Bill Status of HB 4302   93rd General Assembly

Short Description:  DISPLAY OF TOBACCO ACT

House Sponsors
Rep. Karen A. Yarbrough-Elizabeth Coulson-Eddie Washington-Kathleen A. Ryg-Kenneth Dunkin, Cynthia Soto, Marlow H. Colvin, Joseph M. Lyons, Sara Feigenholtz, Michael K. Smith, John A. Fritchey, Rosemary Kurtz, Elaine Nekritz, Maria Antonia Berrios, Jack McGuire, Karen May, Harry Osterman, Julie Hamos, Calvin L. Giles, Deborah L. Graham, Charles G. Morrow III, Charles E. Jefferson, William Delgado, Patricia Bailey, David E. Miller, Lovana Jones, Robin Kelly, Paul D. Froehlich, William Davis, Monique D. Davis, Susana Mendoza, Wyvetter H. Younge, Sidney H. Mathias, Linda Chapa LaVia and Jack D. Franks

Senate Sponsors
(Sen. James T. Meeks-Jacqueline Y. Collins-Edward D. Maloney-Susan Garrett-Lawrence M. Walsh)


Last Action  View All Actions

DateChamber Action
  8/9/2004HousePublic Act . . . . . . . . . 93-0886

Statutes Amended In Order of Appearance
New Act
720 ILCS 675/1from Ch. 23, par. 2357

Synopsis As Introduced
Creates the Display of Tobacco Products Act. Provides that it is unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location where the consumer can acquire those products through self-service. Provides that every tobacco product must be displayed from behind a sales or service counter so that a consumer cannot access tobacco products without assistance by an employee of the retail establishment authorized to sell tobacco products. Exempts the sale of tobacco products from vending machines if the vending machines are located in places authorized under the Sale of Tobacco to Minors Act. Provides that a violation is a petty offense. Exempts retail tobacco stores. Amends the Sale of Tobacco to Minors Act. Prohibits a minor under 18 years of age from selling tobacco products at a retail establishment authorized to sell tobacco products. Exempts a sales clerk in a family-owned business which can prove that the clerk is in fact a son or daughter of the owner. Effective January 1, 2005.

House Amendment No. 1
Deletes reference to:
720 ILCS 675/1

Deletes all. Creates the Display of Tobacco Products Act. Provides that it is unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location unless the tobacco products are displayed from behind a sales or service counter or in an age restricted area of a retail establishment or in an enclosed display case so that a consumer cannot access tobacco products without the assistance of an employee of the retail establishment authorized to sell tobacco products. Provides that these restrictions do not apply to a retail tobacco store that (i) derives at least 90% of its revenue from tobacco and tobacco related products; (ii) does not permit persons under the age of 18 to enter the premises; and (iii) posts a sign on the main entrance way stating that persons under the age of 18 are prohibited from entering. Provides that a minor under 18 years of age may not sell any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms at a retail establishment. Provides that this prohibition does not apply to a sales clerk in a family-owned business that can prove that the sales clerk is the son or daughter of the owner. Provides that a violation of the Act is a petty offense for which the court shall impose a fine of not less than $100 nor more than $1,000.

House Amendment No. 2
Deletes everything after the enacting clause. Reinserts the provisions of the bill. Provides that single packs of cigarettes must be sold from behind the counter or in an age restricted area in which minors under 18 years of age are not permitted access or in a sealed display case and all other tobacco products must be in the line of sight of the cashier or other employee of the store. Provides that persons at least 16 years of age may sell tobacco products. Effective January 1, 2005.

 Correctional Note (Dept of Corrections)
 Corrections Population Impact is zero and Fiscal Impact is zero.

 State Mandates Fiscal Note (Department of Commerce and Economic Opportunity)
 Does not create a state mandate under the State Mandates Act.

 Correctional Note (Dept of Corrections)
 There is no corrections population or fiscal impact on the Department of Corrections

House Amendment No. 3
Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended with the following changes. Defines "line of sight" as being visible to a cashier or other employee. Deletes from the definition of line of sight "whether directly or by means of mirrors or monitors". Provides that a person under 18 years of age may be permitted in an age restricted area if accompanied by a parent or legal guardian. Effective January 1, 2005.

Actions 
DateChamber Action
  1/30/2004HouseFiled with the Clerk by Rep. Karen A. Yarbrough
  2/2/2004HouseFirst Reading
  2/2/2004HouseReferred to Rules Committee
  2/4/2004HouseAdded Chief Co-Sponsor Rep. Jack McGuire
  2/4/2004HouseAdded Chief Co-Sponsor Rep. Kathleen A. Ryg
  2/9/2004HouseAdded Chief Co-Sponsor Rep. Eddie Washington
  2/9/2004HouseAdded Chief Co-Sponsor Rep. Kenneth Dunkin
  2/9/2004HouseAdded Co-Sponsor Rep. Cynthia Soto
  2/10/2004HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  2/10/2004HouseSponsor Removed Rep. Jack McGuire
  2/10/2004HouseAdded Chief Co-Sponsor Rep. Elizabeth Coulson
  2/10/2004HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  2/10/2004HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  2/10/2004HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  2/10/2004HouseAdded Co-Sponsor Rep. Michael K. Smith
  2/10/2004HouseAdded Co-Sponsor Rep. John A. Fritchey
  2/10/2004HouseAdded Co-Sponsor Rep. Rosemary Kurtz
  2/10/2004HouseAdded Co-Sponsor Rep. Elaine Nekritz
  2/10/2004HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  2/10/2004HouseAdded Co-Sponsor Rep. Jack McGuire
  2/10/2004HouseAdded Co-Sponsor Rep. Karen May
  2/10/2004HouseAdded Co-Sponsor Rep. Harry Osterman
  2/10/2004HouseAdded Co-Sponsor Rep. Julie Hamos
  2/18/2004HouseAssigned to Consumer Protection Committee
  2/20/2004HouseAdded Co-Sponsor Rep. Calvin L. Giles
  2/20/2004HouseAdded Co-Sponsor Rep. Deborah L. Graham
  2/20/2004HouseAdded Co-Sponsor Rep. Charles G. Morrow, III
  2/20/2004HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  2/20/2004HouseAdded Co-Sponsor Rep. William Delgado
  2/20/2004HouseAdded Co-Sponsor Rep. Patricia Bailey
  2/20/2004HouseCo-Sponsor Rep. David E. Miller
  2/20/2004HouseCo-Sponsor Rep. Lovana Jones
  2/20/2004HouseCo-Sponsor Rep. Robin Kelly
  2/24/2004HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  2/24/2004HouseAdded Co-Sponsor Rep. Paul D. Froehlich
  2/24/2004HouseSponsor Removed Rep. Patricia R. Bellock
  2/25/2004HouseRe-assigned to Human Services Committee
  2/26/2004HouseAdded Co-Sponsor Rep. William Davis
  3/2/2004HouseAdded Co-Sponsor Rep. Monique D. Davis
  3/4/2004HouseHouse Amendment No. 1 Filed with Clerk by Human Services Committee
  3/4/2004HouseHouse Amendment No. 2 Filed with Clerk by Human Services Committee
  3/4/2004HouseHouse Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/4/2004HouseHouse Amendment No. 2 Adopted in Human Services Committee; by Voice Vote
  3/4/2004HouseDo Pass as Amended / Short Debate Human Services Committee; 007-001-000
  3/4/2004HousePlaced on Calendar 2nd Reading - Short Debate
  3/9/2004HouseCorrectional Note Filed
  3/23/2004HouseState Mandates Fiscal Note Filed As Amended by HA 1
  3/23/2004HouseCorrectional Note Filed
  3/24/2004HouseAdded Co-Sponsor Rep. Susana Mendoza
  3/25/2004HouseAdded Co-Sponsor Rep. Wyvetter H. Younge
  3/31/2004HouseHouse Amendment No. 3 Filed with Clerk by Rep. Karen A. Yarbrough
  3/31/2004HouseHouse Amendment No. 3 Referred to Rules Committee
  3/31/2004HouseSecond Reading - Short Debate
  3/31/2004HouseHeld on Calendar Order of Second Reading - Short Debate
  4/1/2004HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  4/1/2004HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  4/1/2004HouseHouse Amendment No. 3 Adopted by Voice Vote
  4/1/2004HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/2/2004HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/2/2004HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/2/2004HouseThird Reading - Short Debate - Passed 116-000-000
  4/6/2004SenateArrive in Senate
  4/6/2004SenatePlaced on Calendar Order of First Reading April 20, 2004
  4/6/2004SenateChief Senate Sponsor Sen. James T. Meeks
  4/6/2004SenateFirst Reading
  4/6/2004SenateReferred to Rules
  4/20/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/20/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Edward D. Maloney
  4/21/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Susan Garrett
  4/21/2004SenateAssigned to Executive
  4/29/2004SenateDo Pass Executive; 010-000-000
  4/29/2004SenatePlaced on Calendar Order of 2nd Reading May 4, 2004
  5/5/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Lawrence M. Walsh
  5/12/2004SenateSecond Reading
  5/12/2004SenatePlaced on Calendar Order of 3rd Reading May 13, 2004
  5/13/2004SenateThird Reading - Passed; 058-000-000
  5/13/2004HousePassed Both Houses
  6/11/2004HouseSent to the Governor
  8/9/2004HouseGovernor Approved
  8/9/2004HouseEffective Date January 1, 2005
  8/9/2004HousePublic Act . . . . . . . . . 93-0886

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