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Full Text of HB2829
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HB2829 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2829
Introduced 2/6/2025, by Rep. Charles Meier
SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.1030 new
235 ILCS 5/6-40 new
235 ILCS 5/6-45 new
235 ILCS 5/8-1
Amends the Liquor Control Act of 1934. Provides that, beginning
January 1, 2026, $0.25 of every $1 of the remainder of the tax imposed by
the Act on wine that was manufactured in this State shall be deposited into
the Illinois Wine Promotion Fund. Creates the Illinois Wine Promotion Fund
as a special fund in the State treasury to be used by the Department of
Agriculture only for the purpose of distributing grants to wine
manufacturers and grape growers located in a wine trail from
appropriations made from the Illinois Wine Promotion Fund for that purpose
and administering and maintaining the Illinois Winery Advisory Council.
Establishes the Illinois Winery Advisory Council to oversee and provide
advice to the Department of Agriculture regarding the distribution of
grants from the Illinois Wine Promotion Fund. Sets forth provisions
concerning the membership of the Advisory Council, quarterly meetings,
reimbursement of expenses, and vacancies. Amends the State Finance Act to
make a conforming change.
LRB104 08914 RPS 18969 b
A BILL FOR
HB2829
LRB104 08914 RPS 18969 b
1
AN ACT concerning liquor.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The State Finance Act is amended by adding
5
Section 5.1030 as follows:
6
(30 ILCS 105/5.1030 new)
7
Sec. 5.1030.
The Illinois Wine Promotion Fund.
8
Section 10.
The Liquor Control Act of 1934 is amended by
9
changing Section 8-1 and by adding Section 6-40 and 6-45 as
10
follows:
11
(235 ILCS 5/6-40 new)
12
Sec. 6-40.
Illinois Wine Promotion Fund.
13
(a) In this Section, "wine trail" means a geographic area
14
of the State designated by the Department of Agriculture in
15
which significant wine manufacturing occurs.
16
(b) The Illinois Wine Promotion Fund is created as a
17
special fund in the State treasury. Moneys in the Fund may be
18
used by the Department of Agriculture to distribute grants to
19
wine manufacturers and grape growers located in a wine trail
20
from appropriations made from the Fund for that purpose and to
21
administer and maintain the Illinois Winery Advisory Council.
HB2829
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LRB104 08914 RPS 18969 b
1
(235 ILCS 5/6-45 new)
2
Sec. 6-45.
Illinois Winery Advisory Council.
3
(a) The Illinois Winery Advisory Council is established to
4
oversee and provide advice to the Department of Agriculture
5
regarding the distribution of grants from the Illinois Wine
6
Promotion Fund.
7
(b) The Advisory Council shall consist of 7 members
8
appointed by the Director of Agriculture, after consultation
9
with Illinois wine manufacturers and stakeholders. Each member
10
appointed to the Advisory Council must represent a
11
geographically distinct area of the State.
12
(c) After all the members are appointed, they shall elect
13
a chairperson from among themselves. The Advisory Council
14
shall meet not less than quarterly.
15
(d) Advisory Council members shall serve without
16
compensation but may be reimbursed for their expenses incurred
17
in performing their duties.
18
(e) If a vacancy occurs in the Advisory Council, the
19
Director of Agriculture shall appoint a replacement.
20
(235 ILCS 5/8-1)
21
Sec. 8-1.
A tax is imposed upon the privilege of engaging
22
in business as a manufacturer or as an importing distributor
23
of alcoholic liquor other than beer at the rate of $0.185 per
24
gallon until September 1, 2009 and $0.231 per gallon beginning
HB2829
- 3 -
LRB104 08914 RPS 18969 b
1
September 1, 2009 for cider containing not less than 0.5%
2
alcohol by volume nor more than 7% alcohol by volume, $0.73 per
3
gallon until September 1, 2009 and $1.39 per gallon beginning
4
September 1, 2009 for wine other than cider containing less
5
than 7% alcohol by volume, and $4.50 per gallon until
6
September 1, 2009 and $8.55 per gallon beginning September 1,
7
2009 on alcohol and spirits manufactured and sold or used by
8
such manufacturer, or as agent for any other person, or sold or
9
used by such importing distributor, or as agent for any other
10
person. A tax is imposed upon the privilege of engaging in
11
business as a manufacturer of beer or as an importing
12
distributor of beer at the rate of $0.185 per gallon until
13
September 1, 2009 and $0.231 per gallon beginning September 1,
14
2009 on all beer, regardless of alcohol by volume,
15
manufactured and sold or used by such manufacturer, or as
16
agent for any other person, or sold or used by such importing
17
distributor, or as agent for any other person. Any brewer
18
manufacturing beer in this State shall be entitled to and
19
given a credit or refund of 75% of the tax imposed on each
20
gallon of beer up to 4.9 million gallons per year in any given
21
calendar year for tax paid or payable on beer produced and sold
22
in the State of Illinois.
23
For purposes of this Section, "beer" means beer, ale,
24
porter, stout, and other similar fermented beverages of any
25
name or description containing one-half of one percent or more
26
of alcohol by volume, brewed or produced from malt, wholly or
HB2829
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LRB104 08914 RPS 18969 b
1
in part, or from any substitute for malt.
2
For the purpose of this Section, "cider" means any
3
alcoholic beverage obtained by the alcohol fermentation of the
4
juice of apples or pears including, but not limited to,
5
flavored, sparkling, or carbonated cider.
6
The credit or refund created by this Act shall apply to all
7
beer taxes in the calendar years 1982 through 1986.
8
The increases made by this amendatory Act of the 91st
9
General Assembly in the rates of taxes imposed under this
10
Section shall apply beginning on July 1, 1999.
11
A tax at the rate of 1¢ per gallon on beer and 48¢ per
12
gallon on alcohol and spirits is also imposed upon the
13
privilege of engaging in business as a retailer or as a
14
distributor who is not also an importing distributor with
15
respect to all beer and all alcohol and spirits owned or
16
possessed by such retailer or distributor when this amendatory
17
Act of 1969 becomes effective, and with respect to which the
18
additional tax imposed by this amendatory Act upon
19
manufacturers and importing distributors does not apply.
20
Retailers and distributors who are subject to the additional
21
tax imposed by this paragraph of this Section shall be
22
required to inventory such alcoholic liquor and to pay this
23
additional tax in a manner prescribed by the Department.
24
The provisions of this Section shall be construed to apply
25
to any importing distributor engaging in business in this
26
State, whether licensed or not.
HB2829
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LRB104 08914 RPS 18969 b
1
However, such tax is not imposed upon any such business as
2
to any alcoholic liquor shipped outside Illinois by an
3
Illinois licensed manufacturer or importing distributor, nor
4
as to any alcoholic liquor delivered in Illinois by an
5
Illinois licensed manufacturer or importing distributor to a
6
purchaser for immediate transportation by the purchaser to
7
another state into which the purchaser has a legal right,
8
under the laws of such state, to import such alcoholic liquor,
9
nor as to any alcoholic liquor other than beer sold by one
10
Illinois licensed manufacturer or importing distributor to
11
another Illinois licensed manufacturer or importing
12
distributor to the extent to which the sale of alcoholic
13
liquor other than beer by one Illinois licensed manufacturer
14
or importing distributor to another Illinois licensed
15
manufacturer or importing distributor is authorized by the
16
licensing provisions of this Act, nor to alcoholic liquor
17
whether manufactured in or imported into this State when sold
18
to a "non-beverage user" licensed by the State for use in the
19
manufacture of any of the following when they are unfit for
20
beverage purposes:
21
Patent and proprietary medicines and medicinal,
22
antiseptic, culinary and toilet preparations;
23
Flavoring extracts and syrups and food products;
24
Scientific, industrial and chemical products, excepting
25
denatured alcohol;
26
Or for scientific, chemical, experimental or mechanical
HB2829
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LRB104 08914 RPS 18969 b
1
purposes;
2
Nor is the tax imposed upon the privilege of engaging in
3
any business in interstate commerce or otherwise, which
4
business may not, under the Constitution and Statutes of the
5
United States, be made the subject of taxation by this State.
6
The tax herein imposed shall be in addition to all other
7
occupation or privilege taxes imposed by the State of Illinois
8
or political subdivision thereof.
9
If any alcoholic liquor manufactured in or imported into
10
this State is sold to a licensed manufacturer or importing
11
distributor by a licensed manufacturer or importing
12
distributor to be used solely as an ingredient in the
13
manufacture of any beverage for human consumption, the tax
14
imposed upon such purchasing manufacturer or importing
15
distributor shall be reduced by the amount of the taxes which
16
have been paid by the selling manufacturer or importing
17
distributor under this Act as to such alcoholic liquor so used
18
to the Department of Revenue.
19
If any person received any alcoholic liquors from a
20
manufacturer or importing distributor, with respect to which
21
alcoholic liquors no tax is imposed under this Article, and
22
such alcoholic liquor shall thereafter be disposed of in such
23
manner or under such circumstances as may cause the same to
24
become the base for the tax imposed by this Article, such
25
person shall make the same reports and returns, pay the same
26
taxes and be subject to all other provisions of this Article
HB2829
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LRB104 08914 RPS 18969 b
1
relating to manufacturers and importing distributors.
2
Nothing in this Article shall be construed to require the
3
payment to the Department of the taxes imposed by this Article
4
more than once with respect to any quantity of alcoholic
5
liquor sold or used within this State.
6
No tax is imposed by this Act on sales of alcoholic liquor
7
by Illinois licensed foreign importers to Illinois licensed
8
importing distributors.
9
All of the proceeds of the additional tax imposed by
10
Public Act 96-34 shall be deposited by the Department into the
11
Capital Projects Fund. The remainder of the tax imposed by
12
this Act shall be deposited by the Department into the General
13
Revenue Fund
; except that, beginning January 1, 2026, $0.25 of
14
every $1 of the remainder of the tax imposed by this Act on
15
wine that was manufactured in this State shall be deposited
16
into the Illinois Wine Promotion Fund
.
17
A manufacturer of beer that imports or transfers beer into
18
this State must comply with the provisions of this Section
19
with regard to the beer imported into this State.
20
The provisions of this Section 8-1 are severable under
21
Section 1.31 of the Statute on Statutes.
22
(Source: P.A. 100-885, eff. 8-14-18; 101-16, eff. 6-14-19.)
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