Illinois General Assembly - Full Text of HB3518
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Full Text of HB3518  93rd General Assembly

HB3518ham001 93rd General Assembly


093_HB3518ham001

 










                                     LRB093 10971 LCB 12496 a

 1                    AMENDMENT TO HOUSE BILL 3518

 2        AMENDMENT NO.     .  Amend House Bill 3518  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Tobacco  Product Manufacturers' Escrow
 5    Act is amended by changing Section 15 and by  adding  Section
 6    20 as follows:

 7        (30 ILCS 168/15)
 8        Sec. 15.  Requirements.
 9        (a)  Any  tobacco product manufacturer selling cigarettes
10    to consumers within the State of Illinois  (whether  directly
11    or  through  a distributor, retailer, or similar intermediary
12    or intermediaries) after the effective date of this Act shall
13    do one of the following:
14             (1)  become a participating  manufacturer  (as  that
15        term   is   defined  in  Section  II(jj)  of  the  Master
16        Settlement   Agreement)  and   generally   perform    its
17        financial   obligations   under   the  Master  Settlement
18        Agreement; or
19             (2) (A)  place into a qualified escrow fund by April
20             15 of the year following the year  in  question  the
21             following  amounts (as such amounts are adjusted for
22             inflation):
 
                            -2-      LRB093 10971 LCB 12496 a
 1                       (i)  For 1999:  $0.0094241 per  unit  sold
 2                  after the effective date of this Act;
 3                       (ii)  For 2000:  $0.0104712 per unit sold;
 4                       (iii)  For   each   of   2001   and  2002:
 5                  $0.0136125  per unit sold;
 6                       (iv)  For  each  of  2003  through   2006:
 7                  $0.0167539  per unit sold;
 8                       (v)  For   each  of  2007  and  each  year
 9                  thereafter:  $0.0188482 per unit sold.
10                  (B)  A tobacco product manufacturer that places
11             funds into escrow pursuant to subdivision  (a)(2)(A)
12             shall  receive the interest or other appreciation on
13             the funds as earned.  The funds themselves shall  be
14             released   from  escrow  only  under  the  following
15             circumstances:
16                       (i)  to pay a judgment  or  settlement  on
17                  any  released claim brought against the tobacco
18                  product  manufacturer  by  the  State  or   any
19                  releasing  party  located  or  residing  in the
20                  State.  Funds shall  be  released  from  escrow
21                  under  this  subdivision  (a)(2)(B)(i): (I)  in
22                  the  order  in  which  they  were  placed  into
23                  escrow; and (II)  only to the extent and at the
24                  time necessary to make payments required  under
25                  such judgment or settlement;
26                       (ii)  to the extent that a tobacco product
27                  manufacturer establishes that the amount it was
28                  required  to  place  into  escrow on account of
29                  units sold in the State in  a  particular  year
30                  was   greater   than   the   Master  Settlement
31                  Agreement payments, as determined  pursuant  to
32                  Section  IX(i)  of  that  Agreement,  including
33                  after  final  determination of all adjustments,
34                  that such manufacturer would have been required
 
                            -3-      LRB093 10971 LCB 12496 a
 1                  to make on  account  of  such  units  sold  the
 2                  State's  allocable  share of the total payments
 3                  that such manufacturer would have been required
 4                  to  make  in  that  year   under   the   Master
 5                  Settlement Agreement (as determined pursuant to
 6                  Section   IX(i)(2)  of  the  Master  Settlement
 7                  Agreement, and before any of the adjustments or
 8                  offsets described in Section IX(i)(3)  of  that
 9                  Agreement  other than the Inflation Adjustment)
10                  had it been a Participating  Manufacturer,  the
11                  excess shall be released from escrow and revert
12                  back to such tobacco product manufacturer; or
13                       (iii)  to  the  extent  not  released from
14                  escrow  under  subdivisions   (a)(2)(B)(i)   or
15                  (a)(2)(B)(ii),  funds  shall  be  released from
16                  escrow and revert back to such tobacco  product
17                  manufacturer  25  years after the date on which
18                  they were placed into escrow.
19                  (C)  Each  tobacco  product  manufacturer  that
20             elects to place funds into escrow pursuant  to  this
21             subdivision  (a)(2)  shall  annually  certify to the
22             Attorney General that it is in compliance with  this
23             subdivision  (a)(2).  The Attorney General may bring
24             a civil action on behalf of the  State  of  Illinois
25             against  any tobacco product manufacturer that fails
26             to place into escrow the funds required  under  this
27             subdivision    (a)(2).     Any    tobacco    product
28             manufacturer  that  fails  in any year to place into
29             escrow the funds  required  under  this  subdivision
30             (a)(2) shall:
31                       (i)  be  required  within 15 days to place
32                  such funds into escrow as shall bring  it  into
33                  compliance  with this Section.  The court, upon
34                  a finding of a violation  of  this  subdivision
 
                            -4-      LRB093 10971 LCB 12496 a
 1                  (a)(2),  may  impose a civil penalty to be paid
 2                  into the General Revenue Fund in an amount  not
 3                  to  exceed 5% of the amount improperly withheld
 4                  from escrow per day of the violation and  in  a
 5                  total amount not to exceed 100% of the original
 6                  amount improperly withheld from escrow;
 7                       (ii)  in  the case of a knowing violation,
 8                  be required within 15 days to place such  funds
 9                  into  escrow  as shall bring it into compliance
10                  with this Section.  The court, upon  a  finding
11                  of  a  knowing  violation  of  this subdivision
12                  (a)(2), may impose a civil penalty to  be  paid
13                  into  the General Revenue Fund in an amount not
14                  to exceed 15% of the amount improperly withheld
15                  from escrow per day of the violation and  in  a
16                  total amount not to exceed 300% of the original
17                  amount improperly withheld from escrow; and
18                       (iii)  in  the  case  of  a second knowing
19                  violation,   be   prohibited    from    selling
20                  cigarettes  to  consumers  within  the State of
21                  Illinois  (whether  directly   or   through   a
22                  distributor, retailer, or similar intermediary)
23                  for a period not to exceed 2 years.
24        (b)  Each  failure  to  make  an  annual deposit required
25    under this Section shall constitute a separate violation.  If
26    a tobacco product manufacturer is successfully prosecuted  by
27    the  Attorney  General for a violation of subdivision (a)(2),
28    the tobacco product manufacturer must pay, in addition to any
29    fine imposed by a court, the  State's  costs  and  attorney's
30    fees incurred in the prosecution.
31    (Source: P.A. 91-41, eff. 6-30-99.)

32        (30 ILCS 168/20 new)
33        Sec.  20.  If  this  amendatory  Act  of the 93rd General
 
                            -5-      LRB093 10971 LCB 12496 a
 1    Assembly or any  portion  of  the  amendment  to  subdivision
 2    (2)(B)(ii)  of  subsection  (a)  of  Section  15 made by this
 3    amendatory Act of the 93rd General  Assembly  is  held  by  a
 4    court  of competent jurisdiction to by unconstitutional, then
 5    such subdivision (2)(B)(ii) of subsection (a) of  Section  15
 6    shall   be  deemed  to  be  repealed  in  its  entirety.   If
 7    subdivision (2)(B)(ii) of subsection (a) of Section 15  shall
 8    thereafter be held by a court of competent jurisdiction to be
 9    unconstitutional,  then  this  amendatory  Act  of  the  93rd
10    General  Assembly  shall  be  deemed repealed and subdivision
11    (2)(B)(ii) of subsection (a) of Section 15 shall be  restored
12    as  if no such amendments had been made.  Neither any holding
13    of  unconstitutionality  nor  the   repeal   of   subdivision
14    (2)(B)(ii)  of  subsection  (a)  of  Section 15 shall affect,
15    impair, or invalidate any other portion of Section 15 or  the
16    application   of   such   Section  to  any  other  person  or
17    circumstance, and such remaining portions of Section 15 shall
18    at all times continue in full force and effect.".