SIEBEN-WALSH,L. (BLACK) New Act 30 ILCS 168/20 new 35 ILCS 130/3 from Ch. 120, par. 453.3 35 ILCS 130/6 from Ch. 120, par. 453.6 35 ILCS 135/3 from Ch. 120, par. 453.33 Creates the Tobacco Product Manufacturers' Escrow Enforcement Act. Provides that a distributor of cigarettes may not affix, or cause to be affixed, tax stamps to individual packages of cigarettes delivered or caused to be delivered by the distributor in this State if the manufacturer of those cigarettes has (i) failed to become a participating manufacturer under the Tobacco Product Manufacturers' Escrow Act or (ii) failed to create a qualified escrow fund for any cigarettes manufactured by the tobacco product manufacturer and sold in this State or otherwise failed to bring itself into compliance with certain provisions of the Tobacco Product Manufacturers' Escrow Act. A distributor who violates the Act is subject to the revocation, cancellation, or suspension of his or her license under the Cigarette Tax Act or the Cigarette Use Tax Act, as appropriate. Authorizes the Attorney General, in consultation with the Department of Revenue to adopt rules to effectuate compliance with the Act and the Tobacco Product Manufacturers' Escrow Act. Amends the Tobacco Product Manufacturers' Escrow Act, the Cigarette Tax Act, and the Cigarette Use Tax Act to make corresponding changes. Effective immediately. SENATE AMENDMENT NO. 1. Adds reference to: 35 ILCS 143/10-10 Replaces the language in the Cigarette Tax Act and the Cigarette Use Tax Act prohibiting a distributor from affixing, or causing to be affixed, tax stamps on packages of cigarettes unless the distributor complies with the certain requirements of the Tobacco Product Manufacturers' Escrow Act with a provision that no person may affix, or cause to be affixed, any tax stamp to a package of cigarettes unless the tobacco product manufacturer that made or sold the cigarettes is a participating manufacturer or has made all escrow payments required by the Tobacco Product Manufacturers' Escrow Act. Amends the Tobacco Products Tax Act of 1995. Provides that no person may pay the tax levied under the Act on a tobacco product defined as a cigarette under the Tobacco Product Manufacturers' Escrow Act unless the tobacco product manufacturer that made or sold the cigarettes is a participating manufacturer or has made all escrow payments required by the Tobacco Product Manufacturers' Escrow Act. HOUSE AMENDMENT NO. 1. Deletes reference to: 35 ILCS 143/10-10 Adds reference to: 35 ILCS 143/10-20 35 ILCS 143/10-25 Deletes everything after the enacting clause. Reinserts the provisions of the bill as engrossed but makes the following changes: (1) removes the definition of "cigarette" from the Tobacco Product Manufacturers' Escrow Enforcement Act and provides that "distributor" includes that term as defined in the Cigarette Tax Act, the Cigarette Use Tax Act, and the Tobacco Products Tax Act of 1995 (now, means that term as defined in the Cigarette Tax Act); (2) provides that the distributor's determination of tobacco manufacturer compliance with the Tobacco Product Manufacturers' Escrow Act applies to distributors under all 3 tax Acts (now, applies only to distributors under the Cigarette Tax Act); (3) provides that a distributor who violates the Escrow Enforcement Act is subject to penalties under all 3 tax Acts, as appropriate (now, subject to penalties only under the Cigarette Tax Act and the Cigarette Use Tax Act, as appropriate); (4) removes the authority for the Attorney General to make rules under the Tobacco Product Manufacturers' Escrow Act; (5) changes the violation provision in the Cigarette Tax Act and the Cigarette Use Tax Act to be parallel to the violation provision in the Escrow Enforcement Act; (6) amends the Tobacco Products Tax Act of 1995 to remove the changes to the "tax imposed" provisions and instead change the licensing provision to provide that the Department of Revenue may revoke, suspend, or cancel the license of a distributor of tobacco products under the Act if the tobacco product manufacturer of the tobacco products fails to comply with the Tobacco Product Manufacturers' Escrow Act. Effective immediately. HOUSE AMENDMENT NO. 2. Replaces the definition of "cigarette" by incorporating the definition of that term as used in the Tobacco Product Manufacturers' Escrow Act, which includes roll-your-own tobacco. Provides that sanctions under the Tobacco Products Tax Act relate to roll-your-own tobacco rather than to all tobacco products. FEB-07-2002 S FIRST READING FEB-07-2002 S REFERRED TO SENATE RULES COMMITTEE RULES FEB-20-2002 S ASSIGNED TO COMMITTEE EXECUTIVE FEB-27-2002 S AMENDMENT NO. 01-EXECUTIVE S FEB-27-2002 S ADOPTED FEB-28-2002 S DO PASS AS AMENDED 012-000-000 SEXC FEB-28-2002 S PLACED ON CALENDAR ORDER OF 2ND READING 02-03-05 MAR-05-2002 S SECOND READING MAR-05-2002 S PLACED ON CALENDAR ORDER OF 3RD READING 02-03-06 MAR-06-2002 S ADDED AS A CHIEF CO-SPONSOR WALSH,L MAR-06-2002 S THIRD READING - PASSED 055-000-000 MAR-06-2002 H ARRIVE IN HOUSE MAR-06-2002 H PLACED CALENDAR ORDER OF FIRST READING MAR-07-2002 H HOUSE SPONSOR MITCHELL,BILL MAR-13-2002 H FIRST READING MAR-13-2002 H REFERRED TO HOUSE RULES COMMITTEE RULES MAR-14-2002 H ALTERNATE PRIMARY SPONSOR CHANGED TO BLACK APR-03-2002 H ASSIGNED TO COMMITTEE REVENUE APR-11-2002 H AMENDMENT NO. 01-REVENUE H APR-11-2002 H ADOPTED SUB APR-11-2002 H REMAINS IN COMMITTEE REVENUE APR-18-2002 H AMENDMENT NO. 02-REVENUE H APR-18-2002 H ADOPTED APR-18-2002 H DO PASS AMENDED/SHORT DEBATE 011-000-000 HREV APR-18-2002 H PLACED CALENDAR 2ND READING-SHORT DEBATE MAY-02-2002 H 3RD RDG. DEADLINE EXTENDED-RULE 9(B) TO 05/17/02 MAY-02-2002 H CALENDAR ORDER 2ND READING-SHORT DEBATE MAY-15-2002 H 3RD RDG/PASSAGE DEADLINE EXTENDED-RULE 9(B) TO 5/31/02 MAY-15-2002 H CALENDAR ORDER 2ND READING-SHORT DEBATE MAY-21-2002 H SECOND READING-SHORT DEBATE MAY-21-2002 H PLCD CAL ORDER 3RD READING-SHORT DEBATE MAY-22-2002 H THIRD READING/SHORT DEBATE/PASSED 116-000-000 MAY-22-2002 S SECRETARYS DESK - CONCURRENCE 01,02 MAY-23-2002 S FILED WITH SECRETARY MAY-23-2002 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/SIEBEN MAY-23-2002 S MOTION REFERRED TO SRUL MAY-28-2002 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/SIEBEN MAY-28-2002 S RULES REFERS TO SEXC MAY-28-2002 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/SIEBEN MAY-28-2002 S BE APPROVED FOR CONSIDERATION SEXC/010-000-000 MAY-29-2002 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/SIEBEN MAY-29-2002 S SEN CONCURS IN HSE AMENDMENTS (NO.) 01,02/058-000-000 MAY-29-2002 S PASSED BOTH HOUSES JUN-27-2002 S SENT TO THE GOVERNOR JUL-25-2002 S GOVERNOR APPROVED JUL-25-2002 S EFFECTIVE DATE 02-07-25 JUL-25-2002 S PUBLIC ACT.............................. 92-0737 END OF INQUIRY Full Text Bill Summary