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SB 2290 — LIQUOR-VIOLATIONS
Last action — Public Act . . . . . . . . . 93-0926
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 28, 2004. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 2 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 Liquor Control Act of 1934. Provides that, with certain exceptions, the Illinois Liquor Control Commission may revoke or suspend a licensee's license or impose a fine upon a licensee for a violation only if the applicable local liquor control commissioner has not revoked or suspended the licensee's license or imposed a fine upon the licensee for the violation. Provides that, for certain violations of the Act, the Illinois Liquor Control Commission may impose a fine that, when combined with the amount of any fine imposed by the appropriate local liquor control commissioner, equals up to $250.
Bill Text
What changed in the latest version
28 added · 28 removedPlain-language change summary
The amendments to SB 2290 update the Retailers’ Occupation Tax Act, specifically adjusting the deadline for businesses to file their sales tax returns. The changes clarify that all retailers must file their returns by the 20th day of each month, outlining their sales and service receipts from the previous month. This matters because it standardizes the filing timeline, making it easier for businesses to comply and for the state to manage tax reporting effectively.
SB2290 EngrossedEnrolled LRB093 19622 LRD 45363 b AN ACT in relation to alcohol.
The amount of credit provided in Section 2d of this SB2290 EngrossedEnrolled - 2 - LRB093 19622 LRD 45363 b Act;
SB2290 EngrossedEnrolled - 3 - LRB093 19622 LRD 45363 b 2.
the purchaser’s tax SB2290 EngrossedEnrolled - 4 - LRB093 19622 LRD 45363 b registration number;
Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic SB2290 EngrossedEnrolled - 5 - LRB093 19622 LRD 45363 b funds transfer.
If the retailer is otherwise required to file a monthly SB2290 EngrossedEnrolled - 6 - LRB093 19622 LRD 45363 b return and if the retailer’s average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year;
In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a SB2290 EngrossedEnrolled - 7 - LRB093 19622 LRD 45363 b separate return for each such item of tangible personal property which the retailer sells, except that if, in the same transaction, (i) a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle retailer or trailer retailer for the purpose of resale or (ii) a retailer of aircraft, watercraft, motor vehicles, or trailers transfers more than one aircraft, watercraft, motor vehicle, or trailer to a purchaser for use as a qualifying rolling stock as provided in Section 2-5 of this Act, then that seller may report the transfer of all aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form.
the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value SB2290 EngrossedEnrolled - 8 - LRB093 19622 LRD 45363 b of traded-in property;
The transaction reporting return and tax remittance or proof of exemption from the Illinois use tax may be transmitted to the Department by way of the State agency with which, or State officer with whom the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such SB2290 EngrossedEnrolled - 9 - LRB093 19622 LRD 45363 b agency or State officer determine that this procedure will expedite the processing of applications for title or registration.
If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of the tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be SB2290 EngrossedEnrolled - 10 - LRB093 19622 LRD 45363 b credited by the Department to the proper retailer’s account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed.
In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when SB2290 EngrossedEnrolled - 11 - LRB093 19622 LRD 45363 b such retailer files his periodic return.
If the month during which such tax liability is incurred begins on SB2290 EngrossedEnrolled - 12 - LRB093 19622 LRD 45363 b or after January 1, 1987 and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer’s actual liability for the month or 26.25% of the taxpayer’s liability for the same calendar month of the preceding year.
On and after October 1, 2000, once applicable, the requirement of SB2290 EngrossedEnrolled - 13 - LRB093 19622 LRD 45363 b the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $20,000 or more as determined in the manner provided above shall continue until such taxpayer’s average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer’s average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $20,000.
Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit prepaid taxes and has collected prepaid taxes which average in excess of $25,000 per month during the preceding 2 complete SB2290 EngrossedEnrolled - 14 - LRB093 19622 LRD 45363 b calendar quarters, shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred.
Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit prepaid taxes and has collected prepaid taxes that average in excess of $20,000 per month during the preceding 4 complete SB2290 EngrossedEnrolled - 15 - LRB093 19622 LRD 45363 b calendar quarters shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which the liability is incurred.
If no such request is made, the taxpayer may credit such excess payment against tax liability SB2290 EngrossedEnrolled - 16 - LRB093 19622 LRD 45363 b subsequently to be remitted to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department.
Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue SB2290 EngrossedEnrolled - 17 - LRB093 19622 LRD 45363 b realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property.
and means the Certified Annual Debt Service Requirement (as SB2290 EngrossedEnrolled - 18 - LRB093 19622 LRD 45363 b defined in Section 13 of the Build Illinois Bond Act) or the Tax Act Amount, whichever is greater, for fiscal year 1994 and each fiscal year thereafter;
If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such SB2290 EngrossedEnrolled - 19 - LRB093 19622 LRD 45363 b deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund;
Total Fiscal Year Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 SB2290 EngrossedEnrolled - 20 - LRB093 19622 LRD 45363 b 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2042.
Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits SB2290 EngrossedEnrolled - 21 - LRB093 19622 LRD 45363 b required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited.
The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual SB2290 EngrossedEnrolled - 22 - LRB093 19622 LRD 45363 b information return for the tax year specified in the notice.
Any person who willfully signs the annual return containing false or SB2290 EngrossedEnrolled - 23 - LRB093 19622 LRD 45363 b inaccurate information shall be guilty of perjury and punished accordingly.
Any person who promotes, organizes, provides retail selling space for concessionaires or other types of sellers at the Illinois State Fair, DuQuoin State Fair, county fairs, local fairs, art shows, flea markets and similar exhibitions or events, including any transient merchant as defined by Section 2 of the Transient Merchant Act of 1987, is required to file a report with the Department providing the name of the merchant’s business, the name of the person or persons engaged in merchant’s business, the permanent address and Illinois Retailers Occupation Tax Registration Number of the merchant, SB2290 EngrossedEnrolled - 24 - LRB093 19622 LRD 45363 b the dates and location of the event and other reasonable information that the Department may require.
149) SB2290 EngrossedEnrolled - 25 - LRB093 19622 LRD 45363 b Sec.
If the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community he may, upon the issuance of a written SB2290 EngrossedEnrolled - 26 - LRB093 19622 LRD 45363 b order stating the reason for such conclusion and without notice or hearing order the licensed premises closed for not more than 7 days, giving the licensee an opportunity to be heard during that period, except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises such order shall not be applicable to such other business or businesses.
If the premises for which the license was issued are located within a city, village or incorporated town having a population of 500,000 or more inhabitants, the licensee shall have the privilege, within a period of 20 days after the receipt of such order of fine, suspension or revocation, of appealing the order to the local license appeal commission and upon the filing of such an appeal by the licensee the license SB2290 EngrossedEnrolled - 27 - LRB093 19622 LRD 45363 b appeal commission shall determine the appeal upon certified record of proceedings of the local liquor commissioner in accordance with the provisions of Section 7-9.
All procedures for the suspension or revocation of a license, as enumerated above, are applicable to the levying of SB2290 EngrossedEnrolled - 28 - LRB093 19622 LRD 45363 b fines for violations of this Act or any rule or regulation issued pursuant thereto.
Action History
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Public Act . . . . . . . . . 93-0926
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Effective Date August 12, 2004
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Short Debate - Passed 118-000-000
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Added Alternate Chief Co-Sponsor Rep. Jim Sacia
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Added Alternate Chief Co-Sponsor Rep. Patricia R. Bellock
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Committee Amendment No. 1 Motion to Table Amendment - Prevailed by Voice Vote
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House Committee Amendment No. 1 Motion to Table Recommends Be Adopted Rules Committee; 005-000-000
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Recalled to Second Reading - Short Debate
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Committee/3rd Reading Deadline Extended-Rule 9(b) May 31, 2004
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House Committee Amendment No. 1 Motion to Table Referred to Rules Committee
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House Committee Amendment No. 1 Motion Filed to Table Rep. Joseph M. Lyons
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Added Alternate Chief Co-Sponsor Rep. Ralph C. Capparelli
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Added Alternate Chief Co-Sponsor Rep. Daniel J. Burke
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Executive Committee; 010-000-000
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House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Executive Committee
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Assigned to Executive Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Joseph M. Lyons
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Placed on Calendar Order of First Reading
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Arrived in House
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Third Reading - Passed; 056-001-000
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Added as Chief Co-Sponsor Sen. Martin A. Sandoval
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Placed on Calendar Order of 3rd Reading March 25, 2004
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Senate Floor Amendment No. 1 Adopted; Jacobs
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Second Reading
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Senate Floor Amendment No. 1 Be Adopted Licensed Activities; 009-000-000
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Senate Floor Amendment No. 1 Rules Refers to Licensed Activities
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Senate Floor Amendment No. 1 Referred to Rules
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. Denny Jacobs
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Placed on Calendar Order of 2nd Reading March 2, 2004
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Do Pass Licensed Activities; 008-001-000
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Added as Chief Co-Sponsor Sen. Terry Link
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Postponed - Licensed Activities
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Postponed - Licensed Activities
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Assigned to Licensed Activities
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Referred to Rules
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First Reading
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Filed with Secretary by Sen. Denny Jacobs
Sponsors
- Paul Jacobs · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Paul Jacobs Republican
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 106 | 0 | 0 | 0 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 118 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Scully | — | Yea |
| Slone | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Acevedo | — | Yea |
| Aguilar | — | Yea |
| Mathias | — | Yea |
| Beaubien | — | Yea |
| Bassi | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Wait | — | Yea |
| Brosnahan | — | Yea |
| Capparelli | — | Yea |
| McAuliffe | — | Yea |
| Dunkin | — | Yea |
| Mulligan | — | Yea |
| Nekritz | — | Yea |
| Hultgren | — | Yea |
| Jefferson | — | Yea |
| Osterman | — | Yea |
| Lindner | — | Yea |
| McCarthy | — | Yea |
| Lyons, Eileen | — | Yea |
| McKeon | — | Yea |
| Mendoza | — | Yea |
| Reitz | — | Yea |
| Lyons, Joseph | — | Yea |
| Meyer | — | Yea |
| Millner | — | Yea |
| Moffitt | — | Yea |
| Molaro | — | Yea |
| Morrow | — | Yea |
| Tenhouse | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| McGuire | — | Yea |
| Bradley, John | — | Yea |
| Bradley, Richard | — | Yea |
| Brady | — | Yea |
| Burke | — | Yea |
| Mitchell, Bill | — | Yea |
| Hannig | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Jerry | — | Yea |
| Howard | — | Yea |
| Churchill | — | Yea |
| Colvin | — | Yea |
| Dunn | — | Yea |
| Eddy | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Giles | — | Yea |
| Gordon | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Grunloh | — | Yea |
| Hamos | — | Yea |
| Hassert | — | Yea |
| Holbrook | — | Yea |
| Krause | — | Yea |
| Watson | — | Yea |
| Madigan | — | Yea |
| Jones | — | Yea |
| Munson | — | Yea |
| Davis, Monique | — | Yea |
| Davis, Steve | — | Yea |
| Myers | — | Yea |
| Osmond | — | Yea |
| Pankau | — | Yea |
| Washington | — | Yea |
| Coulson | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| Daniels | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Yea |
| Poe | — | Yea |
| Kurtz | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Parke | — | Yea |
| Pihos | — | Yea |
| Bailey | — | Yea |
| Dugan | — | Yea |
| Phelps | — | Yea |
| Pritchard | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Chapa LaVia | — | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 48 | 1 | 0 | 2 |
| Democrat | 7 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 56 | 1 | 0 | 2 |
| % of votes cast | 95% | 2% | 0% | 3% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Schoenberg | — | Yea |
| Shadid | — | Yea |
| Sieben | — | Yea |
| Silverstein | — | Yea |
| Soden | — | Yea |
| Lauzen | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Not Voting |
| Cronin | — | Yea |
| Geo-Karis | — | Yea |
| Halvorson | — | Yea |
| Link | — | Yea |
| Meeks | — | Yea |
| Munoz | — | Yea |
| Obama | — | Yea |
| Brady | — | Yea |
| Sullivan, D. | — | Yea |
| Radogno | — | Yea |
| Sullivan, J. | — | Yea |
| Petka | — | Yea |
| Jacobs | — | Yea |
| Trotter | — | Yea |
| Jones, J. | — | Yea |
| Viverito | — | Yea |
| Jones, W. | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| DeLeo | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Winkel | — | Yea |
| Wojcik | — | Yea |
| Luechtefeld | — | Yea |
| Demuzio | — | Not Voting |
| Dillard | — | Yea |
| Forby | — | Yea |
| Garrett | — | Yea |
| Peterson | — | Yea |
| Rauschenberger | — | Nay |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Roskam | — | Yea |
| Rutherford | — | Yea |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 2290 do?
- Amends the Liquor Control Act of 1934. Provides that, with certain exceptions, the Illinois Liquor Control Commission may revoke or suspend a licensee's license or impose a fine upon a licensee for a violation only if the applicable local liquor control commissioner has not revoked or suspended the licensee's license or imposed a fine upon the licensee for the violation. Provides that, for certain violations of the Act, the Illinois Liquor Control Commission may impose a fine that, when combined with the amount of any fine imposed by the appropriate local liquor control commissioner, equals up to $250.
- Who sponsors SB 2290?
- SB 2290 is sponsored by Paul Jacobs (Republican).
- What is the current status of SB 2290?
- This bill has been enacted into law. Introduced January 28, 2004. Enacted.
- Where can I track SB 2290?
- Track SB 2290 free on One Click Politics — get push/email alerts when it moves.
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