92nd General Assembly
Status of SB0856
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PETERSON-CLAYBORNE.

(MOORE)

   35 ILCS 130/3             from Ch. 120, par. 453.3                          
   35 ILCS 130/4             from Ch. 120, par. 453.4                          
   35 ILCS 130/5             from Ch. 120, par. 453.5                          
   35 ILCS 130/9             from Ch. 120, par. 453.9                          
   35 ILCS 130/9a            from Ch. 120, par. 453.9a                         
   35 ILCS 130/9b            from Ch. 120, par. 453.9b                         
   35 ILCS 130/18c new                                                         
   35 ILCS 130/24            from Ch. 120, par. 453.24                         
   35 ILCS 135/3             from Ch. 120, par. 453.33                         
   35 ILCS 135/4             from Ch. 120, par. 453.34                         
   35 ILCS 135/11            from Ch. 120, par. 453.41                         
   35 ILCS 135/12            from Ch. 120, par. 453.42                         
   35 ILCS 135/13            from Ch. 120, par. 453.43                         
   35 ILCS 135/13a           from Ch. 120, par. 453.43a                        
   35 ILCS 135/25b new                                                         
   35 ILCS 135/30            from Ch. 120, par. 453.60                         

        Amends the Cigarette Tax Act  and  the  Cigarette  Use  Tax  Act.      
   Provides  that the Department of Revenue may refuse to sell tax stamps      
   to any person who does not comply with either of the Acts.  Allows for      
   payment of the tax by electronic funds transfer.   Removes  references      
   to  the  Department's  coding of tax stamps.  Adds "or alternative tax      
   indicia" to a requirement that the Department  adopt  the  design  and      
   procure  the  printing of the tax stamp.  Authorizes the Department to      
   require that returns be accompanied by appropriate  computer-generated      
   magnetic media supporting schedule data.  Provides that a protest to a      
   notice  of  liability  for  the tax may be filed within 60 days of the      
   notice (now, 20).  Provides for a penalty of $10 per package  for  the      
   possession  of a package of cigarettes that is not tax stamped or that      
   is improperly tax stamped, up to and including 100 packages  possessed      
   (now, no penalty for the first 100 packages possessed).  Provides that      
   the  possession with intent to sell up to 100 such packages is a Class      
   A misdemeanor for the first offense and a  Class  4  felony  for  each      
   subsequent  offense.   Provides  that when cigarettes are acquired for      
   use in this State by a person who did not pay the tax, within 30  days      
   (now,  3  days)  the  person  shall  file a return with the Department      
   declaring possession and paying the tax.  Provides that the Department      
   may furnish the person with a suitable tax  stamp  if  the  Department      
   determines that the cigarettes still exist (now, shall issue a receipt      
   and furnish the stamp unconditionally).  Effective January 1, 2002.         
        SENATE AMENDMENT NO. 1.                                                
        Provides that anyone possessing not less than  10  and  not  more      
   than  100  packages  of cigarettes contained in original packages that      
   are not tax stamped as required by  the  Cigarette  Tax  Act  and  the      
   Cigarette  Use  Tax Act, or that are improperly tax stamped, is liable      
   for a penalty of $10 for each such package unless reasonable cause can      
   be established (underlying bill provides for penalty for possession of      
   100 or less such packages, with no lower limit; current  statute  does      
   not  provide for penalty for possession of 100 or less such packages).      
   Makes a technical correction.                                               
   FEB-21-2001  S  FIRST READING                                                  
   FEB-21-2001  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   FEB-28-2001  S       ASSIGNED TO COMMITTEE               REVENUE               
   MAR-08-2001  S       DO PASS                             010-000-000   SREV    
   MAR-08-2001  S  PLACED ON CALENDAR ORDER OF 2ND READING  01-03-20              
   MAR-08-2001  S  ADDED AS A CHIEF CO-SPONSOR              CLAYBORNE             
   MAR-30-2001  S  SECOND READING                                                 
   MAR-30-2001  S  PLACED ON CALENDAR ORDER OF 3RD READING  01-04-02              
   APR-02-2001  S  FILED WITH SECRETARY                                           
   APR-02-2001  S                             AMENDMENT NO. 01-PETERSON           
   APR-02-2001  S                     AMENDMENT REFERRED TO SRUL                  
   APR-02-2001  S                             AMENDMENT NO. 01-PETERSON           
   APR-02-2001  S             BE APPROVED FOR CONSIDERATION SRUL                  
   APR-02-2001  S  RECALLED TO SECOND READING                                     
   APR-02-2001  S                             AMENDMENT NO. 01-PETERSON           
   APR-02-2001  S                                   ADOPTED                       
   APR-02-2001  S  PLACED ON CALENDAR ORDER OF 3RD READING  01-04-03              
   APR-03-2001  S  THIRD READING - PASSED                   053-000-000           
   APR-03-2001  H  ARRIVE IN HOUSE                                                
   APR-03-2001  H  HOUSE SPONSOR                            TENHOUSE              
   APR-03-2001  H  PLACED CALENDAR ORDER OF FIRST READING                         
   APR-04-2001  H  FIRST READING                                                  
   APR-04-2001  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   APR-06-2001  H       ASSIGNED TO COMMITTEE               REVENUE               
   APR-25-2001  H  ALTERNATE PRIMARY SPONSOR CHANGED TO     MOORE                 
   MAY-03-2001  H  DO PASS/SHORT DEBATE                     011-000-000   HREV    
   MAY-03-2001  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   MAY-10-2001  H  SECOND READING-SHORT DEBATE                                    
   MAY-10-2001  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   MAY-16-2001  H  THIRD READING/SHORT DEBATE/PASSED        115-000-000           
   MAY-16-2001  S  PASSED BOTH HOUSES                                             
   JUN-14-2001  S  SENT TO THE GOVERNOR                                           
   AUG-09-2001  S  GOVERNOR APPROVED                                              
   AUG-09-2001  S                            EFFECTIVE DATE 02-01-01              
   AUG-09-2001  S  PUBLIC ACT.............................. 92-0322               

   END OF INQUIRY 



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