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90_SB0910enr
30 ILCS 105/5.449 new
235 ILCS 5/1-3.37 new
235 ILCS 5/8-2 from Ch. 43, par. 159
235 ILCS 5/Art. XII heading new
235 ILCS 5/12-1 new
235 ILCS 5/12-2 new
235 ILCS 5/12-3 new
Amends the State Finance Act and the Liquor Control Act
of 1934 to create the Grape and Wine Resources Council.
Provides for the creation of the Grape and Wine Resources
Council to provide support and growth services to the
Illinois grape wine industry. Allocates $0.02 of the wine
excise tax collected on each gallon of wine for use for
grants to the Council to be used for its purposes.
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1 AN ACT in relation to the regulation of wine, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 3. The Illinois Promotion Act is amended by
6 changing Section 4a as follows:
7 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
8 Sec. 4a. Funds.
9 (1) As soon as possible after the first day of each
10 month, beginning July 1, 1978, upon certification of the
11 Department of Revenue, the Comptroller shall order
12 transferred and the Treasurer shall transfer from the General
13 Revenue Fund to a special fund in the State Treasury, to be
14 known as the "Tourism Promotion Fund", an amount equal to 10%
15 of the net revenue realized from "The Hotel Operators'
16 Occupation Tax Act", as now or hereafter amended, plus an
17 amount equal to 10% of the net revenue realized from any tax
18 imposed under Section 4.05 of the Chicago World's Fair - 1992
19 Authority Act, as now or hereafter amended, during the
20 preceding month. Net revenue realized for a month shall be
21 the revenue collected by the State pursuant to that Act
22 during the previous month less the amount paid out during
23 that same month as refunds to taxpayers for overpayment of
24 liability under that Act.
25 All moneys deposited in the Tourism Promotion Fund
26 pursuant to this subsection are allocated to the Department
27 for utilization, as appropriated, in the performance of its
28 powers under Section 4.
29 (1.1) In addition to the transfers provided under
30 subsection (1) of this Section, as soon as possible after the
31 first day of each month, beginning July 1, 1993, upon
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1 certification of the Department of Revenue, the Comptroller
2 shall order transferred and the Treasurer shall transfer from
3 the General Revenue Fund to the Tourism Promotion Fund an
4 amount equal to the following specified percentages of the
5 net revenue realized from the Hotel Operators' Occupation Tax
6 Act during the previous month: during State fiscal year 1994,
7 1%; during fiscal year 1995, 2%; and during fiscal year 1996
8 and thereafter, 3%. "Net revenue" realized for a month shall
9 mean the revenue collected by the State under that Act during
10 the month less the amount paid out during that same month as
11 refunds to taxpayers for overpayment of liability under that
12 Act.
13 All moneys transferred into the Tourism Promotion Fund
14 under this subsection (1.1) are allocated to the Department
15 for utilization, as appropriated, in the performance of its
16 powers under Section 4.
17 (2) On the first day of fiscal year 1993, or as soon
18 thereafter as may be practicable, the Comptroller shall order
19 the transfer and the Treasurer shall transfer $4,300,000,
20 from the General Revenue Fund to the Tourism Promotion Fund
21 in the State Treasury. On January 15, 1993, or as soon
22 thereafter as may be practical, the Comptroller shall order
23 the transfer and the Treasurer shall transfer from the
24 General Revenue Fund to the Tourism Promotion Fund in the
25 State Treasury the sum of $5,700,000 or so much as may be
26 necessary so that the total amount transferred from the
27 General Revenue Fund to the Tourism Promotion Fund for fiscal
28 year 1993 equals the greater of $10,000,000 or the amount of
29 the fiscal year 1993 appropriation to the Department of
30 Commerce and Community Affairs to advertise and promote
31 tourism throughout Illinois under this subsection (2).
32 On the first day of fiscal year 1994 and each fiscal year
33 thereafter, or as soon thereafter as may be practical, the
34 Comptroller shall order the transfer and the Treasurer shall
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1 transfer from the General Revenue Fund to the Tourism
2 Promotion Fund in the State Treasury the greater of
3 $10,000,000 or the amount of the fiscal year appropriation to
4 the Department of Commerce and Community Affairs to advertise
5 and promote tourism throughout Illinois under this subsection
6 (2).
7 All monies deposited in the Tourism Promotion Fund under
8 this subsection (2) shall be used solely as provided in this
9 subsection to advertise and promote tourism throughout
10 Illinois. Appropriations of monies deposited in the Tourism
11 Promotion Fund pursuant to this subsection (2) shall be used
12 solely for advertising to promote tourism, including but not
13 limited to advertising production and direct advertisement
14 costs, but shall not be used to employ any additional staff,
15 finance any individual event, or lease, rent or purchase any
16 physical facilities. The Department shall coordinate its
17 advertising under this subsection (2) with other public and
18 private entities in the State engaged in similar promotion
19 activities. Print or electronic media production made
20 pursuant to this subsection (2) for advertising promotion
21 shall not contain or include the physical appearance of or
22 reference to the name or position of any public officer.
23 "Public officer" means a person who is elected to office
24 pursuant to statute, or who is appointed to an office which
25 is established, and the qualifications and duties of which
26 are prescribed, by statute, to discharge a public duty for
27 the State or any of its political subdivisions.
28 (3) Subject to appropriation, moneys shall be
29 transferred from the Tourism Promotion Fund into the Grape
30 and Wine Resources Fund pursuant to Article XII of the Liquor
31 Control Act of 1934 and shall be used by the Department in
32 accordance with the provisions of that Article.
33 (Source: P.A. 87-838; 87-860; 87-1248; 88-465.)
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1 Section 5. The State Finance Act is amended by adding
2 Section 5.449 as follows:
3 (30 ILCS 105/5.449 new)
4 Sec. 5.449. The Grape and Wine Resources Fund.
5 Section 10. The Liquor Control Act of 1934 is amended by
6 changing Sections 5-1 and 5-3 and adding Section 1-3.37 and
7 Article XII as follows:
8 (235 ILCS 5/1-3.37 new)
9 Sec. 1-3.37. "Council" means the Grape and Wine
10 Resources Council.
11 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
12 Sec. 5-1. Licenses issued by the Illinois Liquor Control
13 Commission shall be of the following classes:
14 (a) Manufacturer's license - Class 1. Distiller, Class
15 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
16 Manufacturer, Class 5. Second Class Wine Manufacturer,
17 Class 6. First Class Winemaker, Class 7. Second Class
18 Winemaker, Class 8. Limited Wine Manufacturer,
19 (b) Distributor's license,
20 (c) Importing Distributor's license,
21 (d) Retailer's license,
22 (e) Special Event Retailer's license (not-for-profit),
23 (f) Railroad license,
24 (g) Boat license,
25 (h) Non-Beverage User's license,
26 (i) Wine-maker's retail license,
27 (j) Airplane license,
28 (k) Foreign importer's license,
29 (l) Broker's license,
30 (m) Non-resident dealer's license,
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1 (n) Brew Pub license,
2 (o) Auction liquor license,
3 (p) Caterer retailer license,
4 (q) Special use permit license.
5 Nothing in this provision, nor in any subsequent
6 provision of this Act shall be interpreted as forbidding an
7 individual or firm from concurrently obtaining and holding a
8 Winemaker's and a Wine manufacturer's license.
9 (a) A manufacturer's license shall allow the
10 manufacture, importation in bulk, storage, distribution and
11 sale of alcoholic liquor to persons without the State, as may
12 be permitted by law and to licensees in this State as
13 follows:
14 Class 1. A Distiller may make sales and deliveries of
15 alcoholic liquor to distillers, rectifiers, importing
16 distributors, distributors and non-beverage users and to no
17 other licensees.
18 Class 2. A Rectifier, who is not a distiller, as defined
19 herein, may make sales and deliveries of alcoholic liquor to
20 rectifiers, importing distributors, distributors, retailers
21 and non-beverage users and to no other licensees.
22 Class 3. A Brewer may make sales and deliveries of beer
23 to importing distributors, distributors, and to
24 non-licensees, and to retailers provided the brewer obtains
25 an importing distributor's license or distributor's license
26 in accordance with the provisions of this Act.
27 Class 4. A first class wine-manufacturer may make sales
28 and deliveries of between 40,000 and 50,000 gallons of wine
29 to manufacturers, importing distributors and distributors,
30 and to no other licensees.
31 Class 5. A second class Wine manufacturer may make sales
32 and deliveries of more than 50,000 gallons of wine to
33 manufacturers, importing distributors and distributors and to
34 no other licensees.
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1 Class 6. A first-class wine-maker's license shall allow
2 the manufacture of less than 20,000 gallons of wine per year,
3 and the storage and sale of such wine to distributors and
4 retailers in the State and to persons without the State, as
5 may be permitted by law.
6 Class 7. A second-class wine-maker's license shall allow
7 the manufacture of up to 50,000 gallons of wine per year, and
8 the storage and sale of such wine to distributors in this
9 State and to persons without the State, as may be permitted
10 by law. A second-class wine-maker's license shall allow the
11 sale of no more than 10,000 gallons of the licensee's wine
12 directly to retailers.
13 Class 8. A limited wine-manufacturer may make sales and
14 deliveries not to exceed 40,000 gallons of wine per year to
15 distributors, and to non-licensees in accordance with the
16 provisions of this Act.
17 (a-1) A manufacturer which is licensed in this State to
18 make sales or deliveries of alcoholic liquor and which
19 enlists agents, representatives, or individuals acting on its
20 behalf who contact licensed retailers on a regular and
21 continual basis in this State must register those agents,
22 representatives, or persons acting on its behalf with the
23 State Commission.
24 Registration of agents, representatives, or persons
25 acting on behalf of a manufacturer is fulfilled by submitting
26 a form to the Commission. The form shall be developed by the
27 Commission and shall include the name and address of the
28 applicant, the name and address of the manufacturer he or she
29 represents, the territory or areas assigned to sell to or
30 discuss pricing terms of alcoholic liquor, and any other
31 questions deemed appropriate and necessary. All statements
32 in the forms required to be made by law or by rule shall be
33 deemed material, and any person who knowingly misstates any
34 material fact under oath in an application is guilty of a
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1 Class B misdemeanor. Fraud, misrepresentation, false
2 statements, misleading statements, evasions, or suppression
3 of material facts in the securing of a registration are
4 grounds for suspension or revocation of the registration.
5 (b) A distributor's license shall allow the wholesale
6 purchase and storage of alcoholic liquors and sale of
7 alcoholic liquors to licensees in this State and to persons
8 without the State, as may be permitted by law.
9 (c) An importing distributor's license may be issued to
10 and held by those only who are duly licensed distributors,
11 upon the filing of an application by a duly licensed
12 distributor, with the Commission and the Commission shall,
13 without the payment of any fee, immediately issue such
14 importing distributor's license to the applicant, which shall
15 allow the importation of alcoholic liquor by the licensee
16 into this State from any point in the United States outside
17 this State, and the purchase of alcoholic liquor in barrels,
18 casks or other bulk containers and the bottling of such
19 alcoholic liquors before resale thereof, but all bottles or
20 containers so filled shall be sealed, labeled, stamped and
21 otherwise made to comply with all provisions, rules and
22 regulations governing manufacturers in the preparation and
23 bottling of alcoholic liquors. The importing distributor's
24 license shall permit such licensee to purchase alcoholic
25 liquor from Illinois licensed non-resident dealers and
26 foreign importers only.
27 (d) A retailer's license shall allow the licensee to
28 sell and offer for sale at retail, only in the premises
29 specified in such license, alcoholic liquor for use or
30 consumption, but not for resale in any form: Provided that
31 any retail license issued to a manufacturer shall only permit
32 such manufacturer to sell beer at retail on the premises
33 actually occupied by such manufacturer.
34 After January 1, 1995 there shall be 2 classes of
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1 licenses issued under a retailers license.
2 (1) A "retailers on premise consumption license"
3 shall allow the licensee to sell and offer for sale at
4 retail, only on the premises specified in the license,
5 alcoholic liquor for use or consumption on the premises
6 or on and off the premises, but not for resale in any
7 form.
8 (2) An "off premise sale license" shall allow the
9 licensee to sell, or offer for sale at retail, alcoholic
10 liquor intended only for off premise consumption and not
11 for resale in any form.
12 Notwithstanding any other provision of this subsection
13 (d), a retail licensee may sell alcoholic liquors to a
14 special event retailer licensee for resale to the extent
15 permitted under subsection (e).
16 (e) A special event retailer's license (not-for-profit)
17 shall permit the licensee to purchase alcoholic liquors from
18 an Illinois licensed distributor (unless the licensee
19 purchases less than $500 of alcoholic liquors for the special
20 event, in which case the licensee may purchase the alcoholic
21 liquors from a licensed retailer) and shall allow the
22 licensee to sell and offer for sale, at retail, alcoholic
23 liquors for use or consumption, but not for resale in any
24 form and only at the location and on the specific dates
25 designated for the special event in the license. An
26 applicant for a special event retailer license must also
27 submit with the application proof satisfactory to the State
28 Commission that the applicant will provide dram shop
29 liability insurance in the maximum limits and have local
30 authority approval.
31 (f) A railroad license shall permit the licensee to
32 import alcoholic liquors into this State from any point in
33 the United States outside this State and to store such
34 alcoholic liquors in this State; to make wholesale purchases
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1 of alcoholic liquors directly from manufacturers, foreign
2 importers, distributors and importing distributors from
3 within or outside this State; and to store such alcoholic
4 liquors in this State; provided that the above powers may be
5 exercised only in connection with the importation, purchase
6 or storage of alcoholic liquors to be sold or dispensed on a
7 club, buffet, lounge or dining car operated on an electric,
8 gas or steam railway in this State; and provided further,
9 that railroad licensees exercising the above powers shall be
10 subject to all provisions of Article VIII of this Act as
11 applied to importing distributors. A railroad license shall
12 also permit the licensee to sell or dispense alcoholic
13 liquors on any club, buffet, lounge or dining car operated on
14 an electric, gas or steam railway regularly operated by a
15 common carrier in this State, but shall not permit the sale
16 for resale of any alcoholic liquors to any licensee within
17 this State. A license shall be obtained for each car in
18 which such sales are made.
19 (g) A boat license shall allow the sale of alcoholic
20 liquor in individual drinks, on any passenger boat regularly
21 operated as a common carrier on navigable waters in this
22 State, which boat maintains a public dining room or
23 restaurant thereon.
24 (h) A non-beverage user's license shall allow the
25 licensee to purchase alcoholic liquor from a licensed
26 manufacturer or importing distributor, without the imposition
27 of any tax upon the business of such licensed manufacturer or
28 importing distributor as to such alcoholic liquor to be used
29 by such licensee solely for the non-beverage purposes set
30 forth in subsection (a) of Section 8-1 of this Act, and such
31 licenses shall be divided and classified and shall permit the
32 purchase, possession and use of limited and stated quantities
33 of alcoholic liquor as follows:
34 Class 1, not to exceed ....................... 500 gallons
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1 Class 2, not to exceed ....................... 1,000 gallons
2 Class 3, not to exceed ....................... 5,000 gallons
3 Class 4, not to exceed ....................... 10,000 gallons
4 Class 5, not to exceed ....................... 50,000 gallons
5 (i) A wine-maker's retail license shall allow the
6 licensee to sell and offer for sale at retail in the premises
7 specified in such license not more than 50,000 gallons of
8 wine per year for use or consumption, but not for resale in
9 any form; this license shall be issued only to a person
10 licensed as a first-class or second-class wine-maker. A
11 wine-maker's retail licensee, upon receiving permission from
12 the Commission, may conduct business at a second location
13 that is separate from the location specified in its
14 wine-maker's retail license. One wine-maker's retail
15 license-second location may be issued to a wine-maker's
16 retail licensee allowing the licensee to sell and offer for
17 sale at retail in the premises specified in the wine-maker's
18 retail license-second location up to 50,000 gallons of wine
19 that was produced at the licensee's first location per year
20 for use and consumption and not for resale.
21 (j) An airplane license shall permit the licensee to
22 import alcoholic liquors into this State from any point in
23 the United States outside this State and to store such
24 alcoholic liquors in this State; to make wholesale purchases
25 of alcoholic liquors directly from manufacturers, foreign
26 importers, distributors and importing distributors from
27 within or outside this State; and to store such alcoholic
28 liquors in this State; provided that the above powers may be
29 exercised only in connection with the importation, purchase
30 or storage of alcoholic liquors to be sold or dispensed on an
31 airplane; and provided further, that airplane licensees
32 exercising the above powers shall be subject to all
33 provisions of Article VIII of this Act as applied to
34 importing distributors. An airplane licensee shall also
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1 permit the sale or dispensing of alcoholic liquors on any
2 passenger airplane regularly operated by a common carrier in
3 this State, but shall not permit the sale for resale of any
4 alcoholic liquors to any licensee within this State. A
5 single airplane license shall be required of an airline
6 company if liquor service is provided on board aircraft in
7 this State. The annual fee for such license shall be as
8 determined in Section 5-3.
9 (k) A foreign importer's license shall permit such
10 licensee to purchase alcoholic liquor from Illinois licensed
11 non-resident dealers only, and to import alcoholic liquor
12 other than in bulk from any point outside the United States
13 and to sell such alcoholic liquor to Illinois licensed
14 importing distributors and to no one else in Illinois.
15 (l) A broker's license shall be required of all brokers
16 who solicit orders for, offer to sell or offer to supply
17 alcoholic liquor to retailers in the State of Illinois, or
18 who offer to retailers to ship or cause to be shipped or to
19 make contact with distillers, rectifiers, brewers or
20 manufacturers or any other party within or without the State
21 of Illinois in order that alcoholic liquors be shipped to a
22 distributor, importing distributor or foreign importer,
23 whether such solicitation or offer is consummated within or
24 without the State of Illinois.
25 No holder of a retailer's license issued by the Illinois
26 Liquor Control Commission shall purchase or receive any
27 alcoholic liquor, the order for which was solicited or
28 offered for sale to such retailer by a broker unless the
29 broker is the holder of a valid broker's license.
30 The broker shall, upon the acceptance by a retailer of
31 the broker's solicitation of an order or offer to sell or
32 supply or deliver or have delivered alcoholic liquors,
33 promptly forward to the Illinois Liquor Control Commission a
34 notification of said transaction in such form as the
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1 Commission may by regulations prescribe.
2 Such license shall not entitle the holder to buy or sell
3 any alcoholic liquors for his own account or to take or
4 deliver title to such alcoholic liquors.
5 This subsection shall not apply to distributors,
6 employees of distributors, or employees of a manufacturer who
7 has registered the trademark, brand or name of the alcoholic
8 liquor pursuant to Section 6-9 of this Act, and who regularly
9 sells such alcoholic liquor in the State of Illinois only to
10 its registrants thereunder.
11 Any agent, representative, or person subject to
12 registration pursuant to subsection (a-1) of this Section
13 shall not be eligible to receive a broker's license.
14 (m) A non-resident dealer's license shall permit such
15 licensee to ship into and warehouse alcoholic liquor into
16 this State from any point outside of this State, and to sell
17 such alcoholic liquor to Illinois licensed foreign importers
18 and importing distributors and to no one else in this State;
19 provided that said non-resident dealer shall register with
20 the Illinois Liquor Control Commission each and every brand
21 of alcoholic liquor which it proposes to sell to Illinois
22 licensees during the license period; and further provided
23 that it shall comply with all of the provisions of Section
24 6-9 hereof with respect to registration of such Illinois
25 licensees as may be granted the right to sell such brands at
26 wholesale.
27 (n) A brew pub license shall allow the licensee to
28 manufacture beer only on the premises specified in the
29 license, to make sales of the beer manufactured on the
30 premises to importing distributors, distributors, and to
31 non-licensees for use and consumption, to store the beer upon
32 the premises, and to sell and offer for sale at retail.
33 (o) A caterer retailer license shall allow the holder to
34 serve alcoholic liquors as an incidental part of a food
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1 service that serves prepared meals which excludes the serving
2 of snacks as the primary meal, either on or off-site whether
3 licensed or unlicensed.
4 (p) An auction liquor license shall allow the licensee
5 to sell and offer for sale at auction wine and spirits for
6 use or consumption, or for resale by an Illinois liquor
7 licensee in accordance with provisions of this Act. An
8 auction liquor license will be issued to a person and it will
9 permit the auction liquor licensee to hold the auction
10 anywhere in the State. An auction liquor license must be
11 obtained for each auction at least 14 days in advance of the
12 auction date.
13 (q) A special use permit license shall allow an Illinois
14 licensed retailer to transfer a portion of its alcoholic
15 liquor inventory from its retail licensed premises to the
16 premises specified in the license hereby created, and to sell
17 or offer for sale at retail, only in the premises specified
18 in the license hereby created, the transferred alcoholic
19 liquor for use or consumption, but not for resale in any
20 form. A special use permit license may be granted for the
21 following time periods: one day or less; 2 or more days to a
22 maximum of 15 days per location in any 12 month period. An
23 applicant for the special use permit license must also submit
24 with the application proof satisfactory to the State
25 Commission that the applicant will provide dram shop
26 liability insurance to the maximum limits and have local
27 authority approval.
28 (Source: P.A. 88-91; 88-303; 88-535; 88-645, eff. 9-9-94;
29 89-45, eff. 6-23-95; 89-218, eff. 1-1-96; 89-626, eff.
30 8-9-96.)
31 (235 ILCS 5/5-3) (from Ch. 43, par. 118)
32 Sec. 5-3. License fees. Except as otherwise provided
33 herein, at the time application is made to the State
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1 Commission for a license of any class, the applicant shall
2 pay to the State Commission the fee hereinafter provided for
3 the kind of license applied for.
4 The fee for licenses issued by the State Commission shall
5 be as follows:
6 For a manufacturer's license:
7 Class 1. Distiller ....................... $3,600
8 Class 2. Rectifier ....................... 3,600
9 Class 3. Brewer .......................... 900
10 Class 4. First-class Wine Manufacturer ... 600
11 Class 5. Second Class Wine Manufacturer .. 1,200
12 Class 6. First-class wine-maker .......... 240
13 Class 7. Second-class wine-maker ......... 480
14 Class 8. Limited Wine Manufacturer....... 120
15 For a Brew Pub License ................... 1,050
16 For a caterer retailer's license.......... 200
17 For a foreign importer's license ......... 25
18 For an importing distributor's license ... 25
19 For a distributor's license .............. 270
20 For a non-resident dealer's license
21 (500,000 gallons or over)................. 270
22 For a non-resident dealer's license
23 (under 500,000 gallons)................... 90
24 For a wine-maker's retail license ........ 100
25 For a wine-maker's retail
26 license-second location .................. 350
27 For a retailer's license ................. 175
28 For a special event
29 retailer's license, (not-for-profit)...... 25
30 For a special use permit license,
31 one day only ............................. 50
32 2 days or more ........................... 100
33 For a railroad license ................... 60
34 For a boat license ....................... 180
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1 For an airplane license .................. 60
2 times the licensee's maximum number of aircraft in flight,
3 serving liquor over the State at any given time, which either
4 originates, terminates or makes an intermediate stop in the
5 State.
6 For a non-beverage user's license:
7 Class 1 .................................. 24
8 Class 2 .................................. 60
9 Class 3 .................................. 120
10 Class 4 .................................. 240
11 Class 5 .................................. 600
12 For a broker's license ................... 600
13 For an auction liquor license ............ 50
14 Fees collected under this Section shall be paid into the
15 Dram Shop Fund. Beginning June 30, 1990 and on June 30 of
16 each subsequent year, any balance over $5,000,000 remaining
17 in the Dram Shop Fund shall be credited to State liquor
18 licensees and applied against their fees for State liquor
19 licenses for the following year. The amount credited to each
20 licensee shall be a proportion of the balance in the Dram
21 Fund that is the same as the proportion of the license fee
22 paid by the licensee under this Section for the period in
23 which the balance was accumulated to the aggregate fees paid
24 by all licensees during that period.
25 No fee shall be paid for licenses issued by the State
26 Commission to the following non-beverage users:
27 (a) Hospitals, sanitariums, or clinics when their
28 use of alcoholic liquor is exclusively medicinal,
29 mechanical or scientific.
30 (b) Universities, colleges of learning or schools
31 when their use of alcoholic liquor is exclusively
32 medicinal, mechanical or scientific.
33 (c) Laboratories when their use is exclusively for
34 the purpose of scientific research.
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1 The funds received from the $50 increase in the
2 retailer's license fee imposed by P.A. 86-983 shall be
3 deposited in the Youth Alcoholism and Substance Abuse
4 prevention Fund.
5 (Source: P.A. 88-91; 89-250, eff. 1-1-96.)
6 (235 ILCS 5/Art. XII heading new)
7 ARTICLE XII. GRAPE AND WINE RESOURCES COUNCIL
8 (235 ILCS 5/12-1 new)
9 Sec. 12-1. Grape and Wine Resources Council.
10 (a) There is hereby created the Grape and Wine Resources
11 Council, which shall have the powers and duties specified in
12 this Article and all other powers necessary and proper to
13 execute the provisions of this Article.
14 (b) The Council shall consist of 17 members including:
15 (1) The Director of the Illinois Department of
16 Agriculture, ex officio, or the Director's designee.
17 (2) The Dean of the SIU College of Agriculture, or
18 the Dean's designee.
19 (3) The Dean of the University of Illinois College
20 of Agriculture, or the Dean's designee.
21 (4) An expert in enology or food science and
22 nutrition to be named by the Director of the Illinois
23 Department of Agriculture from nominations submitted
24 jointly by the Deans of the Colleges of Agriculture at
25 Southern Illinois University and the University of
26 Illinois.
27 (5) An expert in marketing to be named by the
28 Director of the Illinois Department of Agriculture from
29 nominations submitted jointly by the Deans of the
30 Colleges of Agriculture at Southern Illinois University
31 and the University of Illinois.
32 (6) An expert in viticulture to be named by the
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1 Director of the Illinois Department of Agriculture from
2 nominations submitted jointly by the Deans of the
3 Colleges of Agriculture at Southern Illinois University
4 and the University of Illinois.
5 (7) A representative from the Illinois Division of
6 Tourism, to be named by the Director of the Illinois
7 Department of Commerce and Community Affairs.
8 (8) Six persons to be named by the Director of the
9 Illinois Department of Agriculture from nominations from
10 the President of the Illinois Grape Growers and Vintners
11 Association, of whom 3 shall be grape growers and 3 shall
12 be vintners.
13 (9) Four persons, one of whom shall be named by the
14 Speaker of the House of Representatives, one of whom
15 shall be named by the Minority Leader of the House of
16 Representatives, one of whom shall be named by the
17 President of the Senate, and one of whom shall be named
18 by the Minority Leader of the Senate.
19 Members of the Council shall receive no compensation, but
20 shall be reimbursed for necessary expenses incurred in the
21 performance of their duties. The Council's Chair shall be
22 the Dean of the College of Agriculture at the University
23 where the Council is housed.
24 (c) The Council shall be housed at Southern Illinois
25 University at Carbondale, which shall maintain a
26 collaborative relationship with the University of Illinois at
27 Champaign.
28 (235 ILCS 5/12-2 new)
29 Sec. 12-2. Powers and duties of Council.
30 (a) Upon the appointment of its final member, the
31 Council shall adopt bylaws governing its members, meetings,
32 terms of office, and administration.
33 (b) The Council shall provide support and growth
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1 services to the grape wine industry in Illinois that include,
2 but need not be limited to: (i) advocacy, liaison, and
3 promotion of grape growing and wine making, (ii) the
4 provision of consultation and special training to prospective
5 and established grape growers and wine makers, (iii)
6 viticulture and enological research pertinent to State wine
7 industry needs, and (iv) development of marketing policies
8 and strategies.
9 (c) The Council shall not enter into any effort to
10 regulate the price of grape products or wine.
11 (235 ILCS 5/12-3 new)
12 Sec. 12-3. Funding. Subject to appropriation, on July
13 1, 1997 and annually thereafter the Comptroller shall order
14 the transfer and the Treasurer shall transfer an amount
15 determined by the General Assembly from the Tourism Promotion
16 Fund into the Grape and Wine Resources Fund, which is hereby
17 created as a special fund in the State Treasury. The
18 Department of Commerce and Community Affairs may make
19 expenditures with moneys from the Fund for any of its lawful
20 purposes under this Article, subject to the advice and
21 approval of the Council. The Department of Commerce and
22 Community Affairs shall serve as the lead administrative
23 agency for monitoring the Council's implementation. Moneys
24 in the Fund shall not be used for any political or
25 legislative purpose. The Council shall keep minutes, books,
26 and records that clearly reflect all of the acts and
27 transactions of the Council. The books of the Council shall
28 be audited by a certified public accountant at the Council's
29 expense at least annually. Within 30 days after the
30 completion of the audit, the results shall be provided to the
31 Director of Commerce and Community Affairs. The Department
32 of Commerce and Community Affairs shall be reimbursed from
33 the Grape and Wine Resources Fund for any costs incurred
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1 under this Act. Moneys remaining in the Grape and Wine
2 Resources Fund at the end of the fiscal year shall remain in
3 the Fund for use during the following fiscal year and shall
4 not be transferred to any other State fund.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.