Full Text of SB3098 103rd General Assembly
SB3098enr 103RD GENERAL ASSEMBLY | | | SB3098 Enrolled | | LRB103 37194 CES 67313 b |
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| 1 | | AN ACT concerning criminal law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Prevention of Tobacco Use by Persons under | 5 | | 21 Years of Age and Sale and Distribution of Tobacco Products | 6 | | Act is amended by changing Sections 1 and 2 as follows: | 7 | | (720 ILCS 675/1) (from Ch. 23, par. 2357) | 8 | | Sec. 1. Prohibition on sale of tobacco products, | 9 | | electronic cigarettes, and alternative nicotine products to | 10 | | persons under 21 years of age; prohibition on the distribution | 11 | | of tobacco product samples, electronic cigarette samples, and | 12 | | alternative nicotine product samples to any person; use of | 13 | | identification cards; vending machines; lunch wagons; | 14 | | out-of-package sales. | 15 | | (a) No person shall sell, buy for, distribute samples of | 16 | | or furnish any tobacco product, electronic cigarette, or | 17 | | alternative nicotine product to any person under 21 years of | 18 | | age. | 19 | | (a-5) No person under 16 years of age may sell any tobacco | 20 | | product, electronic cigarette, or alternative nicotine product | 21 | | at a retail establishment selling tobacco products, electronic | 22 | | cigarettes, or alternative nicotine products. This subsection | 23 | | does not apply to a sales clerk in a family-owned business |
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| 1 | | which can prove that the sales clerk is in fact a son or | 2 | | daughter of the owner. | 3 | | (a-5.1) Before selling, offering for sale, giving, or | 4 | | furnishing a tobacco product, electronic cigarette, or | 5 | | alternative nicotine product to another person, the person | 6 | | selling, offering for sale, giving, or furnishing the tobacco | 7 | | product, electronic cigarette, or alternative nicotine product | 8 | | shall verify that the person is at least 21 years of age by: | 9 | | (1) examining from any person that appears to be under | 10 | | 30 years of age a government-issued photographic | 11 | | identification that establishes the person to be 21 years | 12 | | of age or older; or | 13 | | (2) for sales of tobacco products, electronic | 14 | | cigarettes, or alternative nicotine products made through | 15 | | the Internet or other remote sales methods, performing an | 16 | | age verification through an independent, third party age | 17 | | verification service that compares information available | 18 | | from public records to the personal information entered by | 19 | | the person during the ordering process that establishes | 20 | | the person is 21 years of age or older. | 21 | | (a-5.2) No person shall cause electronic cigarettes | 22 | | ordered or purchased by mail, through the Internet, or other | 23 | | remote sale methods, to be shipped to anyone under 21 years of | 24 | | age in the State other than (i) a distributor, as defined in | 25 | | Section 1 of the Cigarette Tax Act, Section 1 of the Cigarette | 26 | | Use Tax Act, Section 10-5 of the Tobacco Products Tax Act of |
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| 1 | | 1995, and Section 5 of the Preventing Youth Vaping Act, or (ii) | 2 | | a retailer, as defined in Section 1 of the Cigarette Tax Act, | 3 | | Section 10-5 of the Tobacco Products Tax Act of 1995, and | 4 | | Section 5 of the Preventing Youth Vaping Act. | 5 | | (a-6) No person under 21 years of age in the furtherance or | 6 | | facilitation of obtaining any tobacco product, electronic | 7 | | cigarette, or alternative nicotine product shall display or | 8 | | use a false or forged identification card or transfer, alter, | 9 | | or deface an identification card. | 10 | | (a-7) (Blank). | 11 | | (a-8) A person shall not distribute without charge samples | 12 | | of any tobacco product, alternative nicotine product, or | 13 | | electronic cigarette to any other person, regardless of age, | 14 | | except for smokeless tobacco in an adult-only facility. | 15 | | This subsection (a-8) does not apply to the distribution | 16 | | of a tobacco product, electronic cigarette, or alternative | 17 | | nicotine product sample in any adult-only facility. | 18 | | (a-9) For the purpose of this Section: | 19 | | "Adult-only facility" means a facility or restricted | 20 | | area (whether open-air or enclosed) where the operator | 21 | | ensures or has a reasonable basis to believe (such as by | 22 | | checking identification as required under State law, or by | 23 | | checking the identification of any person appearing to be | 24 | | under the age of 30) that no person under legal age is | 25 | | present. A facility or restricted area need not be | 26 | | permanently restricted to persons under 21 years of age to |
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| 1 | | constitute an adult-only facility, provided that the | 2 | | operator ensures or has a reasonable basis to believe that | 3 | | no person under 21 years of age is present during the event | 4 | | or time period in question. | 5 | | "Alternative nicotine product" means a product or | 6 | | device not consisting of or containing tobacco that | 7 | | provides for the ingestion into the body of nicotine, | 8 | | whether by chewing, smoking, absorbing, dissolving, | 9 | | inhaling, snorting, sniffing, or by any other means. | 10 | | "Alternative nicotine product" does not include: | 11 | | cigarettes as defined in Section 1 of the Cigarette Tax | 12 | | Act and tobacco products as defined in Section 10-5 of the | 13 | | Tobacco Products Tax Act of 1995; tobacco product and | 14 | | electronic cigarette as defined in this Section; or any | 15 | | product approved by the United States Food and Drug | 16 | | Administration for sale as a tobacco cessation product, as | 17 | | a tobacco dependence product, or for other medical | 18 | | purposes, and is being marketed and sold solely for that | 19 | | approved purpose. | 20 | | "Electronic cigarette" means: | 21 | | (1) any device that employs a battery or other | 22 | | mechanism to heat a solution or substance to produce a | 23 | | vapor or aerosol intended for inhalation; | 24 | | (2) any cartridge or container of a solution or | 25 | | substance intended to be used with or in the device or | 26 | | to refill the device; or |
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| 1 | | (3) any solution or substance, whether or not it | 2 | | contains nicotine intended for use in the device. | 3 | | "Electronic cigarette" includes, but is not limited | 4 | | to, any electronic nicotine delivery system, electronic | 5 | | cigar, electronic cigarillo, electronic pipe, electronic | 6 | | hookah, vape pen, or similar product or device, any | 7 | | components or parts that can be used to build the product | 8 | | or device, and any component, part, or accessory of a | 9 | | device used during the operation of the device, even if | 10 | | the part or accessory was sold separately. "Electronic | 11 | | cigarette" does not include: cigarettes as defined in | 12 | | Section 1 of the Cigarette Tax Act; tobacco product and | 13 | | alternative nicotine product as defined in this Section; | 14 | | any product approved by the United States Food and Drug | 15 | | Administration for sale as a tobacco cessation product, as | 16 | | a tobacco dependence product, or for other medical | 17 | | purposes, and is being marketed and sold solely for that | 18 | | approved purpose; any asthma inhaler prescribed by a | 19 | | physician for that condition and is being marketed and | 20 | | sold solely for that approved purpose; any device that | 21 | | meets the definition of cannabis paraphernalia under | 22 | | Section 1-10 of the Cannabis Regulation and Tax Act; or | 23 | | any cannabis product sold by a dispensing organization | 24 | | pursuant to the Cannabis Regulation and Tax Act or the | 25 | | Compassionate Use of Medical Cannabis Program Act. | 26 | | "Lunch wagon" means a mobile vehicle designed and |
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| 1 | | constructed to transport food and from which food is sold | 2 | | to the general public. | 3 | | "Nicotine" means any form of the chemical nicotine, | 4 | | including any salt or complex, regardless of whether the | 5 | | chemical is naturally or synthetically derived. | 6 | | "Tobacco product" means any product containing or made | 7 | | from tobacco that is intended for human consumption, | 8 | | whether smoked, heated, chewed, absorbed, dissolved, | 9 | | inhaled, snorted, sniffed, or ingested by any other means, | 10 | | including, but not limited to, cigarettes, cigars, little | 11 | | cigars, chewing tobacco, pipe tobacco, snuff, snus, and | 12 | | any other smokeless tobacco product which contains tobacco | 13 | | that is finely cut, ground, powdered, or leaf and intended | 14 | | to be placed in the oral cavity. "Tobacco product" | 15 | | includes any component, part, or accessory of a tobacco | 16 | | product, whether or not sold separately. "Tobacco product" | 17 | | does not include: an alternative nicotine product as | 18 | | defined in this Section; or any product that has been | 19 | | approved by the United States Food and Drug Administration | 20 | | for sale as a tobacco cessation product, as a tobacco | 21 | | dependence product, or for other medical purposes, and is | 22 | | being marketed and sold solely for that approved purpose. | 23 | | (b) Tobacco products, electronic cigarettes, and | 24 | | alternative nicotine products may be sold through a vending | 25 | | machine only if such tobacco products, electronic cigarettes, | 26 | | and alternative nicotine products are not placed together with |
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| 1 | | any non-tobacco product, other than matches, in the vending | 2 | | machine and the vending machine is in any of the following | 3 | | locations: | 4 | | (1) (Blank). | 5 | | (2) Places to which persons under 21 years of age are | 6 | | not permitted access at any time. | 7 | | (3) Places where alcoholic beverages are sold and | 8 | | consumed on the premises and vending machine operation is | 9 | | under the direct supervision of the owner or manager. | 10 | | (4) (Blank). | 11 | | (5) (Blank). | 12 | | (c) (Blank). | 13 | | (d) The sale or distribution by any person of a tobacco | 14 | | product as defined in this Section, including, but not limited | 15 | | to, a single or loose cigarette, that is not contained within a | 16 | | sealed container, pack, or package as provided by the | 17 | | manufacturer, which container, pack, or package bears the | 18 | | health warning required by federal law, is prohibited. | 19 | | (e) It is not a violation of this Act for a person under 21 | 20 | | years of age to purchase a tobacco product, electronic | 21 | | cigarette, or alternative nicotine product if the person under | 22 | | the age of 21 purchases or is given the tobacco product, | 23 | | electronic cigarette, or alternative nicotine product in any | 24 | | of its forms from a retail seller of tobacco products, | 25 | | electronic cigarettes, or alternative nicotine products or an | 26 | | employee of the retail seller pursuant to a plan or action to |
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| 1 | | investigate, patrol, or otherwise conduct a "sting operation" | 2 | | or enforcement action against a retail seller of tobacco | 3 | | products, electronic cigarettes, or alternative nicotine | 4 | | products or a person employed by the retail seller of tobacco | 5 | | products, electronic cigarettes, or alternative nicotine | 6 | | products or on any premises authorized to sell tobacco | 7 | | products, electronic cigarettes, or alternative nicotine | 8 | | products to determine if tobacco products, electronic | 9 | | cigarettes, or alternative nicotine products are being sold or | 10 | | given to persons under 21 years of age if the "sting operation" | 11 | | or enforcement action is approved by, conducted by, or | 12 | | conducted on behalf of the Illinois State Police, the county | 13 | | sheriff, a municipal police department, the Department of | 14 | | Revenue, the Department of Public Health, or a local health | 15 | | department. The results of any sting operation or enforcement | 16 | | action, including the name of the clerk, shall be provided to | 17 | | the retail seller within 7 business days. | 18 | | (f) No person shall honor or accept any discount, coupon, | 19 | | or other benefit or reduction in price that is inconsistent | 20 | | with 21 CFR 1140, subsequent United States Food and Drug | 21 | | Administration industry guidance, or any rules adopted under | 22 | | 21 CFR 1140. | 23 | | (g) Any peace officer or duly authorized member of the | 24 | | Illinois State Police, a county sheriff's department, a | 25 | | municipal police department, the Department of Revenue, the | 26 | | Department of Public Health, a local health department, or the |
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| 1 | | Department of Human Services, upon discovering a violation of | 2 | | subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this | 3 | | Section or a violation of the Preventing Youth Vaping Act, may | 4 | | seize any tobacco products, alternative nicotine products, or | 5 | | electronic cigarettes of the specific type involved in that | 6 | | violation that are located at that place of business. The | 7 | | tobacco products, alternative nicotine products, or electronic | 8 | | cigarettes so seized are subject to confiscation and | 9 | | forfeiture. | 10 | | (h) If, within 60 days after any seizure under subsection | 11 | | (g), a person having any property interest in the seized | 12 | | property is charged with an offense under this Section or a | 13 | | violation of the Preventing Youth Vaping Act, the court that | 14 | | renders judgment upon the | | | charge shall, within 30 days after | 15 | | the judgment, conduct a forfeiture hearing to determine | 16 | | whether the seized tobacco products or electronic cigarettes | 17 | | were part of the inventory located at the place of business | 18 | | when a violation of subsection (a), (a-5), (a-5.1), (a-8), | 19 | | (b), or (d) of this Section or a violation of the Preventing | 20 | | Youth Vaping Act occurred and whether any seized tobacco | 21 | | products or electronic cigarettes were of a type involved in | 22 | | that violation. The hearing shall be commenced by a written | 23 | | petition by the State, which shall include material | 24 | | allegations of fact, the name and address of every person | 25 | | determined by the State to have any property interest in the | 26 | | seized property, a representation that written notice of the |
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| 1 | | date, time, and place of the hearing has been mailed to every | 2 | | such person by certified mail at least 10 days before the date, | 3 | | and a request for forfeiture. Every such person may appear as a | 4 | | party and present evidence at the hearing. The quantum of | 5 | | proof required shall be a preponderance of the evidence, and | 6 | | the burden of proof shall be on the State. If the court | 7 | | determines that the seized property was subject to forfeiture, | 8 | | an order of forfeiture and disposition of the seized property | 9 | | shall be entered and the property shall be received by the | 10 | | prosecuting office, who shall effect its destruction. | 11 | | (i) If a seizure under subsection (g) is not followed by a | 12 | | charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or | 13 | | (d) of this Section or under the Preventing Youth Vaping Act, | 14 | | or if the prosecution of the charge is permanently terminated | 15 | | or indefinitely discontinued without any judgment of | 16 | | conviction or acquittal: | 17 | | (1) the prosecuting office may commence in the circuit | 18 | | court an in rem proceeding for the forfeiture and | 19 | | destruction of any seized tobacco products or electronic | 20 | | cigarettes; and | 21 | | (2) any person having any property interest in the | 22 | | seized tobacco products or electronic cigarettes may | 23 | | commence separate civil proceedings in the manner provided | 24 | | by law. | 25 | | (j) After the Department of Revenue has seized any tobacco | 26 | | product, nicotine product, or electronic cigarette as provided |
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| 1 | | in subsection (g) and a person having any property interest in | 2 | | the seized property has not been charged with an offense under | 3 | | this Section or a violation of the Preventing Youth Vaping | 4 | | Act, the Department of Revenue must hold a hearing and | 5 | | determine whether the seized tobacco products, alternative | 6 | | nicotine products, or electronic cigarettes were part of the | 7 | | inventory located at the place of business when a violation of | 8 | | subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this | 9 | | Section or a violation of the Preventing Youth Vaping Act | 10 | | occurred and whether any seized tobacco product, alternative | 11 | | nicotine product, or electronic cigarette was of a type | 12 | | involved in that violation. The Department of Revenue shall | 13 | | give not less than 20 days' notice of the time and place of the | 14 | | hearing to the owner of the property, if the owner is known, | 15 | | and also to the person in whose possession the property was | 16 | | found if that person is known and if the person in possession | 17 | | is not the owner of the property. If neither the owner nor the | 18 | | person in possession of the property is known, the Department | 19 | | of Revenue must cause publication of the time and place of the | 20 | | hearing to be made at least once each week for 3 weeks | 21 | | successively in a newspaper of general circulation in the | 22 | | county where the hearing is to be held. | 23 | | If, as the result of the hearing, the Department of | 24 | | Revenue determines that the tobacco products, alternative | 25 | | nicotine products, or the electronic cigarettes were part of | 26 | | the inventory located at the place of business when a |
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| 1 | | violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or | 2 | | (d) of this Section or a violation of the Preventing Youth | 3 | | Vaping Act at the time of seizure, the Department of Revenue | 4 | | must enter an order declaring the tobacco product, alternative | 5 | | nicotine product, or electronic cigarette confiscated and | 6 | | forfeited to the State, to be held by the Department of Revenue | 7 | | for disposal by it as provided in Section 10-58 of the Tobacco | 8 | | Products Tax Act of 1995. The Department of Revenue must give | 9 | | notice of the order to the owner of the property, if the owner | 10 | | is known, and also to the person in whose possession the | 11 | | property was found if that person is known and if the person in | 12 | | possession is not the owner of the property. If neither the | 13 | | owner nor the person in possession of the property is known, | 14 | | the Department of Revenue must cause publication of the order | 15 | | to be made at least once each week for 3 weeks successively in | 16 | | a newspaper of general circulation in the county where the | 17 | | hearing was held. | 18 | | (Source: P.A. 101-2, eff. 7-1-19; 102-538, eff. 8-20-21; | 19 | | 102-575, eff. 1-1-22; 102-813, eff. 5-13-22.) | 20 | | (720 ILCS 675/2) (from Ch. 23, par. 2358) | 21 | | Sec. 2. Penalties. | 22 | | (a) Any person who violates subsection (a), (a-5), | 23 | | (a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act | 24 | | is guilty of a petty offense. For the first offense in a | 25 | | 24-month period, the person shall be fined $200 if his or her |
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| 1 | | employer has a training program that facilitates compliance | 2 | | with minimum-age tobacco laws. For the second offense in a | 3 | | 24-month period, the person shall be fined $400 if his or her | 4 | | employer has a training program that facilitates compliance | 5 | | with minimum-age tobacco laws. For the third offense in a | 6 | | 24-month period, the person shall be fined $600 if his or her | 7 | | employer has a training program that facilitates compliance | 8 | | with minimum-age tobacco laws. For the fourth or subsequent | 9 | | offense in a 24-month period, the person shall be fined $800 if | 10 | | his or her employer has a training program that facilitates | 11 | | compliance with minimum-age tobacco laws. For the purposes of | 12 | | this subsection, the 24-month period shall begin with the | 13 | | person's first violation of the Act. The penalties in this | 14 | | subsection are in addition to any other penalties prescribed | 15 | | under the Cigarette Tax Act and the Tobacco Products Tax Act of | 16 | | 1995. | 17 | | (a-5) Any retailer who violates subsection (a), (a-5), | 18 | | (a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act | 19 | | is guilty of a petty offense. For the first offense in a | 20 | | 24-month period, the retailer shall be fined $200 if it does | 21 | | not have a training program that facilitates compliance with | 22 | | minimum-age tobacco laws. For the second offense in a 24-month | 23 | | period, the retailer shall be fined $400 if it does not have a | 24 | | training program that facilitates compliance with minimum-age | 25 | | tobacco laws. For the third offense within a 24-month period, | 26 | | the retailer shall be fined $600 if it does not have a training |
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| 1 | | program that facilitates compliance with minimum-age tobacco | 2 | | laws. For the fourth or subsequent offense in a 24-month | 3 | | period, the retailer shall be fined $800 if it does not have a | 4 | | training program that facilitates compliance with minimum-age | 5 | | tobacco laws. For the purposes of this subsection, the | 6 | | 24-month period shall begin with the person's first violation | 7 | | of the Act. The penalties in this subsection are in addition to | 8 | | any other penalties prescribed under the Cigarette Tax Act and | 9 | | the Tobacco Products Tax Act of 1995. | 10 | | (a-6) For the purpose of this Act, a training program that | 11 | | facilitates compliance with minimum-age tobacco laws must | 12 | | include at least the following elements: (i) it must explain | 13 | | that only individuals displaying valid identification | 14 | | demonstrating that they are 21 years of age or older shall be | 15 | | eligible to purchase tobacco products, electronic cigarettes, | 16 | | or alternative nicotine products and (ii) it must explain | 17 | | where a clerk can check identification for a date of birth. The | 18 | | training may be conducted electronically. Each retailer that | 19 | | has a training program shall require each employee who | 20 | | completes the training program to sign a form attesting that | 21 | | the employee has received and completed tobacco training. The | 22 | | form shall be kept in the employee's file and may be used to | 23 | | provide proof of training. | 24 | | (b) If a person under 21 years of age violates subsection | 25 | | (a-6) of Section 1, he or she is guilty of a Class A | 26 | | misdemeanor. |
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| 1 | | (c) (Blank). | 2 | | (d) (Blank). | 3 | | (e) (Blank). | 4 | | (f) (Blank). | 5 | | (g) (Blank). | 6 | | (h) All moneys collected as fines for violations of | 7 | | subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) of | 8 | | Section 1 shall be distributed in the following manner: | 9 | | (1) one-half of each fine shall be distributed to the | 10 | | unit of local government or other entity that successfully | 11 | | prosecuted the offender; and | 12 | | (2) one-half shall be remitted to the State to be used | 13 | | for enforcing this Act. | 14 | | Any violation of subsection (a) or (a-5) of Section 1 | 15 | | shall be reported to the Department of Revenue within 7 | 16 | | business days. | 17 | | (Source: P.A. 101-2, eff. 7-1-19; 102-558, eff. 8-20-21.) |
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