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_003.html

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Rep. Bob Morgan

Filed: 5/13/2021

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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
on page 17, by replacing lines 13 through 21 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."; and
on page 19, immediately below line 10, by inserting the
following:
"(j) After the Department of Revenue has seized any
tobacco product, nicotine product, or electronic cigarette as
provided in subsection (g) and a person having any property
interest in the seized property has not been charged with an
offense under this Section or a violation of the Preventing
Youth Vaping Act, the 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 product,
alternative nicotine product, or electronic cigarette was of a
type involved in that violation. The Department of Revenue
shall give not less than 20 days' notice of the time and place

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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 Department of Revenue must cause publication of 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 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 Department of Revenue
must enter an order declaring the tobacco product, alternative
nicotine product, or electronic cigarette confiscated and
forfeited to the State, to be held by the Department of Revenue
for disposal by it as provided in Section 10-58 of the Tobacco
Products Tax Act of 1995. The 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,

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