Page 291

House Bill No. 5506

Public Act No. 22-118 291 of 739

(5) Any person who violates this subsection shall be subject to a civil penalty of not more than one thousand dollars. (f) (1) In any prosecution of a seller or seller's agent or employee for a violation of subsection (b) of this section, it shall be an affirmative defense that all of the following occurred: (A) A cardholder attempting to purchase or receive cigarettes or a tobacco product presented a driver's license or an identity card; (B) a transaction scan of the driver's license or identity card that the cardholder presented indicated that the license or card was valid and indicated that the cardholder was at least twenty-one years of age; and (C) the cigarettes or a tobacco product was sold, given away or otherwise distributed to the cardholder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or seller's agent or employee has proven the affirmative defense provided by subdivision (1) of this section, the trier of fact in such prosecution shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or seller's agent or employee to exercise reasonable diligence and that the use of a transaction scan device does not excuse a seller or seller's agent or employee from exercising such reasonable diligence to determine the following: (A) Whether a person to whom the seller or seller's agent or employee sells, gives away or otherwise distributes cigarettes or a tobacco product is twenty-one years of age or older; and (B) whether the description and picture appearing on the driver's license or identity card presented by a cardholder is that of the cardholder. Sec. 199. (Effective from passage) Not later than the fifteenth day of each month of the fiscal year ending June 30, 2023, the Department of Administrative Services shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies concerning