House Sponsors: BEAUBIEN-FRITCHEY-OSMOND-MATHIAS-BRUNSVOLD. Senate Sponsors: PETERSON-GEO-KARIS-CLAYBORNE Short description: CIGARETTE TAX-GRAY MARKET CIGS Synopsis of Bill as introduced: 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. Last action on Bill: PUBLIC ACT.............................. 91-0810 Last action date: 00-06-13 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0 END OF INQUIRY Full Text Bill Status