SB0996sam001 101ST GENERAL ASSEMBLY

Sen. William E. Brady

Filed: 4/5/2019

10100SB0996sam001 LRB101 06594 JLS 59292 a

AMENDMENT TO SENATE BILL 996

AMENDMENT NO. ______. Amend Senate Bill 996 by replacing everything after the enacting clause with the following:

"Section 5. The Beer Industry Fair Dealing Act is amended by changing Section 3 as follows:

(815 ILCS 720/3) (from Ch. 43, par. 303)

Sec. 3. Termination and notice of cancellation.

(1) Except as provided in subsection (3) of this Section, no brewer or beer wholesaler may cancel, fail to renew, or otherwise terminate an agreement unless the brewer or wholesaler furnishes prior notification to the affected party in accordance with subsection (2).

(2) The notification required under subsection (1) shall be in writing and sent to the affected party by certified mail not less than 90 days before the date on which the agreement will be cancelled, not renewed, or otherwise terminated. The notification shall contain (a) a statement of intention to cancel, failure to renew, or otherwise terminate an agreement, (b) a complete statement of reasons therefor therefore, including all data and documentation necessary to fully apprise the wholesaler of the reasons for the action, and (c) the date on which the action shall take effect.

(3) A brewer may cancel, fail to renew, or otherwise terminate an agreement without furnishing any prior notification for any of the following reasons:

(A) Wholesaler's failure to pay any account when due and upon demand by the brewer for such payment, in accordance with agreed payment terms.

(B) Wholesaler's assignment for the benefit of creditors, or similar disposition, of substantially all of the assets of such party's business.

(C) Insolvency of wholesaler, or the institution of proceedings in bankruptcy by or against the wholesaler.

(D) Dissolution or liquidation of the wholesaler.

(E) Wholesaler's conviction of, or plea of guilty or no contest, to a charge of violating a law or regulation, in this State which materially and adversely affects the ability of either party to continue to sell beer in this State, or, unless otherwise provided by agreement, the revocation or suspension of a license or permit to sell beer in this State for a period of not less than 30 days which has a material and adverse effect on the wholesaler's ability to sell beer in this State.

(F) Any attempted transfer of business assets of the wholesaler, voting stock of the wholesaler, voting stock of any parent corporation of the wholesaler, or any change in the beneficial ownership or control of any entity without obtaining the prior consent or approval as provided for under Section 6 unless the brewer neither approves, consents to, nor objects to the transfer within 60 days after receiving all requested information from the wholesaler regarding the proposed purchase, in which event the brewer shall be deemed to have consented to the proposed transaction.

(G) Fraudulent conduct by the wholesaler in its dealings with the brewer.

(Source: P.A. 88-410; revised 10-9-18.)

Section 99. Effective date. This Act takes effect upon becoming law.".