Illinois 94th Regular Session Status: Enacted

SB 417 — FINANCE-TOBACCO ESCROW ENFORCE

Last action — Public Act . . . . . . . . . 94-0575

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2005. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Tobacco Products Manufacturers' Escrow Enforcement Act of 2003. Deletes provisions concerning the Director of Revenue's powers and duties in relation to the registration of agents by non-participating manufacturers. In a provision concerning the reporting of information, authorizes the Attorney General to disclose information to the Director of Revenue (now, the Director is authorized to disclose information to the Attorney General). Upon a distributor's violation of certain provisions of the Act, authorizes the Director of Revenue to revoke or suspend the license of the distributor (now, the license of a stamping agent) and authorizes the Attorney General to seek injunctive relief against a distributor (now, a stamping agent). Provides that the administrative decisions of the Attorney General concerning inclusions on the directory of certified manufacturers and brand families are subject to administrative review under the Administrative Review Law (now, subject to review in a manner prescribed by rule). Effective immediately.

Bill Text

What changed in the latest version

9 added · 9 removed

Plain-language change summary

The latest version of Bill SB 417 has been updated to include new lines while removing others, indicating some amendments have been made. Although the specific content of these changes isn't detailed in the provided information, such revisions often aim to clarify language, improve provisions, or address feedback from previous discussions. These adjustments can significantly impact how the law is interpreted and enforced, ultimately influencing those it affects.

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SB0417 Engrossed LRB094 06046 BDD 36106 b AN ACT concerning finance.
SB0417 Enrolled LRB094 06046 BDD 36106 b AN ACT concerning finance.
(ii) listing all of its brand families that SB0417 Engrossed - 2 - LRB094 06046 BDD 36106 b have been sold in the State at any time during the current calendar year;
(ii) listing all of its brand families that SB0417 Enrolled - 2 - LRB094 06046 BDD 36106 b have been sold in the State at any time during the current calendar year;
(F) the amount the non-participating manufacturer SB0417 Engrossed - 3 - LRB094 06046 BDD 36106 b placed in the fund for cigarettes sold in the State during the preceding calendar year, including the dates and amount of each deposit, and such evidence or verification as may be deemed necessary by the Attorney General to confirm the foregoing;
(F) the amount the non-participating manufacturer SB0417 Enrolled - 3 - LRB094 06046 BDD 36106 b placed in the fund for cigarettes sold in the State during the preceding calendar year, including the dates and amount of each deposit, and such evidence or verification as may be deemed necessary by the Attorney General to confirm the foregoing;
(b) Not later than 6 months after the effective date of this Act, the Attorney General shall develop and make available SB0417 Engrossed - 4 - LRB094 06046 BDD 36106 b for public inspection, through publishing on its website, a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (a) of Section 15 and all brand families that are listed in the certifications, except for the following:
(b) Not later than 6 months after the effective date of this Act, the Attorney General shall develop and make available SB0417 Enrolled - 4 - LRB094 06046 BDD 36106 b for public inspection, through publishing on its website, a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (a) of Section 15 and all brand families that are listed in the certifications, except for the following:
(i) to affix a SB0417 Engrossed - 5 - LRB094 06046 BDD 36106 b stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory;
(i) to affix a SB0417 Enrolled - 5 - LRB094 06046 BDD 36106 b stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory;
SB0417 Engrossed - 6 - LRB094 06046 BDD 36106 b (c) Any non-participating manufacturer whose products are sold in this State, without appointing or designating an agent as herein required shall be deemed to have appointed the Secretary of State as the agent and may be proceeded against in courts of this State by service of process upon the Secretary of State;
SB0417 Enrolled - 6 - LRB094 06046 BDD 36106 b (c) Any non-participating manufacturer whose products are sold in this State, without appointing or designating an agent as herein required shall be deemed to have appointed the Secretary of State as the agent and may be proceeded against in courts of this State by service of process upon the Secretary of State;
(c) The Attorney General may require at any time, from the non-participating manufacturer, proof from the financial SB0417 Engrossed - 7 - LRB094 06046 BDD 36106 b institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with the Escrow Act of the amount of money in the fund being held on behalf of the State and the dates of deposits, and listing the amounts of all withdrawals from the fund and the dates thereof.
(c) The Attorney General may require at any time, from the non-participating manufacturer, proof from the financial SB0417 Enrolled - 7 - LRB094 06046 BDD 36106 b institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with the Escrow Act of the amount of money in the fund being held on behalf of the State and the dates of deposits, and listing the amounts of all withdrawals from the fund and the dates thereof.
For each violation, the Director may also impose a civil penalty in SB0417 Engrossed - 8 - LRB094 06046 BDD 36106 b an amount not to exceed the greater of 500% of the retail value of the cigarettes sold or $5,000 upon a determination of violation of subsection (e) of Section 15 or any regulations adopted pursuant thereto.
For each violation, the Director may also impose a civil penalty in SB0417 Enrolled - 8 - LRB094 06046 BDD 36106 b an amount not to exceed the greater of 500% of the retail value of the cigarettes sold or $5,000 upon a determination of violation of subsection (e) of Section 15 or any regulations adopted pursuant thereto.
(a) Every final administrative decision A determination of the Attorney General to not list or to remove from the directory a brand family or tobacco product manufacturer shall SB0417 Engrossed - 9 - LRB094 06046 BDD 36106 b be subject to judicial review only under and in accordance with the Administrative Review Law.
(a) Every final administrative decision A determination of the Attorney General to not list or to remove from the directory a brand family or tobacco product manufacturer shall SB0417 Enrolled - 9 - LRB094 06046 BDD 36106 b be subject to judicial review only under and in accordance with the Administrative Review Law.
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Action History

  1. Public Act . . . . . . . . . 94-0575

  2. Effective Date August 12, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 113-000-000

  7. Placed on Calendar Order of 3rd Reading - Short Debate

  8. Second Reading - Short Debate

  9. Placed on Calendar 2nd Reading - Short Debate

  10. Do Pass / Short Debate Executive Committee; 011-000-000

  11. Committee/Final Action Deadline Extended-9(b) May 27, 2005

  12. Added Alternate Chief Co-Sponsor Rep. Sandra M. Pihos

  13. Added as Co-Sponsor Sen. James T. Meeks

  14. Assigned to Executive Committee

  15. Referred to Rules Committee

  16. First Reading

  17. Chief House Sponsor Rep. Elizabeth Coulson

  18. Placed on Calendar Order of First Reading

  19. Arrived in House

  20. Third Reading - Passed; 055-000-000

  21. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  22. Added as Co-Sponsor Sen. Martin A. Sandoval

  23. Placed on Calendar Order of 3rd Reading March 8, 2005

  24. Second Reading

  25. Placed on Calendar Order of 2nd Reading March 1, 2005

  26. Do Pass Executive; 011-000-000

  27. Assigned to Executive

  28. Referred to Rules

  29. First Reading

  30. Filed with Secretary by Sen. Jeffrey M. Schoenberg

Sponsors

  • Jeffrey M. Schoenberg · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Jeffrey M. Schoenberg

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 103003
Democrat 7002
Republican 3000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Scully — Not Voting
Acevedo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Mulligan — Yea
Holbrook — Yea
Nekritz — Yea
Jefferson — Yea
Jenisch — Yea
Lang — Yea
Leitch — Yea
Bailey — Yea
Lindner — Yea
Lyons, Eileen — Yea
Mathias — Yea
McAuliffe — Yea
Reitz — Yea
Lyons, Joseph — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
Moffitt — Yea
Sommer — Yea
Soto — Yea
Tenhouse — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Hassert — Yea
Krause — Yea
Madigan — Yea
McKeon — Not Voting
Howard — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
Watson — Yea
Osmond — Yea
Jones — Yea
Parke — Yea
Phelps — Yea
Davis, Monique — Not Voting
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Chavez — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Osterman — Yea
Patterson — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Not Voting
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 50003
Democrat 4001
Republican 1000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Not Voting
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Yea
Dahl — Yea
Forby — Yea
Haine — Yea
Halvorson — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Lauzen — Yea
Demuzio — Yea
Link — Yea
Luechtefeld — Yea
Jones, W. — Not Voting
Maloney — Yea
Viverito — Yea
Wilhelmi — Yea
DeLeo — Yea
Dillard — Yea
Winkel — Yea
Wojcik — Yea
Meeks — Yea
Peterson — Yea
Schoenberg — Yea
Munoz — Yea
Trotter — Yea
Brady — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Jacobs — Yea
Clayborne — Yea
Crotty — Yea
Garrett — Yea
Geo-Karis — Yea
Hendon — Yea
Pankau — Yea
Radogno — Not Voting
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 417 do?
Amends the Tobacco Products Manufacturers' Escrow Enforcement Act of 2003. Deletes provisions concerning the Director of Revenue's powers and duties in relation to the registration of agents by non-participating manufacturers. In a provision concerning the reporting of information, authorizes the Attorney General to disclose information to the Director of Revenue (now, the Director is authorized to disclose information to the Attorney General). Upon a distributor's violation of certain provisions of the Act, authorizes the Director of Revenue to revoke or suspend the license of the distributor (now, the license of a stamping agent) and authorizes the Attorney General to seek injunctive relief against a distributor (now, a stamping agent). Provides that the administrative decisions of the Attorney General concerning inclusions on the directory of certified manufacturers and brand families are subject to administrative review under the Administrative Review Law (now, subject to review in a manner prescribed by rule). Effective immediately.
Who sponsors SB 417?
SB 417 is sponsored by Jeffrey M. Schoenberg.
What is the current status of SB 417?
This bill has been enacted into law. Introduced February 16, 2005. Enacted.
Where can I track SB 417?
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