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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:
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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 |
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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
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HB0603 |
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LRB096 07354 RLC 17440 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Tobacco Accessories and Smoking Herbs |
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| Control Act is amended by changing Sections 2, 3, and 4 as |
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| follows:
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| (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
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| Sec. 2. Purpose. |
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| (a) The sale and possession of marijuana, hashish, cocaine,
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| opium and their derivatives, is not only prohibited by Illinois |
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| Law, but
the use of these substances has been deemed injurious |
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| to the health of the user.
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| It has further been determined by the Surgeon General of |
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| the United States
that the use of tobacco is hazardous to human |
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| health.
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| The ready availability of smoking herbs to minors could |
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| lead to the use
of tobacco and illegal drugs.
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| It is in the best interests of the citizens of the State of |
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| Illinois to
seek to prohibit the spread of illegal drugs, |
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| tobacco or smoking materials
to minors. The prohibition of the |
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| sale of tobacco and snuff accessories
and smoking herbs to |
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| minors would help to curb the usage of illegal drugs
and |
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| tobacco products, among our youth.
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HB0603 |
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LRB096 07354 RLC 17440 b |
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| (b) The General Assembly finds and declares that there has |
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| been a proliferation of flavored cigarettes in recent years. |
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| Many of these products have flavors that are particularly |
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| attractive to minors. These cigarettes have included flavors |
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| such as various fruits, candy, chocolate, vanilla, honey, sugar |
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| or sugar substitute, nut, mint, cocoa, desserts, soft drinks, |
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| alcoholic beverages, herb and spice flavorings or other |
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| flavorings that are attractive to minors. According to survey |
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| evidence and public health experts, minors are more likely to |
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| choose flavored cigarettes and thus the existence of these |
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| products increases the incidence of cigarette use among minors. |
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| Moreover, the earlier that an individual begins using tobacco, |
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| the more likely he or she will become addicted to tobacco |
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| products and will continue to use tobacco products throughout |
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| his or her lifetime. Accordingly, flavored cigarettes result in |
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| increased tobacco use, increased addiction, a greater |
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| incidence of smoking-related illnesses, increased health care |
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| costs, and more smoking-related deaths. The General Assembly |
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| therefore finds and declares that the existence of flavored |
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| cigarettes presents a significant threat to public health and |
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| to minors, and that the sale of flavored cigarettes must be |
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| restricted.
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| (Source: P.A. 82-487.)
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| (720 ILCS 685/3) (from Ch. 23, par. 2358-3)
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| Sec. 3. Definitions. The following definitions shall apply |
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HB0603 |
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LRB096 07354 RLC 17440 b |
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| to this
Act:
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| (a) "Tobacco accessories" shall mean cigarette papers, |
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| pipes, holders
of smoking materials of all types, cigarette |
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| rolling machines, and other
items, designed primarily for the |
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| smoking or ingestion of tobacco products
or of substances made |
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| illegal under any statute or of substances whose
sale, gift, |
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| barter, or exchange is made unlawful under this Act.
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| (b) "Smoking herbs" shall mean all substances of plant |
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| origin and their
derivatives, including but not limited to |
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| broom, calea, California poppy,
damiana, hops, ginseng, |
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| lobelia, jimson weed and other members of the Datura
genus, |
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| passion flower and wild lettuce, which are processed or sold |
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| primarily
for use as smoking materials.
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| (c) "Bidi cigarette" means a product that contains tobacco |
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| that is
wrapped
in temburni or tendu leaf or that is wrapped in |
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| any
other material identified by rules of the Department of |
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| Public Health that is
similar in appearance or
characteristics |
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| to the temburni or tendu leaf.
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| (d) "Flavored cigarette" means any cigarette product, or |
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| any component part thereof (including but not limited to the |
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| tobacco, paper, or filter, and any components for roll-your-own |
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| cigarettes), which contains a natural or artificial |
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| constituent or additive that causes such cigarette or its smoke |
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| to have a characterizing flavor other than tobacco or menthol. |
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| (e) "Characterizing flavor" includes but is not limited to |
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| any fruit, candy, chocolate, vanilla, honey, sugar or sugar |
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HB0603 |
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LRB096 07354 RLC 17440 b |
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| substitute, nut, mint, cocoa, dessert, soft drink, alcoholic |
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| beverage, herb or spice flavoring, but does not include tobacco |
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| or menthol. In no event shall a cigarette or any component part |
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| thereof (including but not limited to the tobacco, paper, roll |
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| or filter) be construed to have a characterizing flavor based |
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| solely on the use of additives or flavorings, or the provision |
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| of an ingredient list made available by any means.
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| (Source: P.A. 91-734, eff. 1-1-01.)
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| (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
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| Sec. 4. Offenses.
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| (a) Sale to minors. No person shall knowingly sell,
barter, |
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| exchange, deliver or give away or cause or permit or procure to
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| be sold, bartered, exchanged, delivered, or given away tobacco |
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| accessories
or smoking herbs to any person under 18 years of |
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| age.
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| (a-5) Sale of bidi cigarettes. No person shall knowingly |
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| sell, barter,
exchange, deliver, or give away a bidi cigarette |
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| to another
person, nor shall a person cause or permit or |
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| procure a bidi cigarette to be
sold, bartered, exchanged, |
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| delivered, or given away to
another person.
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| (a-6) No person shall knowingly sell, distribute, or offer |
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| for sale or distribution in this State or to any person in this |
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| State a flavored cigarette. |
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| (b) Sale of cigarette paper. No person shall knowingly |
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| offer, sell,
barter, exchange, deliver or give away cigarette |
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HB0603 |
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LRB096 07354 RLC 17440 b |
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| paper or cause, permit, or
procure cigarette paper to be sold, |
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| offered, bartered, exchanged,
delivered, or given away except |
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| from premises or an establishment where other
tobacco
products |
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| are sold. For purposes of this Section, "tobacco products" |
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| means
cigarettes, cigars, smokeless tobacco, or tobacco in any |
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| of its forms.
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| (c) Sale of cigarette paper from vending machines. No |
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| person shall
knowingly offer, sell, barter, exchange, deliver |
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| or give away cigarette
paper or cause, permit, or procure |
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| cigarette paper to be sold, offered,
bartered, exchanged, |
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| delivered, or
given away by use of a vending or coin-operated |
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| machine or device. For
purposes of this Section, "cigarette |
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| paper" shall not
include any paper that is incorporated into a |
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| product to which a tax stamp
must be affixed under the |
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| Cigarette Tax Act or the Cigarette Use Tax Act.
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| (d) Use of identification cards. No person in the |
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| furtherance or
facilitation of obtaining smoking accessories |
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| and smoking herbs shall
display or use a false or forged |
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| identification card or transfer, alter, or
deface an |
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| identification card.
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| (e) Warning to minors. Any person, firm, partnership, |
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| company or
corporation operating a place of business where |
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| tobacco accessories and
smoking herbs are sold or offered for |
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| sale shall post in a conspicuous
place upon the premises a sign |
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| upon which there shall be imprinted the
following statement, |
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| "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
PERSONS UNDER |