As the Illinois Senate convenes for a three-day “lame duck” session, the Associated Beer Distributors of Illinois is making a last-minute push for legislation to strip Anheuser-Busch of its minority ownership interest in an Illinois distributor.
The ABDI, an organization representing wholesalers in Illinois, called on lawmakers to amend legislation addressing the ownership of a distributor by a brewer ASAP.
“Many in the General Assembly believe that corrective action should be taken by the 97th General Assembly because it was this General Assembly that passed SB 754 and it was this General Assembly‘s legislative intent that the Commission ignored. SB 754 became law (P.A. 97-0005) on June 1, 2011. The legislation was initiated as a result of Judge Dow’s decision in AB v. Schnorf that, among other statements opposing AB’s ability to own distributorships, stated, “. . . the regulation of the distribution of liquor is a matter of public policy and a quintessential legislative function,” a press release states.
The 98th General Assembly will be sworn in a week from today. Not only will that ceremony usher in a number of new faces in both the House and Senate but it effectively hits reset on the legislative calendar and all the bills that were introduced over the last year.
The release goes on to say the legislature could act in short order to get something passed.
“Corrective legislation can be passed in as little as one day by amending an existing bill in the Senate. The original bill (SB 754) received overwhelming legislative support with only one negative vote (Senate: 48 yes – 1 no – 3 present, House: 112 yes – 0 no – 3 present).”
ABDI President Bill Olson tells GuysDrinkingBeer there are a number of bills that could be amended with the new, unspecified language, although the organization hasn’t targeted a specific bill to amend.
The ABDI’s push is in response to the Illinois Liquor Control Commission’s Halloween day decision to allow Anheuser-Busch – through a wholly owned subsidiary – to maintain a minority interest in Illinois wholesaler City Beverage, ending a years-long debate. While the ABDI, and other groups, claim the Craft Brewer Act prohibits a brewer from owning a distributor – through the intent of the bill – the Liquor Control Commission said that exact language wasn’t written into the law and allowed the ownership to stand.
“The Commission’s October 31, 2012, ruling created public policy contrary to the public policy created by the General Assembly when passing SB 754,” said Olson. “The General Assembly needs to reinforce its public policy as passed in SB 754 that no brewer, large or small, can hold a distributorship license or interest in a distributorship.”
The Illinois Senate will be in Wednesday through Friday and the Illinois House will be in Sunday through Tuesday.