Bill Text: IL HB0603 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Tobacco Accessories and Smoking Herbs Control Act. Provides that no person shall knowingly sell, distribute, or offer for sale or distribution in this State or to any person in this State a flavored cigarette.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0603 Detail]

Download: Illinois-2009-HB0603-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0603 Introduced 2/6/2009, by Rep. Karen A. Yarbrough - LaShawn K. Ford SYNOPSIS AS INTRODUCED:
720 ILCS 685/2 from Ch. 23, par. 2358-2
720 ILCS 685/3 from Ch. 23, par. 2358-3
720 ILCS 685/4 from Ch. 23, par. 2358-4
Amends the Tobacco Accessories and Smoking Herbs Control Act. Provides that no person shall knowingly sell, distribute, or offer for sale or distribution in this State or to any person in this State a flavored cigarette.
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A BILL FOR
HB0603 LRB096 07354 RLC 17440 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Tobacco Accessories and Smoking Herbs
Control Act is amended by changing Sections 2, 3, and 4 as
follows:
(720 ILCS 685/2) (from Ch. 23, par. 2358-2)
Sec. 2. Purpose.
(a) The sale and possession of marijuana, hashish, cocaine,
opium and their derivatives, is not only prohibited by Illinois
Law, but the use of these substances has been deemed injurious
to the health of the user.
It has further been determined by the Surgeon General of
the United States that the use of tobacco is hazardous to human
health.
The ready availability of smoking herbs to minors could
lead to the use of tobacco and illegal drugs.
It is in the best interests of the citizens of the State of
Illinois to seek to prohibit the spread of illegal drugs,
tobacco or smoking materials to minors. The prohibition of the
sale of tobacco and snuff accessories and smoking herbs to
minors would help to curb the usage of illegal drugs and
tobacco products, among our youth.

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(b) The General Assembly finds and declares that there has
been a proliferation of flavored cigarettes in recent years.
Many of these products have flavors that are particularly
attractive to minors. These cigarettes have included flavors
such as various fruits, candy, chocolate, vanilla, honey, sugar
or sugar substitute, nut, mint, cocoa, desserts, soft drinks,
alcoholic beverages, herb and spice flavorings or other
flavorings that are attractive to minors. According to survey
evidence and public health experts, minors are more likely to
choose flavored cigarettes and thus the existence of these
products increases the incidence of cigarette use among minors.
Moreover, the earlier that an individual begins using tobacco,
the more likely he or she will become addicted to tobacco
products and will continue to use tobacco products throughout
his or her lifetime. Accordingly, flavored cigarettes result in
increased tobacco use, increased addiction, a greater
incidence of smoking-related illnesses, increased health care
costs, and more smoking-related deaths. The General Assembly
therefore finds and declares that the existence of flavored
cigarettes presents a significant threat to public health and
to minors, and that the sale of flavored cigarettes must be
restricted.
(Source: P.A. 82-487.)
(720 ILCS 685/3) (from Ch. 23, par. 2358-3)
Sec. 3. Definitions. The following definitions shall apply

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to this Act:
(a) "Tobacco accessories" shall mean cigarette papers,
pipes, holders of smoking materials of all types, cigarette
rolling machines, and other items, designed primarily for the
smoking or ingestion of tobacco products or of substances made
illegal under any statute or of substances whose sale, gift,
barter, or exchange is made unlawful under this Act.
(b) "Smoking herbs" shall mean all substances of plant
origin and their derivatives, including but not limited to
broom, calea, California poppy, damiana, hops, ginseng,
lobelia, jimson weed and other members of the Datura genus,
passion flower and wild lettuce, which are processed or sold
primarily for use as smoking materials.
(c) "Bidi cigarette" means a product that contains tobacco
that is wrapped in temburni or tendu leaf or that is wrapped in
any other material identified by rules of the Department of
Public Health that is similar in appearance or characteristics
to the temburni or tendu leaf.
(d) "Flavored cigarette" means any cigarette product, or
any component part thereof (including but not limited to the
tobacco, paper, or filter, and any components for roll-your-own
cigarettes), which contains a natural or artificial
constituent or additive that causes such cigarette or its smoke
to have a characterizing flavor other than tobacco or menthol.
(e) "Characterizing flavor" includes but is not limited to
any fruit, candy, chocolate, vanilla, honey, sugar or sugar

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substitute, nut, mint, cocoa, dessert, soft drink, alcoholic
beverage, herb or spice flavoring, but does not include tobacco
or menthol. In no event shall a cigarette or any component part
thereof (including but not limited to the tobacco, paper, roll
or filter) be construed to have a characterizing flavor based
solely on the use of additives or flavorings, or the provision
of an ingredient list made available by any means.
(Source: P.A. 91-734, eff. 1-1-01.)
(720 ILCS 685/4) (from Ch. 23, par. 2358-4)
Sec. 4. Offenses.
(a) Sale to minors. No person shall knowingly sell, barter,
exchange, deliver or give away or cause or permit or procure to
be sold, bartered, exchanged, delivered, or given away tobacco
accessories or smoking herbs to any person under 18 years of
age.
(a-5) Sale of bidi cigarettes. No person shall knowingly
sell, barter, exchange, deliver, or give away a bidi cigarette
to another person, nor shall a person cause or permit or
procure a bidi cigarette to be sold, bartered, exchanged,
delivered, or given away to another person.
(a-6) No person shall knowingly sell, distribute, or offer
for sale or distribution in this State or to any person in this
State a flavored cigarette.
(b) Sale of cigarette paper. No person shall knowingly
offer, sell, barter, exchange, deliver or give away cigarette

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paper or cause, permit, or procure cigarette paper to be sold,
offered, bartered, exchanged, delivered, or given away except
from premises or an establishment where other tobacco products
are sold. For purposes of this Section, "tobacco products"
means cigarettes, cigars, smokeless tobacco, or tobacco in any
of its forms.
(c) Sale of cigarette paper from vending machines. No
person shall knowingly offer, sell, barter, exchange, deliver
or give away cigarette paper or cause, permit, or procure
cigarette paper to be sold, offered, bartered, exchanged,
delivered, or given away by use of a vending or coin-operated
machine or device. For purposes of this Section, "cigarette
paper" shall not include any paper that is incorporated into a
product to which a tax stamp must be affixed under the
Cigarette Tax Act or the Cigarette Use Tax Act.
(d) Use of identification cards. No person in the
furtherance or facilitation of obtaining smoking accessories
and smoking herbs shall display or use a false or forged
identification card or transfer, alter, or deface an
identification card.
(e) Warning to minors. Any person, firm, partnership,
company or corporation operating a place of business where
tobacco accessories and smoking herbs are sold or offered for
sale shall post in a conspicuous place upon the premises a sign
upon which there shall be imprinted the following statement,
"SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER

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EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be
printed on a white card in red letters at least one-half inch
in height.
(Source: P.A. 91-734, eff. 1-1-01.)