Bill Status of SB2989  99th General Assembly

Short Description:  LIQUOR-TRANSPORT OF ALCOHOL

Senate Sponsors
Sen. James F. Clayborne, Jr.

House Sponsors
(Rep. Jay Hoffman - Jim Durkin - Anthony DeLuca and Camille Y. Lilly)

Last Action
DateChamber Action
  8/26/2016SenatePublic Act . . . . . . . . . 99-0904

Statutes Amended In Order of Appearance
235 ILCS 5/1-3.43 new
235 ILCS 5/5-1from Ch. 43, par. 115
235 ILCS 5/6-16from Ch. 43, par. 131
235 ILCS 5/6-29from Ch. 43, par. 144e
235 ILCS 5/6-29.1
235 ILCS 5/8-12from Ch. 43, par. 164 3/4
235 ILCS 5/10-1from Ch. 43, par. 183


Synopsis As Introduced
Amends the Liquor Control Act of 1934. In provisions concerning the delivery of alcoholic liquor by certain entities, requires the use of scan technology at the time of delivery to verify the identification of a person who is at least 21 years of age. Provides that the failure to use scan technology and obtain the signature of a person who is at least 21 years of age is a Class A misdemeanor. Defines "scan technology". Provides that for the purposes of the Act, the United States Postal Service and any company that uses technology to facilitate the delivery of alcoholic liquor from licensed retail premises to consumers shall be considered a common carrier. Requires common carriers to carry and maintain liquor liability insurance. Provides that a winery shipper license holder may only ship wine it produces from its licensed wine manufacturer premises wherein the wine manufacturer is licensed to engage in the manufacture of the wine. Requires certain entities that transport alcoholic liquor out of the State for delivery into another state to comply with certain reporting provisions and increases the penalty for the failure to comply with those provisions. Provides that any person who both has received an initial cease and desist letter from the State Commission and for compensation ships alcoholic liquor into this State without a license shall be guilty of a Class 4 felony. Prohibits and establishes criminal penalties for the transportation of more than a certain amount of beer, wine, or spirits into the State without a license or for transporting beer, wine, or spirits into the State for sale or resale without a license. Increases other penalties. Makes other changes. Effective immediately.

Senate Floor Amendment No. 2
Deletes reference to:
235 ILCS 5/1-3.43 new
235 ILCS 5/6-29from Ch. 43, par. 144e

Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. Provides that the application form for a winery shipper's license shall include all addresses from which the applicant for a winery shipper's license intends to ship wine, including the name and address of any third-party authorized to ship wine on behalf of certain manufacturers of wine. Requires a winery shipper's licensee to include certain acknowledgements and disclosures in its application. Provides that a third-party provider shipping wine on behalf of a winery shipper's license holder is the agent of the winery shipper's license holder. Requires certain third-party providers to file with the Illinois Liquor Control Commission a statement detailing each shipment made to an Illinois resident. Requires the State Commission to adopt rules to implement the requirements of the amendatory Act and to adopt rules prohibiting the third-party appointment of a third-party provider that has been deemed by the State Commission to have violated the provisions of the Act with regard to any winery shipper licensee. Increases the penalty for an express company, common carrier, or contract carrier that delivers alcoholic liquor without first obtaining a signature at the time of delivery by an adult who is at least 21 years of age. Provides that any person who both has received an initial cease and desist letter from the State Commission and for compensation ships alcoholic liquor into this State without a license shall be guilty of a Class 4 felony. Prohibits and establishes criminal penalties for the manufacture, importation for distribution, distribution, sale, or transportation of more than a certain amount of beer, wine, or spirits into the State without a license or for transporting beer, wine, or spirits into the State for sale or resale without a license. Makes other changes. Effective January 1, 2017.

House Floor Amendment No. 1
Deletes reference to:
235 ILCS 5/6-16from Ch. 43, par. 131
Adds reference to:
235 ILCS 5/5-3from Ch. 43, par. 118

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Removes provisions increasing the penalties and establishing vicarious liability for an express company, common carrier, or contract carrier who delivers alcoholic liquor without first obtaining a signature at the time of delivery by an adult who is at least 21 years of age. In provisions concerning winery shipper's licensees, excludes common carriers from certain requirements related to third-party providers. In a provision prohibiting the manufacture, importation for distribution, distribution, sale, or transportation of more than a certain amount of beer, wine, or spirits into the State, establishes penalties for a person who was licensed under the Act and whose license expired within 30 days before he or she violated the prohibition. Further amends the Liquor Control Act of 1934. Increases the fees for certain licenses and establishes different fees for licenses that are renewed online. Provides that on and after June 30, 2016, one-half of the funds received for a retailer's license shall be paid into the Dram Shop Fund and one-half of the funds received for a retailer's license shall be paid into the General Revenue Fund. Effective January 1, 2017, except that certain provisions concerning licensure fees are effective immediately.

House Floor Amendment No. 2
Provides that certain restrictions on the manufacture, importation for distribution, transportation from outside the State into the State, and distribution or sale of alcoholic liquor without a license under the Act do not apply to a rail carrier.

Actions 
DateChamber Action
  2/18/2016SenateFiled with Secretary by Sen. James F. Clayborne, Jr.
  2/18/2016SenateFirst Reading
  2/18/2016SenateReferred to Assignments
  3/8/2016SenateAssigned to Executive
  4/6/2016SenateDo Pass Executive; 015-000-000
  4/6/2016SenatePlaced on Calendar Order of 2nd Reading April 7, 2016
  4/15/2016SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.
  4/15/2016SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/15/2016SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. James F. Clayborne, Jr.
  4/15/2016SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/19/2016SenateSenate Floor Amendment No. 1 Pursuant to Senate Rule 3-8 (b-1), this amendment will remain in the Committee on Assignments
  4/19/2016SenateSenate Floor Amendment No. 2 Assignments Refers to Executive
  4/19/2016SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 014-000-000
  4/20/2016SenateSecond Reading
  4/20/2016SenateSenate Floor Amendment No. 2 Adopted; Clayborne
  4/20/2016SenatePlaced on Calendar Order of 3rd Reading April 21, 2016
  4/22/2016SenateThird Reading - Passed; 033-018-000
  4/22/2016SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/22/2016HouseArrived in House
  4/22/2016HouseChief House Sponsor Rep. Jay Hoffman
  4/22/2016HouseFirst Reading
  4/22/2016HouseReferred to Rules Committee
  5/9/2016HouseAssigned to Executive Committee
  5/13/2016HouseFinal Action Deadline Extended-9(b) May 27, 2016
  5/19/2016HouseDo Pass / Short Debate Executive Committee; 007-003-000
  5/19/2016HousePlaced on Calendar 2nd Reading - Short Debate
  5/24/2016HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman
  5/24/2016HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/24/2016HouseAdded Alternate Chief Co-Sponsor Rep. Jim Durkin
  5/25/2016HouseHouse Floor Amendment No. 1 Rules Refers to Executive Committee
  5/25/2016HouseSecond Reading - Short Debate
  5/25/2016HouseHeld on Calendar Order of Second Reading - Short Debate
  5/26/2016HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jay Hoffman
  5/26/2016HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/26/2016HouseHouse Floor Amendment No. 1 Recommends Be Adopted Executive Committee; 011-000-000
  5/27/2016HouseFinal Action Deadline Extended-9(b) May 31, 2016
  5/29/2016HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-001-000
  5/29/2016HouseAdded Alternate Chief Co-Sponsor Rep. Anthony DeLuca
  5/29/2016HouseHouse Floor Amendment No. 1 Adopted
  5/29/2016HouseHouse Floor Amendment No. 2 Adopted
  5/29/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2016HouseThird Reading - Short Debate - Passed 104-009-001
  5/30/2016HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/30/2016SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/30/2016SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2016
  5/31/2016SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.
  5/31/2016SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/31/2016SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.
  5/31/2016SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/31/2016SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive
  5/31/2016SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive
  5/31/2016SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 016-000-000
  5/31/2016SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 016-000-000
  5/31/2016SenateHouse Floor Amendment No. 1 Senate Concurs 053-002-000
  5/31/2016SenateHouse Floor Amendment No. 2 Senate Concurs 053-002-000
  5/31/2016SenateSenate Concurs
  5/31/2016SenatePassed Both Houses
  6/29/2016SenateSent to the Governor
  8/26/2016SenateGovernor Approved
  8/26/2016SenateEffective Date August 26, 2016; Some Provisions
  8/26/2016SenateEffective Date January 1, 2017; Some Provisions
  8/26/2016SenatePublic Act . . . . . . . . . 99-0904