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

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3022

Introduced , by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:
235 ILCS 5/8-1

    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.
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A BILL FOR

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1    AN ACT concerning liquor.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 8-1 as follows:
6    (235 ILCS 5/8-1)
7    Sec. 8-1. A tax is imposed upon the privilege of engaging
8in business as a manufacturer or as an importing distributor
9of alcoholic liquor other than beer at the rate of $0.185 per
10gallon until September 1, 2009 and $0.231 per gallon beginning
11September 1, 2009 for cider containing not less than 0.5%
12alcohol by volume nor more than 7% alcohol by volume, $0.73 per
13gallon until September 1, 2009 and $1.39 per gallon beginning
14September 1, 2009 for wine other than cider containing less
15than 7% alcohol by volume, and $4.50 per gallon until
16September 1, 2009 and $8.55 per gallon beginning September 1,
172009 on alcohol and spirits manufactured and sold or used by
18such manufacturer, or as agent for any other person, or sold or
19used by such importing distributor, or as agent for any other
20person. A tax is imposed upon the privilege of engaging in
21business as a manufacturer of beer or as an importing
22distributor of beer at the rate of $0.185 per gallon until
23September 1, 2009 and $0.231 per gallon beginning September 1,

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12009 on all beer, regardless of alcohol by volume,
2manufactured and sold or used by such manufacturer, or as
3agent for any other person, or sold or used by such importing
4distributor, or as agent for any other person. Any brewer
5manufacturing beer in this State shall be entitled to and
6given a credit or refund of 75% of the tax imposed on each
7gallon of beer up to 4.9 million gallons per year in any given
8calendar year for tax paid or payable on beer produced and sold
9in the State of Illinois.
10    For purposes of this Section, "beer" means beer, ale,
11porter, stout, and other similar fermented beverages of any
12name or description containing one-half of one percent or more
13of alcohol by volume, brewed or produced from malt, wholly or
14in part, or from any substitute for malt.
15    For the purpose of this Section, "cider" means any
16alcoholic beverage obtained by the alcohol fermentation of the
17juice of apples or pears including, but not limited to,
18flavored, sparkling, or carbonated cider.
19    The credit or refund created by this Act shall apply to all
20beer taxes in the calendar years 1982 through 1986.
21    The increases made by this amendatory Act of the 91st
22General Assembly in the rates of taxes imposed under this
23Section shall apply beginning on July 1, 1999.
24    A tax at the rate of 1¢ per gallon on beer and 48¢ per
25gallon on alcohol and spirits is also imposed upon the
26privilege of engaging in business as a retailer or as a

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1distributor who is not also an importing distributor with
2respect to all beer and all alcohol and spirits owned or
3possessed by such retailer or distributor when this amendatory
4Act of 1969 becomes effective, and with respect to which the
5additional tax imposed by this amendatory Act upon
6manufacturers and importing distributors does not apply.
7Retailers and distributors who are subject to the additional
8tax imposed by this paragraph of this Section shall be
9required to inventory such alcoholic liquor and to pay this
10additional tax in a manner prescribed by the Department.
11    The provisions of this Section shall be construed to apply
12to any importing distributor engaging in business in this
13State, whether licensed or not.
14    However, such tax is not imposed upon any such business as
15to any alcoholic liquor shipped outside Illinois by an
16Illinois licensed manufacturer or importing distributor, nor
17as to any alcoholic liquor delivered in Illinois by an
18Illinois licensed manufacturer or importing distributor to a
19purchaser for immediate transportation by the purchaser to
20another state into which the purchaser has a legal right,
21under the laws of such state, to import such alcoholic liquor,
22nor as to any alcoholic liquor other than beer sold by one
23Illinois licensed manufacturer or importing distributor to
24another Illinois licensed manufacturer or importing
25distributor to the extent to which the sale of alcoholic
26liquor other than beer by one Illinois licensed manufacturer

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1or importing distributor to another Illinois licensed
2manufacturer or importing distributor is authorized by the
3licensing provisions of this Act, nor to alcoholic liquor
4whether manufactured in or imported into this State when sold
5to a "non-beverage user" licensed by the State for use in the
6manufacture of any of the following when they are unfit for
7beverage purposes:
8    Patent and proprietary medicines and medicinal,
9antiseptic, culinary and toilet preparations;
10    Flavoring extracts and syrups and food products;
11    Scientific, industrial and chemical products, excepting
12denatured alcohol;
13    Or for scientific, chemical, experimental or mechanical
14purposes;
15    Nor is the tax imposed upon the privilege of engaging in
16any business in interstate commerce or otherwise, which
17business may not, under the Constitution and Statutes of the
18United States, be made the subject of taxation by this State.
19    The tax herein imposed shall be in addition to all other
20occupation or privilege taxes imposed by the State of Illinois
21or political subdivision thereof.
22    If any alcoholic liquor manufactured in or imported into
23this State is sold to a licensed manufacturer or importing
24distributor by a licensed manufacturer or importing
25distributor to be used solely as an ingredient in the
26manufacture of any beverage for human consumption, the tax

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1imposed upon such purchasing manufacturer or importing
2distributor shall be reduced by the amount of the taxes which
3have been paid by the selling manufacturer or importing
4distributor under this Act as to such alcoholic liquor so used
5to the Department of Revenue.
6    If any person received any alcoholic liquors from a
7manufacturer or importing distributor, with respect to which
8alcoholic liquors no tax is imposed under this Article, and
9such alcoholic liquor shall thereafter be disposed of in such
10manner or under such circumstances as may cause the same to
11become the base for the tax imposed by this Article, such
12person shall make the same reports and returns, pay the same
13taxes and be subject to all other provisions of this Article
14relating to manufacturers and importing distributors.
15    Nothing in this Article shall be construed to require the
16payment to the Department of the taxes imposed by this Article
17more than once with respect to any quantity of alcoholic
18liquor sold or used within this State.
19    No tax is imposed by this Act on sales of alcoholic liquor
20by Illinois licensed foreign importers to Illinois licensed
21importing distributors.
22    Before July 1, 2025, all All of the proceeds of the
23additional tax imposed by Public Act 96-34 shall be deposited
24by the Department into the Capital Projects Fund. The
25remainder of the tax imposed by this Act shall be deposited by
26the Department into the General Revenue Fund. On and after

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1July 1, 2025, the proceeds from the tax imposed by this Act
2shall 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
6this State must comply with the provisions of this Section
7with regard to the beer imported into this State.
8    The provisions of this Section 8-1 are severable under
9Section 1.31 of the Statute on Statutes.
10(Source: P.A. 100-885, eff. 8-14-18; 101-16, eff. 6-14-19.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.
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