Bill Text: IL HB4989 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that a person under 21 years of age may not possess any tobacco product, electronic cigarette, or alternative nicotine product. Provides that a violation is a petty offense. Provides that for the first offense in a 24-month period, the person shall be fined $200; for the second offense in a 24-month period, the person shall be fined $400; for the third offense in a 24-month period, the person shall be fined $600; and for the fourth or subsequent offense in a 24-month period, the person shall be fined $800. Provides that for the purposes of this provision, the 24-month period shall begin with the person's first violation of the Act. Provides for distribution of the fines for violations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-08 - Referred to Rules Committee [HB4989 Detail]

Download: Illinois-2023-HB4989-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4989 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
720 ILCS 675/1 from Ch. 23, par. 2357
720 ILCS 675/2 from Ch. 23, par. 2358
Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that a person under 21 years of age may not possess any tobacco product, electronic cigarette, or alternative nicotine product. Provides that a violation is a petty offense. Provides that for the first offense in a 24-month period, the person shall be fined $200; for the second offense in a 24-month period, the person shall be fined $400; for the third offense in a 24-month period, the person shall be fined $600; and for the fourth or subsequent offense in a 24-month period, the person shall be fined $800. Provides that for the purposes of this provision, the 24-month period shall begin with the person's first violation of the Act. Provides for distribution of the fines for violations.
LRB103 34711 RLC 68374 b
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Prevention of Tobacco Use by Persons under
21 Years of Age and Sale and Distribution of Tobacco Products
Act is amended by changing Sections 1 and 2 as follows:
(720 ILCS 675/1) (from Ch. 23, par. 2357)
Sec. 1. Prohibition on sale of tobacco products,
electronic cigarettes, and alternative nicotine products to
persons under 21 years of age; prohibition on the distribution
of tobacco product samples, electronic cigarette samples, and
alternative nicotine product samples to any person; use of
identification cards; vending machines; lunch wagons;
out-of-package sales.
(a) No person shall sell, buy for, distribute samples of
or furnish any tobacco product, electronic cigarette, or
alternative nicotine product to any person under 21 years of
age.
(a-5) No person under 16 years of age may sell any tobacco
product, electronic cigarette, or alternative nicotine product
at a retail establishment selling tobacco products, electronic
cigarettes, or alternative nicotine products. This subsection
does not apply to a sales clerk in a family-owned business

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which can prove that the sales clerk is in fact a son or
daughter of the owner.
(a-5.1) Before selling, offering for sale, giving, or
furnishing a tobacco product, electronic cigarette, or
alternative nicotine product to another person, the person
selling, offering for sale, giving, or furnishing the tobacco
product, electronic cigarette, or alternative nicotine product
shall verify that the person is at least 21 years of age by:
(1) examining from any person that appears to be under
30 years of age a government-issued photographic
identification that establishes the person to be 21 years
of age or older; or
(2) for sales of tobacco products, electronic
cigarettes, or alternative nicotine products made through
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 ordering process that establishes
the person is 21 years of age or older.
(a-6) No person under 21 years of age in the furtherance or
facilitation of obtaining any tobacco product, electronic
cigarette, or alternative nicotine product shall display or
use a false or forged identification card or transfer, alter,
or deface an identification card.
(a-7) (Blank).

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(a-7.5) A person under 21 years of age may not possess any
tobacco product, electronic cigarette, or alternative nicotine
product.
(a-8) A person shall not distribute without charge samples
of any tobacco product, alternative nicotine product, or
electronic cigarette to any other person, regardless of age,
except for smokeless tobacco in an adult-only facility.
This subsection (a-8) does not apply to the distribution
of a tobacco product, electronic cigarette, or alternative
nicotine product sample in any adult-only facility.
(a-9) For the purpose of this Section:
"Adult-only facility" means a facility or restricted
area (whether open-air or enclosed) where the operator
ensures or has a reasonable basis to believe (such as by
checking identification as required under State law, or by
checking the identification of any person appearing to be
under the age of 30) that no person under legal age is
present. A facility or restricted area need not be
permanently restricted to persons under 21 years of age to
constitute an adult-only facility, provided that the
operator ensures or has a reasonable basis to believe that
no person under 21 years of age is present during the event
or time period in question.
"Alternative nicotine product" means a product or
device not consisting of or containing tobacco that
provides for the ingestion into the body of nicotine,

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whether by chewing, smoking, absorbing, dissolving,
inhaling, snorting, sniffing, or by any other means.
"Alternative nicotine product" does not include:
cigarettes as defined in Section 1 of the Cigarette Tax
Act and tobacco products as defined in Section 10-5 of the
Tobacco Products Tax Act of 1995; tobacco product and
electronic cigarette as defined in this Section; or any
product approved by the United States Food and Drug
Administration 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.
"Electronic cigarette" means:
(1) any device that employs a battery or other
mechanism to heat a solution or substance to produce a
vapor or aerosol intended for inhalation;
(2) any cartridge or container of a solution or
substance intended to be used with or in the device or
to refill the device; or
(3) any solution or substance, whether or not it
contains nicotine intended for use in the device.
"Electronic cigarette" includes, but is not limited
to, any electronic nicotine delivery system, electronic
cigar, electronic cigarillo, electronic pipe, electronic
hookah, vape pen, or similar product or device, any
components or parts that can be used to build the product

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or device, and any component, part, or accessory of a
device used during the operation of the device, even if
the part or accessory was sold separately. "Electronic
cigarette" does not include: cigarettes as defined in
Section 1 of the Cigarette Tax Act; tobacco product and
alternative nicotine product as defined in this Section;
any product approved by the United States Food and Drug
Administration 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; any asthma inhaler prescribed by a
physician for that condition and is being marketed and
sold solely for that approved purpose; any device that
meets the definition of cannabis paraphernalia under
Section 1-10 of the Cannabis Regulation and Tax Act; or
any cannabis product sold by a dispensing organization
pursuant to the Cannabis Regulation and Tax Act or the
Compassionate Use of Medical Cannabis Program Act.
"Lunch wagon" means a mobile vehicle designed and
constructed to transport food and from which food is sold
to the general public.
"Nicotine" means any form of the chemical nicotine,
including any salt or complex, regardless of whether the
chemical is naturally or synthetically derived.
"Tobacco product" means any product containing or made
from tobacco that is intended for human consumption,

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whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means,
including, but not limited to, cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco, snuff, snus, and
any other smokeless tobacco product which contains tobacco
that is finely cut, ground, powdered, or leaf and intended
to be placed in the oral cavity. "Tobacco product"
includes any component, part, or accessory of a tobacco
product, whether or not sold separately. "Tobacco product"
does not include: an alternative nicotine product as
defined in this Section; or any product that has been
approved by the United States Food and Drug Administration
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) Tobacco products, electronic cigarettes, and
alternative nicotine products may be sold through a vending
machine only if such tobacco products, electronic cigarettes,
and alternative nicotine products are not placed together with
any non-tobacco product, other than matches, in the vending
machine and the vending machine is in any of the following
locations:
(1) (Blank).
(2) Places to which persons under 21 years of age are
not permitted access at any time.
(3) Places where alcoholic beverages are sold and

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consumed on the premises and vending machine operation is
under the direct supervision of the owner or manager.
(4) (Blank).
(5) (Blank).
(c) (Blank).
(d) The sale or distribution by any person of a tobacco
product as defined in this Section, including, but not limited
to, a single or loose cigarette, that is not contained within a
sealed container, pack, or package as provided by the
manufacturer, which container, pack, or package bears the
health warning required by federal law, is prohibited.
(e) It is not a violation of this Act for a person under 21
years of age to purchase a tobacco product, electronic
cigarette, or alternative nicotine product if the person under
the age of 21 purchases or is given the tobacco product,
electronic cigarette, or alternative nicotine product in any
of its forms from a retail seller of tobacco products,
electronic cigarettes, or alternative nicotine products or an
employee of the retail seller pursuant to a plan or action to
investigate, patrol, or otherwise conduct a "sting operation"
or enforcement action against a retail seller of tobacco
products, electronic cigarettes, or alternative nicotine
products or a person employed by the retail seller of tobacco
products, electronic cigarettes, or alternative nicotine
products or on any premises authorized to sell tobacco
products, electronic cigarettes, or alternative nicotine

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products to determine if tobacco products, electronic
cigarettes, or alternative nicotine products are being sold or
given to persons under 21 years of age if the "sting operation"
or enforcement action is approved by, conducted by, or
conducted on behalf of the Illinois State Police, the county
sheriff, a municipal police department, the Department of
Revenue, the Department of Public Health, or a local health
department. The results of any sting operation or enforcement
action, including the name of the clerk, shall be provided to
the retail seller within 7 business days.
(f) No person shall honor or accept any discount, coupon,
or other benefit or reduction in price that is inconsistent
with 21 CFR 1140, subsequent United States Food and Drug
Administration industry guidance, or any rules adopted under
21 CFR 1140.
(g) Any peace officer or duly authorized member of the
Illinois State Police, a county sheriff's department, a
municipal police department, the Department of Revenue, the
Department of Public Health, a local health department, or the
Department of Human Services, upon discovering a violation of
subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this
Section or a violation of the Preventing Youth Vaping Act, may
seize any tobacco products, alternative nicotine products, or
electronic cigarettes of the specific type involved in that
violation that are located at that place of business. The
tobacco products, alternative nicotine products, or electronic

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cigarettes so seized are subject to confiscation and
forfeiture.
(h) If, within 60 days after any seizure under subsection
(g), a person having any property interest in the seized
property is charged with an offense under this Section or a
violation of the Preventing Youth Vaping Act, the court that
renders judgment upon the charge shall, within 30 days after
the judgment, conduct a forfeiture hearing to determine
whether the seized tobacco products or electronic cigarettes
were part of the inventory located at the place of business
when a violation of subsection (a), (a-5), (a-5.1), (a-8),
(b), or (d) of this Section or a violation of the Preventing
Youth Vaping Act occurred and whether any seized tobacco
products or electronic cigarettes were of a type involved in
that violation. The hearing shall be commenced by a written
petition by the State, which shall include material
allegations of fact, the name and address of every person
determined by the State to have any property interest in the
seized property, a representation that written notice of the
date, time, and place of the hearing has been mailed to every
such person by certified mail at least 10 days before the date,
and a request for forfeiture. Every such person may appear as a
party and present evidence at the hearing. The quantum of
proof required shall be a preponderance of the evidence, and
the burden of proof shall be on the State. If the court
determines that the seized property was subject to forfeiture,

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an order of forfeiture and disposition of the seized property
shall be entered and the property shall be received by the
prosecuting office, who shall effect its destruction.
(i) If a seizure under subsection (g) is not followed by a
charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or
(d) of this Section or under the Preventing Youth Vaping Act,
or if the prosecution of the charge is permanently terminated
or indefinitely discontinued without any judgment of
conviction or acquittal:
(1) the prosecuting office may commence in the circuit
court an in rem proceeding for the forfeiture and
destruction of any seized tobacco products or electronic
cigarettes; and
(2) any person having any property interest in the
seized tobacco products or electronic cigarettes may
commence separate civil proceedings in the manner provided
by law.
(j) After the Department of Revenue has seized any tobacco
product, nicotine product, or electronic cigarette as provided
in subsection (g) and a person having any property interest in
the seized property has not been charged with an offense under
this Section or a violation of the Preventing Youth Vaping
Act, the Department of Revenue must hold a hearing and
determine whether the seized tobacco products, alternative
nicotine products, or electronic cigarettes were part of the
inventory located at the place of business when a violation of

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subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this
Section or a violation of the Preventing Youth Vaping Act
occurred and whether any seized tobacco product, alternative
nicotine product, or electronic cigarette was of a type
involved in that violation. The Department of Revenue shall
give not less than 20 days' notice of the time and place of the
hearing to the owner of the property, if the owner is known,
and also to the person in whose possession the property was
found if that person is known and if the person in possession
is not the owner of the property. If neither the owner nor the
person in possession of the property is known, the Department
of Revenue must cause publication of the time and place of the
hearing to be made at least once each week for 3 weeks
successively in a newspaper of general circulation in the
county where the hearing is to be held.
If, as the result of the hearing, the Department of
Revenue determines that the tobacco products, alternative
nicotine products, or the electronic cigarettes were part of
the inventory located at the place of business when a
violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or
(d) of this Section or a violation of the Preventing Youth
Vaping Act at the time of seizure, the Department of Revenue
must enter an order declaring the tobacco product, alternative
nicotine product, or electronic cigarette confiscated and
forfeited to the State, to be held by the Department of Revenue
for disposal by it as provided in Section 10-58 of the Tobacco

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Products Tax Act of 1995. The Department of Revenue must give
notice of the order to the owner of the property, if the owner
is known, and also to the person in whose possession the
property was found if that person is known and if the person in
possession is not the owner of the property. If neither the
owner nor the person in possession of the property is known,
the Department of Revenue must cause publication of the order
to be made at least once each week for 3 weeks successively in
a newspaper of general circulation in the county where the
hearing was held.
(Source: P.A. 101-2, eff. 7-1-19; 102-538, eff. 8-20-21;
102-575, eff. 1-1-22; 102-813, eff. 5-13-22.)
(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-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

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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-1) Any person who violates subsection (a-7.5) of
Section 1 is guilty of a petty offense. For the first offense
in a 24-month period, the person shall be fined $200. For the
second offense in a 24-month period, the person shall be fined
$400. For the third offense in a 24-month period, the person
shall be fined $600. For the fourth or subsequent offense in a
24-month period, the person shall be fined $800. For the
purposes of this subsection, the 24-month period shall begin
with the person's first violation of the Act.
(a-5) Any retailer who violates subsection (a), (a-5),
(a-5.1), (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 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

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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
the employee has received and completed tobacco training. The
form shall be kept in the employee's file and may be used to
provide proof of training.
(b) If a person under 21 years of age violates subsection
(a-6) of Section 1, he or she is guilty of a Class A

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