Bill Text: IL SB2239 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Expands approved methods of age verification to include examining a government-issued photographic identification and performing age verification through enhanced controls that utilize a scanning technology or other automated, software-based system. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2021-04-23 - Rule 3-9(a) / Re-referred to Assignments [SB2239 Detail]

Download: Illinois-2021-SB2239-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2239

Introduced 2/26/2021, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:
720 ILCS 675/1 from Ch. 23, par. 2357

Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Expands approved methods of age verification to include examining a government-issued photographic identification and performing age verification through enhanced controls that utilize a scanning technology or other automated, software-based system. Effective immediately.
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A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Prevention of Tobacco Use by Persons under
521 Years of Age and Sale and Distribution of Tobacco Products
6Act is amended by changing Section 1 as follows:
7 (720 ILCS 675/1) (from Ch. 23, par. 2357)
8 Sec. 1. Prohibition on sale of tobacco products,
9electronic cigarettes, and alternative nicotine products to
10persons under 21 years of age; prohibition on the distribution
11of tobacco product samples, electronic cigarette samples, and
12alternative nicotine product samples to any person; use of
13identification cards; vending machines; lunch wagons;
14out-of-package sales.
15 (a) No person under 21 years of age shall buy any tobacco
16product, electronic cigarette, or alternative nicotine
17product. No person shall sell, buy for, distribute samples of
18or furnish any tobacco product, electronic cigarette, or any
19alternative nicotine product to any person under 21 years of
20age.
21 (a-5) No person under 16 years of age may sell any tobacco
22product, electronic cigarette, or alternative nicotine product
23at a retail establishment selling tobacco products, electronic

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1cigarettes, or alternative nicotine products. This subsection
2does not apply to a sales clerk in a family-owned business
3which can prove that the sales clerk is in fact a son or
4daughter of the owner.
5 (a-5.1) Before selling, offering for sale, giving, or
6furnishing a tobacco product, electronic cigarette, or
7alternative nicotine product to another person, the person
8selling, offering for sale, giving, or furnishing the tobacco
9product, electronic cigarette, or alternative nicotine product
10shall verify that the person is at least 21 years of age by:
11 (1) examining from any person that appears to be under
12 30 years of age a government-issued photographic
13 identification that establishes the person to be 21 years
14 of age or older; or
15 (2) for sales of tobacco products, electronic
16 cigarettes, or alternative nicotine products made through
17 the Internet or other remote sales methods, performing an
18 age verification through an independent, third party age
19 verification service that compares information available
20 from public records to the personal information entered by
21 the person during the ordering process that establishes
22 the person is 21 years of age or older; or
23 (3) examining a government-issued photographic
24 identification and performing age verification through
25 enhanced controls that utilize a scanning technology or
26 other automated, software-based system.

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1 (a-6) No person under 21 years of age in the furtherance or
2facilitation of obtaining any tobacco product, electronic
3cigarette, or alternative nicotine product shall display or
4use a false or forged identification card or transfer, alter,
5or deface an identification card.
6 (a-7) (Blank).
7 (a-8) A person shall not distribute without charge samples
8of any tobacco product to any other person, regardless of age,
9except for smokeless tobacco in an adult-only facility.
10 This subsection (a-8) does not apply to the distribution
11of a tobacco product, electronic cigarette, or alternative
12nicotine product sample in any adult-only facility.
13 (a-9) For the purpose of this Section:
14 "Adult-only facility" means a facility or restricted
15 area (whether open-air or enclosed) where the operator
16 ensures or has a reasonable basis to believe (such as by
17 checking identification as required under State law, or by
18 checking the identification of any person appearing to be
19 under the age of 30) that no person under legal age is
20 present. A facility or restricted area need not be
21 permanently restricted to persons under 21 years of age to
22 constitute an adult-only facility, provided that the
23 operator ensures or has a reasonable basis to believe that
24 no person under 21 years of age is present during the event
25 or time period in question.
26 "Alternative nicotine product" means a product or

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1 device not consisting of or containing tobacco that
2 provides for the ingestion into the body of nicotine,
3 whether by chewing, smoking, absorbing, dissolving,
4 inhaling, snorting, sniffing, or by any other means.
5 "Alternative nicotine product" does not include:
6 cigarettes as defined in Section 1 of the Cigarette Tax
7 Act and tobacco products as defined in Section 10-5 of the
8 Tobacco Products Tax Act of 1995; tobacco product and
9 electronic cigarette as defined in this Section; or any
10 product approved by the United States Food and Drug
11 Administration for sale as a tobacco cessation product, as
12 a tobacco dependence product, or for other medical
13 purposes, and is being marketed and sold solely for that
14 approved purpose.
15 "Electronic cigarette" means:
16 (1) any device that employs a battery or other
17 mechanism to heat a solution or substance to produce a
18 vapor or aerosol intended for inhalation;
19 (2) any cartridge or container of a solution or
20 substance intended to be used with or in the device or
21 to refill the device; or
22 (3) any solution or substance, whether or not it
23 contains nicotine intended for use in the device.
24 "Electronic cigarette" includes, but is not limited
25 to, any electronic nicotine delivery system, electronic
26 cigar, electronic cigarillo, electronic pipe, electronic

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1 hookah, vape pen, or similar product or device, and any
2 components or parts that can be used to build the product
3 or device. "Electronic cigarette" does not include:
4 cigarettes as defined in Section 1 of the Cigarette Tax
5 Act and tobacco products as defined in Section 10-5 of the
6 Tobacco Products Tax Act of 1995; tobacco product and
7 alternative nicotine product as defined in this Section;
8 any product approved by the United States Food and Drug
9 Administration for sale as a tobacco cessation product, as
10 a tobacco dependence product, or for other medical
11 purposes, and is being marketed and sold solely for that
12 approved purpose; any asthma inhaler prescribed by a
13 physician for that condition and is being marketed and
14 sold solely for that approved purpose; or any therapeutic
15 product approved for use under the Compassionate Use of
16 Medical Cannabis Pilot Program Act.
17 "Lunch wagon" means a mobile vehicle designed and
18 constructed to transport food and from which food is sold
19 to the general public.
20 "Nicotine" means any form of the chemical nicotine,
21 including any salt or complex, regardless of whether the
22 chemical is naturally or synthetically derived.
23 "Tobacco product" means any product containing or made
24 from tobacco that is intended for human consumption,
25 whether smoked, heated, chewed, absorbed, dissolved,
26 inhaled, snorted, sniffed, or ingested by any other means,

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1 including, but not limited to, cigarettes, cigars, little
2 cigars, chewing tobacco, pipe tobacco, snuff, snus, and
3 any other smokeless tobacco product which contains tobacco
4 that is finely cut, ground, powdered, or leaf and intended
5 to be placed in the oral cavity. "Tobacco product"
6 includes any component, part, or accessory of a tobacco
7 product, whether or not sold separately. "Tobacco product"
8 does not include: an electronic cigarette and alternative
9 nicotine product as defined in this Section; or any
10 product that has been approved by the United States Food
11 and Drug Administration for sale as a tobacco cessation
12 product, as a tobacco dependence product, or for other
13 medical purposes, and is being marketed and sold solely
14 for that approved purpose.
15 (b) Tobacco products, electronic cigarettes, and
16alternative nicotine products may be sold through a vending
17machine only if such tobacco products, electronic cigarettes,
18and alternative nicotine products are not placed together with
19any non-tobacco product, other than matches, in the vending
20machine and the vending machine is in any of the following
21locations:
22 (1) (Blank).
23 (2) Places to which persons under 21 years of age are
24 not permitted access at any time.
25 (3) Places where alcoholic beverages are sold and
26 consumed on the premises and vending machine operation is

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

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1cigarettes, or alternative nicotine products are being sold or
2given to persons under 21 years of age if the "sting operation"
3or enforcement action is approved by, conducted by, or
4conducted on behalf of the Department of State Police, the
5county sheriff, a municipal police department, the Department
6of Revenue, the Department of Public Health, or a local health
7department. The results of any sting operation or enforcement
8action, including the name of the clerk, shall be provided to
9the retail seller within 7 business days.
10(Source: P.A. 101-2, eff. 7-1-19.)
11 Section 99. Effective date. This Act takes effect upon
12becoming law.
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