Bill Amendment: IL SB0032 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ALTERNATIVE NICOTINE PRODUCT
Status: 2016-01-29 - Public Act . . . . . . . . . 99-0496 [SB0032 Detail]
Download: Illinois-2015-SB0032-House_Amendment_001.html
Bill Title: ALTERNATIVE NICOTINE PRODUCT
Status: 2016-01-29 - Public Act . . . . . . . . . 99-0496 [SB0032 Detail]
Download: Illinois-2015-SB0032-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 32
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2 | AMENDMENT NO. ______. Amend Senate Bill 32 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Prevention of Tobacco Use by
Minors and | ||||||
5 | Sale and Distribution of Tobacco Products Act is amended by | ||||||
6 | changing Sections 1.5 and 2 as follows:
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7 | (720 ILCS 675/1.5) | ||||||
8 | Sec. 1.5. Distribution of alternative nicotine products to | ||||||
9 | persons under 18 years of age prohibited. | ||||||
10 | (a) For the purposes of this Section, "alternative nicotine | ||||||
11 | product" means a product or device not consisting of or | ||||||
12 | containing tobacco that provides for the ingestion into the | ||||||
13 | body of nicotine, whether by chewing, smoking, absorbing, | ||||||
14 | dissolving, inhaling, snorting, sniffing, or by any other | ||||||
15 | means. "Alternative nicotine product" excludes cigarettes, | ||||||
16 | smokeless tobacco, or other tobacco products as these terms are |
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1 | defined in Section 1 of this Act and any product approved by | ||||||
2 | the United States Food and Drug Administration as a non-tobacco | ||||||
3 | product for sale as a tobacco cessation product, as a tobacco | ||||||
4 | dependence product, or for other medical purposes, and is being | ||||||
5 | marketed and sold solely for that approved purpose. | ||||||
6 | (b) A person, either directly or indirectly by an agent or | ||||||
7 | employee, or by a vending machine
owned by the person or | ||||||
8 | located in the person's establishment, may not sell, offer for | ||||||
9 | sale, give,
or furnish any alternative nicotine product, or any | ||||||
10 | cartridge or component of an alternative nicotine product, to a | ||||||
11 | person under 18 years of age. | ||||||
12 | (c) Before selling, offering for sale, giving, or | ||||||
13 | furnishing an alternative nicotine product, or any cartridge
or | ||||||
14 | component of an alternative nicotine product, to another | ||||||
15 | person, the person selling, offering for sale, giving, or | ||||||
16 | furnishing the alternative nicotine product shall verify that | ||||||
17 | the
person is at least 18 years of age by: | ||||||
18 | (1) examining from any person that appears to
be under | ||||||
19 | 27 years of age a government-issued photographic | ||||||
20 | identification that establishes
the person is at least 18 | ||||||
21 | years of age or | ||||||
22 | (2) for sales made though the Internet or other
remote | ||||||
23 | sales methods, performing an age verification through an | ||||||
24 | independent, third-party
age verification service that | ||||||
25 | compares information available from public records to the
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26 | personal information entered by the person during the |
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1 | ordering process that establishes
the person is 18 years of | ||||||
2 | age or older.
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3 | (d) A person under 18 years of age shall not possess an | ||||||
4 | alternative nicotine product. | ||||||
5 | (Source: P.A. 98-350, eff. 1-1-14.)
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6 | (720 ILCS 675/2) (from Ch. 23, par. 2358)
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7 | (Text of Section after amendment by P.A. 98-1055 ) | ||||||
8 | Sec. 2. Penalties. | ||||||
9 | (a) Any person who violates subsection (a) or (a-5) of | ||||||
10 | Section 1 or subsection (b) or (c) of Section 1.5 of this Act | ||||||
11 | is guilty of a petty offense. For the first offense in a | ||||||
12 | 24-month period, the person shall be fined $200 if his or her | ||||||
13 | employer has a training program that facilitates compliance | ||||||
14 | with minimum-age tobacco laws. For the second offense in a | ||||||
15 | 24-month period, the person shall be fined $400 if his or her | ||||||
16 | employer has a training program that facilitates compliance | ||||||
17 | with minimum-age tobacco laws. For the third offense in a | ||||||
18 | 24-month period, the person shall be fined $600 if his or her | ||||||
19 | employer has a training program that facilitates compliance | ||||||
20 | with minimum-age tobacco laws. For the fourth or subsequent | ||||||
21 | offense in a 24-month period, the person shall be fined $800 if | ||||||
22 | his or her employer has a training program that facilitates | ||||||
23 | compliance with minimum-age tobacco laws. For the purposes of | ||||||
24 | this subsection, the 24-month period shall begin with the | ||||||
25 | person's first violation of the Act. The penalties in this |
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1 | subsection are in addition to any other penalties prescribed | ||||||
2 | under the Cigarette Tax Act and the Tobacco Products Tax Act of | ||||||
3 | 1995. | ||||||
4 | (a-5) Any retailer person who violates subsection (a) or | ||||||
5 | (a-5) of Section 1 or subsection (b) or (c) of Section 1.5 of | ||||||
6 | this Act is guilty of a petty offense. For the first offense, | ||||||
7 | the retailer shall be fined $200 if it does not have a training | ||||||
8 | program that facilitates compliance with minimum-age tobacco | ||||||
9 | laws. For the second offense, the retailer shall be fined $400 | ||||||
10 | if it does not have a training program that facilitates | ||||||
11 | compliance with minimum-age tobacco laws. For the third | ||||||
12 | offense, the retailer shall be fined $600 if it does not have a | ||||||
13 | training program that facilitates compliance with minimum-age | ||||||
14 | tobacco laws. For the fourth or subsequent offense in a | ||||||
15 | 24-month period, the retailer shall be fined $800 if it does | ||||||
16 | not have a training program that facilitates compliance with | ||||||
17 | minimum-age tobacco laws. For the purposes of this subsection, | ||||||
18 | the 24-month period shall begin with the person's first | ||||||
19 | violation of the Act. The penalties in this subsection are in | ||||||
20 | addition to any other penalties prescribed under the Cigarette | ||||||
21 | Tax Act and the Tobacco Products Tax Act of 1995. | ||||||
22 | (a-6) For the purpose of this Act, a training program that | ||||||
23 | facilitates compliance with minimum-age tobacco laws must | ||||||
24 | include at least the following elements: (i) it must explain | ||||||
25 | that only individuals displaying valid identification | ||||||
26 | demonstrating that they are 18 years of age or older shall be |
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1 | eligible to purchase cigarettes or tobacco products; (ii) it | ||||||
2 | must explain where a clerk can check identification for a date | ||||||
3 | of birth; and (iii) it must explain the penalties that a clerk | ||||||
4 | and retailer are subject to for violations of the Prevention of | ||||||
5 | Tobacco Use by Minors and Sale and Distribution of Tobacco | ||||||
6 | Products Act.
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7 | (b) If a minor violates subsection (a-7) of Section 1 or | ||||||
8 | subsection (d) of Section 1.5 he or she is guilty of a petty | ||||||
9 | offense and the court may
impose a sentence of 25 hours of
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10 | community
service and a fine of $50 for a first violation. If a | ||||||
11 | minor violates subsection (a-6) of Section 1, he or she is | ||||||
12 | guilty of a Class A misdemeanor.
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13 | (c) A second violation by a minor of subsection (a-7) of | ||||||
14 | Section 1 or subsection (d) of Section 1.5 that occurs
within | ||||||
15 | 12 months after the first violation is punishable by a fine of | ||||||
16 | $75 and 50
hours of community service.
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17 | (d) A third or subsequent violation by a minor of | ||||||
18 | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 | ||||||
19 | that
occurs within 12 months after the first violation is | ||||||
20 | punishable by a $200
fine
and 50 hours of community service.
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21 | (e) Any second or subsequent violation not within the | ||||||
22 | 12-month time period
after
the first violation is punishable as | ||||||
23 | provided for a first violation.
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24 | (f) If a minor is convicted of or placed on supervision for | ||||||
25 | a violation of
subsection (a-6) or (a-7) of Section 1 or | ||||||
26 | subsection (d) of Section 1.5 , the court may, in its |
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1 | discretion, and upon
recommendation by the State's Attorney, | ||||||
2 | order that minor and his or her parents
or legal
guardian to | ||||||
3 | attend a smoker's education or youth diversion program if that
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4 | program is available in the jurisdiction where the offender | ||||||
5 | resides.
Attendance at a smoker's education or youth diversion | ||||||
6 | program
shall be time-credited against any community service | ||||||
7 | time imposed for any
first violation of subsection (a-7) of | ||||||
8 | Section 1. In addition to any other
penalty
that the court may | ||||||
9 | impose for a violation of subsection (a-7) of Section 1 or | ||||||
10 | subsection (d) of Section 1.5 , the
court, upon request by the | ||||||
11 | State's Attorney, may in its discretion
require
the offender to | ||||||
12 | remit a fee for his or her attendance at a smoker's
education | ||||||
13 | or
youth diversion program.
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14 | (g) For purposes of this Section, "smoker's education
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15 | program"
or
"youth diversion program" includes, but is not | ||||||
16 | limited to, a seminar designed
to educate a person on the | ||||||
17 | physical and psychological effects of smoking
tobacco products | ||||||
18 | and alternative nicotine products and the health consequences | ||||||
19 | of smoking tobacco products
and alternative nicotine products | ||||||
20 | that can be conducted with a locality's youth diversion | ||||||
21 | program.
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22 | (h) All moneys collected as fines for violations of | ||||||
23 | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
and | ||||||
24 | subsection (b), (c), or (d) of Section 1.5 shall be distributed | ||||||
25 | in the following manner:
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26 | (1) one-half of each fine shall be distributed to the |
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1 | unit of local
government or other entity that successfully | ||||||
2 | prosecuted the offender;
and
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3 | (2) one-half shall be remitted to the State to be used | ||||||
4 | for enforcing this
Act.
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5 | Any violation of subsection (a) or (a-5) of Section 1 or | ||||||
6 | subsection (b) or (c) of Section 1.5 shall be reported to the | ||||||
7 | Department of Revenue within 7 business days. | ||||||
8 | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)".
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