Rep. John E. Bradley
Filed: 11/18/2014
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1 | AMENDMENT TO SENATE BILL 2915
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2 | AMENDMENT NO. ______. Amend Senate Bill 2915 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Tobacco Products Manufacturers' Escrow | ||||||
5 | Enforcement Act of 2003 is amended by changing Section 25 as | ||||||
6 | follows:
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7 | (30 ILCS 167/25)
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8 | Sec. 25. Reporting of information; escrow installments.
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9 | (a) Not later than 20 days after the end of each calendar | ||||||
10 | quarter, and more
frequently if so
directed by the Attorney | ||||||
11 | General, each distributor shall submit the information
as the | ||||||
12 | Attorney
General requires to facilitate compliance with this | ||||||
13 | Act, including, but not
limited to, a list by
brand family of | ||||||
14 | the total number of cigarettes or in the case of roll-your-own,
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15 | the equivalent stick
count for which the distributor affixed | ||||||
16 | stamps during the previous calendar
quarter or otherwise
paid |
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1 | the tax due for these cigarettes. The distributor shall | ||||||
2 | maintain, and make
available to the
Attorney General, all | ||||||
3 | invoices and documentation of sales of all
non-participating | ||||||
4 | manufacturer
cigarettes and any other information relied upon | ||||||
5 | in reporting to the Attorney
General for a period of 5 years.
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6 | (b) The Attorney General is authorized to disclose to the | ||||||
7 | Director any
information received
under this Act for purposes | ||||||
8 | of
determining compliance with
and enforcing the provisions of | ||||||
9 | this Act. The Director and Attorney General
shall share with | ||||||
10 | each
other the information received under this Act, and may | ||||||
11 | share the information
with other federal,
State, or local | ||||||
12 | agencies only for purposes of enforcement of this Act, the
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13 | Escrow Act, or corresponding laws of other states. The Director | ||||||
14 | and Attorney General
shall also share with each
other the | ||||||
15 | information received under the Cigarette Tax Act, the Cigarette | ||||||
16 | Use Tax Act, the Tobacco Products Tax Act of 1995, the | ||||||
17 | Cigarette Machine Operators' Occupation Tax Act, and the | ||||||
18 | Retailers' Occupation Tax Act for the purposes of enforcement | ||||||
19 | of this Act and the
Escrow Act.
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20 | (c) The Attorney General may require at any time, from the | ||||||
21 | non-participating
manufacturer,
proof from the financial | ||||||
22 | institution in which the manufacturer has established
a | ||||||
23 | qualified escrow
fund for the purpose of compliance with the | ||||||
24 | Escrow Act of the amount of money
in the fund being
held on | ||||||
25 | behalf of the State and the dates of deposits, and listing the | ||||||
26 | amounts
of all withdrawals from the fund and the dates thereof.
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1 | (d) In addition to the information required to be submitted | ||||||
2 | pursuant to this
Act, the
Attorney General may require a | ||||||
3 | distributor or tobacco product manufacturer to
submit any
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4 | additional information including, but not limited to, samples | ||||||
5 | of the packaging
or labeling of each
brand family, as is | ||||||
6 | necessary to enable the Attorney General to determine
whether a | ||||||
7 | tobacco
product manufacturer is in compliance with this Act.
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8 | (e) To promote compliance with the provisions of this Act, | ||||||
9 | the Attorney
General may
promulgate regulations requiring a | ||||||
10 | tobacco product manufacturer subject to the
requirements of
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11 | subsection (a)(2) of Section 15 to make the escrow deposits | ||||||
12 | required in
quarterly installments
during the year in which the | ||||||
13 | sales covered by the deposits are made. The
Attorney General | ||||||
14 | may
require production of information sufficient to enable the | ||||||
15 | Attorney General to
determine the adequacy of the amount of the | ||||||
16 | installment deposit.
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17 | (Source: P.A. 93-446, eff. 1-1-04; 94-575, eff. 8-12-05.)
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18 | Section 10. The Cigarette Machine Operators' Occupation | ||||||
19 | Tax Act is amended by changing Section 1-30 as follows: | ||||||
20 | (35 ILCS 128/1-30)
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21 | Sec. 1-30. Cigarette tubes used in cigarette machines. | ||||||
22 | (a) All cigarette tubes used in cigarette machines in the | ||||||
23 | possession of cigarette machine operators licensed under | ||||||
24 | Section 1-15 of this Act shall be constructed of paper of a |
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1 | type determined by the Attorney General, pursuant to rules | ||||||
2 | promulgated by the Attorney General under the provisions of the | ||||||
3 | Administrative Procedure Act, to reduce the likely ignition | ||||||
4 | propensity of cigarettes made by those tubes. | ||||||
5 | (b) A cigarette machine operator is not required to comply | ||||||
6 | with subsection (a) of this Section until the Attorney General | ||||||
7 | has promulgated rules implementing subsection (a) and the rules | ||||||
8 | have become effective. The effective date for such rules shall | ||||||
9 | be no earlier than 6 months after the date on which an | ||||||
10 | appropriate nationally recognized standard is developed for | ||||||
11 | the reduced ignition propensity of cigarette tubes January 1, | ||||||
12 | 2014 .
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13 | (Source: P.A. 97-688, eff. 6-14-12.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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