92nd General Assembly
Summary of SB2017
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Senate Sponsors:
SIEBEN-WALSH,L.

House Sponsors:
BLACK

Short description: 
TOBACCO ESCROW ACT ENFORCEMENT                                             

Synopsis of Bill as introduced:
        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.                                
 
Last action on Bill: PUBLIC ACT.............................. 92-0737

   Last action date: JUL-25-2002

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   1


   END OF INQUIRY 
                                                                               



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