Illinois General Assembly - Bill Status for HB0773
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 Bill Status of HB0773  102nd General Assembly


Short Description:  BIFDA-PROHIBITED CONDUCT

House Sponsors
Rep. Lou Lang - Edward J. Acevedo - Timothy L. Schmitz - Jay C. Hoffman - Greg Harris, Mike Boland, Joseph M. Lyons, Marlow H. Colvin, Patrick J. Verschoore, David R. Leitch, Mike Bost, Frank J. Mautino, Rich Brauer, Franco Coladipietro, John A. Fritchey, Mary E. Flowers, Robert W. Pritchard, Michael G. Connelly, Robert F. Flider, Michael P. McAuliffe, Maria Antonia Berrios, Karen A. Yarbrough, Elizabeth Hernandez, Michael W. Tryon, Linda Chapa LaVia, Bill Mitchell and Patricia R. Bellock

Senate Sponsors
(Sen. Terry Link - Antonio Muñoz - Dale A. Righter and Ira I. Silverstein)

Last Action
DateChamber Action
  8/25/2009HousePublic Act . . . . . . . . . 96-0662

Statutes Amended In Order of Appearance
815 ILCS 720/1.1from Ch. 43, par. 301.1
815 ILCS 720/5from Ch. 43, par. 305


Synopsis As Introduced
Amends the Beer Industry Fair Dealing Act. Expands the list of prohibited conduct under the Act, as it applies to brewers, to include coercing a wholesaler to sign an agreement by threatening to refuse approval for the wholesaler's business; terminating an agreement because the wholesaler fails to agree to a renewal agreement; and presenting an agreement to the wholesaler that grants the brewer the unilateral right to amend the agreement without the wholesaler's consent. Provides that an agreement between a brewer and wholesaler must state and provide that the agreement is governed by the Beer Industry Fair Dealing Act and other matters. Changes the definition of the term "territory" or "sales territory" to mean the exclusive geographic area (rather than the geographical area) of primary sales responsibility designated by the agreement between a wholesaler and brewer for any brand, brands, or brand extensions (rather than brand or brands) of the brewer. Further adds that the "territory" or "sales territory" designated by the agreement may not be designated by address or specific location unless such specific address or location is part of a general and broad territory or sales territory description. Effective immediately.

House Committee Amendment No. 1
Requires an executed Illinois addendum to a wholesaler-brewer agreement to provide, in addition to other specified language, that any provision of the agreement requiring or attempting to require the wholesaler to waive compliance is void, unenforceable, and without legal effect and the applicable provisions of the Beer Industry Fair Dealing Act shall govern and control.

House Floor Amendment No. 2
Adds reference to:
815 ILCS 720/2from Ch. 43, par. 302

Deletes everything after the enacting clause and reinserts similar provisions with these changes and additions: provides that any provision of the Act supersedes any conflicting provision of agreements between brewers and wholesalers; provides that a wholesaler entering into an agreement containing provisions in conflict with the Act shall not be deemed to waive compliance with any provision of the Act; and makes various changes concerning prohibitions imposed upon brewers. Makes other changes. Effective immediately.

Senate Floor Amendment No. 1
Provides that no brewer shall coerce or attempt to coerce a transferring wholesaler (rather than wholesaler) to sign a renewal, replacement, or amendment to an agreement by threatening to refuse to approve or delay issuing an approval for the sale or transfer (rather than sale) of a wholesaler's business. Requires the wholesaler-brewer agreement to provide in substance (rather than state and provide) that the agreement is governed by all applicable provisions of State law, and that such State law is incorporated into the agreement, shall be deemed to be a part thereof, and shall supercede any provision of the agreement in conflict with such State law. Eliminates language requiring the agreement to state and provide that applicable provisions of State law shall govern and control.

Actions 
DateChamber Action
  2/6/2009HouseFiled with the Clerk by Rep. Lou Lang
  2/9/2009HouseFirst Reading
  2/9/2009HouseReferred to Rules Committee
  2/10/2009HouseAdded Co-Sponsor Rep. Mike Boland
  2/10/2009HouseAdded Chief Co-Sponsor Rep. Timothy L. Schmitz
  2/10/2009HouseAdded Chief Co-Sponsor Rep. Jay C. Hoffman
  2/10/2009HouseAdded Chief Co-Sponsor Rep. Greg Harris
  2/10/2009HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  2/10/2009HouseAdded Chief Co-Sponsor Rep. Edward J. Acevedo
  2/10/2009HouseChief Co-Sponsor Changed to Rep. Edward J. Acevedo
  2/10/2009HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  2/10/2009HouseAdded Co-Sponsor Rep. Patrick J. Verschoore
  2/11/2009HouseAssigned to Judiciary I - Civil Law Committee
  2/11/2009HouseAdded Co-Sponsor Rep. David R. Leitch
  2/11/2009HouseAdded Co-Sponsor Rep. Mike Bost
  2/11/2009HouseAdded Co-Sponsor Rep. Frank J. Mautino
  2/11/2009HouseAdded Co-Sponsor Rep. Rich Brauer
  2/11/2009HouseAdded Co-Sponsor Rep. Franco Coladipietro
  2/17/2009HouseAdded Co-Sponsor Rep. John A. Fritchey
  2/17/2009HouseAdded Co-Sponsor Rep. Mary E. Flowers
  2/18/2009HouseAdded Co-Sponsor Rep. Robert W. Pritchard
  2/18/2009HouseAdded Co-Sponsor Rep. Michael G. Connelly
  2/19/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/19/2009HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/19/2009HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 015-001-000
  2/19/2009HousePlaced on Calendar 2nd Reading - Short Debate
  2/19/2009HouseAdded Co-Sponsor Rep. Robert F. Flider
  2/20/2009HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  2/26/2009HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  3/3/2009HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  3/4/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Lou Lang
  3/4/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/5/2009HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/5/2009HouseAdded Co-Sponsor Rep. Michael W. Tryon
  3/5/2009HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/5/2009HouseAdded Co-Sponsor Rep. Bill Mitchell
  3/10/2009HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  3/11/2009HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 017-000-000
  3/17/2009HouseSecond Reading - Short Debate
  3/17/2009HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/17/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/17/2009HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  3/18/2009HouseThird Reading - Short Debate - Passed 115-000-000
  3/19/2009SenateArrive in Senate
  3/19/2009SenatePlaced on Calendar Order of First Reading
  3/19/2009SenateChief Senate Sponsor Sen. Terry Link
  3/19/2009SenateFirst Reading
  3/19/2009SenateReferred to Assignments
  3/19/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Antonio Muñoz
  3/24/2009SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  3/25/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Dale A. Righter
  4/22/2009SenateAssigned to Executive
  4/30/2009SenatePostponed - Executive
  5/7/2009SenateDo Pass Executive; 010-000-000
  5/7/2009SenatePlaced on Calendar Order of 2nd Reading May 12, 2009
  5/14/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Terry Link
  5/14/2009SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/14/2009SenateSecond Reading
  5/14/2009SenatePlaced on Calendar Order of 3rd Reading May 15, 2009
  5/17/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Executive
  5/18/2009SenateSenate Floor Amendment No. 1 Recommend Do Adopt Executive; 010-000-000
  5/19/2009SenateRecalled to Second Reading
  5/19/2009SenateSenate Floor Amendment No. 1 Adopted; Link
  5/19/2009SenatePlaced on Calendar Order of 3rd Reading
  5/19/2009SenateThird Reading - Passed; 058-000-000
  5/20/2009HouseArrived in House
  5/20/2009HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/22/2009HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Lou Lang
  5/22/2009HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/27/2009HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
  5/28/2009HouseSenate Floor Amendment No. 1 House Concurs 117-000-000
  5/28/2009HousePassed Both Houses
  6/26/2009HouseSent to the Governor
  8/25/2009HouseGovernor Approved
  8/25/2009HouseEffective Date August 25, 2009
  8/25/2009HousePublic Act . . . . . . . . . 96-0662

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