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91_HB4369eng HB4369 Engrossed LRB9111454DJcd 1 AN ACT to amend the Tobacco Accessories and Smoking Herbs 2 Control Act by changing Sections 3, 4, and 5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Tobacco Accessories and Smoking Herbs 6 Control Act is amended by changing Sections 3, 4, and 5 as 7 follows: 8 (720 ILCS 685/3) (from Ch. 23, par. 2358-3) 9 Sec. 3. Definitions. The following definitions shall 10 apply to this Act: 11 (a) "Tobacco accessories" shall mean cigarette papers, 12 pipes, holders of smoking materials of all types, cigarette 13 rolling machines, and other items, designed primarily for the 14 smoking or ingestion of tobacco products or of substances 15 made illegal under any statute or of substances whose sale, 16 gift, barter, or exchange is made unlawful under this Act. 17 (b) "Smoking herbs" shall mean all substances of plant 18 origin and their derivatives, including but not limited to 19 broom, calea, California poppy, damiana, hops, ginseng, 20 lobelia, jimson weed and other members of the Datura genus, 21 passion flower and wild lettuce, which are processed or sold 22 primarily for use as smoking materials. 23 (c) "Bidi cigarette" means a product that contains 24 tobacco that is wrapped in temburni or tendu leaf or that is 25 wrapped in any other material identified by rules of the 26 Department of Public Health that is similar in appearance or 27 characteristics to the temburni or tendu leaf. 28 (Source: P.A. 82-487.) 29 (720 ILCS 685/4) (from Ch. 23, par. 2358-4) 30 Sec. 4. Offenses. HB4369 Engrossed -2- LRB9111454DJcd 1 (a) Sale to minors. No person shall knowingly sell, 2 barter, exchange, deliver or give away or cause or permit or 3 procure to be sold, bartered, exchanged, delivered, or given 4 away tobacco accessories or smoking herbs to any person under 5 18 years of age. 6 (a-5) Sale of bidi cigarettes. No person shall knowingly 7 sell, barter, exchange, deliver, or give away a bidi 8 cigarette to another person, nor shall a person cause or 9 permit or procure a bidi cigarette to be sold, bartered, 10 exchanged, delivered, or given away to another person. 11 (b) Sale of cigarette paper. No person shall knowingly 12 offer, sell, barter, exchange, deliver or give away cigarette 13 paper or cause, permit, or procure cigarette paper to be 14 sold, offered, bartered, exchanged, delivered, or given away 15 except from premises or an establishment where other tobacco 16 products are sold. For purposes of this Section, "tobacco 17 products" means cigarettes, cigars, smokeless tobacco, or 18 tobacco in any of its forms. 19 (c) Sale of cigarette paper from vending machines. No 20 person shall knowingly offer, sell, barter, exchange, deliver 21 or give away cigarette paper or cause, permit, or procure 22 cigarette paper to be sold, offered, bartered, exchanged, 23 delivered, or given away by use of a vending or coin-operated 24 machine or device. For purposes of this Section, "cigarette 25 paper" shall not include any paper that is incorporated into 26 a product to which a tax stamp must be affixed under the 27 Cigarette Tax Act or the Cigarette Use Tax Act. 28 (d) Use of identification cards. No person in the 29 furtherance or facilitation of obtaining smoking accessories 30 and smoking herbs shall display or use a false or forged 31 identification card or transfer, alter, or deface an 32 identification card. 33 (e) Warning to minors. Any person, firm, partnership, 34 company or corporation operating a place of business where HB4369 Engrossed -3- LRB9111454DJcd 1 tobacco accessories and smoking herbs are sold or offered for 2 sale shall post in a conspicuous place upon the premises a 3 sign upon which there shall be imprinted the following 4 statement, "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO 5 PERSONS UNDER EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION 6 OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW". The 7 sign shall be printed on a white card in red letters at least 8 one-half inch in height. 9 (Source: P.A. 87-153.) 10 (720 ILCS 685/5) (from Ch. 23, par. 2358-5) 11 Sec. 5. Penalty. 12 (a) Any person who shall knowingly violate, or shall 13 knowingly cause the violation of any provision of this Act 14 other than subsection (a-5) of Section 4 shall be guilty of a 15 Class C misdemeanor. 16 (b) Any person who knowingly violates or knowingly causes 17 the violation of subsection (a-5) of Section 4 is guilty of a 18 petty offense for which the offender may be fined an amount 19 as follows: 20 (1) For a first offense, not less than $100 and not 21 more than $500. 22 (2) For a second offense within a 2-year period, not 23 less than $250 and not more than $500. 24 (3) For a third or subsequent offense within a 25 2-year period, not less than $500 and not more than 26 $1,000. 27 (Source: P.A. 82-487.)