90th General Assembly
Status of HB2700
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HOFFMAN-CAPPARELLI-SAVIANO-KENNER-MAUTINO, MCAULIFFE, 
   BRUNSVOLD, PARKE, LANG, BLACK, O'BRIEN, LYONS,JOSEPH, 
   PERSICO, HASSERT, ACKERMAN, FEIGENHOLTZ, DURKIN, NOVAK, 
   TURNER,ART, FANTIN, DAVIS,STEVE, HOLBROOK, MOFFITT, BROWN, 
   BERGMAN, BURKE, TENHOUSE, MOORE,EUGENE, BOLAND, 
   ZICKUS, JONES,LOU AND REITZ.

(DILLARD-JACOBS-BOWLES-WALSH,L-WALSH,T)

   235 ILCS 5/1-3.28         from Ch. 43, par. 95.28                           

        Amends the Liquor Control Act of 1934 to expand the definition of      
   "broker" to include a  person, corporation,  or  other combination  of      
   individuals  that  solicits  orders  or  membership  to  an  alcoholic      
   beverage  club  or  an  alcoholic  liquors club to promote the sale of      
   alcoholic liquors to consumers  and  businesses  for  any  wholesaler,      
   retailer,  or other individual who ships alcoholic liquors by means of      
   a common carrier.  Effective immediately.                                   
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          235 ILCS 5/1-3.28               from Ch. 43, par. 95.28              
          235 ILCS 5/2-1                  from Ch. 43, par. 96                 
          235 ILCS 5/3-12                 from Ch. 43, par. 108                
          235 ILCS 5/5-1                  from Ch. 43, par. 115                
          235 ILCS 5/6-16                 from Ch. 43, par. 131                
          235 ILCS 5/6-17.2 new                                                
          235 ILCS 5/6-29.1 new                                                
          235 ILCS 5/10-1                 from Ch. 43, par. 183                
        Replaces everything.  Amends the  Liquor  Control  Act  of  1934.      
   Provides that the term "broker" includes a person, other than a retail      
   licensee,  who  promotes,  solicits,  or  accepts orders for alcoholic      
   liquor for use or consumption to be delivered  to  residents  of  this      
   State  by  an  express  company,  common carrier, or contract carrier.      
   Provides that the State Commission shall have  the  power  to  receive      
   applications  and  issue  licenses  to  brokers  and wine maker retail      
   licensees and to investigate shipments of alcoholic liquor  into  this      
   State  from  outside    this  State  and to issue a cease-and-desist        
   notice in the event of a  violation  of  the  Act.  Provides  that  no      
   carrier that transports alcoholic liquor into this State shall deliver      
   alcoholic  liquor  to  any  person  under  21  years  of age or to any      
   intoxicated person.  Provides that a carrier that transports alcoholic      
   liquor into this State for delivery  in  this  State  shall  obtain  a      
   signature  acknowledging  receipt  of the alcoholic liquor by a person      
   who is at least 21 years of age.  Provides that  any  retail  licensee      
   who  knowingly  ships alcoholic liquor into another state in violation      
   of that state's laws shall have its license suspended for 7 days for a      
   first violation and shall have its license revoked by  the  Commission      
   for  a  second  violation.  Provides that a person who ships alcoholic      
   liquor into this State from a point outside  this State to a  person        
   who  does not hold a manufacturer, distributor, importing distributor,      
   or nonresident dealer license, unless authorized by law, violates  the      
   Act.   Provides  that  a   violation is a business offense with a           
   fine of not more than $1,000 for a first offense, $5,000 for a  second      
   offense,  and  $10,000  for  a third or subsequent offense.  Effective      
   immediately.                                                                
          FISCAL NOTE, H-AM 1 (Liquor Control Commission)                      
          Total expenditures for the first year would equal $175,010 but       
          would decline in the second year to $135,000 but this would          
          still have a negative impact on the Dram Shop Fund from $80,000      
          to $110,000 per year.                                                
          HOME RULE NOTE, AMENDED                                              
          Contains no language preempting home rule.                           
          STATE MANDATES ACT FISCAL NOTE, AMENDED                              
          Fails to create a State mandate.                                     
        SENATE AMENDMENT NO. 2.                                                
          Adds reference to:                                                   
          235 ILCS 5/8-12                 from Ch. 43, par. 164 3/4            
          235 ILCS 5/5-3                  from Ch. 43, par. 118                
          235 ILCS 5/10-7.1               from Ch. 43, par. 189.1              
        Deletes everything.  Amends  the  Liquor  Control  Act  of  1934.      
   Provides  that  the  term "broker" includes a person who, for a fee or      
   commission, promotes, solicits, or accepts orders for alcoholic liquor      
   for use or consumption to be shipped from this State and delivered  to      
   residents  out of this State by an express company, common carrier, or      
   contract carrier.  Provides that the State Commission shall  have  the      
   power  to  receive applications and issue licenses to brokers and wine      
   maker retail licensees  and  to  investigate  shipments  of  alcoholic      
   liquor into this State from outside this State and to issue a cease--       
   and-desist notice in the event of a violation of the Act. Provides          
   that no carrier that transports alcoholic liquor into this State shall      
   knowingly deliver alcoholic liquor to any person under 21 years of          
   age. Provides that a carrier that transports alcoholic liquor into          
   this State for delivery in this State shall obtain a signature acknow-      
   ledging receipt of the alcoholic liquor by a person who is at least 21      
   years of age. Provides that any retail licensee who knowingly ships         
   alcoholic liquor into another state in violation of that state's laws       
   shall have its license suspended for 7 days for a first violation and       
   shall have its license revoked by the Commission for a second viola-        
   tion. Provides that a person who ships alcoholic liquor into this           
   State from a point outside this State to a person who does not hold a       
   manufacturer, distributor, importing distributor, or nonresident            
   dealer license, unless authorized by law, violates the Act. Provides        
   that a violation is a business offense with a fine of not more than         
   $1,000 for a first offense, $5,000 for a second offense and $10,000         
   for a third or subsequent offense. Provides that the Department of          
   Revenue may establish procedures for electronic transmission of             
   certain information concerning delivery of alcoholic liquor directly        
   to the Department. Requires the Commission to report to the Governor        
   and the General Assembly by April 30, 1999 concerning the impact of         
   the provisions of this amendatory Act of 1998 on the business of            
   soliciting, selling, and shipping alcoholic liquor from outside this        
   State to residents of this State. Adds an immediate effective date.         
   98-02-03  H  FILED WITH CLERK                                               
   98-02-03  H  FIRST READING                                                  
   98-02-03  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   98-02-24  H  PRIMARY SPONSOR CHANGED TO               HOFFMAN               
   98-02-24  H  ADDED AS A JOINT SPONSOR                 SAVIANO               
   98-02-24  H  ADDED AS A CO-SPONSOR                    KENNER                
   98-02-25  H       ASSIGNED TO COMMITTEE               REG & REG             
   98-03-18  H  ADDED AS A CO-SPONSOR                    BRUNSVOLD             
   98-03-19  H  JOINT-SPONSOR CHANGED TO                 CAPPARELLI            
   98-03-19  H  ADDED AS A CO-SPONSOR                    WOJCIK                
   98-03-19  H  ADDED AS A CO-SPONSOR                    MAUTINO               
   98-03-19  H  ADDED AS A CO-SPONSOR                    MCAULIFFE             
   98-03-19  H  ADDED AS A CO-SPONSOR                    KENNER                
   98-03-19  H  ADDED AS A CO-SPONSOR                    BRUNSVOLD             
   98-03-19  H  ADDED AS A CO-SPONSOR                    PARKE                 
   98-03-19  H  ADDED AS A CO-SPONSOR                    LANG                  
   98-03-19  H  ADDED AS A CO-SPONSOR                    BLACK                 
   98-03-19  H  ADDED AS A CO-SPONSOR                    O'BRIEN               
   98-03-19  H  ADDED AS A CO-SPONSOR                    LYONS,JOSEPH          
   98-03-19  H  ADDED AS A CO-SPONSOR                    FRITCHEY              
   98-03-19  H  ADDED AS A CO-SPONSOR                    PERSICO               
   98-03-19  H  ADDED AS A CO-SPONSOR                    HASSERT               
   98-03-19  H  ADDED AS A CO-SPONSOR                    ACKERMAN              
   98-03-19  H  ADDED AS A CO-SPONSOR                    FEIGENHOLTZ           
   98-03-19  H  ADDED AS A CO-SPONSOR                    DURKIN                
   98-03-19  H  ADDED AS A CO-SPONSOR                    NOVAK                 
   98-03-19  H  ADDED AS A CO-SPONSOR                    WAIT                  
   98-03-19  H  ADDED AS A CO-SPONSOR                    TURNER,ART            
   98-03-19  H  ADDED AS A CO-SPONSOR                    FANTIN                
   98-03-19  H  ADDED AS A CO-SPONSOR                    DAVIS,STEVE           
   98-03-19  H  ADDED AS A CO-SPONSOR                    HOLBROOK              
   98-03-19  H  ADDED AS A CO-SPONSOR                    MOFFITT               
   98-03-19  H  ADDED AS A CO-SPONSOR                    BROWN                 
   98-03-19  H  ADDED AS A CO-SPONSOR                    MEYER                 
   98-03-19  H  ADDED AS A CO-SPONSOR                    BERGMAN               
   98-03-19  H  ADDED AS A CO-SPONSOR                    BURKE                 
   98-03-19  H  ADDED AS A CO-SPONSOR                    TENHOUSE              
   98-03-19  H  ADDED AS A CO-SPONSOR                    MOORE,EUGENE          
   98-03-19  H  ADDED AS A CO-SPONSOR                    BOLAND                
   98-03-19  H  ADDED AS A CO-SPONSOR                    BUGIELSKI             
   98-03-19  H  ADDED AS A CO-SPONSOR                    ZICKUS                
   98-03-19  H  ADDED AS A CO-SPONSOR                    JONES,LOU             
   98-03-20  H                             AMENDMENT NO. 01-REGIS REGULAT H    
   98-03-20  H                                   ADOPTED                       
   98-03-20  H  DO PASS AS AMENDED/STANDARD DEBATE       021-001-000   HREG    
   98-03-20  H  PLACED CAL 2ND READING-STANDARD DEBATE                         
   98-03-20  H  ADDED AS A CO-SPONSOR                    WOJCIK                
   98-03-23  H                     FISCAL NOTE REQUESTED BLACK                 
   98-03-23  H  SECOND READING-STANDARD DEBATE                                 
   98-03-23  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   98-03-23  H  ADDED AS A CO-SPONSOR                    REITZ                 
   98-03-24  H  FISCAL NOTE FILED AS AMENDED                                   
   98-03-24  H  PLCD CAL ORDER 3RD READING-STNDRD DEBATE                       
   98-03-25  H  HOME RULE NOTE FILED AS AMENDED                                
   98-03-25  H  STATE MNDT FISCAL NOTE FILED AS AMENDED                        
   98-03-25  H  THIRD READING/STANDARD DEBATE/PASS       114-000-000           
   98-03-26  S  ARRIVE IN SENATE                                               
   98-03-26  S  PLACED CALENDAR ORDER OF FIRST READING                         
   98-03-26  S  CHIEF SPONSOR                            DILLARD               
   98-03-26  S  FIRST READING                                                  
   98-03-26  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   98-03-26  S  ADDED AS A CHIEF CO-SPONSOR              JACOBS                
   98-03-26  S  ADDED AS A CHIEF CO-SPONSOR              BOWLES                
   98-04-01  S  ADDED AS A CHIEF CO-SPONSOR              WALSH,L               
   98-04-03  S  ADDED AS A CHIEF CO-SPONSOR              WALSH,T               
   98-04-22  S       ASSIGNED TO COMMITTEE               EXECUTIVE             
   98-04-28  S                             AMENDMENT NO. 01-EXECUTIVE     S    
   98-04-28  S                                    TABLED                       
   98-04-28  S       DO PASS                             013-000-000   SEXC    
   98-04-28  S  PLACED ON CALENDAR ORDER OF 2ND READING  98-04-29              
   98-05-13  S  FILED WITH SECRETARY                                           
   98-05-13  S                             AMENDMENT NO. 02-DILLARD            
   98-05-13  S                     AMENDMENT REFERRED TO SRUL                  
   98-05-13  S                             AMENDMENT NO. 02-DILLARD            
   98-05-13  S                           RULES REFERS TO SEXC                  
   98-05-13  S  SECOND READING                                                 
   98-05-13  S  PLACED ON CALENDAR ORDER OF 3RD READING  98-05-14              
   98-05-14  S                             AMENDMENT NO. 02-DILLARD            
   98-05-14  S                                BE ADOPTED SEXC/011-000-000      
   98-05-14  S  ADDED AS A CO-SPONSOR                    RADOGNO               
   98-05-14  S  RECALLED TO SECOND READING                                     
   98-05-14  S                             AMENDMENT NO. 02-DILLARD            
   98-05-14  S                                   ADOPTED                       
   98-05-14  S  PLACED ON CALENDAR ORDER OF 3RD READING                        
   98-05-14  S  THIRD READING - PASSED                   057-000-000           
   98-05-15  H  ARRIVE IN HOUSE                                                
   98-05-15  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  02                    
   98-05-15  H  MOTION FILED CONCUR                      02/HOFFMAN            
   98-05-15  H                        MOTION REFERRED TO HRUL                  
   98-05-15  H  CALENDAR ORDER OF CONCURRENCE            02                    
   98-05-18  H                        MOTION REFERRED TO HREG/02               
   98-05-18  H  CALENDAR ORDER OF CONCURRENCE            02                    
   98-05-19  H  APPROVED FOR CONSIDERATION - COMPLIANCE  02/014-000-000        
   98-05-19  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      02/116-000-000        
   98-05-19  H  PASSED BOTH HOUSES                                             
   98-06-17  H  SENT TO THE GOVERNOR                                           
   98-08-13  H  GOVERNOR APPROVED                                              
   98-08-13  H                            EFFECTIVE DATE 98-08-13              
   98-08-13  H  PUBLIC ACT.............................. 90-0739               

   END OF INQUIRY 



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