IL
Illinois Senate Bill SB2231

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2231 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2231 Introduced 2/7/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: 720 ILCS 675/1.6 new720 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 before electronic cigarettes may be sold in the State, each manufacturer of such products shall register its electronic cigarette products with the Department of Revenue and shall submit an affidavit to the Department of Revenue. Describes the form of the affidavit. Provides that the information in the affidavit shall be compiled in a registry maintained by the Department of Revenue, updated daily, and made publicly available on the Department's website. Provides that the Department of Revenue, the Department of Public Health, the Attorney General, and local law enforcement agencies shall enforce these provisions by seizing electronic cigarette products that are not in compliance. Provides that the Department of Revenue shall adopt rules to enforce these provisions. Provides that a manufacturer who violates these provisions is guilty of a Class A misdemeanor. Effective immediately. LRB104 10168 BDA 20240 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2231 Introduced 2/7/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: 720 ILCS 675/1.6 new720 ILCS 675/2 from Ch. 23, par. 2358 720 ILCS 675/1.6 new 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 before electronic cigarettes may be sold in the State, each manufacturer of such products shall register its electronic cigarette products with the Department of Revenue and shall submit an affidavit to the Department of Revenue. Describes the form of the affidavit. Provides that the information in the affidavit shall be compiled in a registry maintained by the Department of Revenue, updated daily, and made publicly available on the Department's website. Provides that the Department of Revenue, the Department of Public Health, the Attorney General, and local law enforcement agencies shall enforce these provisions by seizing electronic cigarette products that are not in compliance. Provides that the Department of Revenue shall adopt rules to enforce these provisions. Provides that a manufacturer who violates these provisions is guilty of a Class A misdemeanor. Effective immediately. LRB104 10168 BDA 20240 b LRB104 10168 BDA 20240 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2231 Introduced 2/7/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
33 720 ILCS 675/1.6 new720 ILCS 675/2 from Ch. 23, par. 2358 720 ILCS 675/1.6 new 720 ILCS 675/2 from Ch. 23, par. 2358
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55 720 ILCS 675/2 from Ch. 23, par. 2358
66 Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that before electronic cigarettes may be sold in the State, each manufacturer of such products shall register its electronic cigarette products with the Department of Revenue and shall submit an affidavit to the Department of Revenue. Describes the form of the affidavit. Provides that the information in the affidavit shall be compiled in a registry maintained by the Department of Revenue, updated daily, and made publicly available on the Department's website. Provides that the Department of Revenue, the Department of Public Health, the Attorney General, and local law enforcement agencies shall enforce these provisions by seizing electronic cigarette products that are not in compliance. Provides that the Department of Revenue shall adopt rules to enforce these provisions. Provides that a manufacturer who violates these provisions is guilty of a Class A misdemeanor. Effective immediately.
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Prevention of Tobacco Use by Persons under
1616 5 21 Years of Age and Sale and Distribution of Tobacco Products
1717 6 Act is amended by changing Section 2 and by adding Section 1.6
1818 7 as follows:
1919 8 (720 ILCS 675/1.6 new)
2020 9 Sec. 1.6. Manufacturer requirements; electronic
2121 10 cigarettes.
2222 11 (a) Before electronic cigarettes may be sold in this State,
2323 12 each manufacturer of such products shall register its
2424 13 electronic cigarette products with the Department of Revenue
2525 14 and shall submit an affidavit to the Department of Revenue in
2626 15 substantially the following form:
2727 16 ILLINOIS AFFIDAVIT FOR ATTESTATION OF ELECTRONIC CIGARETTES
2828 17 PRODUCTS
2929 18 Affiant hereby states and affirms that:
3030 19 (1) (name of manufacturer)_........is the manufacturer
3131 20 of an electronic cigarette product that is sold or
3232 21 intended to be sold in this State, whether directly or
3333 22 indirectly, or through a distributor, retailer, or similar
3434 23 intermediary or intermediaries.
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2231 Introduced 2/7/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
3939 720 ILCS 675/1.6 new720 ILCS 675/2 from Ch. 23, par. 2358 720 ILCS 675/1.6 new 720 ILCS 675/2 from Ch. 23, par. 2358
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4141 720 ILCS 675/2 from Ch. 23, par. 2358
4242 Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that before electronic cigarettes may be sold in the State, each manufacturer of such products shall register its electronic cigarette products with the Department of Revenue and shall submit an affidavit to the Department of Revenue. Describes the form of the affidavit. Provides that the information in the affidavit shall be compiled in a registry maintained by the Department of Revenue, updated daily, and made publicly available on the Department's website. Provides that the Department of Revenue, the Department of Public Health, the Attorney General, and local law enforcement agencies shall enforce these provisions by seizing electronic cigarette products that are not in compliance. Provides that the Department of Revenue shall adopt rules to enforce these provisions. Provides that a manufacturer who violates these provisions is guilty of a Class A misdemeanor. Effective immediately.
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7171 1 (2) (manufacturer representative)....... attests that
7272 2 this product was available for purchase in the United
7373 3 States as of (date available), and the manufacturer has
7474 4 applied for a marketing order for the electronic cigarette
7575 5 product by submitting a Premarket Tobacco Product
7676 6 Application on or before (date of application), to the
7777 7 United States Food and Drug Administration (FDA) or has
7878 8 received a marketing order or other authorization for the
7979 9 electronic cigarette product from the FDA pursuant to
8080 10 Section 387j of Title 21 of the United States Code.
8181 11 (3) (manufacturer)_...... shall notify the Department
8282 12 of Revenue within 30 days of any material change to the
8383 13 attestation, including whether the FDA has issued or not
8484 14 issued a market order or other authorization or has
8585 15 ordered the manufacturer to remove the electronic
8686 16 cigarette product, either temporarily or permanently, from
8787 17 the United States market.
8888 18 (4) (manufacturer)........ understands that it is
8989 19 unlawful for any person, directly or indirectly, to
9090 20 knowingly manufacture, distribute, sell, barter, or
9191 21 furnish in this State any electronic cigarette product
9292 22 that is not included in the directory. The Department of
9393 23 Revenue is relying on information provided in the
9494 24 aforesaid affidavit as to your authority to sell or
9595 25 distribute these products in Illinois. If the Department
9696 26 of Revenue is not advised in writing of authorization for
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107107 1 a product to be sold or distributed in Illinois so that it
108108 2 may be placed in the directory, it will be deemed an
109109 3 unlawful product.
110110 4 Date:...........
111111 5 (Company name)
112112 6 Subscribed and sworn to before me this_....day of ....20..
113113 7 Notary Public............
114114 8 My Commission Expires:......
115115 9 Commission No.......
116116 10 (b) The information described in subsection (a) shall be
117117 11 compiled in a registry maintained by the Department of
118118 12 Revenue, updated daily, and made publicly available on the
119119 13 Department's website.
120120 14 (c) The Department of Revenue, the Department of Public
121121 15 Health, the Attorney General, and local law enforcement
122122 16 agencies shall enforce the provisions of this Section by
123123 17 seizing electronic cigarette products that are not in
124124 18 compliance with this Section.
125125 19 (d) The Department of Revenue shall adopt rules to enforce
126126 20 this Section.
127127 21 (720 ILCS 675/2) (from Ch. 23, par. 2358)
128128 22 Sec. 2. Penalties.
129129 23 (a) Any person who violates subsection (a), (a-5),
130130 24 (a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act
131131 25 is guilty of a petty offense. For the first offense in a
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142142 1 24-month period, the person shall be fined $200 if his or her
143143 2 employer has a training program that facilitates compliance
144144 3 with minimum-age tobacco laws. For the second offense in a
145145 4 24-month period, the person shall be fined $400 if his or her
146146 5 employer has a training program that facilitates compliance
147147 6 with minimum-age tobacco laws. For the third offense in a
148148 7 24-month period, the person shall be fined $600 if his or her
149149 8 employer has a training program that facilitates compliance
150150 9 with minimum-age tobacco laws. For the fourth or subsequent
151151 10 offense in a 24-month period, the person shall be fined $800 if
152152 11 his or her employer has a training program that facilitates
153153 12 compliance with minimum-age tobacco laws. For the purposes of
154154 13 this subsection, the 24-month period shall begin with the
155155 14 person's first violation of the Act. The penalties in this
156156 15 subsection are in addition to any other penalties prescribed
157157 16 under the Cigarette Tax Act and the Tobacco Products Tax Act of
158158 17 1995.
159159 18 (a-5) Any retailer who violates subsection (a), (a-5),
160160 19 (a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act
161161 20 is guilty of a petty offense. For the first offense in a
162162 21 24-month period, the retailer shall be fined $200 if it does
163163 22 not have a training program that facilitates compliance with
164164 23 minimum-age tobacco laws. For the second offense in a 24-month
165165 24 period, the retailer shall be fined $400 if it does not have a
166166 25 training program that facilitates compliance with minimum-age
167167 26 tobacco laws. For the third offense within a 24-month period,
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178178 1 the retailer shall be fined $600 if it does not have a training
179179 2 program that facilitates compliance with minimum-age tobacco
180180 3 laws. For the fourth or subsequent offense in a 24-month
181181 4 period, the retailer shall be fined $800 if it does not have a
182182 5 training program that facilitates compliance with minimum-age
183183 6 tobacco laws. For the purposes of this subsection, the
184184 7 24-month period shall begin with the person's first violation
185185 8 of the Act. The penalties in this subsection are in addition to
186186 9 any other penalties prescribed under the Cigarette Tax Act and
187187 10 the Tobacco Products Tax Act of 1995.
188188 11 (a-6) For the purpose of this Act, a training program that
189189 12 facilitates compliance with minimum-age tobacco laws must
190190 13 include at least the following elements: (i) it must explain
191191 14 that only individuals displaying valid identification
192192 15 demonstrating that they are 21 years of age or older shall be
193193 16 eligible to purchase tobacco products, electronic cigarettes,
194194 17 or alternative nicotine products and (ii) it must explain
195195 18 where a clerk can check identification for a date of birth. The
196196 19 training may be conducted electronically. Each retailer that
197197 20 has a training program shall require each employee who
198198 21 completes the training program to sign a form attesting that
199199 22 the employee has received and completed tobacco training. The
200200 23 form shall be kept in the employee's file and may be used to
201201 24 provide proof of training.
202202 25 (a-7) A manufacturer who violates Section 1.6 is guilty of
203203 26 a Class A misdemeanor.
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214214 1 (b) If a person under 21 years of age violates subsection
215215 2 (a-6) of Section 1, he or she is guilty of a Class A
216216 3 misdemeanor.
217217 4 (c) (Blank).
218218 5 (d) (Blank).
219219 6 (e) (Blank).
220220 7 (f) (Blank).
221221 8 (g) (Blank).
222222 9 (h) All moneys collected as fines for violations of
223223 10 subsection (a), (a-5), (a-5.1), (a-6), (a-7) (a-8), (b), or
224224 11 (d) of Section 1 shall be distributed in the following manner:
225225 12 (1) one-half of each fine shall be distributed to the
226226 13 unit of local government or other entity that successfully
227227 14 prosecuted the offender; and
228228 15 (2) one-half shall be remitted to the State to be used
229229 16 for enforcing this Act.
230230 17 Any violation of subsection (a) or (a-5) of Section 1 or
231231 18 Section 1.6 shall be reported to the Department of Revenue
232232 19 within 7 business days.
233233 20 (Source: P.A. 102-558, eff. 8-20-21; 103-937, eff. 1-1-25.)
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