Illinois 95th Regular Session Status: Passed House

HB 5363 — TOBACCO-MINORS-FALSE ID

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Sale of Tobacco to Minors Act. Provides that a minor under 18 years of age in the furtherance or facilitation of obtaining any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms shall not display or use a false or forged identification card or transfer, alter, or deface an identification card. Provides that tobacco products may be sold through a vending machine only if such tobacco products are not placed together with any non-tobacco product, other than matches, in the vending machine. Provides that the sale or distribution by any person of a tobacco product, including but not limited to a single or loose cigarette, that is not contained within a sealed container, pack, or package as provided by the manufacturer, which container, pack, or package bears the health warning required by federal law, is prohibited. Eliminates provisions that permit tobacco vending machines in: (1) factories, businesses, offices, private clubs, and other places not open to the general public; (2) places where alcoholic beverages are sold and consumed on the premises; and (3) places where the vending machine is under the direct supervision of the owner of the establishment or an employee over 18 years of age.

Bill Text

What changed in the latest version

33 added · 59 removed

Plain-language change summary

The legislative amendment to Bill HB 5363 made several significant changes regarding the sale of tobacco products through vending machines. Firstly, it clarifies that tobacco vending machines can only be operated under the direct supervision of the owner or an employee who is over 18, ensuring better compliance with age restrictions. Additionally, the bill prohibits the sale or distribution of tobacco products near schools, which aims to reduce minors' access to these products. This amendment matters because it strengthens regulations around the sale of tobacco, helping to protect young people from potential harm.

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*LRB09517546RLC43620b* HB5363 95TH GENERAL ASSEMBLY State of Illinois and 2008 HB5363 by Rep.
HB5363 Engrossed LRB095 17546 RLC 43620 b AN ACT concerning criminal law.
Daniel J.
Burke SYNOPSIS AS INTRODUCED:
ILCS 675/1 from Ch.
23, par.
2357 Amends the Sale of Tobacco to Minors Act.
Provides that a minor under years of age in the furtherance or facilitation of obtaining any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms shall not display or use a false or forged identification card or transfer, alter, or deface an identification card.
Provides that tobacco products may be sold through a vending machine only if such tobacco products are not placed together with any non-tobacco product, other than matches, in the vending machine.
Provides that the sale or distribution by any person of a tobacco product, including but not limited to a single or loose cigarette, that is the manufacturer, which container, pack, or package bears the healthd by warning required by federal law, is prohibited.
Eliminates provisions that permit tobacco vending machines in:
(1) factories, businesses, offices, private clubs, and other places not open to the general public;
(2) places where alcoholic beverages are sold and consumed on the premises;
and (3) places where the vending machine is under the direct supervision of the owner of the establishment or an employee over 18 years of age.
LRB095 17546 RLC 43620 b A BILL FOR HB5363 LRB095 17546 RLC 43620 b AN ACT concerning criminal law.
(a-6) No minor under 18 years of age in the furtherance or facilitation of obtaining any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms shall display or use a HB5363 - 2 - LRB095 17546 RLC 43620 b false or forged identification card or transfer, alter, or deface an identification card.
(a-6) No minor under 18 years of age in the furtherance or facilitation of obtaining any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms shall display or use a HB5363 Engrossed - 2 - LRB095 17546 RLC 43620 b false or forged identification card or transfer, alter, or deface an identification card.
(3) (Blank) Places where alcoholic beverages are sold and consumed on the premises.
(3) Places where alcoholic beverages are sold and consumed on the premises and vending machine operation is under the direct supervision of the owner or manager.
(5) Places where the vending machine can only be operated by the owner or an employee over age 18 either HB5363 - 3 - LRB095 17546 RLC 43620 b directly or through a remote control device if the device is inaccessible to all customers.
(5) Places where the vending machine can only be HB5363 Engrossed - 3 - LRB095 17546 RLC 43620 b operated by the owner or an employee over age 18 either directly or through a remote control device if the device is inaccessible to all customers.
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Action History

  1. Session Sine Die

  2. Rule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee

  3. Referred to Rules

  4. First Reading

  5. Chief Senate Sponsor Sen. James F. Clayborne, Jr.

  6. Placed on Calendar Order of First Reading April 17, 2008

  7. Arrive in Senate

  8. Third Reading - Short Debate - Passed 109-000-002

  9. Placed on Calendar Order of 3rd Reading - Short Debate

  10. House Floor Amendment No. 1 Adopted by Voice Vote

  11. Second Reading - Short Debate

  12. House Floor Amendment No. 1 Recommends Be Adopted Consumer Protection Committee; 008-000-000

  13. House Floor Amendment No. 1 Rules Refers to Consumer Protection Committee

  14. House Floor Amendment No. 1 Referred to Rules Committee

  15. House Floor Amendment No. 1 Filed with Clerk by Rep. Daniel J. Burke

  16. Added Co-Sponsor Rep. William Davis

  17. Placed on Calendar 2nd Reading - Short Debate

  18. Do Pass / Short Debate Consumer Protection Committee; 009-000-000

  19. Added Chief Co-Sponsor Rep. Marlow H. Colvin

  20. Assigned to Consumer Protection Committee

  21. Added Chief Co-Sponsor Rep. Angelo Saviano

  22. Added Chief Co-Sponsor Rep. Paul D. Froehlich

  23. Referred to Rules Committee

  24. First Reading

  25. Filed with the Clerk by Rep. Daniel J. Burke

Sponsors

  • Daniel J. Burke · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Daniel J. Burke

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 109 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 96009
Democrat 9000
Republican 4000
Total 109009
% of votes cast 92%0%0%8%
How each member voted (118)
Member Party Vote
Holbrook — Yea
Jefferies — Yea
Nekritz — Yea
Jefferson — Yea
Krause — Yea
Dugan — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Hernandez — Yea
Madigan — Not Voting
Howard — Yea
Osterman — Yea
Phelps — Yea
Davis, Monique — Yea
Pihos — Yea
Bradley, Richard — Not Voting
Watson — Not Voting
Harris — Not Voting
Turner — Not Voting
Verschoore — Yea
Wait — Yea
Washington — Not Voting
Winters — Yea
Yarbrough — Yea
Younge — Yea
Coladipietro — Not Voting
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dunkin — Not Voting
Jakobsson — Yea
Kosel — Yea
Mathias — Yea
Reitz — Yea
McAuliffe — Yea
McCarthy — Yea
Lyons — Yea
Mendoza — Yea
Meyer — Yea
Moffitt — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
Schock — Yea
Scully — Yea
Tryon — Yea
McGuire — Yea
Bradley, John — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Cole — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Hassert — Yea
Osmond — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Mulligan — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 5363 do?
Amends the Sale of Tobacco to Minors Act. Provides that a minor under 18 years of age in the furtherance or facilitation of obtaining any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms shall not display or use a false or forged identification card or transfer, alter, or deface an identification card. Provides that tobacco products may be sold through a vending machine only if such tobacco products are not placed together with any non-tobacco product, other than matches, in the vending machine. Provides that the sale or distribution by any person of a tobacco product, including but not limited to a single or loose cigarette, that is not contained within a sealed container, pack, or package as provided by the manufacturer, which container, pack, or package bears the health warning required by federal law, is prohibited. Eliminates provisions that permit tobacco vending machines in: (1) factories, businesses, offices, private clubs, and other places not open to the general public; (2) places where alcoholic beverages are sold and consumed on the premises; and (3) places where the vending machine is under the direct supervision of the owner of the establishment or an employee over 18 years of age.
Who sponsors HB 5363?
HB 5363 is sponsored by Daniel J. Burke.
What is the current status of HB 5363?
This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5363?
Track HB 5363 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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