Bill Text: IL HB3178 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Changes the short title of the Act to the Cigarette, Electronic Cigarette, and Alternative Nicotine Product Act. Raises the minimum age for the purchase, possession, and use of tobacco products, electronic cigarettes, and alternative nicotine products from 18 years of age to 21 years of age. Authorizes the Secretary of State to issue a smoking license to a person who: (1) is at least 18 years of age but under 21 years of age; (2) has completed the 8-hour online educational program regarding the dangers and consequences of smoking as verified by the Department of Public Health; and (3) has paid a $50 fee to the Secretary of State. Provides for penalties and other matters. Repeals the Smokeless Tobacco Limitation Act. Amends various other Acts to make conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3178 Detail]

Download: Illinois-2019-HB3178-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3178

Introduced , by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:
See Index

Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Changes the short title of the Act to the Cigarette, Electronic Cigarette, and Alternative Nicotine Product Act. Raises the minimum age for the purchase, possession, and use of tobacco products, electronic cigarettes, and alternative nicotine products from 18 years of age to 21 years of age. Authorizes the Secretary of State to issue a smoking license to a person who: (1) is at least 18 years of age but under 21 years of age; (2) has completed the 8-hour online educational program regarding the dangers and consequences of smoking as verified by the Department of Public Health; and (3) has paid a $50 fee to the Secretary of State. Provides for penalties and other matters. Repeals the Smokeless Tobacco Limitation Act. Amends various other Acts to make conforming changes.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3178LRB101 09496 CPF 54594 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Cigarette Tax Act is amended by changing
5Section 6 as follows:
6 (35 ILCS 130/6) (from Ch. 120, par. 453.6)
7 Sec. 6. Revocation, cancellation, or suspension of
8license. The Department may, after notice and hearing as
9provided for by this Act, revoke, cancel or suspend the license
10of any distributor, secondary distributor, or retailer for the
11violation of any provision of this Act, or for noncompliance
12with any provision herein contained, or for any noncompliance
13with any lawful rule or regulation promulgated by the
14Department under Section 8 of this Act, or because the licensee
15is determined to be ineligible for a distributor's license for
16any one or more of the reasons provided for in Section 4 of
17this Act, or because the licensee is determined to be
18ineligible for a secondary distributor's license for any one or
19more of the reasons provided for in Section 4c of this Act, or
20because the licensee is determined to be ineligible for a
21retailer's license for any one or more of the reasons provided
22for in Section 4g of this Act. However, no such license shall
23be revoked, cancelled or suspended, except after a hearing by

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1the Department with notice to the distributor, secondary
2distributor, or retailer, as aforesaid, and affording such
3distributor, secondary distributor, or retailer a reasonable
4opportunity to appear and defend, and any distributor,
5secondary distributor, or retailer aggrieved by any decision of
6the Department with respect thereto may have the determination
7of the Department judicially reviewed, as herein provided.
8 The Department may revoke, cancel, or suspend the license
9of any distributor for a violation of the Tobacco Product
10Manufacturers' Escrow Enforcement Act as provided in Section 30
11of that Act. The Department may revoke, cancel, or suspend the
12license of any secondary distributor for a violation of
13subsection (e) of Section 15 of the Tobacco Product
14Manufacturers' Escrow Enforcement Act.
15 If the retailer has a training program that facilitates
16compliance with minimum-age tobacco laws, the Department shall
17suspend for 3 days the license of that retailer for a fourth or
18subsequent violation of the Cigarette, Electronic Cigarette,
19and Alternative Nicotine Product Prevention of Tobacco Use by
20Minors and Sale and Distribution of Tobacco Products Act, as
21provided in subsection (a) of Section 2 of that Act. For the
22purposes of this Section, any violation of subsection (a) of
23Section 2 of the Cigarette, Electronic Cigarette, and
24Alternative Nicotine Product Prevention of Tobacco Use by
25Minors and Sale and Distribution of Tobacco Products Act
26occurring at the retailer's licensed location during a 24-month

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1period shall be counted as a violation against the retailer.
2 If the retailer does not have a training program that
3facilitates compliance with minimum-age tobacco laws, the
4Department shall suspend for 3 days the license of that
5retailer for a second violation of the Cigarette, Electronic
6Cigarette, and Alternative Nicotine Product Prevention of
7Tobacco Use by Minors and Sale and Distribution of Tobacco
8Products Act, as provided in subsection (a-5) of Section 2 of
9that Act.
10 If the retailer does not have a training program that
11facilitates compliance with minimum-age tobacco laws, the
12Department shall suspend for 7 days the license of that
13retailer for a third violation of the Cigarette, Electronic
14Cigarette, and Alternative Nicotine Product Prevention of
15Tobacco Use by Minors and Sale and Distribution of Tobacco
16Products Act, as provided in subsection (a-5) of Section 2 of
17that Act.
18 If the retailer does not have a training program that
19facilitates compliance with minimum-age tobacco laws, the
20Department shall suspend for 30 days the license of a retailer
21for a fourth or subsequent violation of the Cigarette,
22Electronic Cigarette, and Alternative Nicotine Product
23Prevention of Tobacco Use by Minors and Sale and Distribution
24of Tobacco Products Act, as provided in subsection (a-5) of
25Section 2 of that Act.
26 A training program that facilitates compliance with

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1minimum-age tobacco laws must include at least the following
2elements: (i) it must explain that only individuals displaying
3valid identification demonstrating that they are 21 18 years of
4age or older shall be eligible to purchase cigarettes or
5tobacco products and (ii) it must explain where a clerk can
6check identification for a date of birth; and (iii) it must
7explain Section 1.1 of the Cigarette, Electronic Cigarette, and
8Alternative Nicotine Product Act and provide advice to assist
9in ascertaining the authenticity of smoking licenses issued
10under that Act. The training may be conducted electronically.
11Each retailer that has a training program shall require each
12employee who completes the training program to sign a form
13attesting that the employee has received and completed tobacco
14training. The form shall be kept in the employee's file and may
15be used to provide proof of training.
16 Nothing in this Section shall be construed to prohibit
17sales of tobacco products, electronic cigarettes, and
18alternative nicotine products to the holder of a smoking
19license under Section 1.1 of the Cigarette, Electronic
20Cigarette, and Alternative Nicotine Product Act.
21 Any distributor, secondary distributor, or retailer
22aggrieved by any decision of the Department under this Section
23may, within 20 days after notice of the decision, protest and
24request a hearing. Upon receiving a request for a hearing, the
25Department shall give notice in writing to the distributor,
26secondary distributor, or retailer requesting the hearing that

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1contains a statement of the charges preferred against the
2distributor, secondary distributor, or retailer and that
3states the time and place fixed for the hearing. The Department
4shall hold the hearing in conformity with the provisions of
5this Act and then issue its final administrative decision in
6the matter to the distributor, secondary distributor, or
7retailer. In the absence of a protest and request for a hearing
8within 20 days, the Department's decision shall become final
9without any further determination being made or notice given.
10 No license so revoked, as aforesaid, shall be reissued to
11any such distributor, secondary distributor, or retailer
12within a period of 6 months after the date of the final
13determination of such revocation. No such license shall be
14reissued at all so long as the person who would receive the
15license is ineligible to receive a distributor's license under
16this Act for any one or more of the reasons provided for in
17Section 4 of this Act, is ineligible to receive a secondary
18distributor's license under this Act for any one or more of the
19reasons provided for in Section 4c of this Act, or is
20determined to be ineligible for a retailer's license under the
21Act for any one or more of the reasons provided for in Section
224g of this Act.
23 The Department upon complaint filed in the circuit court
24may by injunction restrain any person who fails, or refuses, to
25comply with any of the provisions of this Act from acting as a
26distributor, secondary distributor, or retailer of cigarettes

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1in this State.
2(Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)
3 Section 10. The Tobacco Products Tax Act of 1995 is amended
4by changing Section 10-25 as follows:
5 (35 ILCS 143/10-25)
6 Sec. 10-25. License actions.
7 (a) The Department may, after notice and a hearing, revoke,
8cancel, or suspend the license of any distributor or retailer
9who violates any of the provisions of this Act, fails to keep
10books and records as required under this Act, fails to make
11books and records available for inspection upon demand by a
12duly authorized employee of the Department, or violates a rule
13or regulation of the Department for the administration and
14enforcement of this Act. The notice shall specify the alleged
15violation or violations upon which the revocation,
16cancellation, or suspension proceeding is based.
17 (b) The Department may revoke, cancel, or suspend the
18license of any distributor for a violation of the Tobacco
19Product Manufacturers' Escrow Enforcement Act as provided in
20Section 20 of that Act.
21 (c) If the retailer has a training program that facilitates
22compliance with minimum-age tobacco laws, the Department shall
23suspend for 3 days the license of that retailer for a fourth or
24subsequent violation of the Cigarette, Electronic Cigarette,

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1and Alternative Nicotine Product Prevention of Tobacco Use by
2Minors and Sale and Distribution of Tobacco Products Act, as
3provided in subsection (a) of Section 2 of that Act. For the
4purposes of this Section, any violation of subsection (a) of
5Section 2 of the Cigarette, Electronic Cigarette, and
6Alternative Nicotine Product Prevention of Tobacco Use by
7Minors and Sale and Distribution of Tobacco Products Act
8occurring at the retailer's licensed location, during a
924-month period, shall be counted as a violation against the
10retailer.
11 If the retailer does not have a training program that
12facilitates compliance with minimum-age tobacco laws, the
13Department shall suspend for 3 days the license of that
14retailer for a second violation of the Cigarette, Electronic
15Cigarette, and Alternative Nicotine Product Prevention of
16Tobacco Use by Minors and Sale and Distribution of Tobacco
17Products Act, as provided in subsection (a-5) of Section 2 of
18that Act.
19 If the retailer does not have a training program that
20facilitates compliance with minimum-age tobacco laws, the
21Department shall suspend for 7 days the license of that
22retailer for a third violation of the Cigarette, Electronic
23Cigarette, and Alternative Nicotine Product Prevention of
24Tobacco Use by Minors and Sale and Distribution of Tobacco
25Products Act, as provided in subsection (a-5) of Section 2 of
26that Act.

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1 If the retailer does not have a training program that
2facilitates compliance with minimum-age tobacco laws, the
3Department shall suspend for 30 days the license of a retailer
4for a fourth or subsequent violation of the Cigarette,
5Electronic Cigarette, and Alternative Nicotine Product
6Prevention of Tobacco Use by Minors and Sale and Distribution
7of Tobacco Products Act, as provided in subsection (a-5) of
8Section 2 of that Act.
9 A training program that facilitates compliance with
10minimum-age tobacco laws must include at least the following
11elements: (i) it must explain that only individuals displaying
12valid identification demonstrating that they are 21 18 years of
13age or older shall be eligible to purchase cigarettes or
14tobacco products and (ii) it must explain where a clerk can
15check identification for a date of birth; and (iii) it must
16explain Section 1.1 of the Cigarette, Electronic Cigarette, and
17Alternative Nicotine Product Act and provide advice to assist
18in ascertaining the authenticity of smoking licenses issued
19under that Act. The training may be conducted electronically.
20Each retailer that has a training program shall require each
21employee who completes the training program to sign a form
22attesting that the employee has received and completed tobacco
23training. The form shall be kept in the employee's file and may
24be used to provide proof of training.
25 Nothing in this Section shall be construed to prohibit
26sales of tobacco products, electronic cigarettes, and

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1alternative nicotine products to the holder of a smoking
2license under Section 1.1 of the Cigarette, Electronic
3Cigarette, and Alternative Nicotine Product Act.
4 (d) The Department may, by application to any circuit
5court, obtain an injunction restraining any person who engages
6in business as a distributor of tobacco products without a
7license (either because his or her license has been revoked,
8canceled, or suspended or because of a failure to obtain a
9license in the first instance) from engaging in that business
10until that person, as if that person were a new applicant for a
11license, complies with all of the conditions, restrictions, and
12requirements of Section 10-20 of this Act and qualifies for and
13obtains a license. Refusal or neglect to obey the order of the
14court may result in punishment for contempt.
15(Source: P.A. 99-192, eff. 1-1-16; 100-940, eff. 8-17-18.)
16 Section 15. The Liquor Control Act of 1934 is amended by
17changing Section 6-16.1 as follows:
18 (235 ILCS 5/6-16.1)
19 Sec. 6-16.1. Enforcement actions.
20 (a) A licensee or an officer, associate, member,
21representative, agent, or employee of a licensee may sell,
22give, or deliver alcoholic liquor to a person under the age of
2321 years or authorize the sale, gift, or delivery of alcoholic
24liquor to a person under the age of 21 years pursuant to a plan

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1or action to investigate, patrol, or otherwise conduct a "sting
2operation" or enforcement action against a person employed by
3the licensee or on any licensed premises if the licensee or
4officer, associate, member, representative, agent, or employee
5of the licensee provides written notice, at least 14 days
6before the "sting operation" or enforcement action, unless
7governing body of the municipality or county having
8jurisdiction sets a shorter period by ordinance, to the law
9enforcement agency having jurisdiction, the local liquor
10control commissioner, or both. Notice provided under this
11Section shall be valid for a "sting operation" or enforcement
12action conducted within 60 days of the provision of that
13notice, unless the governing body of the municipality or county
14having jurisdiction sets a shorter period by ordinance.
15 (b) A local liquor control commission or unit of local
16government that conducts alcohol and tobacco compliance
17operations shall establish a policy and standards for alcohol
18and tobacco compliance operations to investigate whether a
19licensee is furnishing (1) alcoholic liquor to persons under 21
20years of age in violation of this Act or (2) tobacco to persons
21in violation of the Cigarette, Electronic Cigarette, and
22Alternative Nicotine Product Prevention of Tobacco Use by
23Minors and Sale and Distribution of Tobacco Products Act.
24 (c) The Illinois Law Enforcement Training Standards Board
25shall develop a model policy and guidelines for the operation
26of alcohol and tobacco compliance checks by local law

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1enforcement officers. The Illinois Law Enforcement Training
2Standards Board shall also require the supervising officers of
3such compliance checks to have met a minimum training standard
4as determined by the Board. The Board shall have the right to
5waive any training based on current written policies and
6procedures for alcohol and tobacco compliance check operations
7and in-service training already administered by the local law
8enforcement agency, department, or office.
9 (d) The provisions of subsections (b) and (c) do not apply
10to a home rule unit with more than 2,000,000 inhabitants.
11 (e) A home rule unit, other than a home rule unit with more
12than 2,000,000 inhabitants, may not regulate enforcement
13actions in a manner inconsistent with the regulation of
14enforcement actions under this Section. This subsection (e) is
15a limitation under subsection (i) of Section 6 of Article VII
16of the Illinois Constitution on the concurrent exercise by home
17rule units of powers and functions exercised by the State.
18 (f) A licensee who is the subject of an enforcement action
19or "sting operation" under this Section and is found, pursuant
20to the enforcement action, to be in compliance with this Act
21shall be notified by the enforcement agency action that no
22violation was found within 30 days after the finding.
23(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
2496-1000, eff. 7-2-10.)
25 Section 20. The Juvenile Court Act of 1987 is amended by

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1changing Sections 5-615 and 5-710 as follows:
2 (705 ILCS 405/5-615)
3 Sec. 5-615. Continuance under supervision.
4 (1) The court may enter an order of continuance under
5supervision for an offense other than first degree murder, a
6Class X felony or a forcible felony:
7 (a) upon an admission or stipulation by the appropriate
8 respondent or minor respondent of the facts supporting the
9 petition and before the court makes a finding of
10 delinquency, and in the absence of objection made in open
11 court by the minor, his or her parent, guardian, or legal
12 custodian, the minor's attorney or the State's Attorney; or
13 (b) upon a finding of delinquency and after considering
14 the circumstances of the offense and the history,
15 character, and condition of the minor, if the court is of
16 the opinion that:
17 (i) the minor is not likely to commit further
18 crimes;
19 (ii) the minor and the public would be best served
20 if the minor were not to receive a criminal record; and
21 (iii) in the best interests of justice an order of
22 continuance under supervision is more appropriate than
23 a sentence otherwise permitted under this Act.
24 (2) (Blank).
25 (3) Nothing in this Section limits the power of the court

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1to order a continuance of the hearing for the production of
2additional evidence or for any other proper reason.
3 (4) When a hearing where a minor is alleged to be a
4delinquent is continued pursuant to this Section, the period of
5continuance under supervision may not exceed 24 months. The
6court may terminate a continuance under supervision at any time
7if warranted by the conduct of the minor and the ends of
8justice or vacate the finding of delinquency or both.
9 (5) When a hearing where a minor is alleged to be
10delinquent is continued pursuant to this Section, the court
11may, as conditions of the continuance under supervision,
12require the minor to do any of the following:
13 (a) not violate any criminal statute of any
14 jurisdiction;
15 (b) make a report to and appear in person before any
16 person or agency as directed by the court;
17 (c) work or pursue a course of study or vocational
18 training;
19 (d) undergo medical or psychotherapeutic treatment
20 rendered by a therapist licensed under the provisions of
21 the Medical Practice Act of 1987, the Clinical Psychologist
22 Licensing Act, or the Clinical Social Work and Social Work
23 Practice Act, or an entity licensed by the Department of
24 Human Services as a successor to the Department of
25 Alcoholism and Substance Abuse, for the provision of
26 substance use disorder services as defined in Section 1-10

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1 of the Substance Use Disorder Act;
2 (e) attend or reside in a facility established for the
3 instruction or residence of persons on probation;
4 (f) support his or her dependents, if any;
5 (g) pay costs;
6 (h) refrain from possessing a firearm or other
7 dangerous weapon, or an automobile;
8 (i) permit the probation officer to visit him or her at
9 his or her home or elsewhere;
10 (j) reside with his or her parents or in a foster home;
11 (k) attend school;
12 (k-5) with the consent of the superintendent of the
13 facility, attend an educational program at a facility other
14 than the school in which the offense was committed if he or
15 she committed a crime of violence as defined in Section 2
16 of the Crime Victims Compensation Act in a school, on the
17 real property comprising a school, or within 1,000 feet of
18 the real property comprising a school;
19 (l) attend a non-residential program for youth;
20 (m) contribute to his or her own support at home or in
21 a foster home;
22 (n) perform some reasonable public or community
23 service;
24 (o) make restitution to the victim, in the same manner
25 and under the same conditions as provided in subsection (4)
26 of Section 5-710, except that the "sentencing hearing"

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1 referred to in that Section shall be the adjudicatory
2 hearing for purposes of this Section;
3 (p) comply with curfew requirements as designated by
4 the court;
5 (q) refrain from entering into a designated geographic
6 area except upon terms as the court finds appropriate. The
7 terms may include consideration of the purpose of the
8 entry, the time of day, other persons accompanying the
9 minor, and advance approval by a probation officer;
10 (r) refrain from having any contact, directly or
11 indirectly, with certain specified persons or particular
12 types of persons, including but not limited to members of
13 street gangs and drug users or dealers;
14 (r-5) undergo a medical or other procedure to have a
15 tattoo symbolizing allegiance to a street gang removed from
16 his or her body;
17 (s) refrain from having in his or her body the presence
18 of any illicit drug prohibited by the Cannabis Control Act,
19 the Illinois Controlled Substances Act, or the
20 Methamphetamine Control and Community Protection Act,
21 unless prescribed by a physician, and submit samples of his
22 or her blood or urine or both for tests to determine the
23 presence of any illicit drug; or
24 (t) comply with any other conditions as may be ordered
25 by the court.
26 (6) A minor whose case is continued under supervision under

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1subsection (5) shall be given a certificate setting forth the
2conditions imposed by the court. Those conditions may be
3reduced, enlarged, or modified by the court on motion of the
4probation officer or on its own motion, or that of the State's
5Attorney, or, at the request of the minor after notice and
6hearing.
7 (7) If a petition is filed charging a violation of a
8condition of the continuance under supervision, the court shall
9conduct a hearing. If the court finds that a condition of
10supervision has not been fulfilled, the court may proceed to
11findings, adjudication, and disposition or adjudication and
12disposition. The filing of a petition for violation of a
13condition of the continuance under supervision shall toll the
14period of continuance under supervision until the final
15determination of the charge, and the term of the continuance
16under supervision shall not run until the hearing and
17disposition of the petition for violation; provided where the
18petition alleges conduct that does not constitute a criminal
19offense, the hearing must be held within 30 days of the filing
20of the petition unless a delay shall continue the tolling of
21the period of continuance under supervision for the period of
22the delay.
23 (8) When a hearing in which a minor is alleged to be a
24delinquent for reasons that include a violation of Section
2521-1.3 of the Criminal Code of 1961 or the Criminal Code of
262012 is continued under this Section, the court shall, as a

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1condition of the continuance under supervision, require the
2minor to perform community service for not less than 30 and not
3more than 120 hours, if community service is available in the
4jurisdiction. The community service shall include, but need not
5be limited to, the cleanup and repair of the damage that was
6caused by the alleged violation or similar damage to property
7located in the municipality or county in which the alleged
8violation occurred. The condition may be in addition to any
9other condition.
10 (8.5) When a hearing in which a minor is alleged to be a
11delinquent for reasons that include a violation of Section 3.02
12or Section 3.03 of the Humane Care for Animals Act or paragraph
13(d) of subsection (1) of Section 21-1 of the Criminal Code of
141961 or paragraph (4) of subsection (a) of Section 21-1 or the
15Criminal Code of 2012 is continued under this Section, the
16court shall, as a condition of the continuance under
17supervision, require the minor to undergo medical or
18psychiatric treatment rendered by a psychiatrist or
19psychological treatment rendered by a clinical psychologist.
20The condition may be in addition to any other condition.
21 (9) When a hearing in which a minor is alleged to be a
22delinquent is continued under this Section, the court, before
23continuing the case, shall make a finding whether the offense
24alleged to have been committed either: (i) was related to or in
25furtherance of the activities of an organized gang or was
26motivated by the minor's membership in or allegiance to an

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1organized gang, or (ii) is a violation of paragraph (13) of
2subsection (a) of Section 12-2 or paragraph (2) of subsection
3(c) of Section 12-2 of the Criminal Code of 1961 or the
4Criminal Code of 2012, a violation of any Section of Article 24
5of the Criminal Code of 1961 or the Criminal Code of 2012, or a
6violation of any statute that involved the unlawful use of a
7firearm. If the court determines the question in the
8affirmative the court shall, as a condition of the continuance
9under supervision and as part of or in addition to any other
10condition of the supervision, require the minor to perform
11community service for not less than 30 hours, provided that
12community service is available in the jurisdiction and is
13funded and approved by the county board of the county where the
14offense was committed. The community service shall include, but
15need not be limited to, the cleanup and repair of any damage
16caused by an alleged violation of Section 21-1.3 of the
17Criminal Code of 1961 or the Criminal Code of 2012 and similar
18damage to property located in the municipality or county in
19which the alleged violation occurred. When possible and
20reasonable, the community service shall be performed in the
21minor's neighborhood. For the purposes of this Section,
22"organized gang" has the meaning ascribed to it in Section 10
23of the Illinois Streetgang Terrorism Omnibus Prevention Act.
24 (10) The court shall impose upon a minor placed on
25supervision, as a condition of the supervision, a fee of $50
26for each month of supervision ordered by the court, unless

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1after determining the inability of the minor placed on
2supervision to pay the fee, the court assesses a lesser amount.
3The court may not impose the fee on a minor who is placed in the
4guardianship or custody of the Department of Children and
5Family Services under this Act while the minor is in placement.
6The fee shall be imposed only upon a minor who is actively
7supervised by the probation and court services department. A
8court may order the parent, guardian, or legal custodian of the
9minor to pay some or all of the fee on the minor's behalf.
10 (11) (Blank). If a minor is placed on supervision for a
11violation of subsection (a-7) of Section 1 of the Prevention of
12Tobacco Use by Minors Act, the court may, in its discretion,
13and upon recommendation by the State's Attorney, order that
14minor and his or her parents or legal guardian to attend a
15smoker's education or youth diversion program as defined in
16that Act if that program is available in the jurisdiction where
17the offender resides. Attendance at a smoker's education or
18youth diversion program shall be time-credited against any
19community service time imposed for any first violation of
20subsection (a-7) of Section 1 of that Act. In addition to any
21other penalty that the court may impose for a violation of
22subsection (a-7) of Section 1 of that Act, the court, upon
23request by the State's Attorney, may in its discretion require
24the offender to remit a fee for his or her attendance at a
25smoker's education or youth diversion program.
26 For purposes of this Section, "smoker's education program"

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1or "youth diversion program" includes, but is not limited to, a
2seminar designed to educate a person on the physical and
3psychological effects of smoking tobacco products and the
4health consequences of smoking tobacco products that can be
5conducted with a locality's youth diversion program.
6 In addition to any other penalty that the court may impose
7under this subsection (11):
8 (a) If a minor violates subsection (a-7) of Section 1
9 of the Prevention of Tobacco Use by Minors Act, the court
10 may impose a sentence of 15 hours of community service or a
11 fine of $25 for a first violation.
12 (b) A second violation by a minor of subsection (a-7)
13 of Section 1 of that Act that occurs within 12 months after
14 the first violation is punishable by a fine of $50 and 25
15 hours of community service.
16 (c) A third or subsequent violation by a minor of
17 subsection (a-7) of Section 1 of that Act that occurs
18 within 12 months after the first violation is punishable by
19 a $100 fine and 30 hours of community service.
20 (d) Any second or subsequent violation not within the
21 12-month time period after the first violation is
22 punishable as provided for a first violation.
23(Source: P.A. 100-159, eff. 8-18-17; 100-759, eff. 1-1-19.)
24 (705 ILCS 405/5-710)
25 Sec. 5-710. Kinds of sentencing orders.

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1 (1) The following kinds of sentencing orders may be made in
2respect of wards of the court:
3 (a) Except as provided in Sections 5-805, 5-810, and
4 5-815, a minor who is found guilty under Section 5-620 may
5 be:
6 (i) put on probation or conditional discharge and
7 released to his or her parents, guardian or legal
8 custodian, provided, however, that any such minor who
9 is not committed to the Department of Juvenile Justice
10 under this subsection and who is found to be a
11 delinquent for an offense which is first degree murder,
12 a Class X felony, or a forcible felony shall be placed
13 on probation;
14 (ii) placed in accordance with Section 5-740, with
15 or without also being put on probation or conditional
16 discharge;
17 (iii) required to undergo a substance abuse
18 assessment conducted by a licensed provider and
19 participate in the indicated clinical level of care;
20 (iv) on and after the effective date of this
21 amendatory Act of the 98th General Assembly and before
22 January 1, 2017, placed in the guardianship of the
23 Department of Children and Family Services, but only if
24 the delinquent minor is under 16 years of age or,
25 pursuant to Article II of this Act, a minor for whom an
26 independent basis of abuse, neglect, or dependency

HB3178- 22 -LRB101 09496 CPF 54594 b
1 exists. On and after January 1, 2017, placed in the
2 guardianship of the Department of Children and Family
3 Services, but only if the delinquent minor is under 15
4 years of age or, pursuant to Article II of this Act, a
5 minor for whom an independent basis of abuse, neglect,
6 or dependency exists. An independent basis exists when
7 the allegations or adjudication of abuse, neglect, or
8 dependency do not arise from the same facts, incident,
9 or circumstances which give rise to a charge or
10 adjudication of delinquency;
11 (v) placed in detention for a period not to exceed
12 30 days, either as the exclusive order of disposition
13 or, where appropriate, in conjunction with any other
14 order of disposition issued under this paragraph,
15 provided that any such detention shall be in a juvenile
16 detention home and the minor so detained shall be 10
17 years of age or older. However, the 30-day limitation
18 may be extended by further order of the court for a
19 minor under age 15 committed to the Department of
20 Children and Family Services if the court finds that
21 the minor is a danger to himself or others. The minor
22 shall be given credit on the sentencing order of
23 detention for time spent in detention under Sections
24 5-501, 5-601, 5-710, or 5-720 of this Article as a
25 result of the offense for which the sentencing order
26 was imposed. The court may grant credit on a sentencing

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1 order of detention entered under a violation of
2 probation or violation of conditional discharge under
3 Section 5-720 of this Article for time spent in
4 detention before the filing of the petition alleging
5 the violation. A minor shall not be deprived of credit
6 for time spent in detention before the filing of a
7 violation of probation or conditional discharge
8 alleging the same or related act or acts. The
9 limitation that the minor shall only be placed in a
10 juvenile detention home does not apply as follows:
11 Persons 18 years of age and older who have a
12 petition of delinquency filed against them may be
13 confined in an adult detention facility. In making a
14 determination whether to confine a person 18 years of
15 age or older who has a petition of delinquency filed
16 against the person, these factors, among other
17 matters, shall be considered:
18 (A) the age of the person;
19 (B) any previous delinquent or criminal
20 history of the person;
21 (C) any previous abuse or neglect history of
22 the person;
23 (D) any mental health history of the person;
24 and
25 (E) any educational history of the person;
26 (vi) ordered partially or completely emancipated

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1 in accordance with the provisions of the Emancipation
2 of Minors Act;
3 (vii) subject to having his or her driver's license
4 or driving privileges suspended for such time as
5 determined by the court but only until he or she
6 attains 18 years of age;
7 (viii) put on probation or conditional discharge
8 and placed in detention under Section 3-6039 of the
9 Counties Code for a period not to exceed the period of
10 incarceration permitted by law for adults found guilty
11 of the same offense or offenses for which the minor was
12 adjudicated delinquent, and in any event no longer than
13 upon attainment of age 21; this subdivision (viii)
14 notwithstanding any contrary provision of the law;
15 (ix) ordered to undergo a medical or other
16 procedure to have a tattoo symbolizing allegiance to a
17 street gang removed from his or her body; or
18 (x) placed in electronic monitoring or home
19 detention under Part 7A of this Article.
20 (b) A minor found to be guilty may be committed to the
21 Department of Juvenile Justice under Section 5-750 if the
22 minor is at least 13 years and under 20 years of age,
23 provided that the commitment to the Department of Juvenile
24 Justice shall be made only if the minor was found guilty of
25 a felony offense or first degree murder. The court shall
26 include in the sentencing order any pre-custody credits the

HB3178- 25 -LRB101 09496 CPF 54594 b
1 minor is entitled to under Section 5-4.5-100 of the Unified
2 Code of Corrections. The time during which a minor is in
3 custody before being released upon the request of a parent,
4 guardian or legal custodian shall also be considered as
5 time spent in custody.
6 (c) When a minor is found to be guilty for an offense
7 which is a violation of the Illinois Controlled Substances
8 Act, the Cannabis Control Act, or the Methamphetamine
9 Control and Community Protection Act and made a ward of the
10 court, the court may enter a disposition order requiring
11 the minor to undergo assessment, counseling or treatment in
12 a substance use disorder treatment program approved by the
13 Department of Human Services.
14 (2) Any sentencing order other than commitment to the
15Department of Juvenile Justice may provide for protective
16supervision under Section 5-725 and may include an order of
17protection under Section 5-730.
18 (3) Unless the sentencing order expressly so provides, it
19does not operate to close proceedings on the pending petition,
20but is subject to modification until final closing and
21discharge of the proceedings under Section 5-750.
22 (4) In addition to any other sentence, the court may order
23any minor found to be delinquent to make restitution, in
24monetary or non-monetary form, under the terms and conditions
25of Section 5-5-6 of the Unified Code of Corrections, except
26that the "presentencing hearing" referred to in that Section

HB3178- 26 -LRB101 09496 CPF 54594 b
1shall be the sentencing hearing for purposes of this Section.
2The parent, guardian or legal custodian of the minor may be
3ordered by the court to pay some or all of the restitution on
4the minor's behalf, pursuant to the Parental Responsibility
5Law. The State's Attorney is authorized to act on behalf of any
6victim in seeking restitution in proceedings under this
7Section, up to the maximum amount allowed in Section 5 of the
8Parental Responsibility Law.
9 (5) Any sentencing order where the minor is committed or
10placed in accordance with Section 5-740 shall provide for the
11parents or guardian of the estate of the minor to pay to the
12legal custodian or guardian of the person of the minor such
13sums as are determined by the custodian or guardian of the
14person of the minor as necessary for the minor's needs. The
15payments may not exceed the maximum amounts provided for by
16Section 9.1 of the Children and Family Services Act.
17 (6) Whenever the sentencing order requires the minor to
18attend school or participate in a program of training, the
19truant officer or designated school official shall regularly
20report to the court if the minor is a chronic or habitual
21truant under Section 26-2a of the School Code. Notwithstanding
22any other provision of this Act, in instances in which
23educational services are to be provided to a minor in a
24residential facility where the minor has been placed by the
25court, costs incurred in the provision of those educational
26services must be allocated based on the requirements of the

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1School Code.
2 (7) In no event shall a guilty minor be committed to the
3Department of Juvenile Justice for a period of time in excess
4of that period for which an adult could be committed for the
5same act. The court shall include in the sentencing order a
6limitation on the period of confinement not to exceed the
7maximum period of imprisonment the court could impose under
8Article V of the Unified Code of Corrections.
9 (7.5) In no event shall a guilty minor be committed to the
10Department of Juvenile Justice or placed in detention when the
11act for which the minor was adjudicated delinquent would not be
12illegal if committed by an adult.
13 (7.6) In no event shall a guilty minor be committed to the
14Department of Juvenile Justice for an offense which is a Class
154 felony under Section 19-4 (criminal trespass to a residence),
1621-1 (criminal damage to property), 21-1.01 (criminal damage to
17government supported property), 21-1.3 (criminal defacement of
18property), 26-1 (disorderly conduct), or 31-4 (obstructing
19justice) of the Criminal Code of 2012.
20 (7.75) In no event shall a guilty minor be committed to the
21Department of Juvenile Justice for an offense that is a Class 3
22or Class 4 felony violation of the Illinois Controlled
23Substances Act unless the commitment occurs upon a third or
24subsequent judicial finding of a violation of probation for
25substantial noncompliance with court-ordered treatment or
26programming.

HB3178- 28 -LRB101 09496 CPF 54594 b
1 (8) A minor found to be guilty for reasons that include a
2violation of Section 21-1.3 of the Criminal Code of 1961 or the
3Criminal Code of 2012 shall be ordered to perform community
4service for not less than 30 and not more than 120 hours, if
5community service is available in the jurisdiction. The
6community service shall include, but need not be limited to,
7the cleanup and repair of the damage that was caused by the
8violation or similar damage to property located in the
9municipality or county in which the violation occurred. The
10order may be in addition to any other order authorized by this
11Section.
12 (8.5) A minor found to be guilty for reasons that include a
13violation of Section 3.02 or Section 3.03 of the Humane Care
14for Animals Act or paragraph (d) of subsection (1) of Section
1521-1 of the Criminal Code of 1961 or paragraph (4) of
16subsection (a) of Section 21-1 of the Criminal Code of 2012
17shall be ordered to undergo medical or psychiatric treatment
18rendered by a psychiatrist or psychological treatment rendered
19by a clinical psychologist. The order may be in addition to any
20other order authorized by this Section.
21 (9) In addition to any other sentencing order, the court
22shall order any minor found to be guilty for an act which would
23constitute, predatory criminal sexual assault of a child,
24aggravated criminal sexual assault, criminal sexual assault,
25aggravated criminal sexual abuse, or criminal sexual abuse if
26committed by an adult to undergo medical testing to determine

HB3178- 29 -LRB101 09496 CPF 54594 b
1whether the defendant has any sexually transmissible disease
2including a test for infection with human immunodeficiency
3virus (HIV) or any other identified causative agency of
4acquired immunodeficiency syndrome (AIDS). Any medical test
5shall be performed only by appropriately licensed medical
6practitioners and may include an analysis of any bodily fluids
7as well as an examination of the minor's person. Except as
8otherwise provided by law, the results of the test shall be
9kept strictly confidential by all medical personnel involved in
10the testing and must be personally delivered in a sealed
11envelope to the judge of the court in which the sentencing
12order was entered for the judge's inspection in camera. Acting
13in accordance with the best interests of the victim and the
14public, the judge shall have the discretion to determine to
15whom the results of the testing may be revealed. The court
16shall notify the minor of the results of the test for infection
17with the human immunodeficiency virus (HIV). The court shall
18also notify the victim if requested by the victim, and if the
19victim is under the age of 15 and if requested by the victim's
20parents or legal guardian, the court shall notify the victim's
21parents or the legal guardian, of the results of the test for
22infection with the human immunodeficiency virus (HIV). The
23court shall provide information on the availability of HIV
24testing and counseling at the Department of Public Health
25facilities to all parties to whom the results of the testing
26are revealed. The court shall order that the cost of any test

HB3178- 30 -LRB101 09496 CPF 54594 b
1shall be paid by the county and may be taxed as costs against
2the minor.
3 (10) When a court finds a minor to be guilty the court
4shall, before entering a sentencing order under this Section,
5make a finding whether the offense committed either: (a) was
6related to or in furtherance of the criminal activities of an
7organized gang or was motivated by the minor's membership in or
8allegiance to an organized gang, or (b) involved a violation of
9subsection (a) of Section 12-7.1 of the Criminal Code of 1961
10or the Criminal Code of 2012, a violation of any Section of
11Article 24 of the Criminal Code of 1961 or the Criminal Code of
122012, or a violation of any statute that involved the wrongful
13use of a firearm. If the court determines the question in the
14affirmative, and the court does not commit the minor to the
15Department of Juvenile Justice, the court shall order the minor
16to perform community service for not less than 30 hours nor
17more than 120 hours, provided that community service is
18available in the jurisdiction and is funded and approved by the
19county board of the county where the offense was committed. The
20community service shall include, but need not be limited to,
21the cleanup and repair of any damage caused by a violation of
22Section 21-1.3 of the Criminal Code of 1961 or the Criminal
23Code of 2012 and similar damage to property located in the
24municipality or county in which the violation occurred. When
25possible and reasonable, the community service shall be
26performed in the minor's neighborhood. This order shall be in

HB3178- 31 -LRB101 09496 CPF 54594 b
1addition to any other order authorized by this Section except
2for an order to place the minor in the custody of the
3Department of Juvenile Justice. For the purposes of this
4Section, "organized gang" has the meaning ascribed to it in
5Section 10 of the Illinois Streetgang Terrorism Omnibus
6Prevention Act.
7 (11) If the court determines that the offense was committed
8in furtherance of the criminal activities of an organized gang,
9as provided in subsection (10), and that the offense involved
10the operation or use of a motor vehicle or the use of a
11driver's license or permit, the court shall notify the
12Secretary of State of that determination and of the period for
13which the minor shall be denied driving privileges. If, at the
14time of the determination, the minor does not hold a driver's
15license or permit, the court shall provide that the minor shall
16not be issued a driver's license or permit until his or her
1718th birthday. If the minor holds a driver's license or permit
18at the time of the determination, the court shall provide that
19the minor's driver's license or permit shall be revoked until
20his or her 21st birthday, or until a later date or occurrence
21determined by the court. If the minor holds a driver's license
22at the time of the determination, the court may direct the
23Secretary of State to issue the minor a judicial driving
24permit, also known as a JDP. The JDP shall be subject to the
25same terms as a JDP issued under Section 6-206.1 of the
26Illinois Vehicle Code, except that the court may direct that

HB3178- 32 -LRB101 09496 CPF 54594 b
1the JDP be effective immediately.
2 (12) (Blank). If a minor is found to be guilty of a
3violation of subsection (a-7) of Section 1 of the Prevention of
4Tobacco Use by Minors Act, the court may, in its discretion,
5and upon recommendation by the State's Attorney, order that
6minor and his or her parents or legal guardian to attend a
7smoker's education or youth diversion program as defined in
8that Act if that program is available in the jurisdiction where
9the offender resides. Attendance at a smoker's education or
10youth diversion program shall be time-credited against any
11community service time imposed for any first violation of
12subsection (a-7) of Section 1 of that Act. In addition to any
13other penalty that the court may impose for a violation of
14subsection (a-7) of Section 1 of that Act, the court, upon
15request by the State's Attorney, may in its discretion require
16the offender to remit a fee for his or her attendance at a
17smoker's education or youth diversion program.
18 For purposes of this Section, "smoker's education program"
19or "youth diversion program" includes, but is not limited to, a
20seminar designed to educate a person on the physical and
21psychological effects of smoking tobacco products and the
22health consequences of smoking tobacco products that can be
23conducted with a locality's youth diversion program.
24 In addition to any other penalty that the court may impose
25under this subsection (12):
26 (a) If a minor violates subsection (a-7) of Section 1

HB3178- 33 -LRB101 09496 CPF 54594 b
1 of the Prevention of Tobacco Use by Minors Act, the court
2 may impose a sentence of 15 hours of community service or a
3 fine of $25 for a first violation.
4 (b) A second violation by a minor of subsection (a-7)
5 of Section 1 of that Act that occurs within 12 months after
6 the first violation is punishable by a fine of $50 and 25
7 hours of community service.
8 (c) A third or subsequent violation by a minor of
9 subsection (a-7) of Section 1 of that Act that occurs
10 within 12 months after the first violation is punishable by
11 a $100 fine and 30 hours of community service.
12 (d) Any second or subsequent violation not within the
13 12-month time period after the first violation is
14 punishable as provided for a first violation.
15(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
16eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
17100-759, eff. 1-1-19.)
18 Section 25. The Prevention of Tobacco Use by Minors and
19Sale and Distribution of Tobacco Products Act is amended by
20changing the title of the Act and Sections 0.01, 1, and 2 and
21by adding Section 1.1 as follows:
22 (720 ILCS 675/Act title)
23An Act concerning tobacco products, electronic cigarettes,
24and alternative nicotine products to prohibit minors from

HB3178- 34 -LRB101 09496 CPF 54594 b
1buying, selling, or possessing tobacco in any of its forms, to
2prohibit selling, giving or furnishing tobacco, in any of its
3forms, to minors, and to prohibit the distribution of tobacco
4samples and providing penalties therefor.
5 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
6 Sec. 0.01. Short title. This Act may be cited as the
7Cigarette, Electronic Cigarette, and Alternative Nicotine
8Product Prevention of Tobacco Use by Minors and Sale and
9Distribution of Tobacco Products Act.
10(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
1196-1000, eff. 7-2-10.)
12 (720 ILCS 675/1) (from Ch. 23, par. 2357)
13 Sec. 1. Tobacco products, electronic cigarettes, and
14alternative nicotine products Prohibition on sale to and
15possession of tobacco by minors; prohibition on the
16distribution of tobacco samples to any person; use of
17identification cards; vending machines; lunch wagons;
18out-of-package sales.
19 (a) Except as provided in Section 1.1, no person under 21
20years of age shall buy any tobacco product, electronic
21cigarette, or alternative nicotine product. No person shall
22sell, buy for, distribute samples of, or furnish any tobacco
23product, electronic cigarette, or alternative nicotine product
24to any person under 21 years of age. No minor under 18 years of

HB3178- 35 -LRB101 09496 CPF 54594 b
1age shall buy any tobacco product. No person shall sell, buy
2for, distribute samples of or furnish any tobacco product to
3any minor under 18 years of age.
4 (a-5) No person under 16 years of age may sell any tobacco
5product, electronic cigarette, or alternative nicotine product
6at a retail establishment selling tobacco products, electronic
7cigarettes, or alternative nicotine products. No minor under 16
8years of age may sell any tobacco product at a retail
9establishment selling tobacco products. This subsection does
10not apply to a sales clerk in a family-owned business which can
11prove that the sales clerk is in fact a son or daughter of the
12owner.
13 (a-5.1) Except as provided in Section 1.1, before selling,
14offering for sale, giving, or furnishing a tobacco product,
15electronic cigarette, or alternative nicotine product to
16another person, the person selling, offering for sale, giving,
17or furnishing the tobacco product, electronic cigarette, or
18alternative nicotine product shall verify that the person is at
19least 21 years of age by:
20 (1) examining from any person that appears to be under
21 30 years of age a government-issued photographic
22 identification that establishes the person to be 21 years
23 of age or older; or
24 (2) for sales of tobacco products, electronic
25 cigarettes, or alternative nicotine products made through
26 the Internet or other remote sales methods, performing an

HB3178- 36 -LRB101 09496 CPF 54594 b
1 age verification through an independent, third party age
2 verification service that compares information available
3 from public records to the personal information entered by
4 the person during the ordering process that establishes the
5 person is 21 years of age or older.
6 (a-6) No person under 21 years of age in the furtherance or
7facilitation of obtaining any tobacco product, electronic
8cigarette, or alternative nicotine product shall display or use
9a false or forged identification card or transfer, alter, or
10deface an identification card. No minor under 18 years of age
11in the furtherance or facilitation of obtaining any tobacco
12product shall display or use a false or forged identification
13card or transfer, alter, or deface an identification card.
14 (a-7) (Blank). No minor under 18 years of age shall
15possess any cigar, cigarette, smokeless tobacco, or tobacco in
16any of its forms.
17 (a-8) A person shall not distribute without charge samples
18of any tobacco product to any other person, regardless of age,
19except for smokeless tobacco in an adult-only facility. :
20 (1) within a retail establishment selling tobacco
21 products, unless the retailer has verified the purchaser's
22 age with a government issued identification;
23 (2) from a lunch wagon; or
24 (3) on a public way as a promotion or advertisement of
25 a tobacco manufacturer or tobacco product.
26 This subsection (a-8) does not apply to the distribution of

HB3178- 37 -LRB101 09496 CPF 54594 b
1a tobacco product, electronic cigarette, or alternative
2nicotine product sample in any adult-only facility.
3 (a-9) For the purpose of this Section:
4 "Adult-only facility" means a facility or restricted
5 area (whether open-air or enclosed) where the operator
6 ensures or has a reasonable basis to believe (such as by
7 checking identification as required under State law, or by
8 checking the identification of any person appearing to be
9 under the age of 30 27) that no person under legal age is
10 present. A facility or restricted area need not be
11 permanently restricted to persons under 21 years of legal
12 age to constitute an adult-only facility, provided that the
13 operator ensures or has a reasonable basis to believe that
14 no person under 21 years of legal age is present during the
15 event or time period in question.
16 "Alternative nicotine product" means a product or
17 device not consisting of or containing tobacco that
18 provides for the ingestion into the body of nicotine,
19 whether by chewing, smoking, absorbing, dissolving,
20 inhaling, snorting, sniffing, or by any other means.
21 "Alternative nicotine product" does not include:
22 cigarettes as defined in Section 1 of the Cigarette Tax Act
23 and tobacco products as defined in Section 10-5 of the
24 Tobacco Products Tax Act of 1995; tobacco product and
25 electronic cigarette as defined in this Section; or any
26 product approved by the United States Food and Drug

HB3178- 38 -LRB101 09496 CPF 54594 b
1 Administration for sale as a tobacco cessation product, as
2 a tobacco dependence product, or for other medical
3 purposes, and is being marketed and sold solely for that
4 approved purpose.
5 "Electronic cigarette" means:
6 (1) any device that employs a battery or other
7 mechanism to heat a solution or substance to produce a
8 vapor or aerosol intended for inhalation;
9 (2) any cartridge or container of a solution or
10 substance intended to be used with or in the device or
11 to refill the device; or
12 (3) any solution or substance, whether or not it
13 contains nicotine intended for use in the device.
14 "Electronic cigarette" includes, but is not limited
15 to, any electronic nicotine delivery system,
16 electronic cigar, electronic cigarillo, electronic
17 pipe, electronic hookah, vape pen, or similar product
18 or device, and any components or parts that can be used
19 to build the product or device. "Electronic cigarette"
20 does not include: cigarettes as defined in Section 1 of
21 the Cigarette Tax Act and tobacco products as defined
22 in Section 10-5 of the Tobacco Products Tax Act of
23 1995; tobacco product and alternative nicotine product
24 as defined in this Section; any product approved by the
25 United States Food and Drug Administration for sale as
26 a tobacco cessation product, as a tobacco dependence

HB3178- 39 -LRB101 09496 CPF 54594 b
1 product, or for other medical purposes, and is being
2 marketed and sold solely for that approved purpose; any
3 asthma inhaler prescribed by a physician for that
4 condition and is being marketed and sold solely for
5 that approved purpose; or any therapeutic product
6 approved for use under the Compassionate Use of Medical
7 Cannabis Pilot Program Act.
8 "Lunch wagon" means a mobile vehicle designed and
9 constructed to transport food and from which food is sold
10 to the general public.
11 "Nicotine" means any form of the chemical nicotine,
12 including any salt or complex, regardless of whether the
13 chemical is naturally or synthetically derived.
14 "Smokeless tobacco" means any tobacco products that
15 are suitable for dipping or chewing.
16 "Tobacco product" means any product containing or made
17 from tobacco that is intended for human consumption,
18 whether smoked, heated, chewed, absorbed, dissolved,
19 inhaled, snorted, sniffed, or ingested by any other means,
20 including, but not limited to, cigarettes, cigars, little
21 cigars, chewing tobacco, pipe tobacco, snuff, snus, and any
22 other smokeless tobacco product which contains tobacco
23 that is finely cut, ground, powdered, or leaf and intended
24 to be placed in the oral cavity. "Tobacco product" includes
25 any component, part, or accessory of a tobacco product,
26 whether or not sold separately. "Tobacco product" does not

HB3178- 40 -LRB101 09496 CPF 54594 b
1 include: an electronic cigarette and alternative nicotine
2 product as defined in this Section; or any product that has
3 been approved by the United States Food and Drug
4 Administration for sale as a tobacco cessation product, as
5 a tobacco dependence product, or for other medical
6 purposes, and is being marketed and sold solely for that
7 approved purpose means any cigar, cigarette, smokeless
8 tobacco, or tobacco in any of its forms.
9 (b) Tobacco products, electronic cigarettes, and
10alternative nicotine products listed in this Section may be
11sold through a vending machine only if such tobacco products,
12electronic cigarettes, and alternative nicotine products are
13not placed together with any non-tobacco product, other than
14matches, in the vending machine and the vending machine is in
15any of the following locations:
16 (1) (Blank).
17 (2) Places to which persons minors under 21 18 years of
18 age are not permitted access at any time.
19 (3) Places where alcoholic beverages are sold and
20 consumed on the premises and vending machine operation is
21 under the direct supervision of the owner or manager.
22 (4) (Blank).
23 (5) (Blank). Places where the vending machine can only
24 be operated by the owner or an employee over age 18 either
25 directly or through a remote control device if the device
26 is inaccessible to all customers.

HB3178- 41 -LRB101 09496 CPF 54594 b
1 (c) (Blank).
2 (d) The sale or distribution by any person of a tobacco
3product as defined in this Section, including but not limited
4to a single or loose cigarette, that is not contained within a
5sealed container, pack, or package as provided by the
6manufacturer, which container, pack, or package bears the
7health warning required by federal law, is prohibited.
8 (e) It is not a violation of this Act for a person under 21
9years of age to purchase a tobacco product, electronic
10cigarette, or alternative nicotine product if the person under
11the age of 21 purchases or is given the tobacco product,
12electronic cigarette, or alternative nicotine product in any of
13its forms from a retail seller of tobacco products, electronic
14cigarettes, or alternative nicotine products or an employee of
15the retail seller pursuant to a plan or action to investigate,
16patrol, or otherwise conduct a "sting operation" or enforcement
17action against a retail seller of tobacco products, electronic
18cigarettes, or alternative nicotine products or a person
19employed by the retail seller of tobacco products, electronic
20cigarettes, or alternative nicotine products or on any premises
21authorized to sell tobacco products, electronic cigarettes, or
22alternative nicotine products to determine if tobacco
23products, electronic cigarettes, or alternative nicotine
24products are being sold or given to persons under 21 years of
25age if the "sting operation" or enforcement action is approved
26by, conducted by, or conducted on behalf of the Department of

HB3178- 42 -LRB101 09496 CPF 54594 b
1State Police, the county sheriff, a municipal police
2department, the Department of Revenue, the Department of Public
3Health, or a local health department. It is not a violation of
4this Act for a person under 18 years of age to purchase or
5possess a cigar, cigarette, smokeless tobacco or tobacco in any
6of its forms if the person under the age of 18 purchases or is
7given the cigar, cigarette, smokeless tobacco or tobacco in any
8of its forms from a retail seller of tobacco products or an
9employee of the retail seller pursuant to a plan or action to
10investigate, patrol, or otherwise conduct a "sting operation"
11or enforcement action against a retail seller of tobacco
12products or a person employed by the retail seller of tobacco
13products or on any premises authorized to sell tobacco products
14to determine if tobacco products are being sold or given to
15persons under 18 years of age if the "sting operation" or
16enforcement action is approved by, conducted by, or conducted
17on behalf of the Department of State Police, the county
18sheriff, a municipal police department, the Department of
19Revenue, the Department of Public Health, or a local health
20department. The results of any sting operation or enforcement
21action, including the name of the clerk, shall be provided to
22the retail seller within 7 business days.
23(Source: P.A. 98-1055, eff. 1-1-16.)
24 (720 ILCS 675/1.1 new)
25 Sec. 1.1. License; educational program.

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1 (a) Notwithstanding any provision of law to the contrary,
2the Secretary of State shall issue a smoking license to a
3person who: (1) is at least 18 years of age but under 21 years
4of age; (2) has completed the 8-hour online educational program
5regarding the dangers and consequences of smoking developed
6under subsection (b) as verified by the Department of Public
7Health; and (3) has paid a $50 fee to the Secretary of State.
8The license shall be valid for one year and may be renewed for
9additional one-year periods upon payment of a $50 renewal fee
10to the Secretary of State. The license shall permit the
11licensee to buy, possess, and use tobacco products, electronic
12cigarettes, and alternative nicotine products. The smoking
13license does not authorize purchases of tobacco products,
14electronic cigarettes, and alternative nicotine products from
15a vending machine. The smoking license does not authorize
16receipt of tobacco products, electronic cigarettes, and
17alternative nicotine products by shipment under the Prevention
18of Cigarette Sales to Persons under 21 Years of Age Act. The
19smoking license does not authorize the purchase, possession, or
20use of smoking herbs or tobacco accessories as defined in the
21Tobacco Accessories and Smoking Herbs Control Act.
22 (b) The Department of Public Health, in cooperation with
23the Illinois Community College Board, shall develop an 8-hour
24online educational program regarding the dangers and
25consequences of smoking. The program shall be made available on
26the Department's website and may be viewed free of charge by

HB3178- 44 -LRB101 09496 CPF 54594 b
1any person who is at least 18 years of age but under 21 years of
2age. If the person completes the program and receives a score
3of at least 75% on an examination regarding the subjects
4covered in the program, the Department shall verify to the
5Secretary of State that the person has completed the program.
6 (c) A seller may sell tobacco products, electronic
7cigarettes, and alternative nicotine products to a person with
8a smoking license if the person presents the smoking license
9together with the identification required under Section 1.
10 (d) Notwithstanding any provision of law to the contrary, a
11penalty of $500 shall be imposed against a person who is at
12least 18 years of age but under 21 years of age and purchases
13or attempts to purchase a tobacco product, electronic
14cigarette, or alternative nicotine product. The penalty shall
15be waived if the person completes the program developed under
16subsection (b) as verified by the Department of Public Health.
17 (720 ILCS 675/2) (from Ch. 23, par. 2358)
18 Sec. 2. Penalties.
19 (a) Except as provided in Section 1.1, any Any person who
20violates subsection (a), or (a-5), (a-5.1), (a-8), (b), or (d)
21of Section 1 or subsection (b) or (c) of Section 1.5 of this
22Act is guilty of a petty offense. For the first offense in a
2324-month period, the person shall be fined $200 if his or her
24employer has a training program that facilitates compliance
25with minimum-age tobacco laws. For the second offense in a

HB3178- 45 -LRB101 09496 CPF 54594 b
124-month period, the person shall be fined $400 if his or her
2employer has a training program that facilitates compliance
3with minimum-age tobacco laws. For the third offense in a
424-month period, the person shall be fined $600 if his or her
5employer has a training program that facilitates compliance
6with minimum-age tobacco laws. For the fourth or subsequent
7offense in a 24-month period, the person shall be fined $800 if
8his or her employer has a training program that facilitates
9compliance with minimum-age tobacco laws. For the purposes of
10this subsection, the 24-month period shall begin with the
11person's first violation of the Act. The penalties in this
12subsection are in addition to any other penalties prescribed
13under the Cigarette Tax Act and the Tobacco Products Tax Act of
141995.
15 (a-5) Any retailer who violates subsection (a), or (a-5),
16(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
17(c) of Section 1.5 of this Act is guilty of a petty offense.
18For the first offense in a 24-month period, the retailer shall
19be fined $200 if it does not have a training program that
20facilitates compliance with minimum-age tobacco laws. For the
21second offense in a 24-month period, the retailer shall be
22fined $400 if it does not have a training program that
23facilitates compliance with minimum-age tobacco laws. For the
24third offense within a 24-month period, the retailer shall be
25fined $600 if it does not have a training program that
26facilitates compliance with minimum-age tobacco laws. For the

HB3178- 46 -LRB101 09496 CPF 54594 b
1fourth or subsequent offense in a 24-month period, the retailer
2shall be fined $800 if it does not have a training program that
3facilitates compliance with minimum-age tobacco laws. For the
4purposes of this subsection, the 24-month period shall begin
5with the person's first violation of the Act. The penalties in
6this subsection are in addition to any other penalties
7prescribed under the Cigarette Tax Act and the Tobacco Products
8Tax Act of 1995.
9 (a-6) For the purpose of this Act, a training program that
10facilitates compliance with minimum-age tobacco laws must
11include at least the following elements: (i) it must explain
12that only individuals displaying valid identification
13demonstrating that they are 21 18 years of age or older shall
14be eligible to purchase cigarettes or tobacco products,
15electronic cigarettes, or alternative nicotine products and
16(ii) it must explain where a clerk can check identification for
17a date of birth; and (iii) it must explain Section 1.1 of this
18Act and provide advice to assist in ascertaining the
19authenticity of smoking licenses issued under this Act. The
20training may be conducted electronically. Each retailer that
21has a training program shall require each employee who
22completes the training program to sign a form attesting that
23the employee has received and completed tobacco training. The
24form shall be kept in the employee's file and may be used to
25provide proof of training.
26 (b) (Blank). If a minor violates subsection (a-7) of

HB3178- 47 -LRB101 09496 CPF 54594 b
1Section 1 or subsection (d) of Section 1.5, he or she is guilty
2of a petty offense and the court may impose a sentence of 25
3hours of community service and a fine of $50 for a first
4violation. If a person under 21 years of age minor violates
5subsection (a-6) of Section 1, he or she is guilty of a Class A
6misdemeanor.
7 (c) (Blank). A second violation by a minor of subsection
8(a-7) of Section 1 or subsection (d) of Section 1.5 that occurs
9within 12 months after the first violation is punishable by a
10fine of $75 and 50 hours of community service.
11 (d) (Blank). A third or subsequent violation by a minor of
12subsection (a-7) of Section 1 or subsection (d) of Section 1.5
13that occurs within 12 months after the first violation is
14punishable by a $200 fine and 50 hours of community service.
15 (e) (Blank). Any second or subsequent violation not within
16the 12-month time period after the first violation is
17punishable as provided for a first violation.
18 (f) (Blank). If a minor is convicted of or placed on
19supervision for a violation of subsection (a-6) or (a-7) of
20Section 1 or subsection (d) of Section 1.5, the court may, in
21its discretion, and upon recommendation by the State's
22Attorney, order that minor and his or her parents or legal
23guardian to attend a smoker's education or youth diversion
24program if that program is available in the jurisdiction where
25the offender resides. Attendance at a smoker's education or
26youth diversion program shall be time-credited against any

HB3178- 48 -LRB101 09496 CPF 54594 b
1community service time imposed for any first violation of
2subsection (a-7) of Section 1. In addition to any other penalty
3that the court may impose for a violation of subsection (a-7)
4of Section 1 or subsection (d) of Section 1.5, the court, upon
5request by the State's Attorney, may in its discretion require
6the offender to remit a fee for his or her attendance at a
7smoker's education or youth diversion program.
8 (g) (Blank). For purposes of this Section, "smoker's
9education program" or "youth diversion program" includes, but
10is not limited to, a seminar designed to educate a person on
11the physical and psychological effects of smoking tobacco
12products and alternative nicotine products and the health
13consequences of smoking tobacco products and alternative
14nicotine products that can be conducted with a locality's youth
15diversion program.
16 (h) All moneys collected as fines for violations of
17subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or
18(a-7) of Section 1 and subsection (b), (c), or (d) of Section
191.5 shall be distributed in the following manner:
20 (1) one-half of each fine shall be distributed to the
21 unit of local government or other entity that successfully
22 prosecuted the offender; and
23 (2) one-half shall be remitted to the State to be used
24 for enforcing this Act.
25 Any violation of subsection (a) or (a-5) of Section 1 or
26subsection (b) or (c) of Section 1.5 shall be reported to the

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1Department of Revenue within 7 business days.
2(Source: P.A. 99-192, eff. 1-1-16; 99-496, eff. 6-1-16;
3100-201, eff. 8-18-17.)
4 (720 ILCS 675/1.5 rep.)
5 Section 30. The Prevention of Tobacco Use by Minors and
6Sale and Distribution of Tobacco Products Act is amended by
7repealing Section 1.5.
8 Section 35. The Display of Tobacco Products Act is amended
9by changing Sections 5, 10, and 15 as follows:
10 (720 ILCS 677/5)
11 Sec. 5. Definitions. In this Act:
12 "Electronic cigarette" "Alternative nicotine product" has
13the meaning ascribed to it in Section 1 1.5 of the Cigarette,
14Electronic Cigarette, and Alternative Nicotine Product
15Prevention of Tobacco Use by Minors and Sale and Distribution
16of Tobacco Products Act.
17 "Alternative nicotine product" has the meaning ascribed to
18it in Section 1 of the Cigarette, Electronic Cigarette, and
19Alternative Nicotine Product Act.
20 "Line of sight" means visible to a cashier or other
21employee.
22 "Age restricted area" means a signed designated area in a
23retail establishment to which persons minors under 21 18 years

HB3178- 50 -LRB101 09496 CPF 54594 b
1of age are not permitted access unless accompanied by a parent
2or legal guardian.
3(Source: P.A. 98-983, eff. 1-1-15.)
4 (720 ILCS 677/10)
5 Sec. 10. Tobacco product displays. All single packs of
6cigarettes, electronic cigarettes, and alternative nicotine
7products must be sold from behind the counter or in an age
8restricted area or in a sealed display case. Any other tobacco
9products must be sold in line of sight.
10 The restrictions described in this Section do not apply to
11a retail tobacco store that (i) derives at least 90% of its
12revenue from tobacco and tobacco related products; (ii) does
13not permit persons under the age of 21 18 to enter the premises
14unless accompanied by a parent or legal guardian; and (iii)
15posts a sign on the main entrance way stating that persons
16under the age of 21 18 are prohibited from entering unless
17accompanied by a parent or legal guardian.
18(Source: P.A. 98-983, eff. 1-1-15.)
19 (720 ILCS 677/15)
20 Sec. 15. Vending machines. This Act does not prohibit the
21sale of tobacco products, electronic cigarettes, or
22alternative nicotine products from vending machines if the
23locations location of the vending machines are in compliance
24with the provisions of Section 1 of the Cigarette, Electronic

HB3178- 51 -LRB101 09496 CPF 54594 b
1Cigarette, and Alternative Nicotine Product Prevention of
2Tobacco Use by Minors and Sale and Distribution of Tobacco
3Products Act.
4(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
596-1000, eff. 7-2-10.)
6 Section 40. The Prevention of Cigarette Sales to Minors Act
7is amended by changing Sections 1, 5, 6, 7, and 8 as follows:
8 (720 ILCS 678/1)
9 Sec. 1. Short title. This Act may be cited as the
10Prevention of Cigarette Sales to Persons under 21 Years of Age
11Minors Act.
12(Source: P.A. 93-960, eff. 8-20-04.)
13 (720 ILCS 678/5)
14 Sec. 5. Unlawful shipment or transportation of cigarettes.
15 (a) It is unlawful for any person engaged in the business
16of selling cigarettes to ship or cause to be shipped any
17cigarettes unless the person shipping the cigarettes:
18 (1) is licensed as a distributor under either the
19 Cigarette Tax Act, or the Cigarette Use Tax Act; or
20 delivers the cigarettes to a distributor licensed under
21 either the Cigarette Tax Act or the Cigarette Use Tax Act;
22 or
23 (2) ships them to an export warehouse proprietor

HB3178- 52 -LRB101 09496 CPF 54594 b
1 pursuant to Chapter 52 of the Internal Revenue Code, or an
2 operator of a customs bonded warehouse pursuant to Section
3 1311 or 1555 of Title 19 of the United States Code.
4 For purposes of this subsection (a), a person is a licensed
5distributor if the person's name appears on a list of licensed
6distributors published by the Illinois Department of Revenue.
7The term cigarette has the same meaning as defined in Section 1
8of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax
9Act. Nothing in this Act prohibits a person licensed as a
10distributor under the Cigarette Tax Act or the Cigarette Use
11Tax Act from shipping or causing to be shipped any cigarettes
12to a registered retailer under the Retailers' Occupation Tax
13Act provided the cigarette tax or cigarette use tax has been
14paid.
15 (b) A common or contract carrier may transport cigarettes
16to any individual person in this State only if the carrier
17reasonably believes such cigarettes have been received from a
18person described in paragraph (a)(1). Common or contract
19carriers may make deliveries of cigarettes to licensed
20distributors described in paragraph (a)(1) of this Section.
21Nothing in this subsection (b) shall be construed to prohibit a
22person other than a common or contract carrier from
23transporting not more than 1,000 cigarettes at any one time to
24any person in this State.
25 (c) A common or contract carrier may not complete the
26delivery of any cigarettes to persons other than those

HB3178- 53 -LRB101 09496 CPF 54594 b
1described in paragraph (a)(1) of this Section without first
2obtaining from the purchaser an official written
3identification from any state or federal agency that displays
4the person's date of birth or a birth certificate that includes
5a reliable confirmation that the purchaser is at least 21 18
6years of age; that the cigarettes purchased are not intended
7for consumption by an individual who is younger than 21 18
8years of age; and a written statement signed by the purchaser
9that certifies the purchaser's address and that the purchaser
10is at least 21 18 years of age. The statement shall also
11confirm: (1) that the purchaser understands that signing
12another person's name to the certification is illegal; (2) that
13the sale of cigarettes to individuals under 21 18 years of age
14is illegal; and (3) that the purchase of cigarettes by
15individuals under 21 18 years of age is illegal under the laws
16of Illinois.
17 (d) When a person engaged in the business of selling
18cigarettes ships or causes to be shipped any cigarettes to any
19person in this State, other than in the cigarette
20manufacturer's or tobacco products manufacturer's original
21container or wrapping, the container or wrapping must be
22plainly and visibly marked with the word "cigarettes".
23 (e) When a peace officer of this State or any duly
24authorized officer or employee of the Illinois Department of
25Public Health or Department of Revenue discovers any cigarettes
26which have been or which are being shipped or transported in

HB3178- 54 -LRB101 09496 CPF 54594 b
1violation of this Section, he or she shall seize and take
2possession of the cigarettes, and the cigarettes shall be
3subject to a forfeiture action pursuant to the procedures
4provided under the Cigarette Tax Act or Cigarette Use Tax Act.
5(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
6 (720 ILCS 678/6)
7 Sec. 6. Prevention of delivery sales to persons under 21
8years of age minors.
9 (a) No person shall make a delivery sale of cigarettes to
10any individual who is under 21 18 years of age.
11 (b) Each person accepting a purchase order for a delivery
12sale shall comply with the provisions of this Act and all other
13laws of this State generally applicable to sales of cigarettes
14that occur entirely within this State.
15(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
16 (720 ILCS 678/7)
17 Sec. 7. Age verification and shipping requirements to
18prevent delivery sales to persons under 21 years of age minors.
19 (a) No person, other than a delivery service, shall mail,
20ship, or otherwise cause to be delivered a shipping package in
21connection with a delivery sale unless the person:
22 (1) prior to the first delivery sale to the prospective
23 consumer, obtains from the prospective consumer a written
24 certification which includes a statement signed by the

HB3178- 55 -LRB101 09496 CPF 54594 b
1 prospective consumer that certifies:
2 (A) the prospective consumer's current address;
3 and
4 (B) that the prospective consumer is at least the
5 legal minimum age;
6 (2) informs, in writing, such prospective consumer
7 that:
8 (A) the signing of another person's name to the
9 certification described in this Section is illegal;
10 (B) sales of cigarettes to individuals under 21 18
11 years of age are illegal;
12 (C) the purchase of cigarettes by individuals
13 under 21 18 years of age is illegal; and
14 (D) the name and identity of the prospective
15 consumer may be reported to the state of the consumer's
16 current address under the Act of October 19, 1949 (15
17 U.S.C. 375, et seq.), commonly known as the Jenkins
18 Act;
19 (3) makes a good faith effort to verify the date of
20 birth of the prospective consumer provided pursuant to this
21 Section by:
22 (A) comparing the date of birth against a
23 commercially available database; or
24 (B) obtaining a photocopy or other image of a
25 valid, government-issued identification stating the
26 date of birth or age of the prospective consumer;

HB3178- 56 -LRB101 09496 CPF 54594 b
1 (4) provides to the prospective consumer a notice that
2 meets the requirements of subsection (b);
3 (5) receives payment for the delivery sale from the
4 prospective consumer by a credit or debit card that has
5 been issued in such consumer's name, or by a check or other
6 written instrument in such consumer's name; and
7 (6) ensures that the shipping package is delivered to
8 the same address as is shown on the government-issued
9 identification or contained in the commercially available
10 database.
11 (b) The notice required under this Section shall include:
12 (1) a statement that cigarette sales to consumers below
13 21 18 years of age are illegal;
14 (2) a statement that sales of cigarettes are restricted
15 to those consumers who provide verifiable proof of age in
16 accordance with subsection (a);
17 (3) a statement that cigarette sales are subject to tax
18 under Section 2 of the Cigarette Tax Act (35 ILCS 130/2),
19 Section 2 of the Cigarette Use Tax Act, and Section 3 of
20 the Use Tax Act and an explanation of how the correct tax
21 has been, or is to be, paid with respect to such delivery
22 sale.
23 (c) A statement meets the requirement of this Section if:
24 (1) the statement is clear and conspicuous;
25 (2) the statement is contained in a printed box set
26 apart from the other contents of the communication;

HB3178- 57 -LRB101 09496 CPF 54594 b
1 (3) the statement is printed in bold, capital letters;
2 (4) the statement is printed with a degree of color
3 contrast between the background and the printed statement
4 that is no less than the color contrast between the
5 background and the largest text used in the communication;
6 and
7 (5) for any printed material delivered by electronic
8 means, the statement appears at both the top and the bottom
9 of the electronic mail message or both the top and the
10 bottom of the Internet website homepage.
11 (d) Each person, other than a delivery service, who mails,
12ships, or otherwise causes to be delivered a shipping package
13in connection with a delivery sale shall:
14 (1) include as part of the shipping documents a clear
15 and conspicuous statement stating: "Cigarettes: Illinois
16 Law Prohibits Shipping to Individuals Under 21 18 and
17 Requires the Payment of All Applicable Taxes";
18 (2) use a method of mailing, shipping, or delivery that
19 requires a signature before the shipping package is
20 released to the consumer; and
21 (3) ensure that the shipping package is not delivered
22 to any post office box.
23(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
24 (720 ILCS 678/8)
25 Sec. 8. Registration and reporting requirements to prevent

HB3178- 58 -LRB101 09496 CPF 54594 b
1delivery sales to persons under 21 years of age minors.
2 (a) Not later than the 15th day of each month, each person
3making a delivery sale during the previous calendar month shall
4file a report with the Department containing the following
5information:
6 (1) the seller's name, trade name, and the address of
7 such person's principal place of business and any other
8 place of business;
9 (2) the name and address of the consumer to whom such
10 delivery sale was made;
11 (3) the brand style or brand styles of the cigarettes
12 that were sold in such delivery sale;
13 (4) the quantity of cigarettes that were sold in such
14 delivery sale;
15 (5) an indication of whether or not the cigarettes sold
16 in the delivery sale bore a tax stamp evidencing payment of
17 the tax under Section 2 of the Cigarette Tax Act (35 ILCS
18 130/2); and
19 (6) such other information the Department may require.
20 (b) Each person engaged in business within this State who
21makes an out-of-state sale shall, for each individual sale,
22submit to the appropriate tax official of the state in which
23the consumer is located the information required in subsection
24(a).
25 (c) Any person that satisfies the requirements of 15 U.S.C.
26Section 376 shall be deemed to satisfy the requirements of

HB3178- 59 -LRB101 09496 CPF 54594 b
1subsections (a) and (b).
2 (d) The Department is authorized to disclose to the
3Attorney General any information received under this title and
4requested by the Attorney General. The Department and the
5Attorney General shall share with each other the information
6received under this title and may share the information with
7other federal, State, or local agencies for purposes of
8enforcement of this title or the laws of the federal government
9or of other states.
10 (e) This Section shall not be construed to impose liability
11upon any delivery service, or officers or employees thereof,
12when acting within the scope of business of the delivery
13service.
14 (f) The Department may establish procedures requiring
15electronic transmission of the information required by this
16Section directly to the Department on forms prescribed and
17furnished by the Department.
18(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
19 (720 ILCS 680/Act rep.)
20 Section 45. The Smokeless Tobacco Limitation Act is
21repealed.
22 Section 50. The Tobacco Accessories and Smoking Herbs
23Control Act is amended by changing Sections 2 and 4 as follows:

HB3178- 60 -LRB101 09496 CPF 54594 b
1 (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
2 Sec. 2. Purpose. The sale and possession of marijuana,
3hashish, cocaine, opium and their derivatives, is not only
4prohibited by Illinois Law, but the use of these substances has
5been deemed injurious to the health of the user.
6 It has further been determined by the Surgeon General of
7the United States that the use of tobacco is hazardous to human
8health.
9 The ready availability of smoking herbs to persons under 21
10years of age minors could lead to the use of tobacco and
11illegal drugs.
12 It is in the best interests of the citizens of the State of
13Illinois to seek to prohibit the spread of illegal drugs,
14tobacco or smoking materials to persons under 21 years of age
15minors. The prohibition of the sale of tobacco and snuff
16accessories and smoking herbs to persons under 21 years of age
17minors would help to curb the usage of illegal drugs and
18tobacco products, among our youth.
19(Source: P.A. 82-487.)
20 (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
21 Sec. 4. Offenses.
22 (a) Sale to persons under 21 years of age minors. No person
23shall knowingly sell, barter, exchange, deliver or give away or
24cause or permit or procure to be sold, bartered, exchanged,
25delivered, or given away tobacco accessories or smoking herbs

HB3178- 61 -LRB101 09496 CPF 54594 b
1to any person under 21 18 years of age.
2 (a-5) Sale of bidi cigarettes. No person shall knowingly
3sell, barter, exchange, deliver, or give away a bidi cigarette
4to another person, nor shall a person cause or permit or
5procure a bidi cigarette to be sold, bartered, exchanged,
6delivered, or given away to another person.
7 (b) Sale of cigarette paper. No person shall knowingly
8offer, sell, barter, exchange, deliver or give away cigarette
9paper or cause, permit, or procure cigarette paper to be sold,
10offered, bartered, exchanged, delivered, or given away except
11from premises or an establishment where other tobacco products
12are sold. For purposes of this Section, "tobacco products"
13means cigarettes, cigars, smokeless tobacco, or tobacco in any
14of its forms.
15 (b-5) Sale of flavored wrapping paper and wrapping leaf. A
16person shall not knowingly sell, give away, barter, exchange,
17or otherwise furnish to any person any wrapping paper or
18wrapping leaf, however characterized, including, without
19limitation, cigarette papers, blunt wraps, cigar wraps, or
20tubes of paper or leaf, or any similar device, for the purpose
21of making a roll of tobacco or herbs for smoking, that is or is
22held out to be, impregnated, scented, or imbibed with, or aged
23or dipped in, a characterizing flavor, other than tobacco or
24menthol, including, without limitation, alcoholic or liquor
25flavor, or both, chocolate, fruit flavoring, vanilla, peanut
26butter, jelly, or any combination of those flavors or similar

HB3178- 62 -LRB101 09496 CPF 54594 b
1child attractive scent or flavor.
2 (c) Sale of cigarette paper from vending machines. No
3person shall knowingly offer, sell, barter, exchange, deliver
4or give away cigarette paper or cause, permit, or procure
5cigarette paper to be sold, offered, bartered, exchanged,
6delivered, or given away by use of a vending or coin-operated
7machine or device. For purposes of this Section, "cigarette
8paper" shall not include any paper that is incorporated into a
9product to which a tax stamp must be affixed under the
10Cigarette Tax Act or the Cigarette Use Tax Act.
11 (d) Use of identification cards. No person in the
12furtherance or facilitation of obtaining smoking accessories
13and smoking herbs shall display or use a false or forged
14identification card or transfer, alter, or deface an
15identification card.
16 (e) Warning to persons under 21 years of age minors. Any
17person, firm, partnership, company or corporation operating a
18place of business where tobacco accessories and smoking herbs
19are sold or offered for sale shall post in a conspicuous place
20upon the premises a sign upon which there shall be imprinted
21the following statement, "SALE OF TOBACCO ACCESSORIES AND
22SMOKING HERBS TO PERSONS UNDER 21 EIGHTEEN YEARS OF AGE OR THE
23MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED
24BY LAW". The sign shall be printed on a white card in red
25letters at least one-half inch in height.
26(Source: P.A. 97-917, eff. 8-9-12.)

HB3178- 63 -LRB101 09496 CPF 54594 b
1 INDEX
2 Statutes amended in order of appearance