Bill Status of HB 429   95th General Assembly

Short Description:  LIQUOR-RETAIL WINE SHPMNT

House Sponsors
Rep. Edward J. Acevedo-Marlow H. Colvin-Lou Lang-Brent Hassert-Jay C. Hoffman, Dan Reitz, Ed Sullivan, Jr., Aaron Schock, Susana A Mendoza and Cynthia Soto

Senate Sponsors
(Sen. Ira I. Silverstein-Terry Link-James F. Clayborne, Jr.-Michael Noland-John O. Jones)


Last Action  View All Actions

DateChamber Action
  10/3/2007HousePublic Act . . . . . . . . . 95-0634

Statutes Amended In Order of Appearance
235 ILCS 5/3-12from Ch. 43, par. 108
235 ILCS 5/5-1from Ch. 43, par. 115
235 ILCS 5/5-3from Ch. 43, par. 118
235 ILCS 5/6-4from Ch. 43, par. 121
235 ILCS 5/6-29from Ch. 43, par. 144e
235 ILCS 5/6-29.1

Synopsis As Introduced
Amends the Liquor Control Act of 1934. Sets forth additional duties of the Illinois Liquor Control Commission concerning direct wine shipments. Provides for a direct wine shipper's license. Deletes provisions (i) permitting first-class and second-class wine-maker licensees to sell wine directly to retailers and (ii) prohibiting the issuance of more than one first-class or second-class wine-maker's license to any person, firm, partnership, corporation, or other legal entity. Changes the description of a second-class wine-maker's license to allow the manufacture of between 50,000 and 150,000 gallons of wine per year (now, 50,000 to 100,000 gallons). Provides that a wine-maker's premises license shall allow a licensee who concurrently holds a second-class wine-maker's license to sell and offer for sale at retail in the premises specified in such license up to 150,000 gallons (now, 100,000 gallons) of the second-class wine-maker's wine that is made at the second-class wine-maker's licensed premises per year for use or consumption, but not for resale in any form. Requires wine-maker premises licensees and limited wine manufacturer licensees to secure liquor liability insurance. Provides that a direct wine shipper licensee may ship, for personal use and not for resale, not more than 12 cases of wine per year to any resident of this State who is 21 years of age or older, such sale to be considered a sale in this State. Requires that a shipping container used in such shipment be clearly labeled with specific language, the label being designed or approved by the State Commission. Prohibits the shipment of any alcoholic beverage to any person in Illinois not licensed as a distributor, importing distributor, foreign importer, manufacturer, or non-resident dealer or not shipped pursuant to the provisions of this Act. Makes other changes. Effective July 1, 2007.

 Fiscal Note (Department of Revenue)
 HB 429 will increase taxes and fees collected by approximately $662,000 to $1,213,000 per year.

House Amendment No. 2
Replaces everything after the enacting clause. Reinserts the contents of the bill as introduced with the following changes. Provides that a person licensed to make wine under the laws of another state who has a winery shipper's license under the Liquor Control Act of 1934 and annually produces less than 25,000 gallons of wine or a person who has a first-class or second-class wine manufacturer's license, a first-class or second-class wine-maker's license, or a limited wine manufacturer's license under the Act and annually produces less than 25,000 gallons of wine may make application to the Liquor Control Commission for a self-distribution exemption to allow the sale of not more than 5,000 gallons of the exemption holder's wine to retail licensees per year. Sets forth the qualifications required for a self-distribution exemption. Replaces references to a direct wine shipper's license with a winery shipper's license. Provides that nothing in the Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to transfer, deliver, or ship alcoholic liquor to the purchaser for use or consumption subject to any applicable local law or ordinance. Provides that the paramount purpose of the Act is to continue to carefully limit direct shipment sales of wine produced by wine manufacturers (instead of only wine) and to continue to prohibit such direct shipment sales for spirits and beer. Makes other changes. Adds a severability clause. Deletes the effective date of July 1, 2007.

 Judicial Note, House Amendment No. 2 (Admin Office of the Illinois Courts)
 This legislation would neither increase nor decrease the number of judges needed in the State.

 Balanced Budget Note, House Amendment No. 2 (Gov Office of Mgmt & Budget)
 HB 429 (H-AM 2), if enacted into law, will increase State revenues approximately $650,000 to $1,200,000.

 Housing Affordability Impact Note, House Amendment No. 2 (Housing Development Authority)
 This legislation will have no effect on constructing, purchasing, owning, or selling a single-family residence.

 Correctional Note, House Amendment No. 2 (Dept of Corrections)
 There is no corrections population or fiscal impact on the Department.

 Fiscal Note, House Amendment No. 2 (Dept of Corrections)
 There is no corrections population or fiscal impact on the Department.

 State Debt Impact Note, House Amendment No. 2 (Government Forecasting & Accountability)
 HB 429 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 State Mandates Fiscal Note, House Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 This legislation does not create a State mandate under the State Mandates Act.

 Pension Note, House Amendment No. 2 (Government Forecasting & Accountability)
 HB 429 (H-AM 2) will not impact any public pension fund or retirement system in Illinois.

 Home Rule Note, House Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 This legislation does not explicitly pre-empt home rule authority.

 Fiscal Note, House Amendment No. 2 (Dept. of Revenue)
 HB 429 (H-AM 2) will increase taxes and fees collected by approximately $662,000 to $1,213,000 per year.

Actions 
DateChamber Action
  1/26/2007HouseFiled with the Clerk by Rep. Edward J. Acevedo
  1/26/2007HouseCo-Sponsor Rep. Marlow H. Colvin
  1/26/2007HouseCo-Sponsor Rep. Dan Reitz
  1/26/2007HouseCo-Sponsor Rep. Brent Hassert
  1/26/2007HouseCo-Sponsor Rep. Jay C. Hoffman
  1/26/2007HouseFirst Reading
  1/26/2007HouseReferred to Rules Committee
  1/31/2007HouseAssigned to Consumer Protection Committee
  2/21/2007HouseDo Pass / Short Debate Consumer Protection Committee; 011-000-001
  2/22/2007HousePlaced on Calendar 2nd Reading - Short Debate
  3/12/2007HouseFiscal Note Filed
  3/22/2007HouseHouse Amendment No. 1 Filed with Clerk by Rep. Edward J. Acevedo
  3/22/2007HouseHouse Amendment No. 1 Referred to Rules Committee
  3/26/2007HouseHouse Amendment No. 1 Rules Refers to Consumer Protection Committee
  3/27/2007HouseHouse Amendment No. 1 Recommends Be Adopted Consumer Protection Committee; 009-001-001
  4/19/2007HouseAdded Chief Co-Sponsor Rep. Marlow H. Colvin
  4/19/2007HouseRemoved Co-Sponsor Rep. Marlow H. Colvin
  4/19/2007HouseAdded Chief Co-Sponsor Rep. Lou Lang
  4/19/2007HouseAdded Chief Co-Sponsor Rep. Brent Hassert
  4/19/2007HouseRemoved Co-Sponsor Rep. Brent Hassert
  4/19/2007HouseAdded Chief Co-Sponsor Rep. Jay C. Hoffman
  4/19/2007HouseRemoved Co-Sponsor Rep. Jay C. Hoffman
  4/20/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Lou Lang
  4/20/2007HouseHouse Amendment No. 2 Referred to Rules Committee
  4/23/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. Julie Hamos
  4/23/2007HouseHouse Amendment No. 3 Referred to Rules Committee
  4/26/2007HouseSecond Reading - Short Debate
  4/26/2007HouseHeld on Calendar Order of Second Reading - Short Debate
  4/27/2007HouseAdded Co-Sponsor Rep. Ed Sullivan, Jr.
  4/27/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 3, 2007
  4/30/2007HouseHouse Amendment No. 3 Rules Refers to Consumer Protection Committee
  4/30/2007HouseHouse Amendment No. 2 Rules Refers to Consumer Protection Committee
  5/2/2007HouseHouse Amendment No. 2 Recommends Be Adopted Consumer Protection Committee; 010-001-000
  5/2/2007HouseHouse Amendment No. 3 Recommends Be Adopted - Lost Consumer Protection Committee; 001-010-000
  5/2/2007HouseHouse Amendment No. 2 Judicial Note Filed as Amended
  5/2/2007HouseHouse Amendment No. 2 Balanced Budget Note Filed as Amended
  5/2/2007HouseHouse Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  5/2/2007HouseHouse Amendment No. 2 Correctional Note Filed as Amended
  5/2/2007HouseHouse Amendment No. 2 Fiscal Note Filed as Amended
  5/2/2007HouseHouse Amendment No. 2 State Debt Impact Note Filed as Amended
  5/2/2007HouseHouse Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  5/2/2007HouseHouse Amendment No. 1 Withdrawn by Rep. Edward J. Acevedo
  5/2/2007HouseHouse Amendment No. 2 Adopted by Voice Vote
  5/2/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/2/2007HouseHouse Amendment No. 2 Pension Note Filed as Amended
  5/2/2007HouseHouse Amendment No. 2 Home Rule Note Filed as Amended
  5/3/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 10, 2007
  5/8/2007HouseHouse Amendment No. 2 Fiscal Note Filed as Amended
  5/10/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 18, 2007
  5/17/2007HouseAdded Co-Sponsor Rep. Aaron Schock
  5/18/2007HouseFinal Action Deadline Extended-9(b) May 25, 2007
  5/25/2007HouseFinal Action Deadline Extended-9(b) May 31, 2007
  5/31/2007HouseFinal Action Deadline Extended-9(b) June 8, 2007
  6/5/2007HouseRemoved from Short Debate Status
  6/5/2007HousePlaced on Calendar Order of 3rd Reading - Extended Debate
  6/5/2007HouseAdded Co-Sponsor Rep. Susana A Mendoza
  6/5/2007HouseAdded Co-Sponsor Rep. Cynthia Soto
  6/5/2007HouseThird Reading - Extended Debate - Passed 092-006-002
  6/6/2007SenateArrive in Senate
  6/6/2007SenatePlaced on Calendar Order of First Reading
  6/6/2007SenateChief Senate Sponsor Sen. Ira I. Silverstein
  6/6/2007SenateFirst Reading
  6/6/2007SenateReferred to Rules
  6/6/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Terry Link
  6/13/2007SenateAdded as Alternate Chief Co-Sponsor Sen. James F. Clayborne, Jr.
  6/20/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Noland
  7/31/2007SenateAssigned to Executive
  7/31/2007SenateRule 2-10 Committee Deadline Established As December 31, 2007
  7/31/2007SenateRule 2-10 Third Reading Deadline Established As December 31, 2007
  8/6/2007SenateDo Pass Executive; 011-001-000
  8/6/2007SenatePlaced on Calendar Order of 2nd Reading August 6, 2007
  8/6/2007SenateSecond Reading
  8/6/2007SenatePlaced on Calendar Order of 3rd Reading August 7, 2007
  8/6/2007SenateAdded as Alternate Chief Co-Sponsor Sen. John O. Jones
  8/7/2007SenateThird Reading - Passed; 049-005-002
  8/7/2007HousePassed Both Houses
  8/21/2007HouseSent to the Governor
  10/3/2007HouseGovernor Approved
  10/3/2007HouseEffective Date June 1, 2008
  10/3/2007HousePublic Act . . . . . . . . . 95-0634

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