Bill Text: IL HB3022 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Liquor Control Act of 1934. Provides that, beginning on July 1, 2025, the proceeds from the tax imposed by the Act shall be deposited as follows: (1) 43% into the Capital Projects Fund; and (2) 57% into the General Revenue Fund. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-06 - Referred to Rules Committee [HB3022 Detail]
Download: Illinois-2025-HB3022-Introduced.html
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1 | AN ACT concerning liquor.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Liquor Control Act of 1934 is amended by | |||||||||||||||||||
5 | changing Section 8-1 as follows:
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6 | (235 ILCS 5/8-1) | |||||||||||||||||||
7 | Sec. 8-1. A tax is imposed upon the privilege of engaging | |||||||||||||||||||
8 | in business as a manufacturer or as an importing distributor | |||||||||||||||||||
9 | of alcoholic liquor other than beer at the rate of $0.185 per | |||||||||||||||||||
10 | gallon until September 1, 2009 and $0.231 per gallon beginning | |||||||||||||||||||
11 | September 1, 2009 for cider containing not less than 0.5% | |||||||||||||||||||
12 | alcohol by volume nor more than 7% alcohol by volume, $0.73 per | |||||||||||||||||||
13 | gallon until September 1, 2009 and $1.39 per gallon beginning | |||||||||||||||||||
14 | September 1, 2009 for wine other than cider containing less | |||||||||||||||||||
15 | than 7% alcohol by volume, and $4.50 per gallon until | |||||||||||||||||||
16 | September 1, 2009 and $8.55 per gallon beginning September 1, | |||||||||||||||||||
17 | 2009 on alcohol and spirits manufactured and sold or used by | |||||||||||||||||||
18 | such manufacturer, or as agent for any other person, or sold or | |||||||||||||||||||
19 | used by such importing distributor, or as agent for any other | |||||||||||||||||||
20 | person. A tax is imposed upon the privilege of engaging in | |||||||||||||||||||
21 | business as a manufacturer of beer or as an importing | |||||||||||||||||||
22 | distributor of beer at the rate of $0.185 per gallon until | |||||||||||||||||||
23 | September 1, 2009 and $0.231 per gallon beginning September 1, |
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1 | 2009 on all beer, regardless of alcohol by volume, | ||||||
2 | manufactured and sold or used by such manufacturer, or as | ||||||
3 | agent for any other person, or sold or used by such importing | ||||||
4 | distributor, or as agent for any other person. Any brewer | ||||||
5 | manufacturing beer in this State shall be entitled to and | ||||||
6 | given a credit or refund of 75% of the tax imposed on each | ||||||
7 | gallon of beer up to 4.9 million gallons per year in any given | ||||||
8 | calendar year for tax paid or payable on beer produced and sold | ||||||
9 | in the State of Illinois. | ||||||
10 | For purposes of this Section, "beer" means beer, ale, | ||||||
11 | porter, stout, and other similar fermented beverages of any | ||||||
12 | name or description containing one-half of one percent or more | ||||||
13 | of alcohol by volume, brewed or produced from malt, wholly or | ||||||
14 | in part, or from any substitute for malt. | ||||||
15 | For the purpose of this Section, "cider" means any | ||||||
16 | alcoholic beverage obtained by the alcohol fermentation of the | ||||||
17 | juice of apples or pears including, but not limited to, | ||||||
18 | flavored, sparkling, or carbonated cider. | ||||||
19 | The credit or refund created by this Act shall apply to all | ||||||
20 | beer taxes in the calendar years 1982 through 1986. | ||||||
21 | The increases made by this amendatory Act of the 91st | ||||||
22 | General Assembly in the rates of taxes imposed under this | ||||||
23 | Section shall apply beginning on July 1, 1999. | ||||||
24 | A tax at the rate of 1¢ per gallon on beer and 48¢ per | ||||||
25 | gallon on alcohol and spirits is also imposed upon the | ||||||
26 | privilege of engaging in business as a retailer or as a |
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1 | distributor who is not also an importing distributor with | ||||||
2 | respect to all beer and all alcohol and spirits owned or | ||||||
3 | possessed by such retailer or distributor when this amendatory | ||||||
4 | Act of 1969 becomes effective, and with respect to which the | ||||||
5 | additional tax imposed by this amendatory Act upon | ||||||
6 | manufacturers and importing distributors does not apply. | ||||||
7 | Retailers and distributors who are subject to the additional | ||||||
8 | tax imposed by this paragraph of this Section shall be | ||||||
9 | required to inventory such alcoholic liquor and to pay this | ||||||
10 | additional tax in a manner prescribed by the Department. | ||||||
11 | The provisions of this Section shall be construed to apply | ||||||
12 | to any importing distributor engaging in business in this | ||||||
13 | State, whether licensed or not. | ||||||
14 | However, such tax is not imposed upon any such business as | ||||||
15 | to any alcoholic liquor shipped outside Illinois by an | ||||||
16 | Illinois licensed manufacturer or importing distributor, nor | ||||||
17 | as to any alcoholic liquor delivered in Illinois by an | ||||||
18 | Illinois licensed manufacturer or importing distributor to a | ||||||
19 | purchaser for immediate transportation by the purchaser to | ||||||
20 | another state into which the purchaser has a legal right, | ||||||
21 | under the laws of such state, to import such alcoholic liquor, | ||||||
22 | nor as to any alcoholic liquor other than beer sold by one | ||||||
23 | Illinois licensed manufacturer or importing distributor to | ||||||
24 | another Illinois licensed manufacturer or importing | ||||||
25 | distributor to the extent to which the sale of alcoholic | ||||||
26 | liquor other than beer by one Illinois licensed manufacturer |
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1 | or importing distributor to another Illinois licensed | ||||||
2 | manufacturer or importing distributor is authorized by the | ||||||
3 | licensing provisions of this Act, nor to alcoholic liquor | ||||||
4 | whether manufactured in or imported into this State when sold | ||||||
5 | to a "non-beverage user" licensed by the State for use in the | ||||||
6 | manufacture of any of the following when they are unfit for | ||||||
7 | beverage purposes: | ||||||
8 | Patent and proprietary medicines and medicinal, | ||||||
9 | antiseptic, culinary and toilet preparations; | ||||||
10 | Flavoring extracts and syrups and food products; | ||||||
11 | Scientific, industrial and chemical products, excepting | ||||||
12 | denatured alcohol; | ||||||
13 | Or for scientific, chemical, experimental or mechanical | ||||||
14 | purposes; | ||||||
15 | Nor is the tax imposed upon the privilege of engaging in | ||||||
16 | any business in interstate commerce or otherwise, which | ||||||
17 | business may not, under the Constitution and Statutes of the | ||||||
18 | United States, be made the subject of taxation by this State. | ||||||
19 | The tax herein imposed shall be in addition to all other | ||||||
20 | occupation or privilege taxes imposed by the State of Illinois | ||||||
21 | or political subdivision thereof. | ||||||
22 | If any alcoholic liquor manufactured in or imported into | ||||||
23 | this State is sold to a licensed manufacturer or importing | ||||||
24 | distributor by a licensed manufacturer or importing | ||||||
25 | distributor to be used solely as an ingredient in the | ||||||
26 | manufacture of any beverage for human consumption, the tax |
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1 | imposed upon such purchasing manufacturer or importing | ||||||
2 | distributor shall be reduced by the amount of the taxes which | ||||||
3 | have been paid by the selling manufacturer or importing | ||||||
4 | distributor under this Act as to such alcoholic liquor so used | ||||||
5 | to the Department of Revenue. | ||||||
6 | If any person received any alcoholic liquors from a | ||||||
7 | manufacturer or importing distributor, with respect to which | ||||||
8 | alcoholic liquors no tax is imposed under this Article, and | ||||||
9 | such alcoholic liquor shall thereafter be disposed of in such | ||||||
10 | manner or under such circumstances as may cause the same to | ||||||
11 | become the base for the tax imposed by this Article, such | ||||||
12 | person shall make the same reports and returns, pay the same | ||||||
13 | taxes and be subject to all other provisions of this Article | ||||||
14 | relating to manufacturers and importing distributors. | ||||||
15 | Nothing in this Article shall be construed to require the | ||||||
16 | payment to the Department of the taxes imposed by this Article | ||||||
17 | more than once with respect to any quantity of alcoholic | ||||||
18 | liquor sold or used within this State. | ||||||
19 | No tax is imposed by this Act on sales of alcoholic liquor | ||||||
20 | by Illinois licensed foreign importers to Illinois licensed | ||||||
21 | importing distributors. | ||||||
22 | Before July 1, 2025, all All of the proceeds of the | ||||||
23 | additional tax imposed by Public Act 96-34 shall be deposited | ||||||
24 | by the Department into the Capital Projects Fund. The | ||||||
25 | remainder of the tax imposed by this Act shall be deposited by | ||||||
26 | the Department into the General Revenue Fund. On and after |
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1 | July 1, 2025, the proceeds from the tax imposed by this Act | ||||||
2 | shall be deposited as follows: | ||||||
3 | (1) 43% into the Capital Projects Fund; and | ||||||
4 | (2) 57% into the General Revenue Fund. | ||||||
5 | A manufacturer of beer that imports or transfers beer into | ||||||
6 | this State must comply with the provisions of this Section | ||||||
7 | with regard to the beer imported into this State. | ||||||
8 | The provisions of this Section 8-1 are severable under | ||||||
9 | Section 1.31 of the Statute on Statutes. | ||||||
10 | (Source: P.A. 100-885, eff. 8-14-18; 101-16, eff. 6-14-19.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law. |