Illinois 96th Regular Session Status: Enacted

SB 1282 — BIFDA-REASONABLE COMPENSATION

Last action — Public Act . . . . . . . . . 96-0482

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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 10, 2009. 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 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 removed

Plain-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.

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SB1282 Engrossed LRB096 08404 KTG 18516 b AN ACT concerning business.
SB1282 Enrolled 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 Engrossed - 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.
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 Enrolled - 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 Engrossed - 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.
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 Enrolled - 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 Engrossed - 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.
A non-resident dealer or foreign importer who is not a manufacturer shall file the registration statement jointly SB1282 Enrolled - 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 Engrossed - 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;
(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 Enrolled - 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 Engrossed - 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.
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 Enrolled - 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 Engrossed - 7 - LRB096 08404 KTG 18516 b but not be limited to, its goodwill, if any.
The fair market value of the wholesaler's business shall include, SB1282 Enrolled - 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 Engrossed - 8 - LRB096 08404 KTG 18516 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 SB1282 Enrolled - 8 - LRB096 08404 KTG 18516 b binding arbitration.
SB1282 Engrossed - 9 - LRB096 08404 KTG 18516 b (i) The wholesaler may accept, in writing, any written offer previously made by the brewer.
SB1282 Enrolled - 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 Engrossed - 10 - LRB096 08404 KTG 18516 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 SB1282 Enrolled - 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 Engrossed - 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.
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 Enrolled - 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 Engrossed - 12 - LRB096 08404 KTG 18516 b (Source:
SB1282 Enrolled - 12 - LRB096 08404 KTG 18516 b (Source:
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 96-0482

  2. Effective Date August 14, 2009

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 116-000-000

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

  8. Second Reading - Short Debate

  9. Placed on Calendar 2nd Reading - Short Debate

  10. Do Pass / Short Debate Executive Committee; 011-000-000

  11. Committee/Final Action Deadline Extended-9(b) May 22, 2009

  12. Assigned to Executive Committee

  13. Added Alternate Chief Co-Sponsor Rep. Jay C. Hoffman

  14. Alternate Chief Sponsor Changed to Rep. Lou Lang

  15. Referred to Rules Committee

  16. First Reading

  17. Chief House Sponsor Rep. Jay C. Hoffman

  18. Placed on Calendar Order of First Reading

  19. Arrived in House

  20. Third Reading - Passed; 058-000-000

  21. Placed on Calendar Order of 3rd Reading

  22. Senate Floor Amendment No. 2 Adopted; Link

  23. Recalled to Second Reading

  24. Added as Co-Sponsor Sen. M. Maggie Crotty

  25. Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 010-000-000

  26. Added as Chief Co-Sponsor Sen. Dale A. Righter

  27. Senate Floor Amendment No. 2 Assignments Refers to Executive

  28. Placed on Calendar Order of 3rd Reading March 25, 2009

  29. Second Reading

  30. Senate Floor Amendment No. 2 Referred to Assignments

  31. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Terry Link

  32. Placed on Calendar Order of 2nd Reading March 17, 2009

  33. Do Pass as Amended Executive; 011-000-000

  34. Senate Committee Amendment No. 1 Adopted

  35. Postponed - Executive

  36. Senate Committee Amendment No. 1 Postponed - Executive

  37. Senate Committee Amendment No. 1 Assignments Refers to Executive

  38. Senate Committee Amendment No. 1 Referred to Assignments

  39. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link

  40. Added as Co-Sponsor Sen. A. J. Wilhelmi

  41. Postponed - Executive

  42. Added as Co-Sponsor Sen. David Koehler

  43. Sponsor Removed Sen. Dale A. Righter

  44. Added as Chief Co-Sponsor Sen. James F. Clayborne, Jr.

  45. Added as Chief Co-Sponsor Sen. Antonio Muñoz

  46. Added as Co-Sponsor Sen. Dale A. Righter

  47. Assigned to Executive

  48. Added as Chief Co-Sponsor Sen. Iris Y. Martinez

  49. Referred to Assignments

  50. First Reading

  51. Filed with Secretary by Sen. Terry Link

Sponsors

  • Terry Link · Cosponsor

Sponsorship breakdown

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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.

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

Third Reading

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 102001
Democrat 11000
Republican 3001
Total 116002
% 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

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 9000
Republican 1000
Total 58001
% 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

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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?
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