Illinois General Assembly - Bill Status for SB2302

Creates the Cigarette Fire Safety Standard Act. Provides that, beginning January 1, 2008, no cigarettes may be sold in Illinois unless the manufacturer certifies that the cigarettes have been certified as low ignition strength in accordance with standards established by the American Society of Testing and Materials and no more than 25% of the cigarettes it manufactures exhibit full-length burns when tested. Provides that the Office of the State Fire Marshal shall adopt rules for the implementation of the Act, which shall include provisions to allow wholesalers and retailers to transition their existing inventories. Effective January 1, 2008.

Replaces everything after the enacting clause. Creates the Cigarette Fire Safety Standard Act. Provides a certification process for certifying that the burn time of cigarettes complies with the requirements of the Act. Provides for a testing method for cigarettes. Prohibits the sale or offer for sale of cigarettes in this State unless the cigarettes have been tested and meet the performance standards of the Act and written certification has been filed by the manufacturer with the Office of the State Fire Marshal and with the Office of the Attorney General. Provides for the marking of cigarette packaging to indicate compliance with the Act. Provides for civil penalties. Creates the Cigarette Fire Safety Standard Act Fund as a special fund and amends the State Finance Act accordingly; provides that the Fund shall consist of moneys recovered by the Attorney General from the assessment of civil penalties and that the Fund shall be used, subject to appropriation, for fire safety and prevention programs. Effective January 1, 2008.

Exempts a manufacturer from the definition of "retail dealer". Provides that the State Fire Marshal may authorize the use of an alternative test that another state has enacted as long as the test method and performance standard are the same (instead of at least as stringent) in reducing cigarette ignition propensity as those contained in the Act. Requires a wholesale dealer, agent, and retail dealer to permit the State Fire Marshal, the Department of Revenue, and the Office of the Attorney General to inspect markings of cigarette packaging. Adds manufacturers to the list of persons who are subject to civil penalties for violation of the Act. Makes other changes.

Provides that a wholesale dealer or retail dealer is not prohibited from selling his or her inventory of cigarettes existing on the effective date of the Act, if the wholesale dealer or retail dealer can establish (instead of establishes) that tax stamps were affixed to the cigarettes before the effective date of the Act and the inventory was purchased before the effective date of the Act in comparable quantity to the amount of inventory purchased during the same period of the prior year. Provides that an alternative test method enacted in another state may be used if the State Fire Marshal determines that the standards are the same (instead of the same in reducing cigarette ignition propensity) as those contained in the Act and that the officials responsible for implementing those requirements have approved the proposed alternative test (instead of have made an independent analysis and approved the proposed alternative test) as meeting their state's law or regulation. Makes other changes.

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