Bill Text: IL HB2250 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Prohibits a person under 18 years of age from buying, possessing, being sold, bought for, distributed samples of, or furnished an electronic cigarette. Establishes an exception for a sting operation approved by the Department of State Police, the county sheriff, a municipal police department, the Department of Public Health, or a local health department against a retail seller of tobacco products or a person employed by the retail seller of tobacco products or on any premises authorized to sell tobacco products to determine if electronic cigarettes are being sold or given to persons under 18 years of age. Defines "electronic cigarette". Includes "electronic cigarette" in the definition of tobacco product.

Spectrum: Moderate Partisan Bill (Democrat 25-5)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2250 Detail]

Download: Illinois-2013-HB2250-Amended.html

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Sen. John G. Mulroe

Filed: 5/9/2013

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AMENDMENT TO HOUSE BILL 2250
AMENDMENT NO. ______. Amend House Bill 2250 by replacing
everything after the enacting clause with the following:
"Section 5. The Prevention of Tobacco Use by Minors and
Sale and Distribution of Tobacco Products Act is amended by
changing Section 2 and adding Section 1.5 as follows:
(720 ILCS 675/1.5 new)
Sec. 1.5. Distribution of alternative nicotine products to
persons under 18 years of age prohibited.
(a) For the purposes of this Section, "alternative nicotine
product" means a product or device not consisting of or
containing tobacco that provides for the ingestion into the
body of nicotine, whether by chewing, smoking, absorbing,
dissolving, inhaling, snorting, sniffing, or by any other
means. "Alternative nicotine product" excludes cigarettes,
smokeless tobacco, or other tobacco products as these terms are

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defined in Section 1 of this Act and any product approved by
the United States Food and Drug Administration as a non-tobacco
product for sale as a tobacco cessation product, as a tobacco
dependence product, or for other medical purposes, and is being
marketed and sold solely for that approved purpose.
(b) A person, either directly or indirectly by an agent or
employee, or by a vending machine owned by the person or
located in the person's establishment, may not sell, offer for
sale, give, or furnish any alternative nicotine product, or any
cartridge or component of an alternative nicotine product, to a
person under 18 years of age.
(c) Before selling, offering for sale, giving, or
furnishing an alternative nicotine product, or any cartridge or
component of an alternative nicotine product, to another
person, the person selling, offering for sale, giving, or
furnishing the alternative nicotine product shall verify that
the person is at least 18 years of age by:
(1) examining from any person that appears to be under
27 years of age a government-issued photographic
identification that establishes the person is at least 18
years of age; or
(2) for sales made though the Internet or other remote
sales methods, performing an age verification through an
independent, third-party age verification service that
compares information available from public records to the
personal information entered by the person during the

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ordering process that establishes the person is 18 years of
age or older.
(720 ILCS 675/2) (from Ch. 23, par. 2358)
Sec. 2. Penalties.
(a) Any person who violates Section 1.5 or subsection (a),
(a-5), or (a-6) of Section 1 of this Act is guilty of a petty
offense and for the first offense shall be fined $200, $400 for
the second offense in a 12-month period, and $600 for the third
or any subsequent offense in a 12-month period.
(b) If a minor violates subsection (a-7) of Section 1 he or
she is guilty of a petty offense and the court may impose a
sentence of 15 hours of community service or a fine of $25 for
a first violation.
(c) A second violation by a minor of subsection (a-7) of
Section 1 that occurs within 12 months after the first
violation is punishable by a fine of $50 and 25 hours of
community service.
(d) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 that occurs within 12 months
after the first violation is punishable by a $100 fine and 30
hours of community service.
(e) Any second or subsequent violation not within the
12-month time period after the first violation is punishable as
provided for a first violation.
(f) If a minor is convicted of or placed on supervision for

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a violation of subsection (a-7) of Section 1, the court may, in
its discretion, and upon recommendation by the State's
Attorney, order that minor and his or her parents or legal
guardian to attend a smoker's education or youth diversion
program if that program is available in the jurisdiction where
the offender resides. Attendance at a smoker's education or
youth diversion program shall be time-credited against any
community service time imposed for any first violation of
subsection (a-7) of Section 1. In addition to any other penalty
that the court may impose for a violation of subsection (a-7)
of Section 1, the court, upon request by the State's Attorney,
may in its discretion require the offender to remit a fee for
his or her attendance at a smoker's education or youth
diversion program.
(g) For purposes of this Section, "smoker's education
program" or "youth diversion program" includes, but is not
limited to, a seminar designed to educate a person on the
physical and psychological effects of smoking tobacco products
and the health consequences of smoking tobacco products that
can be conducted with a locality's youth diversion program.
(h) All moneys collected as fines for violations of
subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
distributed in the following manner:
(1) one-half of each fine shall be distributed to the
unit of local government or other entity that successfully
prosecuted the offender; and

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(2) one-half shall be remitted to the State to be used
for enforcing this Act.
(Source: P.A. 96-179, eff. 8-10-09.)".