Full Text of SB2915 98th General Assembly
SB2915enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Tobacco Products Manufacturers' Escrow | 5 | | Enforcement Act of 2003 is amended by changing Section 25 as | 6 | | follows:
| 7 | | (30 ILCS 167/25)
| 8 | | Sec. 25. Reporting of information; escrow installments.
| 9 | | (a) Not later than 20 days after the end of each calendar | 10 | | quarter, and more
frequently if so
directed by the Attorney | 11 | | General, each distributor shall submit the information
as the | 12 | | Attorney
General requires to facilitate compliance with this | 13 | | Act, including, but not
limited to, a list by
brand family of | 14 | | the total number of cigarettes or in the case of roll-your-own,
| 15 | | the equivalent stick
count for which the distributor affixed | 16 | | stamps during the previous calendar
quarter or otherwise
paid | 17 | | the tax due for these cigarettes. The distributor shall | 18 | | maintain, and make
available to the
Attorney General, all | 19 | | invoices and documentation of sales of all
non-participating | 20 | | manufacturer
cigarettes and any other information relied upon | 21 | | in reporting to the Attorney
General for a period of 5 years.
| 22 | | (b) The Attorney General is authorized to disclose to the | 23 | | Director any
information received
under this Act for purposes |
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| 1 | | of
determining compliance with
and enforcing the provisions of | 2 | | this Act. The Director and Attorney General
shall share with | 3 | | each
other the information received under this Act, and may | 4 | | share the information
with other federal,
State, or local | 5 | | agencies only for purposes of enforcement of this Act, the
| 6 | | Escrow Act, or corresponding laws of other states. The Director | 7 | | and Attorney General
shall also share with each
other the | 8 | | information received under the Cigarette Tax Act, the Cigarette | 9 | | Use Tax Act, the Tobacco Products Tax Act of 1995, the | 10 | | Cigarette Machine Operators' Occupation Tax Act, and the | 11 | | Retailers' Occupation Tax Act for the purposes of enforcement | 12 | | of this Act and the
Escrow Act.
| 13 | | (c) The Attorney General may require at any time, from the | 14 | | non-participating
manufacturer,
proof from the financial | 15 | | institution in which the manufacturer has established
a | 16 | | qualified escrow
fund for the purpose of compliance with the | 17 | | Escrow Act of the amount of money
in the fund being
held on | 18 | | behalf of the State and the dates of deposits, and listing the | 19 | | amounts
of all withdrawals from the fund and the dates thereof.
| 20 | | (d) In addition to the information required to be submitted | 21 | | pursuant to this
Act, the
Attorney General may require a | 22 | | distributor or tobacco product manufacturer to
submit any
| 23 | | additional information including, but not limited to, samples | 24 | | of the packaging
or labeling of each
brand family, as is | 25 | | necessary to enable the Attorney General to determine
whether a | 26 | | tobacco
product manufacturer is in compliance with this Act.
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| 1 | | (e) To promote compliance with the provisions of this Act, | 2 | | the Attorney
General may
promulgate regulations requiring a | 3 | | tobacco product manufacturer subject to the
requirements of
| 4 | | subsection (a)(2) of Section 15 to make the escrow deposits | 5 | | required in
quarterly installments
during the year in which the | 6 | | sales covered by the deposits are made. The
Attorney General | 7 | | may
require production of information sufficient to enable the | 8 | | Attorney General to
determine the adequacy of the amount of the | 9 | | installment deposit.
| 10 | | (Source: P.A. 93-446, eff. 1-1-04; 94-575, eff. 8-12-05.)
| 11 | | Section 10. The Cigarette Machine Operators' Occupation | 12 | | Tax Act is amended by changing Section 1-30 as follows: | 13 | | (35 ILCS 128/1-30)
| 14 | | Sec. 1-30. Cigarette tubes used in cigarette machines. | 15 | | (a) All cigarette tubes used in cigarette machines in the | 16 | | possession of cigarette machine operators licensed under | 17 | | Section 1-15 of this Act shall be constructed of paper of a | 18 | | type determined by the Attorney General, pursuant to rules | 19 | | promulgated by the Attorney General under the provisions of the | 20 | | Administrative Procedure Act, to reduce the likely ignition | 21 | | propensity of cigarettes made by those tubes. | 22 | | (b) A cigarette machine operator is not required to comply | 23 | | with subsection (a) of this Section until the Attorney General | 24 | | has promulgated rules implementing subsection (a) and the rules |
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| 1 | | have become effective. The effective date for such rules shall | 2 | | be no earlier than 6 months after the date on which an | 3 | | appropriate nationally recognized standard is developed for | 4 | | the reduced ignition propensity of cigarette tubes January 1, | 5 | | 2014 .
| 6 | | (Source: P.A. 97-688, eff. 6-14-12.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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