Illinois 94th Regular Session Status: Enacted

SB 2302 — CIGARETTE SAFETY STANDARD ACT

Last action — Public Act . . . . . . . . . 94-0775

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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 January 12, 2006. Enacted.

Prognosis

Likely to advance 76% · 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.

  • 4 sponsors

    0 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 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

Creates the Cigarette Fire Safety Standard Act. Provides that, beginning January 1, 2008, no cigarettes may be sold in Illinois unless the manufacturer certifies that the cigarettes have been certified as low ignition strength in accordance with standards established by the American Society of Testing and Materials and no more than 25% of the cigarettes it manufactures exhibit full-length burns when tested. Provides that the Office of the State Fire Marshal shall adopt rules for the implementation of the Act, which shall include provisions to allow wholesalers and retailers to transition their existing inventories. Effective January 1, 2008.

Bill Text

What changed in the latest version

212 added · 214 removed

Plain-language change summary

The latest version of Bill SB 2302 clarifies how wholesale and retail dealers can show that their cigarette inventory was purchased before the law's effective date, specifically allowing them to prove it by comparing it to past purchases. This change is important because it offers more flexibility for businesses, ensuring they are not unfairly penalized for outdated inventory. Additionally, the requirements for testing cigarette ignition strength remain consistent with established standards, which helps maintain safety while allowing for potential updates in testing methods.

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Latest
SB2302 Engrossed LRB094 18319 LCT 53630 b AN ACT concerning fire safety.
SB2302 Enrolled LRB094 18319 LCT 53630 b AN ACT concerning fire safety.
"Retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco SB2302 Engrossed - 2 - LRB094 18319 LCT 53630 b products.
"Retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco SB2302 Enrolled - 2 - LRB094 18319 LCT 53630 b products.
(b) Nothing in this Act prohibits wholesale dealers or SB2302 Engrossed - 3 - LRB094 18319 LCT 53630 b retail dealers from selling their inventory of cigarettes existing on the effective date of this Act, provided that the wholesale dealer or retail dealer establishes that tax stamps were affixed to the cigarettes pursuant to Section 3 of the Cigarette Tax Act before the effective date of this Act, and provided further that the wholesale dealer or retail dealer establishes that the inventory was purchased before the effective date of this Act in comparable quantity to the amount of inventory purchased during the same period of the prior year.
(b) Nothing in this Act prohibits wholesale dealers or SB2302 Enrolled - 3 - LRB094 18319 LCT 53630 b retail dealers from selling their inventory of cigarettes existing on the effective date of this Act, provided that the wholesale dealer or retail dealer can establish that tax stamps were affixed to the cigarettes pursuant to Section 3 of the Cigarette Tax Act before the effective date of this Act, and provided further that the wholesale dealer or retail dealer can establish that the inventory was purchased before the effective date of this Act in comparable quantity to the amount of inventory purchased during the same period of the prior year.
SB2302 Engrossed - 4 - LRB094 18319 LCT 53630 b (e) Laboratories conducting testing in accordance with this Section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results.
(e) Laboratories conducting testing in accordance with SB2302 Enrolled - 4 - LRB094 18319 LCT 53630 b this Section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results.
Upon approval of the proposed test method and a determination by the Office of the State Fire Marshal that the performance standard proposed by the manufacturer or manufacturers is equivalent to the performance standard SB2302 Engrossed - 5 - LRB094 18319 LCT 53630 b prescribed in subsection (a) of this Section, the manufacturer or manufacturers may employ such test method and performance standard to certify such cigarette in accordance with Section 30 of this Act.
Upon approval of the proposed test method and a determination by the Office of the State Fire Marshal that the performance standard proposed by the manufacturer or manufacturers is equivalent to the performance standard prescribed in subsection (a) of this Section, the manufacturer SB2302 Enrolled - 5 - LRB094 18319 LCT 53630 b or manufacturers may employ such test method and performance standard to certify such cigarette in accordance with Section 30 of this Act.
If the State Fire Marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard, and that are the same in reducing cigarette ignition propensity as those contained in this Act, and the State Fire Marshal finds that the officials responsible for implementing those requirements have made an independent analysis and approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state’s law or regulation under a legal provision comparable to this subsection (c), then the State Fire Marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this State, unless the State Fire Marshal demonstrates a reasonable basis why the alternative test should not be accepted under this Act.
If the State Fire Marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that is the same as those contained in this Act, and the State Fire Marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state’s law or regulation under a legal provision comparable to this subsection (c), then the State Fire Marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this State, unless the State Fire Marshal demonstrates a reasonable basis why the alternative test should not be accepted under this Act.
SB2302 Engrossed - 6 - LRB094 18319 LCT 53630 b (1) each cigarette listed in the certification has been tested in accordance with Section 15 of this Act;
(1) each cigarette listed in the certification has been tested in accordance with Section 15 of this Act;
and (2) each cigarette listed in the certification meets the performance standard set forth in Section 20 of this Act.
and SB2302 Enrolled - 6 - LRB094 18319 LCT 53630 b (2) each cigarette listed in the certification meets the performance standard set forth in Section 20 of this Act.
SB2302 Engrossed - 7 - LRB094 18319 LCT 53630 b (a) Cigarettes that have been certified by a manufacturer in accordance with Section 30 of this Act shall be marked to indicate compliance with the requirements of this Act.
(a) Cigarettes that have been certified by a manufacturer in accordance with Section 30 of this Act shall be marked to SB2302 Enrolled - 7 - LRB094 18319 LCT 53630 b indicate compliance with the requirements of this Act.
The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC Code;
The mark may consist of an alphanumeric or symbolic character or characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC Code;
(2) any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap;
(2) any visible alphanumeric or symbolic character or combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap;
SB2302 Engrossed - 8 - LRB094 18319 LCT 53630 b (a) Any manufacturer, wholesale dealer, agent, or other person or entity who knowingly sells cigarettes wholesale in violation of item (3) of subsection (a) of Section 10 of this Act shall be subject to a civil penalty not to exceed $10,000 for each sale of the cigarettes.
(a) Any manufacturer, wholesale dealer, agent, or other SB2302 Enrolled - 8 - LRB094 18319 LCT 53630 b person or entity who knowingly sells cigarettes wholesale in violation of item (3) of subsection (a) of Section 10 of this Act shall be subject to a civil penalty not to exceed $10,000 for each sale of the cigarettes.
SB2302 Engrossed - 9 - LRB094 18319 LCT 53630 b Section 50.
SB2302 Enrolled - 9 - LRB094 18319 LCT 53630 b Section 50.
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Action History

  1. Public Act . . . . . . . . . 94-0775

  2. Effective Date January 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 046-011-001

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 008-000-000

  8. House Committee Amendment No. 1 Motion to Concur Rules Referred to Executive

  9. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. William R. Haine

  11. Placed on Calendar Order of Concurrence House Amendment(s) 01-April 4, 2006

  12. Secretary's Desk - Concurrence House Amendment(s) 01

  13. Third Reading - Short Debate - Passed 102-011-000

  14. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  15. Added Alternate Co-Sponsor Rep. Jack D. Franks

  16. Added Alternate Co-Sponsor Rep. Paul D. Froehlich

  17. Added Alternate Chief Co-Sponsor Rep. Patrick J Verschoore

  18. Added Alternate Chief Co-Sponsor Rep. Jack McGuire

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

  20. Second Reading - Short Debate

  21. Added Alternate Chief Co-Sponsor Rep. Sidney H. Mathias

  22. Placed on Calendar 2nd Reading - Short Debate

  23. Do Pass as Amended / Short Debate Consumer Protection Committee; 011-000-000

  24. House Committee Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote

  25. House Committee Amendment No. 1 Filed with Clerk by Consumer Protection Committee

  26. Added Alternate Chief Co-Sponsor Rep. Donald L. Moffitt

  27. Alternate Chief Sponsor Changed to Rep. Daniel J. Burke

  28. Assigned to Consumer Protection Committee

  29. Referred to Rules Committee

  30. First Reading

  31. Chief House Sponsor Rep. Donald L. Moffitt

  32. Placed on Calendar Order of First Reading

  33. Arrived in House

  34. Third Reading - Passed; 048-006-000

  35. Added as Chief Co-Sponsor Sen. Don Harmon

  36. Placed on Calendar Order of 3rd Reading

  37. Senate Floor Amendment No. 2 Adopted; Haine

  38. Senate Floor Amendment No. 1 Adopted; Haine

  39. Recalled to Second Reading

  40. Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 011-000-001

  41. Senate Floor Amendment No. 1 Recommend Do Adopt Executive; 011-000-001

  42. Added as Chief Co-Sponsor Sen. Arthur J. Wilhelmi

  43. Senate Floor Amendment No. 2 Rules Refers to Executive

  44. Senate Floor Amendment No. 1 Rules Refers to Executive

  45. Senate Floor Amendment No. 2 Referred to Rules

  46. Senate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine

  47. Senate Floor Amendment No. 1 Referred to Rules

  48. Senate Floor Amendment No. 1 Filed with Secretary by Sen. William R. Haine

  49. Placed on Calendar Order of 3rd Reading February 22, 2006

  50. Second Reading

  51. Placed on Calendar Order of 2nd Reading February 16, 2006

  52. Do Pass Executive; 007-005-000

  53. Assigned to Executive

  54. Added as Chief Co-Sponsor Sen. William E. Peterson

  55. Referred to Rules

  56. First Reading

  57. Filed with Secretary by Sen. William R. Haine

Sponsors

  • William R. Haine · Cosponsor
  • Paul D. Froehlich · Cosponsor
  • Jack D. Franks · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 4 co-sponsors · 179 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (4)

  • William R. Haine
  • Paul D. Froehlich
  • Jack D. Franks
  • Chapa LaVia

Not signed on (179)

179 members have not signed on to this bill.

Show all 179 →

"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

Concurrence

Passed 46 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 401102
Democrat 5000
Republican 1000
Total 461102
% of votes cast 78%19%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Luechtefeld — Nay
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Nay
Dillard — Not Voting
Forby — Yea
Halvorson — Yea
Lauzen — Nay
Link — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Munoz — Yea
Radogno — Yea
Sullivan — Yea
Schoenberg — Yea
Shadid — Yea
Jacobs — Yea
Cullerton — Yea
Trotter — Yea
Demuzio — Yea
Brady — Nay
Viverito — Yea
Petka — Nay
Jones, J. — Nay
Watson — Nay
Jones, W. — Nay
Wilhelmi — Yea
Winkel — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Nay
DeLeo — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Pankau — Yea
Peterson — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Nay
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Nay
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 102 Yea · 11 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 93904
Democrat 8001
Republican 1200
Total 1021105
% of votes cast 86%9%0%4%
How each member voted (118)
Member Party Vote
Sacia — Nay
Saviano — Yea
Schmitz — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Krause — Yea
Acevedo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Nay
Biggins — Yea
Black — Nay
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
McKeon — Yea
Molaro — Yea
Golar — Yea
Granberg — Yea
Myers — Yea
Jakobsson — Yea
Jefferson — Yea
Jenisch — Nay
Lang — Yea
Lindner — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Mathias — Yea
Reitz — Yea
Lyons, Joseph — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Moffitt — Yea
Mulligan — Yea
Munson — Yea
Nekritz — Yea
Osmond — Yea
McGuire — Yea
Tryon — Yea
Bradley, John — Yea
Turner — Yea
Bradley, Richard — Yea
Verschoore — Yea
Brady — Yea
Wait — Yea
Washington — Yea
Burke — Yea
Mitchell, Jerry — Yea
Sullivan — Yea
Hannig — Yea
Howard — Yea
Chavez — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Leitch — Not Voting
Madigan — Yea
Davis, Monique — Yea
Mitchell, Bill — Nay
Watson — Nay
Jones — Not Voting
Parke — Yea
Phelps — Yea
Pihos — Yea
Tenhouse — Not Voting
Winters — Yea
Yarbrough — Yea
Churchill — Nay
D'Amico — Yea
Daniels — Yea
Kosel — Yea
Younge — Yea
Osterman — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Nay
Reis — Nay
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Not Voting
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 48 Yea · 6 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 42605
Republican 1000
Democrat 5000
Total 48605
% of votes cast 81%10%0%8%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Yea
Link — Yea
Althoff — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Peterson — Yea
Radogno — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Munoz — Yea
Sullivan — Yea
Petka — Yea
Cullerton — Yea
Clayborne — Yea
Cronin — Yea
Dahl — Yea
Forby — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Demuzio — Yea
Jacobs — Nay
Jones, J. — Nay
Watson — Nay
Jones, W. — Nay
Brady — Not Voting
Lauzen — Nay
Luechtefeld — Nay
Martinez — Not Voting
Winkel — Not Voting
Crotty — Not Voting
DeLeo — Yea
Dillard — Yea
Halvorson — Not Voting
Pankau — Yea
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 Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety energy
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Frequently asked questions

What does SB 2302 do?
Creates the Cigarette Fire Safety Standard Act. Provides that, beginning January 1, 2008, no cigarettes may be sold in Illinois unless the manufacturer certifies that the cigarettes have been certified as low ignition strength in accordance with standards established by the American Society of Testing and Materials and no more than 25% of the cigarettes it manufactures exhibit full-length burns when tested. Provides that the Office of the State Fire Marshal shall adopt rules for the implementation of the Act, which shall include provisions to allow wholesalers and retailers to transition their existing inventories. Effective January 1, 2008.
Who sponsors SB 2302?
SB 2302 is sponsored by William R. Haine, Paul D. Froehlich, Jack D. Franks, and Chapa LaVia.
What is the current status of SB 2302?
This bill has been enacted into law. Introduced January 12, 2006. Enacted.
Where can I track SB 2302?
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