91st General Assembly
Status of HB3995
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BEAUBIEN-FRITCHEY-OSMOND-MATHIAS-BRUNSVOLD.

(PETERSON-GEO-KARIS-CLAYBORNE)

   35 ILCS 130/3             from Ch. 120, par. 453.3                          
   35 ILCS 135/3             from Ch. 120, par. 453.33                         

        Amends the Cigarette Tax Act  and  the  Cigarette  Use  Tax  Act.      
   Provides that cigarettes imported or reimported into the United States      
   for  sale  or  distribution  under  any  trade  name,  trade dress, or      
   trademark that is the same as, or is confusingly similar to, any trade      
   name, trade dress, or trademark used for  cigarettes  manufactured  in      
   the  United States for sale or distribution in the United States shall      
   be presumed to have been purchased outside of the ordinary channels of      
   trade.  Provides that any person may bring an action  for  appropriate      
   equitable  relief for (i) a violation of the provisions concerning the      
   federal Cigarette Labeling and Advertising Act and certain  provisions      
   of  the Code of Federal Regulations with regard to stamps, (ii) actual      
   damages, if any, sustained by reason of the violation,  and  (iii)  as      
   determined  by the court, interest on the damages from the date of the      
   complaint, taxable costs, and reasonable  attorney's  fees.   Provides      
   for treble damages in some circumstances.  Effective immediately.           
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          35 ILCS 130/3                                                        
          35 ILCS 135/3                                                        
          Adds reference to:                                                   
          35 ILCS 130/3-10 new                                                 
          35 ILCS 135/3-10 new                                                 
          815 ILCS 505/2Z                 from Ch. 121 1/2, par. 262Z          
        Deletes  everything.   Amends  the  Cigarette  Tax  Act  and  the      
   Cigarette Use Tax Act.  Provides that it is unlawful for  any  person       
   (1)  to  sell  or  distribute  in  this  State; to acquire, hold, own,      
   possess, or transport  for sale or distribution in this State;  or  to      
   import  or  cause  to  be  imported  into  this  State  for  sale  or       
   distribution  in this State any cigarettes intended for export; (2) to      
   alter the package of any cigarettes, prior to sale or distribution  to      
   the  ultimate  consumer,  so  as  to  remove,  conceal, or obscure any      
   statement, label, stamp, sticker, or notice required  by  law  or  any      
   health  warning  required  by  law; or (3) to affix any stamp required      
   pursuant to these Acts to the package of any cigarettes described in        
   clauses (1) or (2). Provides for administrative sanctions and includes      
   other provisions for the implementation of these prohibitions.  Amends      
   the  Consumer  Fraud  and  Deceptive Business Practices Act to provide      
   that a violation of these prohibitions with respect to  cigarettes  or      
   certain  reporting requirements is an unlawful practice under the Act.      
   Effective immediately.                                                      
        HOUSE AMENDMENT NO. 2.                                                 
        Changes the basis for punishment. Makes a technical correction.        
   00-01-27  H  FIRST READING                                                  
   00-01-27  H  ADDED AS A JOINT SPONSOR                 FRITCHEY              
   00-01-27  H  ADDED AS A JOINT SPONSOR                 OSMOND                
   00-01-27  H  ADDED AS A JOINT SPONSOR                 MATHIAS               
   00-01-27  H  ADDED AS A JOINT SPONSOR                 BRUNSVOLD             
   00-01-27  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   00-02-08  H       ASSIGNED TO COMMITTEE               REVENUE               
   00-02-17  H                             AMENDMENT NO. 01-REVENUE       H    
   00-02-17  H                                   ADOPTED 009-000-000           
   00-02-17  H  DO PASS AMENDED/SHORT DEBATE             009-000-000   HREV    
   00-02-17  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   00-02-22  H  SECOND READING-SHORT DEBATE                                    
   00-02-22  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   00-02-23  H  MOTION PREVAILED- RECALL TO 2ND READING                        
   00-02-23  H                             AMENDMENT NO. 02-BEAUBIEN           
   00-02-23  H                     AMENDMENT REFERRED TO HRUL                  
   00-02-23  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   00-02-24  H                             AMENDMENT NO. 02-BEAUBIEN           
   00-02-24  H  RECOMMENDS BE ADOPTED                    HRUL/004-000-000      
   00-02-24  H                             AMENDMENT NO. 02-BEAUBIEN           
   00-02-24  H                                   ADOPTED                       
   00-02-24  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   00-02-25  H  THIRD READING/SHORT DEBATE/PASSED        114-000-000           
   00-02-29  S  ARRIVE IN SENATE                                               
   00-02-29  S  PLACED CALENDAR ORDER OF FIRST READING   00-03-01              
   00-02-29  S  CHIEF SPONSOR                            PETERSON              
   00-03-01  S  FIRST READING                                                  
   00-03-01  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   00-03-09  S       ASSIGNED TO COMMITTEE               REVENUE               
   00-03-09  S  ADDED AS A CHIEF CO-SPONSOR              GEO-KARIS             
   00-03-10  S  ADDED AS A CHIEF CO-SPONSOR              CLAYBORNE             
   00-03-24  S       DO PASS                             008-000-000   SREV    
   00-03-24  S  PLACED ON CALENDAR ORDER OF 2ND READING  00-03-28              
   00-03-28  S  SECOND READING                                                 
   00-03-28  S  PLACED ON CALENDAR ORDER OF 3RD READING  00-03-29              
   00-03-29  S  THIRD READING - PASSED                   058-000-000           
   00-03-29  H  PASSED BOTH HOUSES                                             
   00-04-28  H  SENT TO THE GOVERNOR                                           
   00-06-13  H  GOVERNOR APPROVED                                              
   00-06-13  H                            EFFECTIVE DATE 00-06-13              
   00-06-13  H  PUBLIC ACT.............................. 91-0810               

   END OF INQUIRY 



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