State of Illinois
91st General Assembly
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Public Act 91-0246

HB1110 Enrolled                               LRB9102398PTpkA

    AN ACT concerning cigarettes.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Cigarette Tax Act is amended by changing
Section 3 as follows:

    (35 ILCS 130/3) (from Ch. 120, par. 453.3)
    Sec. 3.  Payment of the taxes imposed  by  Section  2  of
this  Act shall (except as hereinafter provided) be evidenced
by revenue tax stamps affixed to  each  original  package  of
cigarettes. Each distributor of cigarettes, before delivering
or causing to be delivered any original package of cigarettes
in  this  State  to  a purchaser, shall firmly affix a proper
stamp or  stamps  to  each  such  package,  or  (in  case  of
manufacturers  of  cigarettes  in original packages which are
contained inside a sealed transparent wrapper) shall  imprint
the  required  language on the original package of cigarettes
beneath such outside wrapper, as hereinafter provided.
    No stamp or imprint may be affixed to, or made upon,  any
package  of  cigarettes unless that package complies with all
requirements  of   the   federal   Cigarette   Labeling   and
Advertising  Act,  15  U.S.C.  1331  and  following,  for the
placement of labels, warnings, or any other information  upon
a  package  of  cigarettes  that  is  sold  within the United
States.  Under the authority of  Section  6,  the  Department
shall   revoke   the  license  of  any  distributor  that  is
determined to have violated this paragraph.  A person may not
affix a stamp on a package of cigarettes,  cigarette  papers,
wrappers, or tubes if that individual package has been marked
for  export  outside the United States with a label or notice
in compliance with Section 290.185 of Title 27 of the Code of
Federal Regulations.  It is not a defense to a proceeding for

violation of this paragraph that the label or notice has been
removed, mutilated, obliterated, or altered in any manner.
    The  Department,  or  any  person   authorized   by   the
Department,  shall  sell  such stamps only to persons holding
valid licenses as distributors under this Act.
    Prior to December 1, 1985, the Department shall  allow  a
distributor  21  days  in  which to make final payment of the
amount  to  be  paid  for  such  stamps,  by   allowing   the
distributor  to  make  payment  for the stamps at the time of
purchasing them with a draft which shall be in such  form  as
the  Department prescribes, and which shall be payable within
21 days thereafter: Provided that such distributor has  filed
with  the  Department,  and  has  received  the  Department's
approval  of,  a  bond,  which  is  in  addition  to the bond
required  under  Section  4  of  this  Act,  payable  to  the
Department in an amount equal to 80%  of  such  distributor's
average  monthly  tax  liability to the Department under this
Act during the preceding calendar year or $500,000, whichever
is less. The Bond shall be joint and several and shall be  in
the  form  of  a  surety  company  bond  in  such form as the
Department prescribes, or it may be in the  form  of  a  bank
certificate  of  deposit  or  bank letter of credit. The bond
shall be conditioned upon the distributor's payment of amount
of any 21-day draft which the Department  accepts  from  that
distributor  for  the  delivery of stamps to that distributor
under this Act. The distributor's failure  to  pay  any  such
draft,   when   due,   shall   also   make  such  distributor
automatically liable to the Department for a penalty equal to
25% of the amount of such draft.
    On and after December 1, 1985, the Department shall allow
a distributor 30 days in which to make final payment  of  the
amount   to   be  paid  for  such  stamps,  by  allowing  the
distributor to make payment for the stamps  at  the  time  of
purchasing  them  with a draft which shall be in such form as
the Department prescribes, and which shall be payable  within
30 days thereafter:  Provided that such distributor has filed
with  the  Department,  and  has  received  the  Department's
approval  of,  a  bond,  which  is  in  addition  to the bond
required  under  Section  4  of  this  Act,  payable  to  the
Department in an amount equal to 150% of  such  distributor's
average  monthly  tax  liability to the Department under this
Act during the preceding calendar year or $750,000, whichever
is less, except that as to bonds filed on or after January 1,
1987, such additional bond shall be in  an  amount  equal  to
100%  of  such  distributor's  average  monthly tax liability
under  this  Act  during  the  preceding  calendar  year   or
$750,000,  whichever  is  less.   The bond shall be joint and
several and shall be in the form of a surety company bond  in
such  form  as the Department prescribes, or it may be in the
form of a bank certificate  of  deposit  or  bank  letter  of
credit.  The bond shall be conditioned upon the distributor's
payment  of  the  amount  of  any  30-day  draft  which   the
Department  accepts from that distributor for the delivery of
stamps to that distributor under this Act.  The distributor's
failure to pay any such draft, when due, shall also make such
distributor automatically liable  to  the  Department  for  a
penalty equal to 25% of the amount of such draft.
    Every  prior  continuous  compliance  taxpayer  shall  be
exempt  from  all  requirements under this Section concerning
the furnishing of such bond, as defined in this Section, as a
condition precedent to his being authorized to engage in  the
business  licensed  under  this  Act.   This  exemption shall
continue for each such taxpayer until such time as he may  be
determined  by  the Department to be delinquent in the filing
of any returns, or is determined by  the  Department  (either
through the Department's issuance of a final assessment which
has  become  final under the Act, or by the taxpayer's filing
of a return which admits tax to be due that is not  paid)  to
be  delinquent  or  deficient  in the paying of any tax under
this Act, at which time that taxpayer shall become subject to
the bond requirements of this Section and, as a condition  of
being  allowed to continue to engage in the business licensed
under this Act, shall be required  to  furnish  bond  to  the
Department  in  such  form as provided in this Section.  Such
taxpayer shall furnish such bond for a  period  of  2  years,
after  which,  if the taxpayer has not been delinquent in the
filing of any returns, or  delinquent  or  deficient  in  the
paying  of  any  tax  under  this  Act,  the  Department  may
reinstate  such  person  as  a  prior  continuance compliance
taxpayer.  Any taxpayer who  fails  to  pay  an  admitted  or
established  liability under this Act may also be required to
post bond or other acceptable security  with  the  Department
guaranteeing  the  payment  of  such  admitted or established
liability.
    Any person aggrieved by any decision  of  the  Department
under  this  Section  may,  within  the  time allowed by law,
protest and request a hearing, whereupon the Department shall
give notice and shall hold a hearing in conformity  with  the
provisions   of   this   Act   and   then   issue  its  final
administrative decision in the matter to such person.  In the
absence of such a protest filed within the  time  allowed  by
law, the Department's decision shall become final without any
further determination being made or notice given.
    The  Department  shall  discharge  any  surety  and shall
release and return any bond or security deposited,  assigned,
pledged, or otherwise provided to it by a taxpayer under this
Section within 30 days after:
    (1)  Such  taxpayer becomes a prior continuous compliance
taxpayer; or
    (2)  Such taxpayer has  ceased  to  collect  receipts  on
which  he  is  required  to  remit tax to the Department, has
filed a final tax return, and has paid to the  Department  an
amount sufficient to discharge his remaining tax liability as
determined  by the Department under this Act.  The Department
shall  make  a  final   determination   of   the   taxpayer's
outstanding  tax liability as expeditiously as possible after
his final tax return  has  been  filed.   If  the  Department
cannot  make  such  final  determination within 45 days after
receiving the final tax return, within such period  it  shall
so notify the taxpayer, stating its reasons therefor.
    The   Department  may  authorize  distributors  to  affix
revenue tax  stamps  by  imprinting  tax  meter  stamps  upon
original  packages  of cigarettes. The Department shall adopt
rules and regulations relating to the imprinting of such  tax
meter stamps as will result in payment of the proper taxes as
herein  imposed.  No distributor may affix revenue tax stamps
to original packages of cigarettes by  imprinting  tax  meter
stamps  thereon  unless  such  distributor has first obtained
permission from the  Department  to  employ  this  method  of
affixation.  The  Department  shall  regulate  the use of tax
meters and may, to assure the proper collection of the  taxes
imposed  by  this  Act,  revoke  or  suspend  the  privilege,
theretofore  granted by the Department to any distributor, to
imprint  tax  meter  stamps   upon   original   packages   of
cigarettes.
    Illinois   cigarette   manufacturers   who   place  their
cigarettes in original packages which are contained inside  a
sealed   transparent   wrapper,   and   similar  out-of-State
cigarette manufacturers who elect to qualify and are accepted
by the Department as distributors under Section  4b  of  this
Act, shall pay the taxes imposed by this Act by remitting the
amount thereof to the Department by the 5th day of each month
covering   cigarettes   shipped  or  otherwise  delivered  in
Illinois to purchasers during the preceding  calendar  month.
Such  manufacturers  of cigarettes in original packages which
are contained inside a  sealed  transparent  wrapper,  before
delivering  such  cigarettes or causing such cigarettes to be
delivered in this State to purchasers, shall  evidence  their
obligation  to  remit  the  taxes  due  with  respect to such
cigarettes by imprinting language to  be  prescribed  by  the
Department  on  each  original  package  of  such  cigarettes
underneath  the  sealed  transparent  outside wrapper of such
original package, in such place thereon and in such manner as
the Department may designate. Such imprinted  language  shall
acknowledge  the  manufacturer's  payment of or liability for
the tax imposed by this Act with respect to the  distribution
of such cigarettes.
(Source: P.A. 85-415.)

    Section  10.   The  Cigarette  Use  Tax Act is amended by
changing Section 3 as follows:

    (35 ILCS 135/3) (from Ch. 120, par. 453.33)
    Sec. 3.  Stamp payment. The tax hereby imposed  shall  be
collected by a distributor maintaining a place of business in
this  State  or  a  distributor  authorized by the Department
pursuant to Section 7 hereof to  collect  the  tax,  and  the
amount  of  the  tax  shall  be  added  to  the  price of the
cigarettes sold by such distributor. Collection  of  the  tax
shall  be  evidenced  by  a  stamp  or stamps affixed to each
original package of cigarettes or by an authorized substitute
for such stamp imprinted on each  original  package  of  such
cigarettes  underneath the sealed transparent outside wrapper
of such original package,  except  as  hereinafter  provided.
Each distributor who is required or authorized to collect the
tax  herein  imposed,  before  delivering  or  causing  to be
delivered any original packages of cigarettes in  this  State
to any purchaser, shall firmly affix a proper stamp or stamps
to  each  such  package,  or (in the case of manufacturers of
cigarettes in original packages which are contained inside  a
sealed   transparent  wrapper)  shall  imprint  the  required
language on the original package of cigarettes  beneath  such
outside wrapper as hereinafter provided. Such stamp or stamps
need not be affixed to the original package of any cigarettes
with  respect to which the distributor is required to affix a
like stamp or stamps by virtue  of  the  Cigarette  Tax  Act,
however,  and  no  tax  imprint need be placed underneath the
sealed  transparent  wrapper  of  an  original   package   of
cigarettes  with respect to which the distributor is required
or authorized to employ a like tax imprint by virtue  of  the
Cigarette Tax Act.
    No  stamp or imprint may be affixed to, or made upon, any
package of cigarettes unless that package complies  with  all
requirements   of   the   federal   Cigarette   Labeling  and
Advertising Act,  15  U.S.C.  1331  and  following,  for  the
placement  of labels, warnings, or any other information upon
a package of  cigarettes  that  is  sold  within  the  United
States.   Under  the  authority  of Section 6, the Department
shall  revoke  the  license  of  any  distributor   that   is
determined to have violated this paragraph.  A person may not
affix  a  stamp on a package of cigarettes, cigarette papers,
wrappers, or tubes if that individual package has been marked
for export outside the United States with a label  or  notice
in compliance with Section 290.185 of Title 27 of the Code of
Federal Regulations.  It is not a defense to a proceeding for
violation of this paragraph that the label or notice has been
removed, mutilated, obliterated, or altered in any manner.
    Stamps,  when required hereunder, shall be purchased from
the Department, or any person authorized by  the  Department,
by distributors.
    Prior  to  December 1, 1985, the Department shall allow a
distributor 21 days in which to make  final  payment  of  the
amount   to   be  paid  for  such  stamps,  by  allowing  the
distributor to make payment for the stamps  at  the  time  of
purchasing  them  with a draft which shall be in such form as
the Department prescribes, and which shall be payable  within
21  days thereafter: Provided that such distributor has filed
with  the  Department,  and  has  received  the  Department's
approval of, a  bond,  which  is  in  addition  to  the  bond
required  under  Section  4  of  this  Act,  payable  to  the
Department  in  an  amount equal to 80% of such distributor's
average monthly tax liability to the  Department  under  this
Act during the preceding calendar year or $500,000, whichever
is  less. The bond shall be joint and several and shall be in
the form of a  surety  company  bond  in  such  form  as  the
Department  prescribes,  or  it  may be in the form of a bank
certificate of deposit or bank letter  of  credit.  The  bond
shall  be  conditioned  upon the distributor's payment of the
amount of any 21-day draft which the Department accepts  from
that   distributor   for  the  delivery  of  stamps  to  that
distributor under this Act. The distributor's failure to  pay
any  such  draft,  when due, shall also make such distributor
automatically liable to the Department for a penalty equal to
25% of the amount of such draft.
    On and after December 1, 1985, the Department shall allow
a distributor 30 days in which to make final payment  of  the
amount   to   be  paid  for  such  stamps,  by  allowing  the
distributor to make payment for the stamps  at  the  time  of
purchasing  them  with a draft which shall be in such form as
the Department prescribes, and which shall be payable  within
30 days thereafter:  Provided that such distributor has filed
with  the  Department,  and  has  received  the  Department's
approval  of,  a  bond,  which  is  in  addition  to the bond
required  under  Section  4  of  this  Act,  payable  to  the
Department in an amount equal to 150% of  such  distributor's
average  monthly  tax  liability to the Department under this
Act during the preceding calendar year or $750,000, whichever
is less, except that as to bonds filed on or after January 1,
1987, such additional bond shall be in  an  amount  equal  to
100%  of  such  distributor's  average  monthly tax liability
under  this  Act  during  the  preceding  calendar  year   or
$750,000,  whichever  is  less.   The bond shall be joint and
several and shall be in the form of a surety company bond  in
such  form  as the Department prescribes, or it may be in the
form of a bank certificate  of  deposit  or  bank  letter  of
credit.  The bond shall be conditioned upon the distributor's
payment  of  the  amount  of  any  30-day  draft  which   the
Department  accepts from that distributor for the delivery of
stamps to that distributor under this Act.  The distributor's
failure to pay any such draft, when due, shall also make such
distributor automatically liable  to  the  Department  for  a
penalty equal to 25% of the amount of such draft.
    Every  prior  continuous  compliance  taxpayer  shall  be
exempt  from  all  requirements under this Section concerning
the furnishing of such bond, as defined in this Section, as a
condition precedent to his being authorized to engage in  the
business  licensed  under  this  Act.   This  exemption shall
continue for each such taxpayer until such time as he may  be
determined  by  the Department to be delinquent in the filing
of any returns, or is determined by  the  Department  (either
through the Department's issuance of a final assessment which
has  become  final under the Act, or by the taxpayer's filing
of a return which admits tax to be due that is not  paid)  to
be  delinquent  or  deficient  in the paying of any tax under
this Act, at which time that taxpayer shall become subject to
the bond requirements of this Section and, as a condition  of
being  allowed to continue to engage in the business licensed
under this Act, shall be required  to  furnish  bond  to  the
Department  in  such  form as provided in this Section.  Such
taxpayer shall furnish such bond for a  period  of  2  years,
after  which,  if the taxpayer has not been delinquent in the
filing of any returns, or  delinquent  or  deficient  in  the
paying  of  any  tax  under  this  Act,  the  Department  may
reinstate  such  person  as  a  prior  continuance compliance
taxpayer.  Any taxpayer who  fails  to  pay  an  admitted  or
established  liability under this Act may also be required to
post bond or other acceptable security  with  the  Department
guaranteeing  the  payment  of  such  admitted or established
liability.
    Any person aggrieved by any decision  of  the  Department
under  this  Section  may,  within  the  time allowed by law,
protest and request a hearing, whereupon the Department shall
give notice and shall hold a hearing in conformity  with  the
provisions   of   this   Act   and   then   issue  its  final
administrative decision in the matter to such person.  In the
absence of such a protest filed within the  time  allowed  by
law, the Department's decision shall become final without any
further determination being made or notice given.
    The  Department  shall  discharge  any  surety  and shall
release and return any bond or security deposited,  assigned,
pledged, or otherwise provided to it by a taxpayer under this
Section within 30 days after:
    (1)  Such  Taxpayer becomes a prior continuous compliance
taxpayer; or
    (2)  Such taxpayer has  ceased  to  collect  receipts  on
which  he  is  required  to  remit tax to the Department, has
filed a final tax return, and has paid to the  Department  an
amount sufficient to discharge his remaining tax liability as
determined  by the Department under this Act.  The Department
shall  make  a  final   determination   of   the   taxpayer's
outstanding  tax liability as expeditiously as possible after
his final tax return  has  been  filed.   If  the  Department
cannot  make  such  final  determination within 45 days after
receiving the final tax return, within such period  it  shall
so notify the taxpayer, stating its reasons therefor.
    At the time of purchasing such stamps from the Department
when  purchase  is  required by this Act, or at the time when
the tax which he has collected is remitted by  a  distributor
to  the  Department  without  the purchase of stamps from the
Department when that method of remitting  the  tax  that  has
been  collected  is  required  or authorized by this Act, the
distributor shall be  allowed  a  discount  during  any  year
commencing  July  1  and  ending  the  following  June  30 in
accordance with the schedule set out  hereinbelow,  from  the
amount  to  be paid by him to the Department for such stamps,
or to be paid by him  to  the  Department  on  the  basis  of
monthly  remittances (as the case may be), to cover the cost,
to such distributor, of collecting the tax herein imposed  by
affixing  such  stamps to the original packages of cigarettes
sold  by  such  distributor  or  by  placing   tax   imprints
underneath   the   sealed  transparent  wrapper  of  original
packages of cigarettes sold by such distributor (as the  case
may  be):  (1) Prior to December 1, 1985, a discount equal to
1-2/3% of the amount of the tax up to and including the first
$700,000 paid hereunder by such distributor to the Department
during any such year; 1-1/3% of the next $700,000 of  tax  or
any  part  thereof, paid hereunder by such distributor to the
Department during any such year; 1% of the next  $700,000  of
tax,  or any part thereof, paid hereunder by such distributor
to the Department during any such year; and 2/3 of 1% of  the
amount   of   any  additional  tax  paid  hereunder  by  such
distributor to the Department during any such year or (2)  On
and  after December 1, 1985, a discount equal to 1.75% of the
amount of the tax payable under this Act up to and  including
the  first  $3,000,000  paid hereunder by such distributor to
the Department during any such year and 1.5% of the amount of
any additional tax paid hereunder by such distributor to  the
Department during any such year.
    Two  or  more  distributors  that  use  a common means of
affixing revenue tax stamps or that are owned  or  controlled
by   the   same  interests  shall  be  treated  as  a  single
distributor for the purpose of computing the discount.
    Cigarette manufacturers who are distributors  under  this
Act,  and  who  place  their  cigarettes in original packages
which are contained  inside  a  sealed  transparent  wrapper,
shall be required to remit the tax which they are required to
collect  under  this  Act  to the Department by remitting the
amount thereof to the Department  by  the  5th  day  of  each
month,  covering cigarettes shipped or otherwise delivered to
points  in  Illinois  to  purchasers  during  the   preceding
calendar  month,  but  a  distributor  need  not remit to the
Department the tax so collected by him from purchasers  under
this  Act to the extent to which such distributor is required
to remit the tax imposed by the  Cigarette  Tax  Act  to  the
Department  with  respect  to  the same cigarettes. All taxes
upon cigarettes under this Act are  a  direct  tax  upon  the
retail  consumer  and  shall  conclusively  be presumed to be
precollected for the  purpose  of  convenience  and  facility
only.  Distributors  who  are  manufacturers of cigarettes in
original  packages  which  are  contained  inside  a   sealed
transparent  wrapper,  before  delivering  such cigarettes or
causing such cigarettes to be  delivered  in  this  State  to
purchasers,  shall  evidence  their obligation to collect and
remit  the  tax  due  with  respect  to  such  cigarettes  by
imprinting language to be prescribed  by  the  Department  on
each  original  package  of  such  cigarettes  underneath the
sealed transparent outside wrapper of such original  package,
in  such  place  thereon and in such manner as the Department
may prescribe; provided (as stated  hereinbefore)  that  this
requirement  does not apply when such distributor is required
or authorized by the Cigarette  Tax  Act  to  place  the  tax
imprint  provided  for  in the last paragraph of Section 3 of
that Act underneath the sealed transparent  wrapper  of  such
original package of cigarettes. Such imprinted language shall
acknowledge  the  manufacturer's collection and payment of or
liability for the tax imposed by this  Act  with  respect  to
such cigarettes.
    The  Department  shall adopt the design or designs of the
tax stamps and shall procure the printing of such  stamps  in
such  amounts  and  denominations  as  it  deems necessary to
provide for the affixation of the proper amount of tax stamps
to each original package of cigarettes.
    Where  tax  stamps  are  required,  the  Department   may
authorize   distributors  to  affix  revenue  tax  stamps  by
imprinting  tax  meter  stamps  upon  original  packages   of
cigarettes.  The Department shall adopt rules and regulations
relating to the imprinting of such tax meter stamps  as  will
result  in  payment of the proper taxes as herein imposed. No
distributor may affix revenue tax stamps to original packages
of cigarettes by imprinting meter stamps thereon unless  such
distributor has first obtained permission from the Department
to  employ  this  method  of affixation. The Department shall
regulate the use of tax meters and may, to assure the  proper
collection  of  the  taxes  imposed  by  this  Act, revoke or
suspend the privilege, theretofore granted by the  Department
to any distributor, to imprint tax meter stamps upon original
packages of cigarettes.
    The  tax  hereby  imposed  and  not paid pursuant to this
Section shall be paid  to  the  Department  directly  by  any
person  using  such cigarettes within this State, pursuant to
Section 12 hereof.
(Source: P.A. 85-415.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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