Bill Text: IL HB4989 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that a person under 21 years of age may not possess any tobacco product, electronic cigarette, or alternative nicotine product. Provides that a violation is a petty offense. Provides that for the first offense in a 24-month period, the person shall be fined $200; for the second offense in a 24-month period, the person shall be fined $400; for the third offense in a 24-month period, the person shall be fined $600; and for the fourth or subsequent offense in a 24-month period, the person shall be fined $800. Provides that for the purposes of this provision, the 24-month period shall begin with the person's first violation of the Act. Provides for distribution of the fines for violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-08 - Referred to Rules Committee [HB4989 Detail]
Download: Illinois-2023-HB4989-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Prevention of Tobacco Use by Persons under | |||||||||||||||||||||
5 | 21 Years of Age and Sale and Distribution of Tobacco Products | |||||||||||||||||||||
6 | Act is amended by changing Sections 1 and 2 as follows:
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7 | (720 ILCS 675/1) (from Ch. 23, par. 2357) | |||||||||||||||||||||
8 | Sec. 1. Prohibition on sale of tobacco products, | |||||||||||||||||||||
9 | electronic cigarettes, and alternative nicotine products to | |||||||||||||||||||||
10 | persons under 21 years of age; prohibition on the distribution | |||||||||||||||||||||
11 | of tobacco product samples, electronic cigarette samples, and | |||||||||||||||||||||
12 | alternative nicotine product samples to any person; use of | |||||||||||||||||||||
13 | identification cards; vending machines; lunch wagons; | |||||||||||||||||||||
14 | out-of-package sales. | |||||||||||||||||||||
15 | (a) No person shall sell, buy for, distribute samples of | |||||||||||||||||||||
16 | or furnish any tobacco product, electronic cigarette, or | |||||||||||||||||||||
17 | alternative nicotine product to any person under 21 years of | |||||||||||||||||||||
18 | age. | |||||||||||||||||||||
19 | (a-5) No person under 16 years of age may sell any tobacco | |||||||||||||||||||||
20 | product, electronic cigarette, or alternative nicotine product | |||||||||||||||||||||
21 | at a retail establishment selling tobacco products, electronic | |||||||||||||||||||||
22 | cigarettes, or alternative nicotine products. This subsection | |||||||||||||||||||||
23 | does not apply to a sales clerk in a family-owned business |
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1 | which can prove that the sales clerk is in fact a son or | ||||||
2 | daughter of the owner. | ||||||
3 | (a-5.1) Before selling, offering for sale, giving, or | ||||||
4 | furnishing a tobacco product, electronic cigarette, or | ||||||
5 | alternative nicotine product to another person, the person | ||||||
6 | selling, offering for sale, giving, or furnishing the tobacco | ||||||
7 | product, electronic cigarette, or alternative nicotine product | ||||||
8 | shall verify that the person is at least 21 years of age by: | ||||||
9 | (1) examining from any person that appears to be under | ||||||
10 | 30 years of age a government-issued photographic | ||||||
11 | identification that establishes the person to be 21 years | ||||||
12 | of age or older; or | ||||||
13 | (2) for sales of tobacco products, electronic | ||||||
14 | cigarettes, or alternative nicotine products made through | ||||||
15 | the Internet or other remote sales methods, performing an | ||||||
16 | age verification through an independent, third party age | ||||||
17 | verification service that compares information available | ||||||
18 | from public records to the personal information entered by | ||||||
19 | the person during the ordering process that establishes | ||||||
20 | the person is 21 years of age or older. | ||||||
21 | (a-6) No person under 21 years of age in the furtherance or | ||||||
22 | facilitation of obtaining any tobacco product, electronic | ||||||
23 | cigarette, or alternative nicotine product shall display or | ||||||
24 | use a false or forged identification card or transfer, alter, | ||||||
25 | or deface an identification card. | ||||||
26 | (a-7) (Blank). |
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1 | (a-7.5) A person under 21 years of age may not possess any | ||||||
2 | tobacco product, electronic cigarette, or alternative nicotine | ||||||
3 | product. | ||||||
4 | (a-8) A person shall not distribute without charge samples | ||||||
5 | of any tobacco product, alternative nicotine product, or | ||||||
6 | electronic cigarette to any other person, regardless of age, | ||||||
7 | except for smokeless tobacco in an adult-only facility. | ||||||
8 | This subsection (a-8) does not apply to the distribution | ||||||
9 | of a tobacco product, electronic cigarette, or alternative | ||||||
10 | nicotine product sample in any adult-only facility. | ||||||
11 | (a-9) For the purpose of this Section: | ||||||
12 | "Adult-only facility" means a facility or restricted | ||||||
13 | area (whether open-air or enclosed) where the operator | ||||||
14 | ensures or has a reasonable basis to believe (such as by | ||||||
15 | checking identification as required under State law, or by | ||||||
16 | checking the identification of any person appearing to be | ||||||
17 | under the age of 30) that no person under legal age is | ||||||
18 | present. A facility or restricted area need not be | ||||||
19 | permanently restricted to persons under 21 years of age to | ||||||
20 | constitute an adult-only facility, provided that the | ||||||
21 | operator ensures or has a reasonable basis to believe that | ||||||
22 | no person under 21 years of age is present during the event | ||||||
23 | or time period in question. | ||||||
24 | "Alternative nicotine product" means a product or | ||||||
25 | device not consisting of or containing tobacco that | ||||||
26 | provides for the ingestion into the body of nicotine, |
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1 | whether by chewing, smoking, absorbing, dissolving, | ||||||
2 | inhaling, snorting, sniffing, or by any other means. | ||||||
3 | "Alternative nicotine product" does not include: | ||||||
4 | cigarettes as defined in Section 1 of the Cigarette Tax | ||||||
5 | Act and tobacco products as defined in Section 10-5 of the | ||||||
6 | Tobacco Products Tax Act of 1995; tobacco product and | ||||||
7 | electronic cigarette as defined in this Section; or any | ||||||
8 | product approved by the United States Food and Drug | ||||||
9 | Administration for sale as a tobacco cessation product, as | ||||||
10 | a tobacco dependence product, or for other medical | ||||||
11 | purposes, and is being marketed and sold solely for that | ||||||
12 | approved purpose. | ||||||
13 | "Electronic cigarette" means: | ||||||
14 | (1) any device that employs a battery or other | ||||||
15 | mechanism to heat a solution or substance to produce a | ||||||
16 | vapor or aerosol intended for inhalation; | ||||||
17 | (2) any cartridge or container of a solution or | ||||||
18 | substance intended to be used with or in the device or | ||||||
19 | to refill the device; or | ||||||
20 | (3) any solution or substance, whether or not it | ||||||
21 | contains nicotine intended for use in the device. | ||||||
22 | "Electronic cigarette" includes, but is not limited | ||||||
23 | to, any electronic nicotine delivery system, electronic | ||||||
24 | cigar, electronic cigarillo, electronic pipe, electronic | ||||||
25 | hookah, vape pen, or similar product or device, any | ||||||
26 | components or parts that can be used to build the product |
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1 | or device, and any component, part, or accessory of a | ||||||
2 | device used during the operation of the device, even if | ||||||
3 | the part or accessory was sold separately. "Electronic | ||||||
4 | cigarette" does not include: cigarettes as defined in | ||||||
5 | Section 1 of the Cigarette Tax Act; tobacco product and | ||||||
6 | alternative nicotine product as defined in this Section; | ||||||
7 | any product approved by the United States Food and Drug | ||||||
8 | Administration for sale as a tobacco cessation product, as | ||||||
9 | a tobacco dependence product, or for other medical | ||||||
10 | purposes, and is being marketed and sold solely for that | ||||||
11 | approved purpose; any asthma inhaler prescribed by a | ||||||
12 | physician for that condition and is being marketed and | ||||||
13 | sold solely for that approved purpose; any device that | ||||||
14 | meets the definition of cannabis paraphernalia under | ||||||
15 | Section 1-10 of the Cannabis Regulation and Tax Act; or | ||||||
16 | any cannabis product sold by a dispensing organization | ||||||
17 | pursuant to the Cannabis Regulation and Tax Act or the | ||||||
18 | Compassionate Use of Medical Cannabis Program Act. | ||||||
19 | "Lunch wagon" means a mobile vehicle designed and | ||||||
20 | constructed to transport food and from which food is sold | ||||||
21 | to the general public. | ||||||
22 | "Nicotine" means any form of the chemical nicotine, | ||||||
23 | including any salt or complex, regardless of whether the | ||||||
24 | chemical is naturally or synthetically derived. | ||||||
25 | "Tobacco product" means any product containing or made | ||||||
26 | from tobacco that is intended for human consumption, |
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1 | whether smoked, heated, chewed, absorbed, dissolved, | ||||||
2 | inhaled, snorted, sniffed, or ingested by any other means, | ||||||
3 | including, but not limited to, cigarettes, cigars, little | ||||||
4 | cigars, chewing tobacco, pipe tobacco, snuff, snus, and | ||||||
5 | any other smokeless tobacco product which contains tobacco | ||||||
6 | that is finely cut, ground, powdered, or leaf and intended | ||||||
7 | to be placed in the oral cavity. "Tobacco product" | ||||||
8 | includes any component, part, or accessory of a tobacco | ||||||
9 | product, whether or not sold separately. "Tobacco product" | ||||||
10 | does not include: an alternative nicotine product as | ||||||
11 | defined in this Section; or any product that has been | ||||||
12 | approved by the United States Food and Drug Administration | ||||||
13 | for sale as a tobacco cessation product, as a tobacco | ||||||
14 | dependence product, or for other medical purposes, and is | ||||||
15 | being marketed and sold solely for that approved purpose. | ||||||
16 | (b) Tobacco products, electronic cigarettes, and | ||||||
17 | alternative nicotine products may be sold through a vending | ||||||
18 | machine only if such tobacco products, electronic cigarettes, | ||||||
19 | and alternative nicotine products are not placed together with | ||||||
20 | any non-tobacco product, other than matches, in the vending | ||||||
21 | machine and the vending machine is in any of the following | ||||||
22 | locations: | ||||||
23 | (1) (Blank). | ||||||
24 | (2) Places to which persons under 21 years of age are | ||||||
25 | not permitted access at any time. | ||||||
26 | (3) Places where alcoholic beverages are sold and |
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1 | consumed on the premises and vending machine operation is | ||||||
2 | under the direct supervision of the owner or manager. | ||||||
3 | (4) (Blank). | ||||||
4 | (5) (Blank). | ||||||
5 | (c) (Blank). | ||||||
6 | (d) The sale or distribution by any person of a tobacco | ||||||
7 | product as defined in this Section, including, but not limited | ||||||
8 | to, a single or loose cigarette, that is not contained within a | ||||||
9 | sealed container, pack, or package as provided by the | ||||||
10 | manufacturer, which container, pack, or package bears the | ||||||
11 | health warning required by federal law, is prohibited. | ||||||
12 | (e) It is not a violation of this Act for a person under 21 | ||||||
13 | years of age to purchase a tobacco product, electronic | ||||||
14 | cigarette, or alternative nicotine product if the person under | ||||||
15 | the age of 21 purchases or is given the tobacco product, | ||||||
16 | electronic cigarette, or alternative nicotine product in any | ||||||
17 | of its forms from a retail seller of tobacco products, | ||||||
18 | electronic cigarettes, or alternative nicotine products or an | ||||||
19 | employee of the retail seller pursuant to a plan or action to | ||||||
20 | investigate, patrol, or otherwise conduct a "sting operation" | ||||||
21 | or enforcement action against a retail seller of tobacco | ||||||
22 | products, electronic cigarettes, or alternative nicotine | ||||||
23 | products or a person employed by the retail seller of tobacco | ||||||
24 | products, electronic cigarettes, or alternative nicotine | ||||||
25 | products or on any premises authorized to sell tobacco | ||||||
26 | products, electronic cigarettes, or alternative nicotine |
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1 | products to determine if tobacco products, electronic | ||||||
2 | cigarettes, or alternative nicotine products are being sold or | ||||||
3 | given to persons under 21 years of age if the "sting operation" | ||||||
4 | or enforcement action is approved by, conducted by, or | ||||||
5 | conducted on behalf of the Illinois State Police, the county | ||||||
6 | sheriff, a municipal police department, the Department of | ||||||
7 | Revenue, the Department of Public Health, or a local health | ||||||
8 | department. The results of any sting operation or enforcement | ||||||
9 | action, including the name of the clerk, shall be provided to | ||||||
10 | the retail seller within 7 business days. | ||||||
11 | (f) No person shall honor or accept any discount, coupon, | ||||||
12 | or other benefit or reduction in price that is inconsistent | ||||||
13 | with 21 CFR 1140, subsequent United States Food and Drug | ||||||
14 | Administration industry guidance, or any rules adopted under | ||||||
15 | 21 CFR 1140. | ||||||
16 | (g) Any peace officer or duly authorized member of the | ||||||
17 | Illinois State Police, a county sheriff's department, a | ||||||
18 | municipal police department, the Department of Revenue, the | ||||||
19 | Department of Public Health, a local health department, or the | ||||||
20 | Department of Human Services, upon discovering a violation of | ||||||
21 | subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this | ||||||
22 | Section or a violation of the Preventing Youth Vaping Act, may | ||||||
23 | seize any tobacco products, alternative nicotine products, or | ||||||
24 | electronic cigarettes of the specific type involved in that | ||||||
25 | violation that are located at that place of business. The | ||||||
26 | tobacco products, alternative nicotine products, or electronic |
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1 | cigarettes so seized are subject to confiscation and | ||||||
2 | forfeiture. | ||||||
3 | (h) If, within 60 days after any seizure under subsection | ||||||
4 | (g), a person having any property interest in the seized | ||||||
5 | property is charged with an offense under this Section or a | ||||||
6 | violation of the Preventing Youth Vaping Act, the court that | ||||||
7 | renders judgment upon the charge shall, within 30 days after | ||||||
8 | the judgment, conduct a forfeiture hearing to determine | ||||||
9 | whether the seized tobacco products or electronic cigarettes | ||||||
10 | were part of the inventory located at the place of business | ||||||
11 | when a violation of subsection (a), (a-5), (a-5.1), (a-8), | ||||||
12 | (b), or (d) of this Section or a violation of the Preventing | ||||||
13 | Youth Vaping Act occurred and whether any seized tobacco | ||||||
14 | products or electronic cigarettes were of a type involved in | ||||||
15 | that violation. The hearing shall be commenced by a written | ||||||
16 | petition by the State, which shall include material | ||||||
17 | allegations of fact, the name and address of every person | ||||||
18 | determined by the State to have any property interest in the | ||||||
19 | seized property, a representation that written notice of the | ||||||
20 | date, time, and place of the hearing has been mailed to every | ||||||
21 | such person by certified mail at least 10 days before the date, | ||||||
22 | and a request for forfeiture. Every such person may appear as a | ||||||
23 | party and present evidence at the hearing. The quantum of | ||||||
24 | proof required shall be a preponderance of the evidence, and | ||||||
25 | the burden of proof shall be on the State. If the court | ||||||
26 | determines that the seized property was subject to forfeiture, |
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1 | an order of forfeiture and disposition of the seized property | ||||||
2 | shall be entered and the property shall be received by the | ||||||
3 | prosecuting office, who shall effect its destruction. | ||||||
4 | (i) If a seizure under subsection (g) is not followed by a | ||||||
5 | charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or | ||||||
6 | (d) of this Section or under the Preventing Youth Vaping Act, | ||||||
7 | or if the prosecution of the charge is permanently terminated | ||||||
8 | or indefinitely discontinued without any judgment of | ||||||
9 | conviction or acquittal: | ||||||
10 | (1) the prosecuting office may commence in the circuit | ||||||
11 | court an in rem proceeding for the forfeiture and | ||||||
12 | destruction of any seized tobacco products or electronic | ||||||
13 | cigarettes; and | ||||||
14 | (2) any person having any property interest in the | ||||||
15 | seized tobacco products or electronic cigarettes may | ||||||
16 | commence separate civil proceedings in the manner provided | ||||||
17 | by law. | ||||||
18 | (j) After the Department of Revenue has seized any tobacco | ||||||
19 | product, nicotine product, or electronic cigarette as provided | ||||||
20 | in subsection (g) and a person having any property interest in | ||||||
21 | the seized property has not been charged with an offense under | ||||||
22 | this Section or a violation of the Preventing Youth Vaping | ||||||
23 | Act, the Department of Revenue must hold a hearing and | ||||||
24 | determine whether the seized tobacco products, alternative | ||||||
25 | nicotine products, or electronic cigarettes were part of the | ||||||
26 | inventory located at the place of business when a violation of |
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1 | subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this | ||||||
2 | Section or a violation of the Preventing Youth Vaping Act | ||||||
3 | occurred and whether any seized tobacco product, alternative | ||||||
4 | nicotine product, or electronic cigarette was of a type | ||||||
5 | involved in that violation. The Department of Revenue shall | ||||||
6 | give not less than 20 days' notice of the time and place of the | ||||||
7 | hearing to the owner of the property, if the owner is known, | ||||||
8 | and also to the person in whose possession the property was | ||||||
9 | found if that person is known and if the person in possession | ||||||
10 | is not the owner of the property. If neither the owner nor the | ||||||
11 | person in possession of the property is known, the Department | ||||||
12 | of Revenue must cause publication of the time and place of the | ||||||
13 | hearing to be made at least once each week for 3 weeks | ||||||
14 | successively in a newspaper of general circulation in the | ||||||
15 | county where the hearing is to be held. | ||||||
16 | If, as the result of the hearing, the Department of | ||||||
17 | Revenue determines that the tobacco products, alternative | ||||||
18 | nicotine products, or the electronic cigarettes were part of | ||||||
19 | the inventory located at the place of business when a | ||||||
20 | violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or | ||||||
21 | (d) of this Section or a violation of the Preventing Youth | ||||||
22 | Vaping Act at the time of seizure, the Department of Revenue | ||||||
23 | must enter an order declaring the tobacco product, alternative | ||||||
24 | nicotine product, or electronic cigarette confiscated and | ||||||
25 | forfeited to the State, to be held by the Department of Revenue | ||||||
26 | for disposal by it as provided in Section 10-58 of the Tobacco |
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1 | Products Tax Act of 1995. The Department of Revenue must give | ||||||
2 | notice of the order to the owner of the property, if the owner | ||||||
3 | is known, and also to the person in whose possession the | ||||||
4 | property was found if that person is known and if the person in | ||||||
5 | possession is not the owner of the property. If neither the | ||||||
6 | owner nor the person in possession of the property is known, | ||||||
7 | the Department of Revenue must cause publication of the order | ||||||
8 | to be made at least once each week for 3 weeks successively in | ||||||
9 | a newspaper of general circulation in the county where the | ||||||
10 | hearing was held. | ||||||
11 | (Source: P.A. 101-2, eff. 7-1-19; 102-538, eff. 8-20-21; | ||||||
12 | 102-575, eff. 1-1-22; 102-813, eff. 5-13-22.)
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13 | (720 ILCS 675/2) (from Ch. 23, par. 2358) | ||||||
14 | Sec. 2. Penalties. | ||||||
15 | (a) Any person who violates subsection (a), (a-5), | ||||||
16 | (a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty | ||||||
17 | of a petty offense. For the first offense in a 24-month period, | ||||||
18 | the person shall be fined $200 if his or her employer has a | ||||||
19 | training program that facilitates compliance with minimum-age | ||||||
20 | tobacco laws. For the second offense in a 24-month period, the | ||||||
21 | person shall be fined $400 if his or her employer has a | ||||||
22 | training program that facilitates compliance with minimum-age | ||||||
23 | tobacco laws. For the third offense in a 24-month period, the | ||||||
24 | person shall be fined $600 if his or her employer has a | ||||||
25 | training program that facilitates compliance with minimum-age |
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1 | tobacco laws. For the fourth or subsequent offense in a | ||||||
2 | 24-month period, the person shall be fined $800 if his or her | ||||||
3 | employer has a training program that facilitates compliance | ||||||
4 | with minimum-age tobacco laws. For the purposes of this | ||||||
5 | subsection, the 24-month period shall begin with the person's | ||||||
6 | first violation of the Act. The penalties in this subsection | ||||||
7 | are in addition to any other penalties prescribed under the | ||||||
8 | Cigarette Tax Act and the Tobacco Products Tax Act of 1995. | ||||||
9 | (a-1) Any person who violates subsection (a-7.5) of | ||||||
10 | Section 1 is guilty of a petty offense. For the first offense | ||||||
11 | in a 24-month period, the person shall be fined $200. For the | ||||||
12 | second offense in a 24-month period, the person shall be fined | ||||||
13 | $400. For the third offense in a 24-month period, the person | ||||||
14 | shall be fined $600. For the fourth or subsequent offense in a | ||||||
15 | 24-month period, the person shall be fined $800. For the | ||||||
16 | purposes of this subsection, the 24-month period shall begin | ||||||
17 | with the person's first violation of the Act. | ||||||
18 | (a-5) Any retailer who violates subsection (a), (a-5), | ||||||
19 | (a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty | ||||||
20 | of a petty offense. For the first offense in a 24-month period, | ||||||
21 | the retailer shall be fined $200 if it does not have a training | ||||||
22 | program that facilitates compliance with minimum-age tobacco | ||||||
23 | laws. For the second offense in a 24-month period, the | ||||||
24 | retailer shall be fined $400 if it does not have a training | ||||||
25 | program that facilitates compliance with minimum-age tobacco | ||||||
26 | laws. For the third offense within a 24-month period, the |
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1 | retailer shall be fined $600 if it does not have a training | ||||||
2 | program that facilitates compliance with minimum-age tobacco | ||||||
3 | laws. For the fourth or subsequent offense in a 24-month | ||||||
4 | period, the retailer shall be fined $800 if it does not have a | ||||||
5 | training program that facilitates compliance with minimum-age | ||||||
6 | tobacco laws. For the purposes of this subsection, the | ||||||
7 | 24-month period shall begin with the person's first violation | ||||||
8 | of the Act. The penalties in this subsection are in addition to | ||||||
9 | any other penalties prescribed under the Cigarette Tax Act and | ||||||
10 | the Tobacco Products Tax Act of 1995. | ||||||
11 | (a-6) For the purpose of this Act, a training program that | ||||||
12 | facilitates compliance with minimum-age tobacco laws must | ||||||
13 | include at least the following elements: (i) it must explain | ||||||
14 | that only individuals displaying valid identification | ||||||
15 | demonstrating that they are 21 years of age or older shall be | ||||||
16 | eligible to purchase tobacco products, electronic cigarettes, | ||||||
17 | or alternative nicotine products and (ii) it must explain | ||||||
18 | where a clerk can check identification for a date of birth. The | ||||||
19 | training may be conducted electronically. Each retailer that | ||||||
20 | has a training program shall require each employee who | ||||||
21 | completes the training program to sign a form attesting that | ||||||
22 | the employee has received and completed tobacco training. The | ||||||
23 | form shall be kept in the employee's file and may be used to | ||||||
24 | provide proof of training. | ||||||
25 | (b) If a person under 21 years of age violates subsection | ||||||
26 | (a-6) of Section 1, he or she is guilty of a Class A |
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