Full Text of SR0645 93rd General Assembly
SR0645enr 93RD GENERAL ASSEMBLY
|
|
|
SR0645 Enrolled |
|
LRB093 22654 LRD 52280 r |
|
| 1 |
| SENATE RESOLUTION
| 2 |
| WHEREAS, On October 18, 1919, Congress passed the National | 3 |
| Prohibition Act, also known as the Volstead Act, after 46 | 4 |
| states ratified the 18th Amendment, and the "Noble Experiment" | 5 |
| began; and
| 6 |
| WHEREAS, On February 14, 1933, Senator Blaine of Wisconsin | 7 |
| introduced a resolution to repeal the 18th Amendment and return | 8 |
| to the states the right to regulate alcoholic beverages within | 9 |
| their borders, which was approved by the Senate on February 16, | 10 |
| 1933; the House concurred on February 20, 1933 and sent the | 11 |
| amendment on to the states for ratification; it required the | 12 |
| approval of 36 states; and
| 13 |
| WHEREAS, On July 10, 1933, Illinois ratified the 21st | 14 |
| Amendment to the United States Constitution; and
| 15 |
| WHEREAS, On December 5, 1933, Congress officially adopted | 16 |
| the 21st Amendment to the Constitution, ending the nation's | 17 |
| 13-year prohibition against the manufacture, distribution, and | 18 |
| sale of alcoholic beverages; and
| 19 |
| WHEREAS, For over 70 years, the 21st Amendment to the | 20 |
| United States Constitution has given states the sovereign power | 21 |
| to regulate alcoholic beverages within their borders by | 22 |
| stating: "The transportation or importation into any State, | 23 |
| Territory, or possession of the United States for delivery or | 24 |
| use therein of intoxicating liquors, in violation of the laws | 25 |
| thereof, is hereby prohibited."; and
| 26 |
| WHEREAS, 12 suits have been initiated, primarily by wine | 27 |
| 'connoisseurs', arguing that these state laws violate the | 28 |
| Commerce Clause of the U.S. Constitution because they give | 29 |
| in-state wineries special privileges such as selling directly | 30 |
| to consumers; several Circuit Courts of Appeal have agreed with |
|
|
|
SR0645 Enrolled |
- 2 - |
LRB093 22654 LRD 52280 r |
|
| 1 |
| the plaintiffs and have ruled some state laws unconstitutional; | 2 |
| the Second Circuit Court of Appeals and the Seventh Circuit | 3 |
| Court of Appeals, which includes Illinois, held that states | 4 |
| have the right to regulate alcoholic beverages within their | 5 |
| borders, which includes the right to regulate interstate direct | 6 |
| shipments of alcoholic beverages; and
| 7 |
| WHEREAS, At risk is not only the permissibility of | 8 |
| out-of-state wineries to ship directly to consumers but the | 9 |
| ability of states to regulate all alcoholic beverages within | 10 |
| their borders, which would lead to loss of liquor and sales | 11 |
| taxes as well as the possibility of alcoholic beverages being | 12 |
| sent to underage individuals; and
| 13 |
| WHEREAS, The U.S. Supreme Court has agreed to hear this | 14 |
| issue by consolidating 2 separate opposing Circuit Court of | 15 |
| Appeals decisions, Heald v. Michigan Liquor Control | 16 |
| Commission, 342 F.3d 517 (Nov. 4, 2003) and Swedenburg v. New | 17 |
| York State Liquor Authority, 358 F.3d 223 (April 12, 2004); and
| 18 |
| WHEREAS, Illinois Attorney General Lisa Madigan joined 35 | 19 |
| other state Attorneys General supporting the states' rights to | 20 |
| control and regulate direct shipment of
alcoholic beverages | 21 |
| into the separate states; Attorney General Madigan concurs that | 22 |
| Illinois should have the right to regulate alcoholic beverages | 23 |
| and will file an amicus curie brief with the Supreme Court; | 24 |
| therefore, be it
| 25 |
| RESOLVED, BY THE SENATE OF THE NINETY-THIRD GENERAL | 26 |
| ASSEMBLY OF THE STATE OF ILLINOIS, that there is created a | 27 |
| Senate Task Force on Illinois Alcoholic Beverage Laws for the | 28 |
| purpose of examining whether Illinois laws regulating the | 29 |
| importation of alcoholic beverages may be in jeopardy of being | 30 |
| held invalid due to preferential treatment granted toward | 31 |
| Illinois wine makers; and be it further
|
|
|
|
SR0645 Enrolled |
- 3 - |
LRB093 22654 LRD 52280 r |
|
| 1 |
| RESOLVED, That the Senate Task Force on Illinois Alcoholic | 2 |
| Beverage Laws shall consist of the following members: | 3 |
| (1) The chairperson of the Illinois Senate Executive
| 4 |
| Committee, who shall be the chairperson of the Senate Task | 5 |
| Force on Illinois Alcoholic Beverage Laws; | 6 |
| (2) 4 members of the General Assembly, 2 of whom shall | 7 |
| be appointed by the President of the Senate and 2 of whom | 8 |
| shall be appointed by the Minority Leader of the Senate; | 9 |
| (3) One member of the Illinois Liquor Control | 10 |
| Commission to be appointed by the Chairman of the Illinois | 11 |
| Liquor Control Commission, who shall serve as an advisory | 12 |
| member; and be it further | 13 |
| RESOLVED, That the public members shall serve on a | 14 |
| voluntary basis and shall be responsible for any costs | 15 |
| associated with their participation in the Senate Task Force; | 16 |
| and be it further | 17 |
| RESOLVED, That all members of the Senate Task Force, other | 18 |
| than the member of the Illinois Liquor Control Commission, | 19 |
| shall be considered to be members with voting rights, that a | 20 |
| simple majority of the voting members of the Senate Task Force | 21 |
| shall constitute a quorum, that all actions and recommendations | 22 |
| of the Senate Task Force must be approved by a simple majority | 23 |
| of the voting members of the Senate Task Force, and that an | 24 |
| appointed voting member representing the alcoholic beverage | 25 |
| industry may send a surrogate to any and all meetings; however, | 26 |
| no voting right shall be extended to the surrogate representing | 27 |
| the voting member; and be it further | 28 |
| RESOLVED, That the Senate Task Force on Illinois Alcoholic | 29 |
| Beverage Laws shall meet at the call of the chairperson and | 30 |
| shall submit its recommendations in a report to the Senate no | 31 |
| later than April 15, 2005; and be it further
| 32 |
| RESOLVED, That suitable copies of this resolution be |
|
|
|
SR0645 Enrolled |
- 4 - |
LRB093 22654 LRD 52280 r |
|
| 1 |
| delivered to the Associated Beer Distributers of Illinois, the | 2 |
| Wine Institute, the Wine and Spirits Distributers of Illinois, | 3 |
| and the Illinois Liquor Control Commission.
|
|