Bill Amendment: IL SB0512 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PREVENTING YOUTH VAPING

Status: 2021-08-24 - Public Act . . . . . . . . . 102-0575 [SB0512 Detail]

Download: Illinois-2021-SB0512-House_Amendment_002.html

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Rep. Bob Morgan

Filed: 5/12/2021

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

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

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

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

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on page 35, by deleting lines 2 and 3.