Rep. John E. Bradley

Filed: 11/18/2014

 

 


 

 


 
09800SB2915ham001LRB098 17638 HLH 62350 a

1
AMENDMENT TO SENATE BILL 2915

2    AMENDMENT NO. ______. Amend Senate Bill 2915 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Tobacco Products Manufacturers' Escrow
5Enforcement Act of 2003 is amended by changing Section 25 as
6follows:
 
7    (30 ILCS 167/25)
8    Sec. 25. Reporting of information; escrow installments.
9    (a) Not later than 20 days after the end of each calendar
10quarter, and more frequently if so directed by the Attorney
11General, each distributor shall submit the information as the
12Attorney General requires to facilitate compliance with this
13Act, including, but not limited to, a list by brand family of
14the total number of cigarettes or in the case of roll-your-own,
15the equivalent stick count for which the distributor affixed
16stamps during the previous calendar quarter or otherwise paid

 

 

09800SB2915ham001- 2 -LRB098 17638 HLH 62350 a

1the tax due for these cigarettes. The distributor shall
2maintain, and make available to the Attorney General, all
3invoices and documentation of sales of all non-participating
4manufacturer cigarettes and any other information relied upon
5in reporting to the Attorney General for a period of 5 years.
6    (b) The Attorney General is authorized to disclose to the
7Director any information received under this Act for purposes
8of determining compliance with and enforcing the provisions of
9this Act. The Director and Attorney General shall share with
10each other the information received under this Act, and may
11share the information with other federal, State, or local
12agencies only for purposes of enforcement of this Act, the
13Escrow Act, or corresponding laws of other states. The Director
14and Attorney General shall also share with each other the
15information received under the Cigarette Tax Act, the Cigarette
16Use Tax Act, the Tobacco Products Tax Act of 1995, the
17Cigarette Machine Operators' Occupation Tax Act, and the
18Retailers' Occupation Tax Act for the purposes of enforcement
19of this Act and the Escrow Act.
20    (c) The Attorney General may require at any time, from the
21non-participating manufacturer, proof from the financial
22institution in which the manufacturer has established a
23qualified escrow fund for the purpose of compliance with the
24Escrow Act of the amount of money in the fund being held on
25behalf of the State and the dates of deposits, and listing the
26amounts of all withdrawals from the fund and the dates thereof.

 

 

09800SB2915ham001- 3 -LRB098 17638 HLH 62350 a

1    (d) In addition to the information required to be submitted
2pursuant to this Act, the Attorney General may require a
3distributor or tobacco product manufacturer to submit any
4additional information including, but not limited to, samples
5of the packaging or labeling of each brand family, as is
6necessary to enable the Attorney General to determine whether a
7tobacco product manufacturer is in compliance with this Act.
8    (e) To promote compliance with the provisions of this Act,
9the Attorney General may promulgate regulations requiring a
10tobacco product manufacturer subject to the requirements of
11subsection (a)(2) of Section 15 to make the escrow deposits
12required in quarterly installments during the year in which the
13sales covered by the deposits are made. The Attorney General
14may require production of information sufficient to enable the
15Attorney General to determine the adequacy of the amount of the
16installment deposit.
17(Source: P.A. 93-446, eff. 1-1-04; 94-575, eff. 8-12-05.)
 
18    Section 10. The Cigarette Machine Operators' Occupation
19Tax Act is amended by changing Section 1-30 as follows:
 
20    (35 ILCS 128/1-30)
21    Sec. 1-30. Cigarette tubes used in cigarette machines.
22    (a) All cigarette tubes used in cigarette machines in the
23possession of cigarette machine operators licensed under
24Section 1-15 of this Act shall be constructed of paper of a

 

 

09800SB2915ham001- 4 -LRB098 17638 HLH 62350 a

1type determined by the Attorney General, pursuant to rules
2promulgated by the Attorney General under the provisions of the
3Administrative Procedure Act, to reduce the likely ignition
4propensity of cigarettes made by those tubes.
5    (b) A cigarette machine operator is not required to comply
6with subsection (a) of this Section until the Attorney General
7has promulgated rules implementing subsection (a) and the rules
8have become effective. The effective date for such rules shall
9be no earlier than 6 months after the date on which an
10appropriate nationally recognized standard is developed for
11the reduced ignition propensity of cigarette tubes January 1,
122014.
13(Source: P.A. 97-688, eff. 6-14-12.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".