IL HB1913

Amends the Tobacco Products Compliance Act to grant manufacturers or distributors of tobacco products a private right of action against other manufacturers or distributors for products sold in Illinois that violate state tax laws or local ordinances.

Requires private action plaintiffs to first notify the Director of Revenue (for state tax violations) or local government clerk (for local ordinance violations) by certified mail and allow 60 days for state action or 90 days for local action before filing suit.

Prevailing manufacturers or distributors in enforcement actions recover one-third of noncompliant tax revenue, with remainder going to the Department of Revenue or local government, plus three times attorney's fees and costs.

Permits courts to assess punitive damages for wanton or flagrant violations and allows actions to be brought by one or more manufacturers or distributors on behalf of similarly situated parties.

Changes Section 10 to clarify that manufacturers must provide compliance certifications only to the extent their manufacture qualifies under the federal Family Smoking Prevention and Tobacco Control Act.