Bill Amendment: IL SB3098 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: E-CIGARETTES-REMOTE SALES

Status: 2024-08-09 - Public Act . . . . . . . . . 103-0937 [SB3098 Detail]

Download: Illinois-2023-SB3098-Senate_Amendment_001.html

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Sen. Meg Loughran Cappel

Filed: 2/28/2024

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AMENDMENT TO SENATE BILL 3098
AMENDMENT NO. ______. Amend Senate Bill 3098 on page 1,
line 6, by replacing "Section 1" with "Sections 1 and 2"; and
on page 2, line 23, by inserting "under 21 years of age" after
"anyone"; and
on page 9, lines 2 and 18, by deleting "(a-5.2)," wherever it
appears; and
on page 10, line 12, by deleting "(a-5.2),"; and
on page 11, line 8, by deleting "(a-5.2),"; and
on page 12, line 1, by deleting "(a-5.2),"; and
on page 12, by replacing lines 20 and 21 with the following:

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"(720 ILCS 675/2) (from Ch. 23, par. 2358)
Sec. 2. Penalties.
(a) Any person who violates subsection (a), (a-5),
(a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act
is guilty of a petty offense. For the first offense in a
24-month period, the person shall be fined $200 if his or her
employer has a training program that facilitates compliance
with minimum-age tobacco laws. For the second offense in a
24-month period, the person shall be fined $400 if his or her
employer has a training program that facilitates compliance
with minimum-age tobacco laws. For the third offense in a
24-month period, the person shall be fined $600 if his or her
employer has a training program that facilitates compliance
with minimum-age tobacco laws. For the fourth or subsequent
offense in a 24-month period, the person shall be fined $800 if
his or her employer has a training program that facilitates
compliance with minimum-age tobacco laws. For the purposes of
this subsection, the 24-month period shall begin with the
person's first violation of the Act. The penalties in this
subsection are in addition to any other penalties prescribed
under the Cigarette Tax Act and the Tobacco Products Tax Act of
1995.
(a-5) Any retailer who violates subsection (a), (a-5),
(a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act
is guilty of a petty offense. For the first offense in a
24-month period, the retailer shall be fined $200 if it does

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not have a training program that facilitates compliance with
minimum-age tobacco laws. For the second offense in a 24-month
period, the retailer shall be fined $400 if it does not have a
training program that facilitates compliance with minimum-age
tobacco laws. For the third offense within a 24-month period,
the retailer shall be fined $600 if it does not have a training
program that facilitates compliance with minimum-age tobacco
laws. For the fourth or subsequent offense in a 24-month
period, the retailer shall be fined $800 if it does not have a
training program that facilitates compliance with minimum-age
tobacco laws. For the purposes of this subsection, the
24-month period shall begin with the person's first violation
of the Act. The penalties in this subsection are in addition to
any other penalties prescribed under the Cigarette Tax Act and
the Tobacco Products Tax Act of 1995.
(a-6) For the purpose of this Act, a training program that
facilitates compliance with minimum-age tobacco laws must
include at least the following elements: (i) it must explain
that only individuals displaying valid identification
demonstrating that they are 21 years of age or older shall be
eligible to purchase tobacco products, electronic cigarettes,
or alternative nicotine products and (ii) it must explain
where a clerk can check identification for a date of birth. The
training may be conducted electronically. Each retailer that
has a training program shall require each employee who
completes the training program to sign a form attesting that

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