State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

91_HB4369eng

 
HB4369 Engrossed                               LRB9111454DJcd

 1        AN ACT to amend the Tobacco Accessories and Smoking Herbs
 2    Control Act by changing Sections 3, 4, and 5.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Tobacco  Accessories  and  Smoking  Herbs
 6    Control  Act  is  amended by changing Sections 3, 4, and 5 as
 7    follows:

 8        (720 ILCS 685/3) (from Ch. 23, par. 2358-3)
 9        Sec. 3.  Definitions.  The  following  definitions  shall
10    apply to this Act:
11        (a)  "Tobacco  accessories"  shall mean cigarette papers,
12    pipes, holders of smoking materials of all  types,  cigarette
13    rolling machines, and other items, designed primarily for the
14    smoking  or  ingestion  of  tobacco products or of substances
15    made illegal under any statute or of substances  whose  sale,
16    gift, barter, or exchange is made unlawful under this Act.
17        (b)  "Smoking  herbs"  shall mean all substances of plant
18    origin and their derivatives, including but  not  limited  to
19    broom,  calea,  California  poppy,  damiana,  hops,  ginseng,
20    lobelia,  jimson  weed and other members of the Datura genus,
21    passion flower and wild lettuce, which are processed or  sold
22    primarily for use as smoking materials.
23        (c)  "Bidi  cigarette"  means  a  product  that  contains
24    tobacco  that is wrapped in temburni or tendu leaf or that is
25    wrapped in any other material  identified  by  rules  of  the
26    Department  of Public Health that is similar in appearance or
27    characteristics to the temburni or tendu leaf.
28    (Source: P.A. 82-487.)

29        (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
30        Sec. 4.  Offenses.
 
HB4369 Engrossed            -2-                LRB9111454DJcd
 1        (a)  Sale to minors.  No  person  shall  knowingly  sell,
 2    barter,  exchange, deliver or give away or cause or permit or
 3    procure to be sold, bartered, exchanged, delivered, or  given
 4    away tobacco accessories or smoking herbs to any person under
 5    18 years of age.
 6        (a-5)  Sale of bidi cigarettes. No person shall knowingly
 7    sell,  barter,  exchange,  deliver,  or  give  away  a   bidi
 8    cigarette  to  another  person,  nor  shall a person cause or
 9    permit or procure a bidi  cigarette  to  be  sold,  bartered,
10    exchanged, delivered, or given away to another person.
11        (b)  Sale  of cigarette paper.  No person shall knowingly
12    offer, sell, barter, exchange, deliver or give away cigarette
13    paper or cause, permit, or  procure  cigarette  paper  to  be
14    sold,  offered, bartered, exchanged, delivered, or given away
15    except from premises or an establishment where other  tobacco
16    products  are  sold.   For purposes of this Section, "tobacco
17    products" means cigarettes,  cigars,  smokeless  tobacco,  or
18    tobacco in any of its forms.
19        (c)  Sale  of  cigarette paper from vending machines.  No
20    person shall knowingly offer, sell, barter, exchange, deliver
21    or give away cigarette paper or  cause,  permit,  or  procure
22    cigarette  paper  to  be  sold, offered, bartered, exchanged,
23    delivered, or given away by use of a vending or coin-operated
24    machine or device.  For purposes of this Section,  "cigarette
25    paper"  shall not include any paper that is incorporated into
26    a product to which a tax stamp  must  be  affixed  under  the
27    Cigarette Tax Act or the Cigarette Use Tax Act.
28        (d)  Use  of  identification  cards.   No  person  in the
29    furtherance or facilitation of obtaining smoking  accessories
30    and  smoking  herbs  shall  display  or use a false or forged
31    identification  card  or  transfer,  alter,  or   deface   an
32    identification card.
33        (e)  Warning  to  minors.  Any person, firm, partnership,
34    company or corporation operating a place  of  business  where
 
HB4369 Engrossed            -3-                LRB9111454DJcd
 1    tobacco accessories and smoking herbs are sold or offered for
 2    sale  shall  post  in a conspicuous place upon the premises a
 3    sign upon  which  there  shall  be  imprinted  the  following
 4    statement,  "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
 5    PERSONS UNDER EIGHTEEN YEARS OF AGE OR THE  MISREPRESENTATION
 6    OF  AGE  TO  PROCURE  SUCH A SALE IS PROHIBITED BY LAW".  The
 7    sign shall be printed on a white card in red letters at least
 8    one-half inch in height.
 9    (Source: P.A. 87-153.)

10        (720 ILCS 685/5) (from Ch. 23, par. 2358-5)
11        Sec. 5.  Penalty.
12        (a)  Any person who shall  knowingly  violate,  or  shall
13    knowingly  cause  the  violation of any provision of this Act
14    other than subsection (a-5) of Section 4 shall be guilty of a
15    Class C misdemeanor.
16        (b) Any person who knowingly violates or knowingly causes
17    the violation of subsection (a-5) of Section 4 is guilty of a
18    petty offense for which the offender may be fined  an  amount
19    as follows:
20             (1)  For a first offense, not less than $100 and not
21        more than $500.
22             (2) For a second offense within a 2-year period, not
23        less than $250 and not more than $500.
24             (3) For a  third  or  subsequent  offense  within  a
25        2-year  period,  not  less  than  $500  and not more than
26        $1,000.
27    (Source: P.A. 82-487.)

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