HOFFMAN-CAPPARELLI-SAVIANO-KENNER-MAUTINO, MCAULIFFE, BRUNSVOLD, PARKE, LANG, BLACK, O'BRIEN, LYONS,JOSEPH, PERSICO, HASSERT, ACKERMAN, FEIGENHOLTZ, DURKIN, NOVAK, TURNER,ART, FANTIN, DAVIS,STEVE, HOLBROOK, MOFFITT, BROWN, BERGMAN, BURKE, TENHOUSE, MOORE,EUGENE, BOLAND, ZICKUS, JONES,LOU AND REITZ. (DILLARD-JACOBS-BOWLES-WALSH,L-WALSH,T) 235 ILCS 5/1-3.28 from Ch. 43, par. 95.28 Amends the Liquor Control Act of 1934 to expand the definition of "broker" to include a person, corporation, or other combination of individuals that solicits orders or membership to an alcoholic beverage club or an alcoholic liquors club to promote the sale of alcoholic liquors to consumers and businesses for any wholesaler, retailer, or other individual who ships alcoholic liquors by means of a common carrier. Effective immediately. HOUSE AMENDMENT NO. 1. Adds reference to: 235 ILCS 5/1-3.28 from Ch. 43, par. 95.28 235 ILCS 5/2-1 from Ch. 43, par. 96 235 ILCS 5/3-12 from Ch. 43, par. 108 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/6-16 from Ch. 43, par. 131 235 ILCS 5/6-17.2 new 235 ILCS 5/6-29.1 new 235 ILCS 5/10-1 from Ch. 43, par. 183 Replaces everything. Amends the Liquor Control Act of 1934. Provides that the term "broker" includes a person, other than a retail licensee, who promotes, solicits, or accepts orders for alcoholic liquor for use or consumption to be delivered to residents of this State by an express company, common carrier, or contract carrier. Provides that the State Commission shall have the power to receive applications and issue licenses to brokers and wine maker retail licensees and to investigate shipments of alcoholic liquor into this State from outside this State and to issue a cease-and-desist notice in the event of a violation of the Act. Provides that no carrier that transports alcoholic liquor into this State shall deliver alcoholic liquor to any person under 21 years of age or to any intoxicated person. Provides that a carrier that transports alcoholic liquor into this State for delivery in this State shall obtain a signature acknowledging receipt of the alcoholic liquor by a person who is at least 21 years of age. Provides that any retail licensee who knowingly ships alcoholic liquor into another state in violation of that state's laws shall have its license suspended for 7 days for a first violation and shall have its license revoked by the Commission for a second violation. Provides that a person who ships alcoholic liquor into this State from a point outside this State to a person who does not hold a manufacturer, distributor, importing distributor, or nonresident dealer license, unless authorized by law, violates the Act. Provides that a violation is a business offense with a fine of not more than $1,000 for a first offense, $5,000 for a second offense, and $10,000 for a third or subsequent offense. Effective immediately. FISCAL NOTE, H-AM 1 (Liquor Control Commission) Total expenditures for the first year would equal $175,010 but would decline in the second year to $135,000 but this would still have a negative impact on the Dram Shop Fund from $80,000 to $110,000 per year. HOME RULE NOTE, AMENDED Contains no language preempting home rule. STATE MANDATES ACT FISCAL NOTE, AMENDED Fails to create a State mandate. SENATE AMENDMENT NO. 2. Adds reference to: 235 ILCS 5/8-12 from Ch. 43, par. 164 3/4 235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/10-7.1 from Ch. 43, par. 189.1 Deletes everything. Amends the Liquor Control Act of 1934. Provides that the term "broker" includes a person who, for a fee or commission, promotes, solicits, or accepts orders for alcoholic liquor for use or consumption to be shipped from this State and delivered to residents out of this State by an express company, common carrier, or contract carrier. Provides that the State Commission shall have the power to receive applications and issue licenses to brokers and wine maker retail licensees and to investigate shipments of alcoholic liquor into this State from outside this State and to issue a cease-- and-desist notice in the event of a violation of the Act. Provides that no carrier that transports alcoholic liquor into this State shall knowingly deliver alcoholic liquor to any person under 21 years of age. Provides that a carrier that transports alcoholic liquor into this State for delivery in this State shall obtain a signature acknow- ledging receipt of the alcoholic liquor by a person who is at least 21 years of age. Provides that any retail licensee who knowingly ships alcoholic liquor into another state in violation of that state's laws shall have its license suspended for 7 days for a first violation and shall have its license revoked by the Commission for a second viola- tion. Provides that a person who ships alcoholic liquor into this State from a point outside this State to a person who does not hold a manufacturer, distributor, importing distributor, or nonresident dealer license, unless authorized by law, violates the Act. Provides that a violation is a business offense with a fine of not more than $1,000 for a first offense, $5,000 for a second offense and $10,000 for a third or subsequent offense. Provides that the Department of Revenue may establish procedures for electronic transmission of certain information concerning delivery of alcoholic liquor directly to the Department. Requires the Commission to report to the Governor and the General Assembly by April 30, 1999 concerning the impact of the provisions of this amendatory Act of 1998 on the business of soliciting, selling, and shipping alcoholic liquor from outside this State to residents of this State. Adds an immediate effective date. 98-02-03 H FILED WITH CLERK 98-02-03 H FIRST READING 98-02-03 H REFERRED TO HOUSE RULES COMMITTEE RULES 98-02-24 H PRIMARY SPONSOR CHANGED TO HOFFMAN 98-02-24 H ADDED AS A JOINT SPONSOR SAVIANO 98-02-24 H ADDED AS A CO-SPONSOR KENNER 98-02-25 H ASSIGNED TO COMMITTEE REG & REG 98-03-18 H ADDED AS A CO-SPONSOR BRUNSVOLD 98-03-19 H JOINT-SPONSOR CHANGED TO CAPPARELLI 98-03-19 H ADDED AS A CO-SPONSOR WOJCIK 98-03-19 H ADDED AS A CO-SPONSOR MAUTINO 98-03-19 H ADDED AS A CO-SPONSOR MCAULIFFE 98-03-19 H ADDED AS A CO-SPONSOR KENNER 98-03-19 H ADDED AS A CO-SPONSOR BRUNSVOLD 98-03-19 H ADDED AS A CO-SPONSOR PARKE 98-03-19 H ADDED AS A CO-SPONSOR LANG 98-03-19 H ADDED AS A CO-SPONSOR BLACK 98-03-19 H ADDED AS A CO-SPONSOR O'BRIEN 98-03-19 H ADDED AS A CO-SPONSOR LYONS,JOSEPH 98-03-19 H ADDED AS A CO-SPONSOR FRITCHEY 98-03-19 H ADDED AS A CO-SPONSOR PERSICO 98-03-19 H ADDED AS A CO-SPONSOR HASSERT 98-03-19 H ADDED AS A CO-SPONSOR ACKERMAN 98-03-19 H ADDED AS A CO-SPONSOR FEIGENHOLTZ 98-03-19 H ADDED AS A CO-SPONSOR DURKIN 98-03-19 H ADDED AS A CO-SPONSOR NOVAK 98-03-19 H ADDED AS A CO-SPONSOR WAIT 98-03-19 H ADDED AS A CO-SPONSOR TURNER,ART 98-03-19 H ADDED AS A CO-SPONSOR FANTIN 98-03-19 H ADDED AS A CO-SPONSOR DAVIS,STEVE 98-03-19 H ADDED AS A CO-SPONSOR HOLBROOK 98-03-19 H ADDED AS A CO-SPONSOR MOFFITT 98-03-19 H ADDED AS A CO-SPONSOR BROWN 98-03-19 H ADDED AS A CO-SPONSOR MEYER 98-03-19 H ADDED AS A CO-SPONSOR BERGMAN 98-03-19 H ADDED AS A CO-SPONSOR BURKE 98-03-19 H ADDED AS A CO-SPONSOR TENHOUSE 98-03-19 H ADDED AS A CO-SPONSOR MOORE,EUGENE 98-03-19 H ADDED AS A CO-SPONSOR BOLAND 98-03-19 H ADDED AS A CO-SPONSOR BUGIELSKI 98-03-19 H ADDED AS A CO-SPONSOR ZICKUS 98-03-19 H ADDED AS A CO-SPONSOR JONES,LOU 98-03-20 H AMENDMENT NO. 01-REGIS REGULAT H 98-03-20 H ADOPTED 98-03-20 H DO PASS AS AMENDED/STANDARD DEBATE 021-001-000 HREG 98-03-20 H PLACED CAL 2ND READING-STANDARD DEBATE 98-03-20 H ADDED AS A CO-SPONSOR WOJCIK 98-03-23 H FISCAL NOTE REQUESTED BLACK 98-03-23 H SECOND READING-STANDARD DEBATE 98-03-23 H HELD CAL ORDER 2ND READING-STANDARD DBT 98-03-23 H ADDED AS A CO-SPONSOR REITZ 98-03-24 H FISCAL NOTE FILED AS AMENDED 98-03-24 H PLCD CAL ORDER 3RD READING-STNDRD DEBATE 98-03-25 H HOME RULE NOTE FILED AS AMENDED 98-03-25 H STATE MNDT FISCAL NOTE FILED AS AMENDED 98-03-25 H THIRD READING/STANDARD DEBATE/PASS 114-000-000 98-03-26 S ARRIVE IN SENATE 98-03-26 S PLACED CALENDAR ORDER OF FIRST READING 98-03-26 S CHIEF SPONSOR DILLARD 98-03-26 S FIRST READING 98-03-26 S REFERRED TO SENATE RULES COMMITTEE RULES 98-03-26 S ADDED AS A CHIEF CO-SPONSOR JACOBS 98-03-26 S ADDED AS A CHIEF CO-SPONSOR BOWLES 98-04-01 S ADDED AS A CHIEF CO-SPONSOR WALSH,L 98-04-03 S ADDED AS A CHIEF CO-SPONSOR WALSH,T 98-04-22 S ASSIGNED TO COMMITTEE EXECUTIVE 98-04-28 S AMENDMENT NO. 01-EXECUTIVE S 98-04-28 S TABLED 98-04-28 S DO PASS 013-000-000 SEXC 98-04-28 S PLACED ON CALENDAR ORDER OF 2ND READING 98-04-29 98-05-13 S FILED WITH SECRETARY 98-05-13 S AMENDMENT NO. 02-DILLARD 98-05-13 S AMENDMENT REFERRED TO SRUL 98-05-13 S AMENDMENT NO. 02-DILLARD 98-05-13 S RULES REFERS TO SEXC 98-05-13 S SECOND READING 98-05-13 S PLACED ON CALENDAR ORDER OF 3RD READING 98-05-14 98-05-14 S AMENDMENT NO. 02-DILLARD 98-05-14 S BE ADOPTED SEXC/011-000-000 98-05-14 S ADDED AS A CO-SPONSOR RADOGNO 98-05-14 S RECALLED TO SECOND READING 98-05-14 S AMENDMENT NO. 02-DILLARD 98-05-14 S ADOPTED 98-05-14 S PLACED ON CALENDAR ORDER OF 3RD READING 98-05-14 S THIRD READING - PASSED 057-000-000 98-05-15 H ARRIVE IN HOUSE 98-05-15 H PLACED ON CALENDAR ORDER OF CONCURRENCE 02 98-05-15 H MOTION FILED CONCUR 02/HOFFMAN 98-05-15 H MOTION REFERRED TO HRUL 98-05-15 H CALENDAR ORDER OF CONCURRENCE 02 98-05-18 H MOTION REFERRED TO HREG/02 98-05-18 H CALENDAR ORDER OF CONCURRENCE 02 98-05-19 H APPROVED FOR CONSIDERATION - COMPLIANCE 02/014-000-000 98-05-19 H HSE CONCURS IN SEN AMENDMENTS (NO.) 02/116-000-000 98-05-19 H PASSED BOTH HOUSES 98-06-17 H SENT TO THE GOVERNOR 98-08-13 H GOVERNOR APPROVED 98-08-13 H EFFECTIVE DATE 98-08-13 98-08-13 H PUBLIC ACT.............................. 90-0739 END OF INQUIRY Full Text Bill Summary