products, alternative nicotine products, or
4electronic cigarettes of the specific type involved in that
5violation that are located at that place of business. The
6tobacco products, alternative nicotine products, or electronic
7cigarettes so seized are subject to confiscation and
8forfeiture.
9    (h) After seizing any tobacco products, alternative
10nicotine products, or electronic cigarettes as provided in
11subsection (g), the Illinois Department of Revenue must hold a
12hearing and determine whether the seized tobacco products,
13alternative nicotine products, or electronic cigarettes were
14part of the inventory located at the place of business when a
15violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or
16(d) of this Section or a violation of the Preventing Youth
17Vaping Act occurred and whether any seized tobacco products,
18alternative nicotine products, or electronic cigarettes were
19of a type involved in that violation. The Illinois Department
20of Revenue shall give not less than 20 days' notice of the time
21and place of the hearing to the owner of the property, if the
22owner is known, and also to the person in whose possession the
23property was found if that person is known and if the person in
24possession is not the owner of the property. If neither the
25owner nor the person in possession of the property is known,
26the Illinois Department of Revenue must cause publication of

 

 

10200SB0512ham001- 4 -LRB102 14603 CPF 26242 a

1the time and place of the hearing to be made at least once each
2week for 3 weeks successively in a newspaper of general
3circulation in the county where the hearing is to be held.
4    If, as the result of the hearing, the Illinois Department
5of Revenue determines that the tobacco products, alternative
6nicotine products, or the electronic cigarettes were part of
7the inventory located at the place of business when a
8violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or
9(d) of this Section or a violation of the Preventing Youth
10Vaping Act at the time of seizure, the Illinois Department of
11Revenue must enter an order declaring the tobacco products,
12alternative nicotine products, or electronic cigarettes
13confiscated and forfeited to the State, to be held by the
14Illinois Department of Revenue for disposal by it as provided
15in Section 10-58 of the Tobacco Products Tax Act of 1995. The
16Illinois Department of Revenue must give notice of the order
17to the owner of the property, if the owner is known, and also
18to the person in whose possession the property was found if
19that person is known and if the person in possession is not the
20owner of the property. If neither the owner nor the person in
21possession of the property is known, the Illinois Department
22of Revenue must cause publication of the order to be made at
23least once each week for 3 weeks successively in a newspaper of
24general circulation in the county where the hearing was
25held."; and
 

 

 

10200SB0512ham001- 5 -LRB102 14603 CPF 26242 a

1on page 35, by deleting lines 2 and 3.