91st General Assembly
Summary of HB1234
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House Sponsors:
LANG-LEITCH-HOFFMAN-TURNER,ART-TURNER,JOHN, 
   COWLISHAW AND MCKEON.

Senate Sponsors:
WALSH,T-O'MALLEY

Short description: 
BEER IND FAIR DEAL-INJUNCTIONS                                             

Synopsis of Bill as introduced:
        Amends the Beer Industry Fair Dealing Act. Changes the definition      
   of "agreement" to include operating  standards  and  amendments  to  a      
   contract,   agreement,   arrangement,  or  operating  standards  which      
   amendments  substantially  change  an  existing  contract,  agreement,      
   arrangement,  or  operating  standards.   Provides  that  the  Act  is      
   incorporated into every agreement  between  brewers  and  wholesalers.      
   Prohibits  brewers  from  engaging in certain conduct. Provides that a      
   violation of the Act shall be presumed to result in  irreparable  harm      
   to the affected party and the affected party shall be presumed to have      
   no adequate remedy at law.  Provides that proof of irreparable harm or      
   the inadequacy of a remedy at law shall not be required to establish a      
   right  to injunctive relief against a violation of the Act.  Effective      
   immediately.                                                                
        HOUSE AMENDMENT NO. 1.                                                 
        Further amends the Beer  Industry  Fair  Dealing  Act.   Provides      
   that,  although  an  affected party does not need to prove irreparable      
   harm or the inadequacy of a remedy at law in the case of a termination      
   or cancellation of an agreement by a brewer or wholesaler in violation      
   of the Act to establish a right to  injunctive  relief,  the  affected      
   party  still  must  establish  other  standards  as required by law to      
   obtain injunctive relief.                                                   
          FISCAL NOTE (Illinois Liquor Control Commission)                     
          There will be no fiscal impact.                                      
        SENATE AMENDMENT NO. 1.                                                
        Further amends the Beer Industry Fair Dealing Act. Makes  changes      
   concerning  which  party  bears  the burden of proof in a legal action      
   concerning a cancellation, termination, or failure to renew.   Removes      
   provision  that  a  termination  or  cancellation of an agreement by a      
   brewer or wholesaler in violation of the  Act  shall  be  presumed  to      
   result in irreparable harm to the affected party.                           
 
Last action on Bill: PUBLIC ACT.............................. 91-0247

   Last action date: 99-07-22

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


   END OF INQUIRY 



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