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91_HB4408
LRB9112961LDdv
1 AN ACT to amend the Soft Drink Industry Fair Dealing Act
2 by changing Section 40.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Soft Drink Industry Fair Dealing Act is
6 amended by changing Section 40 as follows:
7 (815 ILCS 730/40)
8 Sec. 40. Application of this Act. This Act shall govern
9 all relations between suppliers and distributors to the
10 fullest extent consistent with the constitutions of this
11 State and of the United States. All provisions of this Act,
12 which are declarative of or clarify existing law, including
13 the provisions of Section 15(a)(3) of this Act, apply to all
14 agreements between a supplier and a distributor whether those
15 agreements were entered into before or after the effective
16 date of this Act. In addition, this Act shall, to the
17 fullest extent permitted by law, apply (i) to conduct
18 occurring after the effective date of this Act, whether or
19 not such conduct relates to a distribution agreement entered
20 into before the effective date of this Act, and (ii) to
21 distribution agreements entered into or amended after the
22 effective date of this Act, including any renewal of a
23 distribution agreement in existence on or before the
24 effective date of this Act. Renewal of a distribution
25 agreement with a designated term or duration shall mean (i)
26 the establishment of a new term or duration, (ii) an
27 extension of the distribution agreement on any other basis,
28 or (iii) the shipment of soft drink concentrate or syrup to
29 the distributor after the expiration of the designated term
30 or duration. Renewal of a distribution agreement that
31 provides for a month to month, year to year, or other
-2- LRB9112961LDdv
1 periodic term or duration, shall mean (i) the continuation of
2 the distributorship into the next month, year, or other
3 period commencing after the effective date of this Act, (ii)
4 an extension of the distribution agreement on any other
5 basis, or (iii) the shipment of soft drink concentrate or
6 syrup to a distributor after the expiration of the month,
7 year, or other period of the distribution agreement. Renewal
8 of any distribution agreement that does not have a designated
9 term or duration, or that is terminable at will or upon
10 notice, shall mean the shipment of soft drink concentrate or
11 syrup to a distributor after the effective date of this Act.
12 (Source: P.A. 91-3, eff. 5-21-99.)