Illinois 97th Regular Session Status: Enacted

SB 3399 — BEER INDUSTRY COMPENSATION

Last action — Public Act . . . . . . . . . 97-1119

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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 February 07, 2012. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    0 primary, 1 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

Amends the Beer Industry Fair Dealing Act. Provides that certain compensation requirements applicable to the termination of an agreement between a brewer and a wholesaler apply if the total annual volume of beer products supplied by the brewer to the wholesaler represents 10% or less, rather than 15% or less, of the wholesaler's business for all beer products supplied by all brewers. Effective immediately.

Bill Text

What changed in the latest version

133 added · 139 removed

Plain-language change summary

The recent amendment to Bill SB 3399 changed the basis for determining what constitutes a wholesaler's annual volume of beer products. Instead of using "annual gross receipts," which referred to the revenues earned from beer sales, the bill now defines "annual volume" simply as the total volume of beer products sold. This shift is significant because it may alter how compensation disputes between brewers and wholesalers are resolved, ensuring the process is more focused on the quantity of beer sold rather than the financial aspects.

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SB3399 Engrossed LRB097 18875 JLS 64113 b AN ACT concerning beer wholesalers.
SB3399 Enrolled LRB097 18875 JLS 64113 b AN ACT concerning beer wholesalers.
(1.5) The provisions of this subsection (1.5) shall only apply if the brewer agrees to pay reasonable compensation as defined in subsection (1) and the total annual volume of all beer products supplied by a brewer to a wholesaler pursuant to SB3399 Engrossed - 2 - LRB097 18875 JLS 64113 b agreements between such brewer and wholesaler represents 10% 15% or less of the total annual gross receipts volume of the wholesaler's business for all beer products supplied by the wholesaler to the retailer all brewers.
(1.5) The provisions of this subsection (1.5) shall only apply if the brewer agrees to pay reasonable compensation as defined in subsection (1) and the total annual volume of all beer products supplied by a brewer to a wholesaler pursuant to SB3399 Enrolled - 2 - LRB097 18875 JLS 64113 b agreements between such brewer and wholesaler represents 10% 15% or less of the total annual volume of the wholesaler's business for all beer products supplied by all brewers.
For purposes of this subsection (1.5) only, "annual volume" means the volume of beer products sold by the wholesaler in the 12-month period immediately preceding receipt of the brewer's written offer pursuant to this subsection (1.5) and "annual gross receipts" means the revenues received by the wholesaler from beer products sold by the wholesaler in the 12-month period immediately preceding receipt of the brewer's written offer pursuant to this subsection (1.5).
For purposes of this subsection (1.5) only, "annual volume" means the volume of beer products sold by the wholesaler in the 12-month period immediately preceding receipt of the brewer's written offer pursuant to this subsection (1.5).
If the wholesaler does not, in writing, accept the brewer's written offer, either party may elect to submit the determination of reasonable compensation to expedited SB3399 Engrossed - 3 - LRB097 18875 JLS 64113 b binding arbitration.
If the wholesaler does not, in writing, accept the brewer's written offer, either party may elect to submit the determination of reasonable compensation to expedited binding arbitration.
Failure to elect arbitration shall constitute rejection of the offer to arbitrate.
Failure to elect arbitration shall constitute SB3399 Enrolled - 3 - LRB097 18875 JLS 64113 b rejection of the offer to arbitrate.
SB3399 Engrossed - 4 - LRB097 18875 JLS 64113 b (i) The wholesaler may accept, in writing, any written offer previously made by the brewer.
(i) The wholesaler may accept, in writing, any written offer previously made by the brewer.
If the wholesaler believes that the amount paid by the brewer is less than reasonable compensation under subsection (1), the wholesaler may bring a proceeding under subsection (2) for the difference, but may not proceed under subsection (3) of Section 9;
If the wholesaler SB3399 Enrolled - 4 - LRB097 18875 JLS 64113 b believes that the amount paid by the brewer is less than reasonable compensation under subsection (1), the wholesaler may bring a proceeding under subsection (2) for the difference, but may not proceed under subsection (3) of Section 9;
If (a) the wholesaler retains the affected brand or brands for a period of 2 years after the wholesaler rejects the offer to arbitrate, (b) the amount of reasonable compensation has not been determined, and (c) an injunction has not been issued, the brewer shall, in good faith, make a payment of SB3399 Engrossed - 5 - LRB097 18875 JLS 64113 b reasonable compensation to the wholesaler.
If (a) the wholesaler retains the affected brand or brands for a period of 2 years after the wholesaler rejects the offer to arbitrate, (b) the amount of reasonable compensation has not been determined, and (c) an injunction has not been issued, the brewer shall, in good faith, make a payment of reasonable compensation to the wholesaler.
If, however, the brewer fails to ship or make available brands ordered by the wholesaler prior to the brewer making any payment (including a good faith payment as provided in this subsection) to the wholesaler, the wholesaler shall be entitled to injunctive relief and attorneys' fees and shall subject the brewer to punitive damages.
If, however, the brewer fails to ship or make available brands ordered by the wholesaler prior to the brewer making any payment (including a good faith payment as provided in this subsection) to the wholesaler, the SB3399 Enrolled - 5 - LRB097 18875 JLS 64113 b wholesaler shall be entitled to injunctive relief and attorneys' fees and shall subject the brewer to punitive damages.
If (a) the brewer initiates a proceeding under Section 9 within 90 days after the wholesaler rejects the offer to arbitrate, (b) the wholesaler retains the affected brand or brands for a period of 2 years from the date the wholesaler rejects the offer to arbitrate, (c) the amount of SB3399 Engrossed - 6 - LRB097 18875 JLS 64113 b reasonable compensation has not been determined, and (d) an injunction has not been issued, the brewer shall, in good faith, make a payment of reasonable compensation to the wholesaler.
If (a) the brewer initiates a proceeding under Section 9 within 90 days after the wholesaler rejects the offer to arbitrate, (b) the wholesaler retains the affected brand or brands for a period of 2 years from the date the wholesaler rejects the offer to arbitrate, (c) the amount of reasonable compensation has not been determined, and (d) an injunction has not been issued, the brewer shall, in good faith, make a payment of reasonable compensation to the wholesaler.
If, however, the brewer fails to ship or make available brands ordered by the wholesaler prior to the brewer making any payment (including a good faith payment as provided in this subsection) to the wholesaler, the wholesaler shall be entitled to injunctive relief and attorneys' fees and shall subject the brewer to punitive damages.
If, however, the brewer fails to ship or make available brands ordered by the wholesaler prior to the SB3399 Enrolled - 6 - LRB097 18875 JLS 64113 b brewer making any payment (including a good faith payment as provided in this subsection) to the wholesaler, the wholesaler shall be entitled to injunctive relief and attorneys' fees and shall subject the brewer to punitive damages.
SB3399 Engrossed - 7 - LRB097 18875 JLS 64113 b (Source:
(Source:
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Action History

  1. Public Act . . . . . . . . . 97-1119

  2. Effective Date August 27, 2012

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 056-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 014-000-000

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

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

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Antonio Muñoz

  11. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 24, 2012

  12. Secretary's Desk - Concurrence House Amendment(s) 1

  13. Third Reading - Short Debate - Passed 118-000-000

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

  15. Second Reading - Short Debate

  16. Held on Calendar Order of Second Reading - Short Debate

  17. Second Reading - Short Debate

  18. Placed on Calendar 2nd Reading - Short Debate

  19. Do Pass as Amended / Short Debate Executive Committee; 011-000-000

  20. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  21. House Committee Amendment No. 1 Rules Refers to Executive Committee

  22. House Committee Amendment No. 1 Referred to Rules Committee

  23. House Committee Amendment No. 1 Filed with Clerk by Rep. Lou Lang

  24. Assigned to Executive Committee

  25. Referred to Rules Committee

  26. First Reading

  27. Placed on Calendar Order of First Reading

  28. Chief House Sponsor Rep. Lou Lang

  29. Arrived in House

  30. Third Reading - Passed; 056-000-000

  31. Placed on Calendar Order of 3rd Reading March 29, 2012

  32. Senate Floor Amendment No. 1 Adopted; Muñoz

  33. Second Reading

  34. Senate Floor Amendment No. 1 Recommend Do Adopt Executive; 012-000-000

  35. Senate Floor Amendment No. 1 Assignments Refers to Executive

  36. Senate Floor Amendment No. 1 Referred to Assignments

  37. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Antonio Muñoz

  38. Placed on Calendar Order of 2nd Reading March 21, 2012

  39. Do Pass Executive; 013-000-000

  40. Assigned to Executive

  41. Referred to Assignments

  42. First Reading

  43. Filed with Secretary by Sen. Antonio Muñoz

Sponsors

  • Antonio Muñoz · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Antonio Muñoz

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"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 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 44002
Democrat 10000
Republican 2001
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Meeks — Yea
Dillard — Yea
Duffy — Yea
Haine — Yea
LaHood — Yea
Link — Yea
Maloney — Yea
McCann — Yea
McCarter — Yea
Millner — Yea
Mulroe — Yea
Muñoz — Yea
Brady — Yea
Jacobs — Yea
Johnson, C. — Yea
McGuire — Yea
Johnson, T. — Yea
Noland — Yea
Jones, J. — Yea
Sullivan — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Cullerton — Yea
Clayborne — Yea
Crotty — Yea
Cultra — Yea
Forby — Yea
Steans — Yea
Trotter — Yea
Landek — Yea
Luechtefeld — Not Voting
Frerichs — Yea
Garrett — Yea
Hutchinson — Not Voting
Kotowski — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Lauzen — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 118 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 95000
Democrat 17000
Republican 6000
Total 118000
% of votes cast 100%0%0%0%
How each member voted (118)
Member Party Vote
Brauer — Yea
Brown — Yea
Carli — Yea
Cole — Yea
Connelly — Yea
Costello — Yea
McAsey — Yea
Jakobsson — Yea
Jefferson — Yea
Nekritz — Yea
Kay — Yea
Krezwick — Yea
Lang — Yea
Leitch — Yea
May — Yea
McAuliffe — Yea
Reis — Yea
Senger — Yea
Lyons — Yea
Bradley — Yea
Brady — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Farnham — Yea
Flowers — Yea
Fortner — Yea
Madigan — Yea
Mell — Yea
Mitchell, Bill — Yea
Moffitt — Yea
Burke, Daniel — Yea
Mitchell, Jerry — Yea
Morthland — Yea
Burke, Kelly — Yea
Mulligan — Yea
Sullivan — Yea
Nybo — Yea
Osmond — Yea
Phelps — Yea
Pihos — Yea
Sommer — Yea
Harris, David — Yea
Soto — Yea
Harris, Greg — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Unes — Yea
Hernandez — Yea
Verschoore — Yea
Watson — Yea
Howard — Yea
Williams — Yea
Winters — Yea
Zalewski — Yea
Jones — Yea
Davis, Monique — Yea
Cavaletto — Yea
Coladipietro — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Franks — Yea
Gaffney — Yea
Golar — Yea
Gordon — Yea
Hatcher — Yea
Hays — Yea
Jackson — Yea
Kosel — Yea
Penny — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Riley — Yea
Roth — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sente — Yea
Yarbrough — Yea
Acevedo — Yea
Arroyo — Yea
Barickman — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biss — Yea
Mautino — Yea
Bost — Yea
Chapa LaVia — Yea
Du Buclet — Yea
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Michelle Mussman Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Halbrook Republican Yea
Chapin Rose Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 43003
Democrat 10000
Republican 3000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Meeks — Not Voting
Cultra — Yea
Dillard — Yea
Mulroe — Yea
LaHood — Yea
Cullerton — Yea
Johnson, T. — Not Voting
Millner — Not Voting
Muñoz — Yea
Noland — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Trotter — Yea
Link — Yea
Maloney — Yea
McCann — Yea
McCarter — Yea
Radogno — Yea
Schoenberg — Yea
Brady — Yea
Jacobs — Yea
Johnson, C. — Yea
McGuire — Yea
Steans — Yea
Jones, J. — Yea
Sullivan — Yea
Clayborne — Yea
Crotty — Yea
Haine — Yea
Hutchinson — Yea
Kotowski — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Silverstein — Yea
Landek — Yea
Lauzen — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

labor agriculture
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Frequently asked questions

What does SB 3399 do?
Amends the Beer Industry Fair Dealing Act. Provides that certain compensation requirements applicable to the termination of an agreement between a brewer and a wholesaler apply if the total annual volume of beer products supplied by the brewer to the wholesaler represents 10% or less, rather than 15% or less, of the wholesaler's business for all beer products supplied by all brewers. Effective immediately.
Who sponsors SB 3399?
SB 3399 is sponsored by Antonio Muñoz.
What is the current status of SB 3399?
This bill has been enacted into law. Introduced February 07, 2012. Enacted.
Where can I track SB 3399?
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