Bill Status of HB 276   93rd General Assembly

Short Description:  TOBACCO COMPANY-APPEAL BOND

House Sponsors
Rep. Barbara Flynn Currie

Senate Sponsors
(Sen. Jeffrey M. Schoenberg)


Last Action  View All Actions

DateChamber Action
  8/6/2003HousePublic Act . . . . . . . . . 93-0446

Statutes Amended In Order of Appearance
30 ILCS 105/6z-43

Synopsis As Introduced
Amends the State Finance Act. In provisions concerning the Tobacco Settlement Recovery Fund, provides that in any civil litigation under any legal theory in which a judgment is entered against a signatory or a successor to a signatory of the Master Settlement Agreement, the appeal bond that the signatory or successor or another defendant may be required to post to stay execution on the judgment during the time that an appeal or discretionary review of the judgment is pending shall be set in accordance with the law and the rules of the court, except that in no case may the total amount of the appeal bond exceed $25,000,000, regardless of the total amount of the judgment. Authorizes a court order to prevent an appellant's dissipation or diversion of assets. Provides that these changes apply to any action pending on or after the effective date of this amendatory Act. Effective immediately.

House Amendment No. 1
Deletes the substantive changes from the bill. Makes a technical change in the Tobacco Settlement Recovery Fund Section of the State Finance Act.

Senate Floor Amendment No. 1
Deletes reference to:
30 ILCS 105/6z-43
Adds reference to:
New Act
30 ILCS 169/Act rep.
30 ILCS 168/15
30 ILCS 168/20 new

Deletes everything. Creates the Tobacco Products Manufacturers' Escrow Enforcement Act of 2003. Requires a tobacco product manufacturer to certify by the thirtieth of April each year that the tobacco product manufacturer either: (i) is a participating manufacturer and has generally performed its financial obligations under the Master Settlement Agreement (in the Master Settlement Agreement); or (ii) is in full compliance with the Tobacco Products Manufacturers' Escrow Act. Provides that the Attorney General shall develop a directory listing all tobacco product manufacturers who are certified and all of the brand families that are listed on each tobacco product manufacturer's certification. Establishes reporting requirements for distributors of cigarettes. Provides for penalties for the violation of the Act. Provides that a person who (i) sells or distributes cigarettes, or (ii) acquires, holds, owns, possesses, transports, imports, or causes to be imported cigarettes that the person knows or should know are intended for distribution or sale in violation of the tax stamp requirements of the Act commits a Class 2 felony. Repeals the Tobacco Products Manufacturers' Escrow Enforcement Act. Amends the Tobacco Product Manufacturers' Escrow Act. Allows funds to be released from escrow to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in this State in a particular year was greater than the Master Settlement Agreement payments, after final determination of all adjustments, that the manufacturer would have been required to make on account of the units sold (instead of to the extent that the amount required to be placed into escrow in a particular year was greater than the State's allocable share of the total payments that such manufacturer would have been required to make in that year under the Master Settlement Agreement before any of the adjustments or offsets provided for in the Agreement). Makes other changes.

Senate Floor Amendment No. 2
Changes "Section" to "Act" in several places. Redesignates subsections. Changes "regulations" to "rules".

Actions 
DateChamber Action
  1/23/2003HouseFiled with the Clerk by Rep. Robert S. Molaro
  1/23/2003HouseFirst Reading
  1/23/2003HouseReferred to Rules Committee
  1/29/2003HouseAssigned to Executive Committee
  2/5/2003HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote
  2/5/2003HouseHouse Amendment No. 1 Filed with Clerk by Executive Committee
  2/5/2003HouseHouse Amendment No. 1 Adopted in Executive Committee; 010-000-000
  2/5/2003HouseDo Pass as Amended / Short Debate Executive Committee; 010-000-000
  2/5/2003HousePlaced on Calendar 2nd Reading - Short Debate
  2/5/2003HouseSecond Reading - Short Debate
  2/5/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/6/2003HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  2/6/2003HouseThird Reading - Short Debate - Passed 062-050-003
  2/18/2003SenateArrive in Senate
  2/18/2003SenatePlaced on Calendar Order of First Reading February 19, 2003
  3/18/2003SenateChief Senate Sponsor Sen. James F. Clayborne, Jr.
  3/19/2003SenateFirst Reading
  3/19/2003SenateReferred to Rules
  4/3/2003SenateAssigned to Executive
  4/16/2003SenatePostponed - Executive
  5/1/2003SenateDo Pass Executive; 010-000-000
  5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003
  5/6/2003SenateAlternate Chief Sponsor Changed to Sen. Jeffrey M. Schoenberg
  5/6/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Jeffrey M. Schoenberg
  5/6/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  5/7/2003SenateSenate Floor Amendment No. 1 Rules Refers to Executive
  5/8/2003SenateSenate Floor Amendment No. 1 Held in Executive
  5/14/2003SenateSenate Floor Amendment No. 1 Be Adopted Executive; 008-003-000
  5/15/2003SenateSecond Reading
  5/15/2003SenateSenate Floor Amendment No. 1 Adopted; Schoenberg
  5/15/2003SenatePlaced on Calendar Order of 3rd Reading May 16, 2003
  5/16/2003SenateThird Reading Deadline Extended - Rule 2-10, to December 31, 2003.
  5/27/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Jeffrey M. Schoenberg
  5/27/2003SenateSenate Floor Amendment No. 2 Referred to Rules
  5/28/2003SenateSenate Floor Amendment No. 2 Be Approved for Consideration Rules
  5/29/2003SenateRecalled to Second Reading
  5/29/2003SenateSenate Floor Amendment No. 2 Adopted; Schoenberg
  5/29/2003SenatePlaced on Calendar Order of 3rd Reading
  5/29/2003SenateThird Reading - Passed; 042-014-001
  5/29/2003HouseFinal Action Deadline Extended-9(b) May 31, 2003
  5/29/2003HouseArrived in House
  5/29/2003HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1 and 2
  5/29/2003HouseChief Sponsor Changed to Rep. Barbara Flynn Currie
  5/29/2003HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Barbara Flynn Currie
  5/29/2003HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Barbara Flynn Currie
  5/29/2003HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Barbara Flynn Currie; Motion #1
  5/29/2003HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Barbara Flynn Currie; Motion #1
  5/29/2003HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/29/2003HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/30/2003HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Revenue Committee
  5/30/2003HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Revenue Committee
  5/31/2003HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Revenue Committee; 009-000-000
  5/31/2003HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Revenue Committee; 009-000-000
  5/31/2003HouseSenate Floor Amendment No. 1 House Concurs 113-001-002
  5/31/2003HouseSenate Floor Amendment No. 2 House Concurs 113-001-002
  5/31/2003HousePassed Both Houses
  6/27/2003HouseSent to the Governor
  8/6/2003HouseGovernor Approved
  8/6/2003HouseEffective Date January 1, 2004
  8/6/2003HousePublic Act . . . . . . . . . 93-0446

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