BIFDA-REASONABLE COMPENSATION
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SB 1282 — BIFDA-REASONABLE COMPENSATION
Last action — Public Act . . . . . . . . . 96-0482
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 February 10, 2009. 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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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. Contains language concerning registration requirements for non-resident dealers and foreign importers of alcoholic liquors who are not manufacturers. Amends the Beer Industry Fair Dealing Act. Provides that provisions concerning reasonable compensation and arbitration apply only if the brewer agrees to pay reasonable compensation as defined under the Act and the total annual volume of all beer products supplied by a brewer to a wholesaler pursuant to agreements between such brewer and wholesaler represents 10% (rather than 20%) or less of the total annual volume of the wholesaler's business for all beer products supplied by all brewers, provided that such 10% volume of all beer products supplied by the wholesaler to the retailer does not exceed 10% of annual gross receipts. Makes other changes. Effective immediately.
Bill Text
What changed in the latest version
12 added · 12 removedPlain-language change summary
In the latest version of SB 1282, some lines of the bill were added while others were removed. This change indicates that the bill has undergone revisions, likely to clarify language or adjust certain provisions. Such adjustments are important as they can impact how the bill will be implemented, ensuring it meets the intended goals more effectively. Overall, these changes reflect the ongoing process of refining legislation to better serve the public or address specific concerns.
SB1282 EngrossedEnrolled LRB096 08404 KTG 18516 b AN ACT concerning business.
The Legislature hereby finds and declares that for purposes of ensuring the preservation and enhancement of interbrand competition in the alcoholic liquor industry within the State, ensuring that importation and distribution of alcoholic liquor in the State will be subject to thorough and inexpensive monitoring by the State, reducing the importation of illicit or untaxed alcoholic liquor into the State, excluding misbranded alcoholic liquor products from the State, providing incentives to distributors to service and sell to larger numbers of retail licensees in the geographic area where such distributors are engaged in business, and reducing the amount of spoiled and overaged alcoholic liquor products sold to consumers, it is necessary to restrict the purchase of alcoholic liquors at wholesale in the State to those persons selected by the manufacturer, distributor, importing distributor or foreign SB1282 EngrossedEnrolled - 2 - LRB096 08404 KTG 18516 b importer who owns or controls the trade mark, brand or name of the alcoholic liquor products sold to such persons, and to restrict the geographic area or areas within which such persons sell such alcoholic liquor at wholesale, as provided in this Section.
However, if a person who has been appointed the right to sell alcoholic liquor at wholesale does not receive a copy of the registration statement as required under this Section, such person may file a registration statement with the State SB1282 EngrossedEnrolled - 3 - LRB096 08404 KTG 18516 b Commission, provided that the person furnishes a copy of that registration statement to the manufacturer, non-resident dealer, distributor, importing distributor, or foreign importer within 30 days of filing the registration statement.
A non-resident dealer or foreign importer who is not a manufacturer shall file the registration statement jointly SB1282 EngrossedEnrolled - 4 - LRB096 08404 KTG 18516 b with the manufacturer identifying the person authorized by the manufacturer to sign the registration statement on behalf of the manufacturer.
(2) Thereafter, he notifies the State Commission in writing of any brands of the same manufacturer which he wishes to purchase from the same distributor that were not available for distribution on or before November 8, 1979, and that the Commission within 30 days of such notification SB1282 EngrossedEnrolled - 5 - LRB096 08404 KTG 18516 b verifies that the brand is a new brand of the same manufacturer, and that the same licensed Illinois distributor has the right to sell the new brand at wholesale;
Any licensed Illinois distributor who has not been granted the right to sell any alcoholic liquor at wholesale and is purchasing alcoholic liquor from a person who has been granted the right to sell at wholesale may sell and deliver only to retail licensees whose SB1282 EngrossedEnrolled - 6 - LRB096 08404 KTG 18516 b licensed premises are within the same geographical area as the person who has been granted the right to sell at wholesale.
The fair market value of the wholesaler's business shall include, SB1282 EngrossedEnrolled - 7 - LRB096 08404 KTG 18516 b but not be limited to, its goodwill, if any.
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 SB1282 EngrossedEnrolled - 8 - LRB096 08404 KTG 18516 b binding arbitration.
SB1282 EngrossedEnrolled - 9 - LRB096 08404 KTG 18516 b (i) The wholesaler may accept, in writing, any written offer previously made by the brewer.
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 SB1282 EngrossedEnrolled - 10 - LRB096 08404 KTG 18516 b 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 SB1282 EngrossedEnrolled - 11 - LRB096 08404 KTG 18516 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.
SB1282 EngrossedEnrolled - 12 - LRB096 08404 KTG 18516 b (Source:
Action History
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Public Act . . . . . . . . . 96-0482
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Effective Date August 14, 2009
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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 116-000-000
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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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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Executive Committee; 011-000-000
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Committee/Final Action Deadline Extended-9(b) May 22, 2009
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Assigned to Executive Committee
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Added Alternate Chief Co-Sponsor Rep. Jay C. Hoffman
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Alternate Chief Sponsor Changed to Rep. Lou Lang
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Jay C. Hoffman
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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; 058-000-000
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Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 2 Adopted; Link
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Recalled to Second Reading
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Added as Co-Sponsor Sen. M. Maggie Crotty
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Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 010-000-000
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Added as Chief Co-Sponsor Sen. Dale A. Righter
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Senate Floor Amendment No. 2 Assignments Refers to Executive
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Placed on Calendar Order of 3rd Reading March 25, 2009
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Second Reading
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Senate Floor Amendment No. 2 Referred to Assignments
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. Terry Link
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Placed on Calendar Order of 2nd Reading March 17, 2009
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Do Pass as Amended Executive; 011-000-000
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Senate Committee Amendment No. 1 Adopted
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Postponed - Executive
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Senate Committee Amendment No. 1 Postponed - Executive
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Senate Committee Amendment No. 1 Assignments Refers to Executive
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link
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Added as Co-Sponsor Sen. A. J. Wilhelmi
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Postponed - Executive
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Added as Co-Sponsor Sen. David Koehler
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Sponsor Removed Sen. Dale A. Righter
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Added as Chief Co-Sponsor Sen. James F. Clayborne, Jr.
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Added as Chief Co-Sponsor Sen. Antonio Muñoz
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Added as Co-Sponsor Sen. Dale A. Righter
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Assigned to Executive
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Added as Chief Co-Sponsor Sen. Iris Y. Martinez
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Terry Link
Sponsors
- Terry Link · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Terry Link
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 | 102 | 0 | 0 | 1 |
| Democrat | 11 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 1 |
| Total | 116 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Hatcher | — | Yea |
| Myers | — | Yea |
| Lang | — | Yea |
| May | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Senger | — | Yea |
| Davis, Monique | — | Yea |
| Reitz | — | Yea |
| Lyons | — | Yea |
| Bradley | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Farnham | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Jefferson | — | Yea |
| Kosel | — | Yea |
| McGuire | — | Yea |
| Mell | — | Yea |
| Brady | — | Yea |
| Mendoza | — | Yea |
| Moffitt | — | Yea |
| Mulligan | — | Yea |
| Nekritz | — | Yea |
| Sullivan | — | Yea |
| Osmond | — | Yea |
| Burke | — | Yea |
| Mitchell, Bill | — | Yea |
| Phelps | — | Yea |
| Pihos | — | Yea |
| Mitchell, Jerry | — | Yea |
| Gordon, Careen | — | Yea |
| Sommer | — | Yea |
| Gordon, Jehan | — | Yea |
| Soto | — | Yea |
| Thapedi | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Watson | — | Yea |
| Hernandez | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Howard | — | Yea |
| Cavaletto | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Graham | — | Yea |
| Hamos | — | Yea |
| Holbrook | — | Yea |
| Jackson | — | Yea |
| Jakobsson | — | Yea |
| Osterman | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Washington | — | Yea |
| Zalewski | — | Yea |
| Leitch | — | Yea |
| Madigan | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Mathias | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Mautino | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| Bost | — | Not Voting |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Burns | — | Yea |
| Colvin | — | Yea |
| Connelly | — | Yea |
| McAsey | — | Yea |
| Coulson | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | 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 | Not Voting |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 48 | 0 | 0 | 1 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| McCarter | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Schoenberg | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Demuzio | — | Yea |
| Jacobs | — | Yea |
| Munoz | — | Yea |
| Jones, J. | — | Yea |
| Brady | — | Yea |
| Sullivan | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Hutchinson | — | Yea |
| Kotowski | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Cullerton | — | Yea |
| Noland | — | Yea |
| Radogno | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Hultgren | — | Yea |
| Pankau | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Not Voting |
| Sandoval | — | Yea |
| Lauzen | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | 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 |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 1282 do?
- Amends the Liquor Control Act of 1934. Contains language concerning registration requirements for non-resident dealers and foreign importers of alcoholic liquors who are not manufacturers. Amends the Beer Industry Fair Dealing Act. Provides that provisions concerning reasonable compensation and arbitration apply only if the brewer agrees to pay reasonable compensation as defined under the Act and the total annual volume of all beer products supplied by a brewer to a wholesaler pursuant to agreements between such brewer and wholesaler represents 10% (rather than 20%) or less of the total annual volume of the wholesaler's business for all beer products supplied by all brewers, provided that such 10% volume of all beer products supplied by the wholesaler to the retailer does not exceed 10% of annual gross receipts. Makes other changes. Effective immediately.
- Who sponsors SB 1282?
- SB 1282 is sponsored by Terry Link.
- What is the current status of SB 1282?
- This bill has been enacted into law. Introduced February 10, 2009. Enacted.
- Where can I track SB 1282?
- Track SB 1282 free on One Click Politics — get push/email alerts when it moves.
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