Illinois General Assembly - Full Text of HB1913
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Full Text of HB1913  102nd General Assembly

HB1913 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1913

 

Introduced 2/17/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 76/10
410 ILCS 76/15

    Amends the Tobacco Products Compliance Act. Provides that a manufacturer or distributor of a tobacco product has a private right of action against another manufacturer or distributor of a tobacco product for a tobacco product sold within the State of Illinois if specified conditions and requirements are met. Provides that a manufacturer or distributor (rather than any interested party) may file suit for violations under the Act. Contains provisions regarding recovery for prevailing in an enforcement action. Makes other changes. Effective immediately.


LRB102 13489 CPF 18836 b

 

 

A BILL FOR

 

HB1913LRB102 13489 CPF 18836 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Tobacco Products Compliance Act is amended
5by changing Sections 10 and 15 as follows:
 
6    (410 ILCS 76/10)
7    Sec. 10. Compliance reports. Any person who manufactures
8any tobacco product in the State for distribution or sale in
9the United States shall be required to provide annually, by
10June 1, 2020 and by June 1 of each year thereafter, a written
11certification, including supporting evidence and
12documentation, of such person's compliance with Sections 903,
13904, 905, and 920 of the federal Family Smoking Prevention and
14Tobacco Control Act to the Illinois Department of Public
15Health, to the extent such person's manufacture qualifies as
16one that requires compliance with such Act. Such qualifying
17person will also be required to provide, for each tobacco
18product manufactured, sold, or distributed by the person
19(including all tobacco products manufactured in the State by
20the person and all other tobacco products sold or distributed
21by the person) copies of any written evidence and
22documentation prepared to comply with 21 U.S.C. 387(g), (i),
23and (t), that each such tobacco product, as required by the

 

 

HB1913- 2 -LRB102 13489 CPF 18836 b

1Tobacco Control Act, is one of the following: (i)
2"grandfathered" (that is, first introduced into interstate
3commerce for commercial distribution in the United States on
4or before February 15, 2007); (ii) "provisional" (that is,
5first introduced into interstate commerce for commercial
6distribution in the United States between February 15, 2007
7and March 22, 2011, and for which a substantial equivalence
8report was submitted to the FDA by March 22, 2011); or (iii)
9determined to be "substantially equivalent" (that is, is the
10subject of a marketing authorization order from the FDA after
11review of a premarket submission intended to demonstrate
12substantial equivalence).
13(Source: P.A. 101-582, eff. 8-26-19.)
 
14    (410 ILCS 76/15)
15    Sec. 15. Private right of action. A manufacturer or
16distributor of a tobacco product has a private right of action
17against another manufacturer or distributor of a tobacco
18product for a tobacco product sold within the State of
19Illinois, as follows:
20        (1) If the tobacco product fails to comply with
21    Section 2 of the Cigarette Tax Act.
22        (2) If the tobacco product fails to comply with
23    Section 3 of the Cigarette Tax Act.
24        (3) If the tobacco product fails to comply with
25    Section 3 of the Cigarette Use Tax Act.

 

 

HB1913- 3 -LRB102 13489 CPF 18836 b

1        (4) If the tobacco product fails to comply with
2    Section 3-10 of the Cigarette Use Tax Act.
3        (5) If the tobacco product fails to comply with any
4    rule adopted under this Act pertaining to revenue by any
5    political subdivision of the State, as described in this
6    Act.
7        (6) If the tobacco product fails to comply with a
8    local ordinance pertaining to a tobacco product, if the
9    tobacco product was actually sold in a jurisdiction
10    subject to such ordinance.
11    For paragraphs (1) through (5), the manufacturer or
12distributor seeking to initiate the private right of action
13must give notice by certified mail, first class postage
14prepaid, to the Director of Revenue, or his or her designee, of
15a violation of Section 2 or Section 3 of the Cigarette Tax Act,
16and the Department of Revenue must decline to take action
17within 60 days of such notice.
18    For paragraph (6), the manufacturer or distributor seeking
19to initiate the private right of action must give notice by
20certified mail, first class postage prepaid, to the clerk of
21the unit of local government, or his or her designee, of a
22violation of the local ordinance, and the unit of local
23government must decline to take action within 90 days of such
24notice.
25    A manufacturer or distributor To enforce against a
26violation of the Act or any rule adopted under this Act by any

 

 

HB1913- 4 -LRB102 13489 CPF 18836 b

1local government or political subdivision as described in this
2Act, any interested party may file suit in circuit court in the
3county where the alleged violation occurred or where any
4person who is a party to the action resides. Actions may be
5brought by one or more manufacturers or distributors persons
6for and on behalf of themselves and other persons similarly
7situated. If the interested party prevails in its enforcement
8action, it will be entitled to recover: (A) one-third of the
9noncompliant tax revenue, with the remainder to be conveyed to
10(i) the Department of Revenue for actions brought under
11paragraphs (1) through (5), and (B) the unit of local
12government for actions brought under paragraph (6); and (B)
13damages of 3 times its attorney's fees and costs, and, in
14addition, the court or other adjudicating body, at its
15discretion, may assess punitive damages for any wanton or
16flagrant violation of the law.
17(Source: P.A. 101-582, eff. 8-26-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.