Sen. John G. Mulroe
Filed: 5/9/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 2250 




2 AMENDMENT NO. ______. Amend House Bill 2250 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Prevention of Tobacco Use by Minors and 
5Sale and Distribution of Tobacco Products Act is amended by 
6changing Section 2 and adding Section 1.5 as follows:

7 (720 ILCS 675/1.5 new)
8 Sec. 1.5. Distribution of alternative nicotine products to 
9persons under 18 years of age prohibited.
10 (a) For the purposes of this Section, "alternative nicotine 
11product" means a product or device not consisting of or 
12containing tobacco that provides for the ingestion into the 
13body of nicotine, whether by chewing, smoking, absorbing, 
14dissolving, inhaling, snorting, sniffing, or by any other 
15means. "Alternative nicotine product" excludes cigarettes, 
16smokeless tobacco, or other tobacco products as these terms are 
 
 
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1defined in Section 1 of this Act and any product approved by 
2the United States Food and Drug Administration as a non-tobacco 
3product for sale as a tobacco cessation product, as a tobacco 
4dependence product, or for other medical purposes, and is being 
5marketed and sold solely for that approved purpose.
6 (b) A person, either directly or indirectly by an agent or 
7employee, or by a vending machine
owned by the person or 
8located in the person's establishment, may not sell, offer for 
9sale, give,
or furnish any alternative nicotine product, or any 
10cartridge or component of an alternative nicotine product, to a 
11person under 18 years of age.
12 (c) Before selling, offering for sale, giving, or 
13furnishing an alternative nicotine product, or any cartridge
or 
14component of an alternative nicotine product, to another 
15person, the person selling, offering for sale, giving, or 
16furnishing the alternative nicotine product shall verify that 
17the
person is at least 18 years of age by:
18  (1) examining from any person that appears to
be under 
19 27 years of age a government-issued photographic 
20 identification that establishes
the person is at least 18 
21 years of age; or
22  (2) for sales made though the Internet or other
remote 
23 sales methods, performing an age verification through an 
24 independent, third-party
age verification service that 
25 compares information available from public records to the

26 personal information entered by the person during the 
 
 
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1 ordering process that establishes
the person is 18 years of 
2 age or older. 

3 (720 ILCS 675/2) (from Ch. 23, par. 2358)

4 Sec. 2. Penalties. 
5 (a) Any person who violates Section 1.5 or subsection (a), 
6(a-5), or (a-6) of Section 1
of this Act is guilty of a
petty 
7offense and
for the first offense
shall be fined $200, $400 for 
8the
second offense in a 12-month period, and
$600 for the third 
9or any
subsequent
offense in a 12-month period.


10 (b) If a minor violates subsection (a-7) of Section 1 he or 
11she is guilty of a petty offense and the court may
impose a 
12sentence of 15 hours of
community
service or a fine of $25 for 
13a first violation.

14 (c) A second violation by a minor of subsection (a-7) of 
15Section 1 that occurs
within 12 months after the first 
16violation is punishable by a fine of $50 and
25
hours of 
17community service.

18 (d) A third or subsequent violation by a minor of 
19subsection (a-7) of Section
1
that
occurs within 12 months 
20after the first violation is punishable by a $100
fine
and 30 
21hours of community service.

22 (e) Any second or subsequent violation not within the 
2312-month time period
after
the first violation is punishable as 
24provided for a first violation.

25 (f) If a minor is convicted of or placed on supervision for 
 
 
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1a violation of
subsection (a-7) of Section 1, the court may, in 
2its discretion, and upon
recommendation by the State's 
3Attorney, order that minor and his or her parents
or legal

4guardian to attend a smoker's education or youth diversion 
5program if that
program is available in the jurisdiction where 
6the offender resides.
Attendance at a smoker's education or 
7youth diversion program
shall be time-credited against any 
8community service time imposed for any
first violation of 
9subsection (a-7) of Section 1. In addition to any other
penalty

10that the court may impose for a violation of subsection (a-7) 
11of Section 1, the
court, upon request by the State's Attorney, 
12may in its discretion
require
the offender to remit a fee for 
13his or her attendance at a smoker's
education or
youth 
14diversion program.

15 (g) For purposes of this Section, "smoker's education

16program"
or
"youth diversion program" includes, but is not 
17limited to, a seminar designed
to educate a person on the 
18physical and psychological effects of smoking
tobacco products 
19and the health consequences of smoking tobacco products
that 
20can be conducted with a locality's youth diversion program.

21 (h) All moneys collected as fines for violations of 
22subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be 
23distributed in the following manner:

24  (1) one-half of each fine shall be distributed to the 
25 unit of local
government or other entity that successfully 
26 prosecuted the offender;
and

 
 
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1  (2) one-half shall be remitted to the State to be used 
2 for enforcing this
Act.


3(Source: P.A. 96-179, eff. 8-10-09.)".