House Sponsors: HOLBROOK-FOWLER-SCOTT-O'BRIEN-SILVA, DELGADO, HAMOS AND DAVIS,STEVE. Short description: TOBACCO-POSSESSION-MINORS Synopsis of Bill as introduced: Amends the Sale of Tobacco to Minors Act. Changes the short title to the Prevention of Tobacco Use by Minors Act. Prohibits minors from possessing or smoking tobacco (now only the buying by and the sale and distribution to minors of tobacco is prohibited). Provides that the court may impose for possession or smoking of tobacco products by a minor up to 25 hours of community service for the first offense, up to 25 hours of community service and a fine not to exceed $25 for the second offense in a 12-month period, and up to 30 hours of community service and a fine not to exceed $50 for the third or subsequent offense in a 12-month period. Permits the court to sentence a minor who is convicted of or placed on supervision for possessing tobacco products to attend a smoker's education program with the offender's consent if such a program is available where the minor resides. Exempts from violations the possession or smoking of tobacco products by minors who are members of the Armed Forces or Reserve Forces and those who participate in an experimental or research program that is conducted by an accredited institution of higher education to study the effects of tobacco products on minors. FISCAL NOTE (Administrative Office of the Illinois Courts) Workload of the Circuit Courts and Probation and Court Services Departments may increase. FISCAL NOTE (Dept. of Public Health) HB87 does not directly impact any program administered by DPH. CORRECTIONAL NOTE (Dept. of Corrections) HB87 will have no fiscal or prison population impact on DOC. HOUSE AMENDMENT NO. 1. Deletes reference to: 720 ILCS 675/Act title 720 ILCS 675/0.01 720 ILCS 675/1 720 ILCS 675/2 Adds reference to: New Act 35 ILCS 130/4 from Ch. 120, par. 453.4 35 ILCS 135/4 from Ch. 120, par. 453.34 235 ILCS 5/3-12 from Ch. 43, par. 108 720 ILCS 675/Act rep. 720 ILCS 680/Act rep. Deletes everything. Creates the Illinois Underage Purchase, Possession, and Sales Prevention Act of 1999. Provides penalties for the distribution of tobacco to a person under 18 years of age. Prohibits a person under 18 years from acquiring or attempting to acquire tobacco. Provides certain training requirements for retail clerks who sell tobacco. Provides that no person may sell tobacco through a vending machine unless certain guidelines concerning who may have access to the machine are met. Prohibits the sale of tobacco other than in sealed packages. Requires that tobacco retailers be licensed. Provides that the Act shall be enforced by the Liquor Control Commission. Provides various penalties for various violations of the Act. Provides that a second or subsequent violation of the prohibition against selling tobacco products at retail is a Class B misdemeanor. Preempts home rule. Amends the Cigarette Tax Act. Provides that part of the fee for a distributor's license under the Act shall be used to assist the Liquor Control Commission in enforcing the Illinois Underage Purchase, Possession, and Sales Prevention Act of 1999. Amends the Cigarette Use Tax Act. Provides that a portion of the fee for a distributor's license under the Act shall be used to assist the Liquor Control Commission in enforcing the Illinois Underage Purchase, Possession, and Sales Prevention Act of 1999. Amends the Liquor Control Act of 1934. Removes obsolete provisions. Provides that the Liquor Control Commission shall be responsible for issuing licenses to engage in the retail sale of tobacco products. Repeals the Sale of Tobacco to Minors Act and the Smokeless Tobacco Limitation Act. Effective immediately. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 0 END OF INQUIRY Full Text Bill Status