Full Text of HB4456 102nd General Assembly
HB4456 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4456 Introduced 1/21/2022, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/1-160 | | 40 ILCS 5/14-110 | from Ch. 108 1/2, par. 14-110 | 40 ILCS 5/14-152.1 | | 235 ILCS 5/3-4.1 new | | 235 ILCS 5/3-12 | | 235 ILCS 5/4-4 | from Ch. 43, par. 112 | 235 ILCS 5/8-2 | from Ch. 43, par. 159 | 235 ILCS 5/10-6 | from Ch. 43, par. 188 | 235 ILCS 5/10-8 | from Ch. 43, par. 190 |
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Amends the General Provisions and State Employee Article of the Illinois Pension Code. Provides that the alternative retirement annuity under the State Employee Article applies to an investigator for the Illinois Liquor Control Commission, including an investigator for the Illinois Liquor Control Commission who is subject to the Tier 2 provisions. Authorizes investigators for the Illinois Liquor Control Commission to establish eligible creditable service under the alternative retirement annuity formula for certain service by applying and paying a specified contribution. Amends the Liquor Control Act of 1934. Provides that, subject to certain restrictions, the State Commission has the power to expend sums that the Executive Director deems necessary for the purchase of evidence and for the employment of persons to obtain evidence. Provides that an action for a violation of the Act shall be commenced by the State Commission not more than 18 months after
conviction of the violation of the Act or other State law
in a circuit court or, if there has not
been a conviction, not more than 3 years after the
violation occurred (instead of within 2 years after the date the State Commission becomes aware of the violation). Makes changes to provisions concerning notice of a violation of the Act and dismissals of an action for failing to provide that notice; inspection of premises by the State Commission and local liquor control commissioners; bonding requirements; and forfeiture of alcoholic liquor possessed, sold, shipped, or transported in violation of the Act. Makes other changes. Effective immediately.
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| | A BILL FOR |
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| | | HB4456 | | LRB102 24101 RPS 33327 b |
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| 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 Illinois Pension Code is amended by | 5 | | changing Sections 1-160, 14-110, and 14-152.1 as follows:
| 6 | | (40 ILCS 5/1-160)
| 7 | | Sec. 1-160. Provisions applicable to new hires. | 8 | | (a) The provisions of this Section apply to a person who, | 9 | | on or after January 1, 2011, first becomes a member or a | 10 | | participant under any reciprocal retirement system or pension | 11 | | fund established under this Code, other than a retirement | 12 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 13 | | 7, 15, or 18 of this Code, notwithstanding any other provision | 14 | | of this Code to the contrary, but do not apply to any | 15 | | self-managed plan established under this Code or to any | 16 | | participant of the retirement plan established under Section | 17 | | 22-101; except that this Section applies to a person who | 18 | | elected to establish alternative credits by electing in | 19 | | writing after January 1, 2011, but before August 8, 2011, | 20 | | under Section 7-145.1 of this Code. Notwithstanding anything | 21 | | to the contrary in this Section, for purposes of this Section, | 22 | | a person who is a Tier 1 regular employee as defined in Section | 23 | | 7-109.4 of this Code or who participated in a retirement |
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| 1 | | system under Article 15 prior to January 1, 2011 shall be | 2 | | deemed a person who first became a member or participant prior | 3 | | to January 1, 2011 under any retirement system or pension fund | 4 | | subject to this Section. The changes made to this Section by | 5 | | Public Act 98-596 are a clarification of existing law and are | 6 | | intended to be retroactive to January 1, 2011 (the effective | 7 | | date of Public Act 96-889), notwithstanding the provisions of | 8 | | Section 1-103.1 of this Code. | 9 | | This Section does not apply to a person who first becomes a | 10 | | noncovered employee under Article 14 on or after the | 11 | | implementation date of the plan created under Section 1-161 | 12 | | for that Article, unless that person elects under subsection | 13 | | (b) of Section 1-161 to instead receive the benefits provided | 14 | | under this Section and the applicable provisions of that | 15 | | Article. | 16 | | This Section does not apply to a person who first becomes a | 17 | | member or participant under Article 16 on or after the | 18 | | implementation date of the plan created under Section 1-161 | 19 | | for that Article, unless that person elects under subsection | 20 | | (b) of Section 1-161 to instead receive the benefits provided | 21 | | under this Section and the applicable provisions of that | 22 | | Article. | 23 | | This Section does not apply to a person who elects under | 24 | | subsection (c-5) of Section 1-161 to receive the benefits | 25 | | under Section 1-161. | 26 | | This Section does not apply to a person who first becomes a |
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| 1 | | member or participant of an affected pension fund on or after 6 | 2 | | months after the resolution or ordinance date, as defined in | 3 | | Section 1-162, unless that person elects under subsection (c) | 4 | | of Section 1-162 to receive the benefits provided under this | 5 | | Section and the applicable provisions of the Article under | 6 | | which he or she is a member or participant. | 7 | | (b) "Final average salary" means, except as otherwise | 8 | | provided in this subsection, the average monthly (or annual) | 9 | | salary obtained by dividing the total salary or earnings | 10 | | calculated under the Article applicable to the member or | 11 | | participant during the 96 consecutive months (or 8 consecutive | 12 | | years) of service within the last 120 months (or 10 years) of | 13 | | service in which the total salary or earnings calculated under | 14 | | the applicable Article was the highest by the number of months | 15 | | (or years) of service in that period. For the purposes of a | 16 | | person who first becomes a member or participant of any | 17 | | retirement system or pension fund to which this Section | 18 | | applies on or after January 1, 2011, in this Code, "final | 19 | | average salary" shall be substituted for the following: | 20 | | (1) (Blank). | 21 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 22 | | annual salary for any 4 consecutive years within the last | 23 | | 10 years of service immediately preceding the date of | 24 | | withdrawal". | 25 | | (3) In Article 13, "average final salary". | 26 | | (4) In Article 14, "final average compensation". |
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| 1 | | (5) In Article 17, "average salary". | 2 | | (6) In Section 22-207, "wages or salary received by | 3 | | him at the date of retirement or discharge". | 4 | | A member of the Teachers' Retirement System of the State | 5 | | of Illinois who retires on or after June 1, 2021 and for whom | 6 | | the 2020-2021 school year is used in the calculation of the | 7 | | member's final average salary shall use the higher of the | 8 | | following for the purpose of determining the member's final | 9 | | average salary: | 10 | | (A) the amount otherwise calculated under the first | 11 | | paragraph of this subsection; or | 12 | | (B) an amount calculated by the Teachers' Retirement | 13 | | System of the State of Illinois using the average of the | 14 | | monthly (or annual) salary obtained by dividing the total | 15 | | salary or earnings calculated under Article 16 applicable | 16 | | to the member or participant during the 96 months (or 8 | 17 | | years) of service within the last 120 months (or 10 years) | 18 | | of service in which the total salary or earnings | 19 | | calculated under the Article was the highest by the number | 20 | | of months (or years) of service in that period. | 21 | | (b-5) Beginning on January 1, 2011, for all purposes under | 22 | | this Code (including without limitation the calculation of | 23 | | benefits and employee contributions), the annual earnings, | 24 | | salary, or wages (based on the plan year) of a member or | 25 | | participant to whom this Section applies shall not exceed | 26 | | $106,800; however, that amount shall annually thereafter be |
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| 1 | | increased by the lesser of (i) 3% of that amount, including all | 2 | | previous adjustments, or (ii) one-half the annual unadjusted | 3 | | percentage increase (but not less than zero) in the consumer | 4 | | price index-u
for the 12 months ending with the September | 5 | | preceding each November 1, including all previous adjustments. | 6 | | For the purposes of this Section, "consumer price index-u" | 7 | | means
the index published by the Bureau of Labor Statistics of | 8 | | the United States
Department of Labor that measures the | 9 | | average change in prices of goods and
services purchased by | 10 | | all urban consumers, United States city average, all
items, | 11 | | 1982-84 = 100. The new amount resulting from each annual | 12 | | adjustment
shall be determined by the Public Pension Division | 13 | | of the Department of Insurance and made available to the | 14 | | boards of the retirement systems and pension funds by November | 15 | | 1 of each year. | 16 | | (c) A member or participant is entitled to a retirement
| 17 | | annuity upon written application if he or she has attained age | 18 | | 67 (age 65, with respect to service under Article 12 that is | 19 | | subject to this Section, for a member or participant under | 20 | | Article 12 who first becomes a member or participant under | 21 | | Article 12 on or after January 1, 2022 or who makes the | 22 | | election under item (i) of subsection (d-15) of this Section) | 23 | | and has at least 10 years of service credit and is otherwise | 24 | | eligible under the requirements of the applicable Article. | 25 | | A member or participant who has attained age 62 (age 60, | 26 | | with respect to service under Article 12 that is subject to |
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| 1 | | this Section, for a member or participant under Article 12 who | 2 | | first becomes a member or participant under Article 12 on or | 3 | | after January 1, 2022 or who makes the election under item (i) | 4 | | of subsection (d-15) of this Section) and has at least 10 years | 5 | | of service credit and is otherwise eligible under the | 6 | | requirements of the applicable Article may elect to receive | 7 | | the lower retirement annuity provided
in subsection (d) of | 8 | | this Section. | 9 | | (c-5) A person who first becomes a member or a participant | 10 | | subject to this Section on or after July 6, 2017 (the effective | 11 | | date of Public Act 100-23), notwithstanding any other | 12 | | provision of this Code to the contrary, is entitled to a | 13 | | retirement annuity under Article 8 or Article 11 upon written | 14 | | application if he or she has attained age 65 and has at least | 15 | | 10 years of service credit and is otherwise eligible under the | 16 | | requirements of Article 8 or Article 11 of this Code, | 17 | | whichever is applicable. | 18 | | (d) The retirement annuity of a member or participant who | 19 | | is retiring after attaining age 62 (age 60, with respect to | 20 | | service under Article 12 that is subject to this Section, for a | 21 | | member or participant under Article 12 who first becomes a | 22 | | member or participant under Article 12 on or after January 1, | 23 | | 2022 or who makes the election under item (i) of subsection | 24 | | (d-15) of this Section) with at least 10 years of service | 25 | | credit shall be reduced by one-half
of 1% for each full month | 26 | | that the member's age is under age 67 (age 65, with respect to |
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| 1 | | service under Article 12 that is subject to this Section, for a | 2 | | member or participant under Article 12 who first becomes a | 3 | | member or participant under Article 12 on or after January 1, | 4 | | 2022 or who makes the election under item (i) of subsection | 5 | | (d-15) of this Section). | 6 | | (d-5) The retirement annuity payable under Article 8 or | 7 | | Article 11 to an eligible person subject to subsection (c-5) | 8 | | of this Section who is retiring at age 60 with at least 10 | 9 | | years of service credit shall be reduced by one-half of 1% for | 10 | | each full month that the member's age is under age 65. | 11 | | (d-10) Each person who first became a member or | 12 | | participant under Article 8 or Article 11 of this Code on or | 13 | | after January 1, 2011 and prior to July 6, 2017 ( the effective | 14 | | date of Public Act 100-23) this amendatory Act of the 100th | 15 | | General Assembly shall make an irrevocable election either: | 16 | | (i) to be eligible for the reduced retirement age | 17 | | provided in subsections (c-5)
and (d-5) of this Section, | 18 | | the eligibility for which is conditioned upon the member | 19 | | or participant agreeing to the increases in employee | 20 | | contributions for age and service annuities provided in | 21 | | subsection (a-5) of Section 8-174 of this Code (for | 22 | | service under Article 8) or subsection (a-5) of Section | 23 | | 11-170 of this Code (for service under Article 11); or | 24 | | (ii) to not agree to item (i) of this subsection | 25 | | (d-10), in which case the member or participant shall | 26 | | continue to be subject to the retirement age provisions in |
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| 1 | | subsections (c) and (d) of this Section and the employee | 2 | | contributions for age and service annuity as provided in | 3 | | subsection (a) of Section 8-174 of this Code (for service | 4 | | under Article 8) or subsection (a) of Section 11-170 of | 5 | | this Code (for service under Article 11). | 6 | | The election provided for in this subsection shall be made | 7 | | between October 1, 2017 and November 15, 2017. A person | 8 | | subject to this subsection who makes the required election | 9 | | shall remain bound by that election. A person subject to this | 10 | | subsection who fails for any reason to make the required | 11 | | election within the time specified in this subsection shall be | 12 | | deemed to have made the election under item (ii). | 13 | | (d-15) Each person who first becomes a member or | 14 | | participant under Article 12 on or after January 1, 2011 and | 15 | | prior to January 1, 2022 shall make an irrevocable election | 16 | | either: | 17 | | (i) to be eligible for the reduced retirement age | 18 | | specified in subsections (c) and (d) of this Section, the | 19 | | eligibility for which is conditioned upon the member or | 20 | | participant agreeing to the increase in employee | 21 | | contributions for service annuities specified in | 22 | | subsection (b) of Section 12-150; or | 23 | | (ii) to not agree to item (i) of this subsection | 24 | | (d-15), in which case the member or participant shall not | 25 | | be eligible for the reduced retirement age specified in | 26 | | subsections (c) and (d) of this Section and shall not be |
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| 1 | | subject to the increase in employee contributions for | 2 | | service annuities specified in subsection (b) of Section | 3 | | 12-150. | 4 | | The election provided for in this subsection shall be made | 5 | | between January 1, 2022 and April 1, 2022. A person subject to | 6 | | this subsection who makes the required election shall remain | 7 | | bound by that election. A person subject to this subsection | 8 | | who fails for any reason to make the required election within | 9 | | the time specified in this subsection shall be deemed to have | 10 | | made the election under item (ii). | 11 | | (e) Any retirement annuity or supplemental annuity shall | 12 | | be subject to annual increases on the January 1 occurring | 13 | | either on or after the attainment of age 67 (age 65, with | 14 | | respect to service under Article 12 that is subject to this | 15 | | Section, for a member or participant under Article 12 who | 16 | | first becomes a member or participant under Article 12 on or | 17 | | after January 1, 2022 or who makes the election under item (i) | 18 | | of subsection (d-15); and beginning on July 6, 2017 ( the | 19 | | effective date of Public Act 100-23) this amendatory Act of | 20 | | the 100th General Assembly , age 65 with respect to service | 21 | | under Article 8 or Article 11 for eligible persons who: (i) are | 22 | | subject to subsection (c-5) of this Section; or (ii) made the | 23 | | election under item (i) of subsection (d-10) of this Section) | 24 | | or the first anniversary of the annuity start date, whichever | 25 | | is later. Each annual increase shall be calculated at 3% or | 26 | | one-half the annual unadjusted percentage increase (but not |
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| 1 | | less than zero) in the consumer price index-u for the 12 months | 2 | | ending with the September preceding each November 1, whichever | 3 | | is less, of the originally granted retirement annuity. If the | 4 | | annual unadjusted percentage change in the consumer price | 5 | | index-u for the 12 months ending with the September preceding | 6 | | each November 1 is zero or there is a decrease, then the | 7 | | annuity shall not be increased. | 8 | | For the purposes of Section 1-103.1 of this Code, the | 9 | | changes made to this Section by Public Act 102-263 this | 10 | | amendatory Act of the 102nd General Assembly are applicable | 11 | | without regard to whether the employee was in active service | 12 | | on or after August 6, 2021 ( the effective date of Public Act | 13 | | 102-263) this amendatory Act of the 102nd General Assembly . | 14 | | For the purposes of Section 1-103.1 of this Code, the | 15 | | changes made to this Section by Public Act 100-23 this | 16 | | amendatory Act of the 100th General Assembly are applicable | 17 | | without regard to whether the employee was in active service | 18 | | on or after July 6, 2017 ( the effective date of Public Act | 19 | | 100-23) this amendatory Act of the 100th General Assembly . | 20 | | (f) The initial survivor's or widow's annuity of an | 21 | | otherwise eligible survivor or widow of a retired member or | 22 | | participant who first became a member or participant on or | 23 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 24 | | retired member's or participant's retirement annuity at the | 25 | | date of death. In the case of the death of a member or | 26 | | participant who has not retired and who first became a member |
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| 1 | | or participant on or after January 1, 2011, eligibility for a | 2 | | survivor's or widow's annuity shall be determined by the | 3 | | applicable Article of this Code. The initial benefit shall be | 4 | | 66 2/3% of the earned annuity without a reduction due to age. A | 5 | | child's annuity of an otherwise eligible child shall be in the | 6 | | amount prescribed under each Article if applicable. Any | 7 | | survivor's or widow's annuity shall be increased (1) on each | 8 | | January 1 occurring on or after the commencement of the | 9 | | annuity if
the deceased member died while receiving a | 10 | | retirement annuity or (2) in
other cases, on each January 1 | 11 | | occurring after the first anniversary
of the commencement of | 12 | | the annuity. Each annual increase shall be calculated at 3% or | 13 | | one-half the annual unadjusted percentage increase (but not | 14 | | less than zero) in the consumer price index-u for the 12 months | 15 | | ending with the September preceding each November 1, whichever | 16 | | is less, of the originally granted survivor's annuity. If the | 17 | | annual unadjusted percentage change in the consumer price | 18 | | index-u for the 12 months ending with the September preceding | 19 | | each November 1 is zero or there is a decrease, then the | 20 | | annuity shall not be increased. | 21 | | (g) The benefits in Section 14-110 apply only if the | 22 | | person is a State policeman, a fire fighter in the fire | 23 | | protection service of a department, a conservation police | 24 | | officer, an investigator for the Secretary of State, an arson | 25 | | investigator, a Commerce Commission police officer, | 26 | | investigator for the Department of Revenue , Illinois Liquor |
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| 1 | | Control Commission, or the
Illinois Gaming Board, a security | 2 | | employee of the Department of Corrections or the Department of | 3 | | Juvenile Justice, or a security employee of the Department of | 4 | | Innovation and Technology, as those terms are defined in | 5 | | subsection (b) and subsection (c) of Section 14-110. A person | 6 | | who meets the requirements of this Section is entitled to an | 7 | | annuity calculated under the provisions of Section 14-110, in | 8 | | lieu of the regular or minimum retirement annuity, only if the | 9 | | person has withdrawn from service with not less than 20
years | 10 | | of eligible creditable service and has attained age 60, | 11 | | regardless of whether
the attainment of age 60 occurs while | 12 | | the person is
still in service. | 13 | | (h) If a person who first becomes a member or a participant | 14 | | of a retirement system or pension fund subject to this Section | 15 | | on or after January 1, 2011 is receiving a retirement annuity | 16 | | or retirement pension under that system or fund and becomes a | 17 | | member or participant under any other system or fund created | 18 | | by this Code and is employed on a full-time basis, except for | 19 | | those members or participants exempted from the provisions of | 20 | | this Section under subsection (a) of this Section, then the | 21 | | person's retirement annuity or retirement pension under that | 22 | | system or fund shall be suspended during that employment. Upon | 23 | | termination of that employment, the person's retirement | 24 | | annuity or retirement pension payments shall resume and be | 25 | | recalculated if recalculation is provided for under the | 26 | | applicable Article of this Code. |
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| 1 | | If a person who first becomes a member of a retirement | 2 | | system or pension fund subject to this Section on or after | 3 | | January 1, 2012 and is receiving a retirement annuity or | 4 | | retirement pension under that system or fund and accepts on a | 5 | | contractual basis a position to provide services to a | 6 | | governmental entity from which he or she has retired, then | 7 | | that person's annuity or retirement pension earned as an | 8 | | active employee of the employer shall be suspended during that | 9 | | contractual service. A person receiving an annuity or | 10 | | retirement pension under this Code shall notify the pension | 11 | | fund or retirement system from which he or she is receiving an | 12 | | annuity or retirement pension, as well as his or her | 13 | | contractual employer, of his or her retirement status before | 14 | | accepting contractual employment. A person who fails to submit | 15 | | such notification shall be guilty of a Class A misdemeanor and | 16 | | required to pay a fine of $1,000. Upon termination of that | 17 | | contractual employment, the person's retirement annuity or | 18 | | retirement pension payments shall resume and, if appropriate, | 19 | | be recalculated under the applicable provisions of this Code. | 20 | | (i) (Blank). | 21 | | (j) In the case of a conflict between the provisions of | 22 | | this Section and any other provision of this Code, the | 23 | | provisions of this Section shall control.
| 24 | | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | 25 | | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
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| 1 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 2 | | Sec. 14-110. Alternative retirement annuity.
| 3 | | (a) Any member who has withdrawn from service with not | 4 | | less than 20
years of eligible creditable service and has | 5 | | attained age 55, and any
member who has withdrawn from service | 6 | | with not less than 25 years of
eligible creditable service and | 7 | | has attained age 50, regardless of whether
the attainment of | 8 | | either of the specified ages occurs while the member is
still | 9 | | in service, shall be entitled to receive at the option of the | 10 | | member,
in lieu of the regular or minimum retirement annuity, | 11 | | a retirement annuity
computed as follows:
| 12 | | (i) for periods of service as a noncovered employee:
| 13 | | if retirement occurs on or after January 1, 2001, 3% of | 14 | | final
average compensation for each year of creditable | 15 | | service; if retirement occurs
before January 1, 2001, 2 | 16 | | 1/4% of final average compensation for each of the
first | 17 | | 10 years of creditable service, 2 1/2% for each year above | 18 | | 10 years to
and including 20 years of creditable service, | 19 | | and 2 3/4% for each year of
creditable service above 20 | 20 | | years; and
| 21 | | (ii) for periods of eligible creditable service as a | 22 | | covered employee:
if retirement occurs on or after January | 23 | | 1, 2001, 2.5% of final average
compensation for each year | 24 | | of creditable service; if retirement occurs before
January | 25 | | 1, 2001, 1.67% of final average compensation for each of | 26 | | the first
10 years of such service, 1.90% for each of the |
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| 1 | | next 10 years of such service,
2.10% for each year of such | 2 | | service in excess of 20 but not exceeding 30, and
2.30% for | 3 | | each year in excess of 30.
| 4 | | Such annuity shall be subject to a maximum of 75% of final | 5 | | average
compensation if retirement occurs before January 1, | 6 | | 2001 or to a maximum
of 80% of final average compensation if | 7 | | retirement occurs on or after January
1, 2001.
| 8 | | These rates shall not be applicable to any service | 9 | | performed
by a member as a covered employee which is not | 10 | | eligible creditable service.
Service as a covered employee | 11 | | which is not eligible creditable service
shall be subject to | 12 | | the rates and provisions of Section 14-108.
| 13 | | (b) For the purpose of this Section, "eligible creditable | 14 | | service" means
creditable service resulting from service in | 15 | | one or more of the following
positions:
| 16 | | (1) State policeman;
| 17 | | (2) fire fighter in the fire protection service of a | 18 | | department;
| 19 | | (3) air pilot;
| 20 | | (4) special agent;
| 21 | | (5) investigator for the Secretary of State;
| 22 | | (6) conservation police officer;
| 23 | | (7) investigator for the Department of Revenue , the | 24 | | Illinois Liquor Control Commission, or the Illinois Gaming | 25 | | Board;
| 26 | | (8) security employee of the Department of Human |
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| 1 | | Services;
| 2 | | (9) Central Management Services security police | 3 | | officer;
| 4 | | (10) security employee of the Department of | 5 | | Corrections or the Department of Juvenile Justice;
| 6 | | (11) dangerous drugs investigator;
| 7 | | (12) investigator for the Illinois State Police;
| 8 | | (13) investigator for the Office of the Attorney | 9 | | General;
| 10 | | (14) controlled substance inspector;
| 11 | | (15) investigator for the Office of the State's | 12 | | Attorneys Appellate
Prosecutor;
| 13 | | (16) Commerce Commission police officer;
| 14 | | (17) arson investigator;
| 15 | | (18) State highway maintenance worker;
| 16 | | (19) security employee of the Department of Innovation | 17 | | and Technology; or | 18 | | (20) transferred employee. | 19 | | A person employed in one of the positions specified in | 20 | | this subsection is
entitled to eligible creditable service for | 21 | | service credit earned under this
Article while undergoing the | 22 | | basic police training course approved by the
Illinois Law | 23 | | Enforcement Training
Standards Board, if
completion of that | 24 | | training is required of persons serving in that position.
For | 25 | | the purposes of this Code, service during the required basic | 26 | | police
training course shall be deemed performance of the |
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| 1 | | duties of the specified
position, even though the person is | 2 | | not a sworn peace officer at the time of
the training.
| 3 | | A person under paragraph (20) is entitled to eligible | 4 | | creditable service for service credit earned under this | 5 | | Article on and after his or her transfer by Executive Order No. | 6 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 7 | | 2016-1. | 8 | | (c) For the purposes of this Section:
| 9 | | (1) The term "State policeman" includes any title or | 10 | | position
in the Illinois State Police that is held by an | 11 | | individual employed
under the Illinois State Police Act.
| 12 | | (2) The term "fire fighter in the fire protection | 13 | | service of a
department" includes all officers in such | 14 | | fire protection service
including fire chiefs and | 15 | | assistant fire chiefs.
| 16 | | (3) The term "air pilot" includes any employee whose | 17 | | official job
description on file in the Department of | 18 | | Central Management Services, or
in the department by which | 19 | | he is employed if that department is not covered
by the | 20 | | Personnel Code, states that his principal duty is the | 21 | | operation of
aircraft, and who possesses a pilot's | 22 | | license; however, the change in this
definition made by | 23 | | Public Act 83-842 this amendatory Act of 1983 shall not | 24 | | operate to exclude
any noncovered employee who was an "air | 25 | | pilot" for the purposes of this
Section on January 1, | 26 | | 1984.
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| 1 | | (4) The term "special agent" means any person who by | 2 | | reason of
employment by the Division of Narcotic Control, | 3 | | the Bureau of Investigation
or, after July 1, 1977, the | 4 | | Division of Criminal Investigation, the
Division of | 5 | | Internal Investigation, the Division of Operations, the | 6 | | Division of Patrol Operations, or any
other Division or | 7 | | organizational
entity in the Illinois State Police is | 8 | | vested by law with duties to
maintain public order, | 9 | | investigate violations of the criminal law of this
State, | 10 | | enforce the laws of this State, make arrests and recover | 11 | | property.
The term "special agent" includes any title or | 12 | | position in the Illinois State Police that is held by an | 13 | | individual employed under the Illinois State
Police Act.
| 14 | | (5) The term "investigator for the Secretary of State" | 15 | | means any person
employed by the Office of the Secretary | 16 | | of State and vested with such
investigative duties as | 17 | | render him ineligible for coverage under the Social
| 18 | | Security Act by reason of Sections 218(d)(5)(A), | 19 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 20 | | A person who became employed as an investigator for | 21 | | the Secretary of
State between January 1, 1967 and | 22 | | December 31, 1975, and who has served as
such until | 23 | | attainment of age 60, either continuously or with a single | 24 | | break
in service of not more than 3 years duration, which | 25 | | break terminated before
January 1, 1976, shall be entitled | 26 | | to have his retirement annuity
calculated in accordance |
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| 1 | | with subsection (a), notwithstanding
that he has less than | 2 | | 20 years of credit for such service.
| 3 | | (6) The term "Conservation Police Officer" means any | 4 | | person employed
by the Division of Law Enforcement of the | 5 | | Department of Natural Resources and
vested with such law | 6 | | enforcement duties as render him ineligible for coverage
| 7 | | under the Social Security Act by reason of Sections | 8 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 9 | | term "Conservation Police Officer" includes
the positions | 10 | | of Chief Conservation Police Administrator and Assistant
| 11 | | Conservation Police Administrator.
| 12 | | (7) The term "investigator for the Department of | 13 | | Revenue" means any
person employed by the Department of | 14 | | Revenue and vested with such
investigative duties as | 15 | | render him ineligible for coverage under the Social
| 16 | | Security Act by reason of Sections 218(d)(5)(A), | 17 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 18 | | The term "investigator for the Illinois Liquor Control | 19 | | Commission" means any person employed as such by the | 20 | | Illinois Liquor Control Commission and vested with such | 21 | | peace officer duties as render the person ineligible for | 22 | | coverage under the Social Security Act by reason of | 23 | | Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that | 24 | | Act. | 25 | | The term "investigator for the Illinois Gaming Board" | 26 | | means any
person employed as such by the Illinois Gaming |
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| 1 | | Board and vested with such
peace officer duties as render | 2 | | the person ineligible for coverage under the Social
| 3 | | Security Act by reason of Sections 218(d)(5)(A), | 4 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 5 | | (8) The term "security employee of the Department of | 6 | | Human Services"
means any person employed by the | 7 | | Department of Human Services who (i) is
employed at the | 8 | | Chester Mental Health Center and has daily contact with | 9 | | the
residents thereof, (ii) is employed within a security | 10 | | unit at a facility
operated by the Department and has | 11 | | daily contact with the residents of the
security unit, | 12 | | (iii) is employed at a facility operated by the Department
| 13 | | that includes a security unit and is regularly scheduled | 14 | | to work at least
50% of his or her working hours within | 15 | | that security unit, or (iv) is a mental health police | 16 | | officer.
"Mental health police officer" means any person | 17 | | employed by the Department of
Human Services in a position | 18 | | pertaining to the Department's mental health and
| 19 | | developmental disabilities functions who is vested with | 20 | | such law enforcement
duties as render the person | 21 | | ineligible for coverage under the Social Security
Act by | 22 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 23 | | 218(l)(1) of that
Act. "Security unit" means that portion | 24 | | of a facility that is devoted to
the care, containment, | 25 | | and treatment of persons committed to the Department of
| 26 | | Human Services as sexually violent persons, persons unfit |
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| 1 | | to stand trial, or
persons not guilty by reason of | 2 | | insanity. With respect to past employment,
references to | 3 | | the Department of Human Services include its predecessor, | 4 | | the
Department of Mental Health and Developmental | 5 | | Disabilities.
| 6 | | The changes made to this subdivision (c)(8) by Public | 7 | | Act 92-14 apply to persons who retire on or after January | 8 | | 1,
2001, notwithstanding Section 1-103.1.
| 9 | | (9) "Central Management Services security police | 10 | | officer" means any
person employed by the Department of | 11 | | Central Management Services who is
vested with such law | 12 | | enforcement duties as render him ineligible for
coverage | 13 | | under the Social Security Act by reason of Sections | 14 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 15 | | (10) For a member who first became an employee under | 16 | | this Article before July 1, 2005, the term "security | 17 | | employee of the Department of Corrections or the | 18 | | Department of Juvenile Justice"
means any employee of the | 19 | | Department of Corrections or the Department of Juvenile | 20 | | Justice or the former
Department of Personnel, and any | 21 | | member or employee of the Prisoner
Review Board, who has | 22 | | daily contact with inmates or youth by working within a
| 23 | | correctional facility or Juvenile facility operated by the | 24 | | Department of Juvenile Justice or who is a parole officer | 25 | | or an employee who has
direct contact with committed | 26 | | persons in the performance of his or her
job duties. For a |
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| 1 | | member who first becomes an employee under this Article on | 2 | | or after July 1, 2005, the term means an employee of the | 3 | | Department of Corrections or the Department of Juvenile | 4 | | Justice who is any of the following: (i) officially | 5 | | headquartered at a correctional facility or Juvenile | 6 | | facility operated by the Department of Juvenile Justice, | 7 | | (ii) a parole officer, (iii) a member of the apprehension | 8 | | unit, (iv) a member of the intelligence unit, (v) a member | 9 | | of the sort team, or (vi) an investigator.
| 10 | | (11) The term "dangerous drugs investigator" means any | 11 | | person who is
employed as such by the Department of Human | 12 | | Services.
| 13 | | (12) The term "investigator for the Illinois State | 14 | | Police" means
a person employed by the Illinois State | 15 | | Police who is vested under
Section 4 of the Narcotic | 16 | | Control Division Abolition Act with such
law enforcement | 17 | | powers as render him ineligible for coverage under the
| 18 | | Social Security Act by reason of Sections 218(d)(5)(A), | 19 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 20 | | (13) "Investigator for the Office of the Attorney | 21 | | General" means any
person who is employed as such by the | 22 | | Office of the Attorney General and
is vested with such | 23 | | investigative duties as render him ineligible for
coverage | 24 | | under the Social Security Act by reason of Sections | 25 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 26 | | the period before January 1,
1989, the term includes all |
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| 1 | | persons who were employed as investigators by the
Office | 2 | | of the Attorney General, without regard to social security | 3 | | status.
| 4 | | (14) "Controlled substance inspector" means any person | 5 | | who is employed
as such by the Department of Professional | 6 | | Regulation and is vested with such
law enforcement duties | 7 | | as render him ineligible for coverage under the Social
| 8 | | Security Act by reason of Sections 218(d)(5)(A), | 9 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 10 | | "controlled substance inspector" includes the Program
| 11 | | Executive of Enforcement and the Assistant Program | 12 | | Executive of Enforcement.
| 13 | | (15) The term "investigator for the Office of the | 14 | | State's Attorneys
Appellate Prosecutor" means a person | 15 | | employed in that capacity on a full-time full
time basis | 16 | | under the authority of Section 7.06 of the State's | 17 | | Attorneys
Appellate Prosecutor's Act.
| 18 | | (16) "Commerce Commission police officer" means any | 19 | | person employed
by the Illinois Commerce Commission who is | 20 | | vested with such law
enforcement duties as render him | 21 | | ineligible for coverage under the Social
Security Act by | 22 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 23 | | 218(l)(1) of that Act.
| 24 | | (17) "Arson investigator" means any person who is | 25 | | employed as such by
the Office of the State Fire Marshal | 26 | | and is vested with such law enforcement
duties as render |
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| 1 | | the person ineligible for coverage under the Social | 2 | | Security
Act by reason of Sections 218(d)(5)(A), | 3 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 4 | | employed as an arson
investigator on January 1, 1995 and | 5 | | is no longer in service but not yet
receiving a retirement | 6 | | annuity may convert his or her creditable service for
| 7 | | employment as an arson investigator into eligible | 8 | | creditable service by paying
to the System the difference | 9 | | between the employee contributions actually paid
for that | 10 | | service and the amounts that would have been contributed | 11 | | if the
applicant were contributing at the rate applicable | 12 | | to persons with the same
social security status earning | 13 | | eligible creditable service on the date of
application.
| 14 | | (18) The term "State highway maintenance worker" means | 15 | | a person who is
either of the following:
| 16 | | (i) A person employed on a full-time basis by the | 17 | | Illinois
Department of Transportation in the position | 18 | | of
highway maintainer,
highway maintenance lead | 19 | | worker,
highway maintenance lead/lead worker,
heavy | 20 | | construction equipment operator,
power shovel | 21 | | operator, or
bridge mechanic; and
whose principal | 22 | | responsibility is to perform, on the roadway, the | 23 | | actual
maintenance necessary to keep the highways that | 24 | | form a part of the State
highway system in serviceable | 25 | | condition for vehicular traffic.
| 26 | | (ii) A person employed on a full-time basis by the |
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| 1 | | Illinois
State Toll Highway Authority in the position | 2 | | of
equipment operator/laborer H-4,
equipment | 3 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 4 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 5 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 6 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 7 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 8 | | painter H-4, or
painter H-6; and
whose principal | 9 | | responsibility is to perform, on the roadway, the | 10 | | actual
maintenance necessary to keep the Authority's | 11 | | tollways in serviceable condition
for vehicular | 12 | | traffic.
| 13 | | (19) The term "security employee of the Department of | 14 | | Innovation and Technology" means a person who was a | 15 | | security employee of the Department of Corrections or the | 16 | | Department of Juvenile Justice, was transferred to the | 17 | | Department of Innovation and Technology pursuant to | 18 | | Executive Order 2016-01, and continues to perform similar | 19 | | job functions under that Department. | 20 | | (20) "Transferred employee" means an employee who was | 21 | | transferred to the Department of Central Management | 22 | | Services by Executive Order No. 2003-10 or Executive Order | 23 | | No. 2004-2 or transferred to the Department of Innovation | 24 | | and Technology by Executive Order No. 2016-1, or both, and | 25 | | was entitled to eligible creditable service for services | 26 | | immediately preceding the transfer. |
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| 1 | | (d) A security employee of the Department of Corrections | 2 | | or the Department of Juvenile Justice, a security
employee of | 3 | | the Department of Human Services who is not a mental health | 4 | | police
officer, and a security employee of the Department of | 5 | | Innovation and Technology shall not be eligible for the | 6 | | alternative retirement annuity provided
by this Section unless | 7 | | he or she meets the following minimum age and service
| 8 | | requirements at the time of retirement:
| 9 | | (i) 25 years of eligible creditable service and age | 10 | | 55; or
| 11 | | (ii) beginning January 1, 1987, 25 years of eligible | 12 | | creditable service
and age 54, or 24 years of eligible | 13 | | creditable service and age 55; or
| 14 | | (iii) beginning January 1, 1988, 25 years of eligible | 15 | | creditable service
and age 53, or 23 years of eligible | 16 | | creditable service and age 55; or
| 17 | | (iv) beginning January 1, 1989, 25 years of eligible | 18 | | creditable service
and age 52, or 22 years of eligible | 19 | | creditable service and age 55; or
| 20 | | (v) beginning January 1, 1990, 25 years of eligible | 21 | | creditable service
and age 51, or 21 years of eligible | 22 | | creditable service and age 55; or
| 23 | | (vi) beginning January 1, 1991, 25 years of eligible | 24 | | creditable service
and age 50, or 20 years of eligible | 25 | | creditable service and age 55.
| 26 | | Persons who have service credit under Article 16 of this |
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| 1 | | Code for service
as a security employee of the Department of | 2 | | Corrections or the Department of Juvenile Justice, or the | 3 | | Department
of Human Services in a position requiring | 4 | | certification as a teacher may
count such service toward | 5 | | establishing their eligibility under the service
requirements | 6 | | of this Section; but such service may be used only for
| 7 | | establishing such eligibility, and not for the purpose of | 8 | | increasing or
calculating any benefit.
| 9 | | (e) If a member enters military service while working in a | 10 | | position in
which eligible creditable service may be earned, | 11 | | and returns to State
service in the same or another such | 12 | | position, and fulfills in all other
respects the conditions | 13 | | prescribed in this Article for credit for military
service, | 14 | | such military service shall be credited as eligible creditable
| 15 | | service for the purposes of the retirement annuity prescribed | 16 | | in this Section.
| 17 | | (f) For purposes of calculating retirement annuities under | 18 | | this
Section, periods of service rendered after December 31, | 19 | | 1968 and before
October 1, 1975 as a covered employee in the | 20 | | position of special agent,
conservation police officer, mental | 21 | | health police officer, or investigator
for the Secretary of | 22 | | State, shall be deemed to have been service as a
noncovered | 23 | | employee, provided that the employee pays to the System prior | 24 | | to
retirement an amount equal to (1) the difference between | 25 | | the employee
contributions that would have been required for | 26 | | such service as a
noncovered employee, and the amount of |
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| 1 | | employee contributions actually
paid, plus (2) if payment is | 2 | | made after July 31, 1987, regular interest
on the amount | 3 | | specified in item (1) from the date of service to the date
of | 4 | | payment.
| 5 | | For purposes of calculating retirement annuities under | 6 | | this Section,
periods of service rendered after December 31, | 7 | | 1968 and before January 1,
1982 as a covered employee in the | 8 | | position of investigator for the
Department of Revenue shall | 9 | | be deemed to have been service as a noncovered
employee, | 10 | | provided that the employee pays to the System prior to | 11 | | retirement
an amount equal to (1) the difference between the | 12 | | employee contributions
that would have been required for such | 13 | | service as a noncovered employee,
and the amount of employee | 14 | | contributions actually paid, plus (2) if payment
is made after | 15 | | January 1, 1990, regular interest on the amount specified in
| 16 | | item (1) from the date of service to the date of payment.
| 17 | | (g) A State policeman may elect, not later than January 1, | 18 | | 1990, to
establish eligible creditable service for up to 10 | 19 | | years of his service as
a policeman under Article 3, by filing | 20 | | a written election with the Board,
accompanied by payment of | 21 | | an amount to be determined by the Board, equal to
(i) the | 22 | | difference between the amount of employee and employer
| 23 | | contributions transferred to the System under Section 3-110.5, | 24 | | and the
amounts that would have been contributed had such | 25 | | contributions been made
at the rates applicable to State | 26 | | policemen, plus (ii) interest thereon at
the effective rate |
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| 1 | | for each year, compounded annually, from the date of
service | 2 | | to the date of payment.
| 3 | | Subject to the limitation in subsection (i), a State | 4 | | policeman may elect,
not later than July 1, 1993, to establish | 5 | | eligible creditable service for
up to 10 years of his service | 6 | | as a member of the County Police Department
under Article 9, by | 7 | | filing a written election with the Board, accompanied
by | 8 | | payment of an amount to be determined by the Board, equal to | 9 | | (i) the
difference between the amount of employee and employer | 10 | | contributions
transferred to the System under Section 9-121.10 | 11 | | and the amounts that would
have been contributed had those | 12 | | contributions been made at the rates
applicable to State | 13 | | policemen, plus (ii) interest thereon at the effective
rate | 14 | | for each year, compounded annually, from the date of service | 15 | | to the
date of payment.
| 16 | | (h) Subject to the limitation in subsection (i), a State | 17 | | policeman or
investigator for the Secretary of State may elect | 18 | | to establish eligible
creditable service for up to 12 years of | 19 | | his service as a policeman under
Article 5, by filing a written | 20 | | election with the Board on or before January
31, 1992, and | 21 | | paying to the System by January 31, 1994 an amount to be
| 22 | | determined by the Board, equal to (i) the difference between | 23 | | the amount of
employee and employer contributions transferred | 24 | | to the System under Section
5-236, and the amounts that would | 25 | | have been contributed had such
contributions been made at the | 26 | | rates applicable to State policemen, plus
(ii) interest |
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| 1 | | thereon at the effective rate for each year, compounded
| 2 | | annually, from the date of service to the date of payment.
| 3 | | Subject to the limitation in subsection (i), a State | 4 | | policeman,
conservation police officer, or investigator for | 5 | | the Secretary of State may
elect to establish eligible | 6 | | creditable service for up to 10 years of
service as a sheriff's | 7 | | law enforcement employee under Article 7, by filing
a written | 8 | | election with the Board on or before January 31, 1993, and | 9 | | paying
to the System by January 31, 1994 an amount to be | 10 | | determined by the Board,
equal to (i) the difference between | 11 | | the amount of employee and
employer contributions transferred | 12 | | to the System under Section
7-139.7, and the amounts that | 13 | | would have been contributed had such
contributions been made | 14 | | at the rates applicable to State policemen, plus
(ii) interest | 15 | | thereon at the effective rate for each year, compounded
| 16 | | annually, from the date of service to the date of payment.
| 17 | | Subject to the limitation in subsection (i), a State | 18 | | policeman,
conservation police officer, or investigator for | 19 | | the Secretary of State may
elect to establish eligible | 20 | | creditable service for up to 5 years of
service as a police | 21 | | officer under Article 3, a policeman under Article 5, a | 22 | | sheriff's law enforcement employee under Article 7, a member | 23 | | of the county police department under Article 9, or a police | 24 | | officer under Article 15 by filing
a written election with the | 25 | | Board and paying
to the System an amount to be determined by | 26 | | the Board,
equal to (i) the difference between the amount of |
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| 1 | | employee and
employer contributions transferred to the System | 2 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 3 | | and the amounts that would have been contributed had such
| 4 | | contributions been made at the rates applicable to State | 5 | | policemen, plus
(ii) interest thereon at the effective rate | 6 | | for each year, compounded
annually, from the date of service | 7 | | to the date of payment. | 8 | | Subject to the limitation in subsection (i), an | 9 | | investigator for the Office of the Attorney General, or an | 10 | | investigator for the Department of Revenue, may elect to | 11 | | establish eligible creditable service for up to 5 years of | 12 | | service as a police officer under Article 3, a policeman under | 13 | | Article 5, a sheriff's law enforcement employee under Article | 14 | | 7, or a member of the county police department under Article 9 | 15 | | by filing a written election with the Board within 6 months | 16 | | after August 25, 2009 (the effective date of Public Act | 17 | | 96-745) and paying to the System an amount to be determined by | 18 | | the Board, equal to (i) the difference between the amount of | 19 | | employee and employer contributions transferred to the System | 20 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 21 | | amounts that would have been contributed had such | 22 | | contributions been made at the rates applicable to State | 23 | | policemen, plus (ii) interest thereon at the actuarially | 24 | | assumed rate for each year, compounded annually, from the date | 25 | | of service to the date of payment. | 26 | | Subject to the limitation in subsection (i), a State |
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| 1 | | policeman, conservation police officer, investigator for the | 2 | | Office of the Attorney General, an investigator for the | 3 | | Department of Revenue, or investigator for the Secretary of | 4 | | State may elect to establish eligible creditable service for | 5 | | up to 5 years of service as a person employed by a | 6 | | participating municipality to perform police duties, or law | 7 | | enforcement officer employed on a full-time basis by a forest | 8 | | preserve district under Article 7, a county corrections | 9 | | officer, or a court services officer under Article 9, by | 10 | | filing a written election with the Board within 6 months after | 11 | | August 25, 2009 (the effective date of Public Act 96-745) and | 12 | | paying to the System an amount to be determined by the Board, | 13 | | equal to (i) the difference between the amount of employee and | 14 | | employer contributions transferred to the System under | 15 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 16 | | been contributed had such contributions been made at the rates | 17 | | applicable to State policemen, plus (ii) interest thereon at | 18 | | the actuarially assumed rate for each year, compounded | 19 | | annually, from the date of service to the date of payment. | 20 | | Subject to the limitation in subsection (i), a State | 21 | | policeman, arson
investigator, or Commerce Commission police | 22 | | officer may elect to establish eligible creditable service for | 23 | | up to 5 years of service as a person employed by a | 24 | | participating municipality to perform police duties under | 25 | | Article 7, a county corrections officer, a court services | 26 | | officer under Article 9, or a firefighter
under Article 4 by |
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| 1 | | filing a written election with the Board within 6 months after | 2 | | July 30, 2021 ( the effective date of Public Act 102-210) this | 3 | | amendatory Act of the 102nd General Assembly and paying to the | 4 | | System an amount to be determined by the Board equal to (i) the | 5 | | difference between the amount of employee and employer | 6 | | contributions transferred to the System under Sections | 7 | | 4-108.8, 7-139.8, and 9-121.10 and the amounts that would have | 8 | | been contributed had such contributions been made at the rates | 9 | | applicable to State policemen, plus (ii) interest thereon at | 10 | | the actuarially assumed rate for each year, compounded | 11 | | annually, from the date of service to the date of payment. | 12 | | Subject to the limitation in subsection (i), a | 13 | | conservation police officer may elect to establish eligible | 14 | | creditable service for up to 5 years of service as a person | 15 | | employed by a participating municipality to perform police | 16 | | duties under Article 7, a county corrections officer, or a | 17 | | court services officer under Article 9 by filing a written | 18 | | election with the Board within 6 months after July 30, 2021 | 19 | | ( the effective date of Public Act 102-210) this amendatory Act | 20 | | of the 102nd General Assembly and paying to the System an | 21 | | amount to be determined by the Board equal to (i) the | 22 | | difference between the amount of employee and employer | 23 | | contributions transferred to the System under Sections 7-139.8 | 24 | | and 9-121.10 and the amounts that would have been contributed | 25 | | had such contributions been made at the rates applicable to | 26 | | State policemen, plus (ii) interest thereon at the actuarially |
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| 1 | | assumed rate for each year, compounded annually, from the date | 2 | | of service to the date of payment. | 3 | | Notwithstanding the limitation in subsection (i), a State | 4 | | policeman or conservation police officer may elect to convert | 5 | | service credit earned under this Article to eligible | 6 | | creditable service, as defined by this Section, by filing a | 7 | | written election with the board within 6 months after July 30, | 8 | | 2021 ( the effective date of Public Act 102-210) this | 9 | | amendatory Act of the 102nd General Assembly and paying to the | 10 | | System an amount to be determined by the Board equal to (i) the | 11 | | difference between the amount of employee contributions | 12 | | originally paid for that service and the amounts that would | 13 | | have been contributed had such contributions been made at the | 14 | | rates applicable to State policemen, plus (ii) the difference | 15 | | between the employer's normal cost of the credit prior to the | 16 | | conversion authorized by Public Act 102-210 this amendatory | 17 | | Act of the 102nd General Assembly and the employer's normal | 18 | | cost of the credit converted in accordance with Public Act | 19 | | 102-210 this amendatory Act of the 102nd General Assembly , | 20 | | plus (iii) interest thereon at the actuarially assumed rate | 21 | | for each year, compounded annually, from the date of service | 22 | | to the date of payment. | 23 | | Subject to the limitation in subsection (i), an | 24 | | investigator for the Illinois Liquor Control Commission may | 25 | | elect to establish eligible creditable service for up to 5 | 26 | | years of service as a police officer under Article 3, a |
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| 1 | | policeman under Article 5, a sheriff's law enforcement | 2 | | employee under Article 7, or a member of the county police | 3 | | department under Article 9 by filing a written election with | 4 | | the Board within 6 months after the effective date of this | 5 | | amendatory Act of the 102nd General Assembly and paying to the | 6 | | System an amount to be determined by the Board, equal to (i) | 7 | | the difference between the amount of employee and employer | 8 | | contributions transferred to the System under Section 3-110.6, | 9 | | 5-236, 7-139.8, or 9-121.10 and the amounts that would have | 10 | | been contributed had such contributions been made at the rates | 11 | | applicable to State policemen, plus (ii) interest thereon at | 12 | | the actuarially assumed rate for each year, compounded | 13 | | annually, from the date of service to the date of payment. | 14 | | (i) The total amount of eligible creditable service | 15 | | established by any
person under subsections (g), (h), (j), | 16 | | (k), (l), (l-5), and (o) , and (p) of this
Section shall not | 17 | | exceed 12 years.
| 18 | | (j) Subject to the limitation in subsection (i), an | 19 | | investigator for
the Office of the State's Attorneys Appellate | 20 | | Prosecutor or a controlled
substance inspector may elect to
| 21 | | establish eligible creditable service for up to 10 years of | 22 | | his service as
a policeman under Article 3 or a sheriff's law | 23 | | enforcement employee under
Article 7, by filing a written | 24 | | election with the Board, accompanied by
payment of an amount | 25 | | to be determined by the Board, equal to (1) the
difference | 26 | | between the amount of employee and employer contributions
|
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| 1 | | transferred to the System under Section 3-110.6 or 7-139.8, | 2 | | and the amounts
that would have been contributed had such | 3 | | contributions been made at the
rates applicable to State | 4 | | policemen, plus (2) interest thereon at the
effective rate for | 5 | | each year, compounded annually, from the date of service
to | 6 | | the date of payment.
| 7 | | (k) Subject to the limitation in subsection (i) of this | 8 | | Section, an
alternative formula employee may elect to | 9 | | establish eligible creditable
service for periods spent as a | 10 | | full-time law enforcement officer or full-time
corrections | 11 | | officer employed by the federal government or by a state or | 12 | | local
government located outside of Illinois, for which credit | 13 | | is not held in any
other public employee pension fund or | 14 | | retirement system. To obtain this
credit, the applicant must | 15 | | file a written application with the Board by March
31, 1998, | 16 | | accompanied by evidence of eligibility acceptable to the Board | 17 | | and
payment of an amount to be determined by the Board, equal | 18 | | to (1) employee
contributions for the credit being | 19 | | established, based upon the applicant's
salary on the first | 20 | | day as an alternative formula employee after the employment
| 21 | | for which credit is being established and the rates then | 22 | | applicable to
alternative formula employees, plus (2) an | 23 | | amount determined by the Board
to be the employer's normal | 24 | | cost of the benefits accrued for the credit being
established, | 25 | | plus (3) regular interest on the amounts in items (1) and (2) | 26 | | from
the first day as an alternative formula employee after |
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| 1 | | the employment for which
credit is being established to the | 2 | | date of payment.
| 3 | | (l) Subject to the limitation in subsection (i), a | 4 | | security employee of
the Department of Corrections may elect, | 5 | | not later than July 1, 1998, to
establish eligible creditable | 6 | | service for up to 10 years of his or her service
as a policeman | 7 | | under Article 3, by filing a written election with the Board,
| 8 | | accompanied by payment of an amount to be determined by the | 9 | | Board, equal to
(i) the difference between the amount of | 10 | | employee and employer contributions
transferred to the System | 11 | | under Section 3-110.5, and the amounts that would
have been | 12 | | contributed had such contributions been made at the rates | 13 | | applicable
to security employees of the Department of | 14 | | Corrections, plus (ii) interest
thereon at the effective rate | 15 | | for each year, compounded annually, from the date
of service | 16 | | to the date of payment.
| 17 | | (l-5) Subject to the limitation in subsection (i) of this | 18 | | Section, a State policeman may elect to establish eligible | 19 | | creditable service for up to 5 years of service as a full-time | 20 | | law enforcement officer employed by the federal government or | 21 | | by a state or local government located outside of Illinois for | 22 | | which credit is not held in any other public employee pension | 23 | | fund or retirement system. To obtain this credit, the | 24 | | applicant must file a written application with the Board no | 25 | | later than 3 years after January 1, 2020 ( the effective date of | 26 | | Public Act 101-610) this amendatory Act of the 101st General |
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| 1 | | Assembly , accompanied by evidence of eligibility acceptable to | 2 | | the Board and payment of an amount to be determined by the | 3 | | Board, equal to (1) employee contributions for the credit | 4 | | being established, based upon the applicant's salary on the | 5 | | first day as an alternative formula employee after the | 6 | | employment for which credit is being established and the rates | 7 | | then applicable to alternative formula employees, plus (2) an | 8 | | amount determined by the Board to be the employer's normal | 9 | | cost of the benefits accrued for the credit being established, | 10 | | plus (3) regular interest on the amounts in items (1) and (2) | 11 | | from the first day as an alternative formula employee after | 12 | | the employment for which credit is being established to the | 13 | | date of payment. | 14 | | (m) The amendatory changes to this Section made by Public | 15 | | Act 94-696 this amendatory Act of the 94th General Assembly | 16 | | apply only to: (1) security employees of the Department of | 17 | | Juvenile Justice employed by the Department of Corrections | 18 | | before June 1, 2006 ( the effective date of Public Act 94-696) | 19 | | this amendatory Act of the 94th General Assembly and | 20 | | transferred to the Department of Juvenile Justice by Public | 21 | | Act 94-696 this amendatory Act of the 94th General Assembly ; | 22 | | and (2) persons employed by the Department of Juvenile Justice | 23 | | on or after June 1, 2006 ( the effective date of Public Act | 24 | | 94-696) this amendatory Act of the 94th General Assembly who | 25 | | are required by subsection (b) of Section 3-2.5-15 of the | 26 | | Unified Code of Corrections to have any bachelor's or advanced |
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| 1 | | degree from an accredited college or university or, in the | 2 | | case of persons who provide vocational training, who are | 3 | | required to have adequate knowledge in the skill for which | 4 | | they are providing the vocational training.
| 5 | | (n) A person employed in a position under subsection (b) | 6 | | of this Section who has purchased service credit under | 7 | | subsection (j) of Section 14-104 or subsection (b) of Section | 8 | | 14-105 in any other capacity under this Article may convert up | 9 | | to 5 years of that service credit into service credit covered | 10 | | under this Section by paying to the Fund an amount equal to (1) | 11 | | the additional employee contribution required under Section | 12 | | 14-133, plus (2) the additional employer contribution required | 13 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 14 | | the actuarially assumed rate from the date of the service to | 15 | | the date of payment. | 16 | | (o) Subject to the limitation in subsection (i), a | 17 | | conservation police officer, investigator for the Secretary of | 18 | | State, Commerce Commission police officer, investigator for | 19 | | the Department of Revenue or the
Illinois Gaming Board, or | 20 | | arson investigator subject to subsection (g) of Section 1-160 | 21 | | may elect to convert up to 8 years of service credit | 22 | | established before January 1, 2020 ( the effective date of | 23 | | Public Act 101-610) this amendatory Act of the 101st General | 24 | | Assembly as a conservation police officer, investigator for | 25 | | the Secretary of State, Commerce Commission police officer, | 26 | | investigator for the Department of Revenue or the
Illinois |
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| 1 | | Gaming Board, or arson investigator under this Article into | 2 | | eligible creditable service by filing a written election with | 3 | | the Board no later than one year after January 1, 2020 ( the | 4 | | effective date of Public Act 101-610) this amendatory Act of | 5 | | the 101st General Assembly , accompanied by payment of an | 6 | | amount to be determined by the Board equal to (i) the | 7 | | difference between the amount of the employee contributions | 8 | | actually paid for that service and the amount of the employee | 9 | | contributions that would have been paid had the employee | 10 | | contributions been made as a noncovered employee serving in a | 11 | | position in which eligible creditable service, as defined in | 12 | | this Section, may be earned, plus (ii) interest thereon at the | 13 | | effective rate for each year, compounded annually, from the | 14 | | date of service to the date of payment. | 15 | | (p) Subject to the limitation in subsection (i), an | 16 | | investigator for the Illinois Liquor Control Commission may | 17 | | elect to convert up to 8 years of service credit established | 18 | | before the effective date of this amendatory Act of the 102nd | 19 | | General Assembly as an investigator for the Illinois Liquor | 20 | | Control Commission under this Article into eligible creditable | 21 | | service by filing a written election with the Board no later | 22 | | than one year after the effective date of this amendatory Act | 23 | | of the 102nd General Assembly, accompanied by payment of an | 24 | | amount to be determined by the Board equal to (i) the | 25 | | difference between the amount of the employee contributions | 26 | | actually paid for that service and the amount of the employee |
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| 1 | | contributions that would have been paid had the employee | 2 | | contributions been made as a noncovered employee serving in a | 3 | | position in which eligible creditable service, as defined in | 4 | | this Section, may be earned, plus (ii) interest thereon at the | 5 | | effective rate for each year, compounded annually, from the | 6 | | date of service to the date of payment. | 7 | | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | 8 | | 102-538, eff. 8-20-21; revised 10-12-21.)
| 9 | | (40 ILCS 5/14-152.1) | 10 | | Sec. 14-152.1. Application and expiration of new benefit | 11 | | increases. | 12 | | (a) As used in this Section, "new benefit increase" means | 13 | | an increase in the amount of any benefit provided under this | 14 | | Article, or an expansion of the conditions of eligibility for | 15 | | any benefit under this Article, that results from an amendment | 16 | | to this Code that takes effect after June 1, 2005 (the | 17 | | effective date of Public Act 94-4). "New benefit increase", | 18 | | however, does not include any benefit increase resulting from | 19 | | the changes made to Article 1 or this Article by Public Act | 20 | | 96-37, Public Act 100-23, Public Act 100-587, Public Act | 21 | | 100-611, Public Act 101-10, Public Act 101-610, Public Act | 22 | | 101-610, Public Act 102-210, or this amendatory Act of the | 23 | | 102nd General Assembly or this amendatory Act of the 102nd | 24 | | General Assembly .
| 25 | | (b) Notwithstanding any other provision of this Code or |
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| 1 | | any subsequent amendment to this Code, every new benefit | 2 | | increase is subject to this Section and shall be deemed to be | 3 | | granted only in conformance with and contingent upon | 4 | | compliance with the provisions of this Section.
| 5 | | (c) The Public Act enacting a new benefit increase must | 6 | | identify and provide for payment to the System of additional | 7 | | funding at least sufficient to fund the resulting annual | 8 | | increase in cost to the System as it accrues. | 9 | | Every new benefit increase is contingent upon the General | 10 | | Assembly providing the additional funding required under this | 11 | | subsection. The Commission on Government Forecasting and | 12 | | Accountability shall analyze whether adequate additional | 13 | | funding has been provided for the new benefit increase and | 14 | | shall report its analysis to the Public Pension Division of | 15 | | the Department of Insurance. A new benefit increase created by | 16 | | a Public Act that does not include the additional funding | 17 | | required under this subsection is null and void. If the Public | 18 | | Pension Division determines that the additional funding | 19 | | provided for a new benefit increase under this subsection is | 20 | | or has become inadequate, it may so certify to the Governor and | 21 | | the State Comptroller and, in the absence of corrective action | 22 | | by the General Assembly, the new benefit increase shall expire | 23 | | at the end of the fiscal year in which the certification is | 24 | | made.
| 25 | | (d) Every new benefit increase shall expire 5 years after | 26 | | its effective date or on such earlier date as may be specified |
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| 1 | | in the language enacting the new benefit increase or provided | 2 | | under subsection (c). This does not prevent the General | 3 | | Assembly from extending or re-creating a new benefit increase | 4 | | by law. | 5 | | (e) Except as otherwise provided in the language creating | 6 | | the new benefit increase, a new benefit increase that expires | 7 | | under this Section continues to apply to persons who applied | 8 | | and qualified for the affected benefit while the new benefit | 9 | | increase was in effect and to the affected beneficiaries and | 10 | | alternate payees of such persons, but does not apply to any | 11 | | other person, including, without limitation, a person who | 12 | | continues in service after the expiration date and did not | 13 | | apply and qualify for the affected benefit while the new | 14 | | benefit increase was in effect.
| 15 | | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | 16 | | 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.) | 17 | | Section 10. The Liquor Control Act of 1934 is amended by | 18 | | changing Sections 3-12, 4-4, 8-2, 10-8, and 10-6 and by adding | 19 | | Section 3-4.1 as follows: | 20 | | (235 ILCS 5/3-4.1 new) | 21 | | Sec. 3-4.1. Obtaining evidence. The State Commission has | 22 | | the power to expend sums that the Executive Director deems | 23 | | necessary for the purchase of evidence and for the employment | 24 | | of persons to obtain
evidence. The sums shall be advanced to |
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| 1 | | employees authorized by the Executive Director to expend | 2 | | funds, on vouchers signed by the Executive Director. | 3 | | In addition, the Executive Director is authorized to | 4 | | maintain one or more commercial checking accounts with any | 5 | | State banking corporation or corporations organized under or | 6 | | subject to the Illinois Banking Act for the deposit and | 7 | | withdrawal of moneys to be used solely for the purchase of | 8 | | evidence and for the employment of persons to obtain evidence. | 9 | | No check may be written on nor any withdrawal made from such an | 10 | | account except on the written signature of 2 persons | 11 | | designated by the Executive Director to write those checks and | 12 | | make those withdrawals. The balance of moneys on deposit in | 13 | | any such account shall not exceed $25,000 at any time, nor | 14 | | shall any one check written on or single withdrawal made from | 15 | | any such account exceed
$25,000.
| 16 | | (235 ILCS 5/3-12)
| 17 | | Sec. 3-12. Powers and duties of State Commission.
| 18 | | (a) The State Commission shall have the following powers, | 19 | | functions, and
duties:
| 20 | | (1) To receive applications and to issue licenses to | 21 | | manufacturers,
foreign importers, importing distributors, | 22 | | distributors, non-resident dealers,
on premise consumption | 23 | | retailers, off premise sale retailers, special event
| 24 | | retailer licensees, special use permit licenses, auction | 25 | | liquor licenses, brew
pubs, caterer retailers, |
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| 1 | | non-beverage users, railroads, including owners and
| 2 | | lessees of sleeping, dining and cafe cars, airplanes, | 3 | | boats, brokers, and wine
maker's premises licensees in | 4 | | accordance with the provisions of this Act, and
to suspend | 5 | | or revoke such licenses upon the State Commission's | 6 | | determination,
upon notice after hearing, that a licensee | 7 | | has violated any provision of this
Act or any rule or | 8 | | regulation issued pursuant thereto and in effect for 30 | 9 | | days
prior to such violation. Except in the case of an | 10 | | action taken pursuant to a
violation of Section 6-3, 6-5, | 11 | | or 6-9, any action by the State Commission to
suspend or | 12 | | revoke a licensee's license may be limited to the license | 13 | | for the
specific premises where the violation occurred.
An | 14 | | action for a violation of this Act shall be commenced by | 15 | | the State Commission not more than 18 months after | 16 | | conviction of the violation of the Act or other State law | 17 | | in a circuit court or, if there has not been a conviction, | 18 | | not more than 3 years after the violation occurred within | 19 | | 2 years after the date the State Commission becomes aware | 20 | | of the violation .
| 21 | | In lieu of suspending or revoking a license, the | 22 | | commission may impose
a fine, upon the State Commission's | 23 | | determination and notice after hearing,
that a licensee | 24 | | has violated any provision of this Act or any rule or
| 25 | | regulation issued pursuant thereto and in effect for 30 | 26 | | days prior to such
violation. |
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| 1 | | For the purpose of this paragraph (1), when | 2 | | determining multiple violations for the sale of alcohol to | 3 | | a person under the age of 21, a second or subsequent | 4 | | violation for the sale of alcohol to a person under the age | 5 | | of 21 shall only be considered if it was committed within 5 | 6 | | years after the date when a prior violation for the sale of | 7 | | alcohol to a person under the age of 21 was committed. | 8 | | The fine imposed under this paragraph may not exceed | 9 | | $500 for each
violation. Each day that the activity, which | 10 | | gave rise to the original fine,
continues is a separate | 11 | | violation. The maximum fine that may be levied against
any | 12 | | licensee, for the period of the license, shall not exceed | 13 | | $20,000.
The maximum penalty that may be imposed on a | 14 | | licensee for selling a bottle of
alcoholic liquor with a | 15 | | foreign object in it or serving from a bottle of
alcoholic | 16 | | liquor with a foreign object in it shall be the | 17 | | destruction of that
bottle of alcoholic liquor for the | 18 | | first 10 bottles so sold or served from by
the licensee. | 19 | | For the eleventh bottle of alcoholic liquor and for each | 20 | | third
bottle thereafter sold or served from by the | 21 | | licensee with a foreign object in
it, the maximum penalty | 22 | | that may be imposed on the licensee is the destruction
of | 23 | | the bottle of alcoholic liquor and a fine of up to $50.
| 24 | | Any notice issued by the State Commission to a | 25 | | licensee for a violation of this Act or any notice with | 26 | | respect to settlement or offer in compromise shall include |
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| 1 | | the field report, photographs, and any other supporting | 2 | | documentation necessary to reasonably inform the licensee | 3 | | of the nature and extent of the violation or the conduct | 4 | | alleged to have occurred , which may include, but is not | 5 | | limited to, the field report, photographs, and any other | 6 | | supporting documentation . The failure to reasonably inform | 7 | | the licensee include such required documentation shall | 8 | | result in the dismissal of the action. | 9 | | (2) To adopt such rules and regulations consistent | 10 | | with the
provisions of this Act which shall be necessary | 11 | | to carry on its
functions and duties to the end that the | 12 | | health, safety and welfare of
the People of the State of | 13 | | Illinois shall be protected and temperance in
the | 14 | | consumption of alcoholic liquors shall be fostered and | 15 | | promoted and
to distribute copies of such rules and | 16 | | regulations to all licensees
affected thereby.
| 17 | | (3) To call upon other administrative departments of | 18 | | the State,
county and municipal governments, county and | 19 | | city police departments and
upon prosecuting officers for | 20 | | such information and assistance as it
deems necessary in | 21 | | the performance of its duties.
| 22 | | (4) To recommend to local commissioners rules and | 23 | | regulations, not
inconsistent with the law, for the | 24 | | distribution and sale of alcoholic
liquors throughout the | 25 | | State.
| 26 | | (5) To inspect, or cause to be inspected, at |
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| 1 | | reasonable times any
premises in this State
where | 2 | | alcoholic liquors are manufactured, distributed, | 3 | | warehoused, or
sold. Nothing in this Act
authorizes an | 4 | | agent of the State Commission to inspect private
areas | 5 | | within the premises without reasonable suspicion or a | 6 | | warrant
during an inspection. "Private areas" include, but | 7 | | are not limited to, safes, personal property, and closed | 8 | | desks.
| 9 | | For the purposes of this paragraph (5), the term "at | 10 | | reasonable times" means (i) during normal business hours; | 11 | | (ii) during the hours of operation of the business; (iii) | 12 | | any time the business is found to be operating; or (iv) any | 13 | | time when a customer is in the business, including before | 14 | | or after the hours of operation of such business.
| 15 | | (5.1) Upon receipt of a complaint or upon having | 16 | | knowledge that any person
is engaged in business as a | 17 | | manufacturer, importing distributor, distributor,
or | 18 | | retailer without a license or valid license, to conduct an | 19 | | investigation. If, after conducting an investigation, the | 20 | | State Commission is satisfied that the alleged conduct | 21 | | occurred or is occurring, it may issue a cease and desist | 22 | | notice as provided in this Act, impose civil penalties as | 23 | | provided in this Act, notify the local liquor
authority, | 24 | | or file a complaint with the State's Attorney's Office of | 25 | | the county
where the incident occurred or the Attorney | 26 | | General.
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| 1 | | (5.2) Upon receipt of a complaint or upon having | 2 | | knowledge that any person is shipping alcoholic
liquor
| 3 | | into this State from a point outside of this State if the | 4 | | shipment is in
violation of this Act, to conduct an | 5 | | investigation. If, after conducting an investigation, the | 6 | | State Commission is satisfied that the alleged conduct | 7 | | occurred or is occurring, it may issue a cease and desist | 8 | | notice as provided in this Act, impose civil penalties as | 9 | | provided in this Act, notify the foreign jurisdiction, or | 10 | | file a complaint with the State's Attorney's Office of the | 11 | | county where the incident occurred or the Attorney | 12 | | General.
| 13 | | (5.3) To receive complaints from licensees, local | 14 | | officials, law
enforcement agencies, organizations, and | 15 | | persons stating that any licensee has
been or is violating | 16 | | any provision of this Act or the rules and regulations
| 17 | | issued pursuant to this Act. Such complaints shall be in | 18 | | writing, signed and
sworn to by the person making the | 19 | | complaint, and shall state with specificity
the facts in | 20 | | relation to the alleged violation. If the State Commission | 21 | | has
reasonable grounds to believe that the complaint | 22 | | substantially alleges a
violation of this Act or rules and | 23 | | regulations adopted pursuant to this Act, it
shall conduct | 24 | | an investigation. If, after conducting an investigation, | 25 | | the
State Commission is satisfied that the alleged | 26 | | violation did occur, it shall proceed
with disciplinary |
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| 1 | | action against the licensee as provided in this Act.
| 2 | | (5.4) To make arrests and issue notices of civil | 3 | | violations where necessary for the enforcement of this | 4 | | Act. | 5 | | (5.5) To investigate any and all unlicensed activity. | 6 | | (5.6) To impose civil penalties or fines to any person | 7 | | who, without holding a valid license, engages in conduct | 8 | | that requires a license pursuant to this Act, in an amount | 9 | | not to exceed $20,000 for each offense as determined by | 10 | | the State Commission. A civil penalty shall be assessed by | 11 | | the State Commission after a hearing is held in accordance | 12 | | with the provisions set forth in this Act regarding the | 13 | | provision of a hearing for the revocation or suspension of | 14 | | a license. | 15 | | (6) To hear and determine appeals from orders of a | 16 | | local commission
in accordance with the provisions of this | 17 | | Act, as hereinafter set forth.
Hearings under this | 18 | | subsection shall be held in Springfield or Chicago,
at | 19 | | whichever location is the more convenient for the majority | 20 | | of persons
who are parties to the hearing.
| 21 | | (7) The State Commission shall establish uniform | 22 | | systems of accounts to be
kept by all retail licensees | 23 | | having more than 4 employees, and for this
purpose the | 24 | | State Commission may classify all retail licensees having | 25 | | more
than 4 employees and establish a uniform system of | 26 | | accounts for each
class and prescribe the manner in which |
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| 1 | | such accounts shall be kept.
The State Commission may also | 2 | | prescribe the forms of accounts to be kept by
all retail | 3 | | licensees having more than 4 employees, including, but not
| 4 | | limited to, accounts of earnings and expenses and any | 5 | | distribution,
payment, or other distribution of earnings | 6 | | or assets, and any other
forms, records, and memoranda | 7 | | which in the judgment of the commission may
be necessary | 8 | | or appropriate to carry out any of the provisions of this
| 9 | | Act, including, but not limited to, such forms, records, | 10 | | and memoranda as
will readily and accurately disclose at | 11 | | all times the beneficial
ownership of such retail licensed | 12 | | business. The accounts, forms,
records, and memoranda | 13 | | shall be available at all reasonable times for
inspection | 14 | | by authorized representatives of the State Commission or | 15 | | by
any local liquor control commissioner or his or her | 16 | | authorized representative.
The commission may, from time | 17 | | to time, alter, amend, or repeal, in whole
or in part, any | 18 | | uniform system of accounts, or the form and manner of
| 19 | | keeping accounts.
| 20 | | (8) In the conduct of any hearing authorized to be | 21 | | held by the State Commission, to appoint, at the | 22 | | commission's discretion, hearing officers
to conduct | 23 | | hearings involving complex issues or issues that will | 24 | | require a
protracted period of time to resolve, to | 25 | | examine, or cause to be examined,
under oath, any | 26 | | licensee, and to examine or cause to be examined the books |
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| 1 | | and
records
of such licensee; to hear testimony and take | 2 | | proof material for its
information in the discharge of its | 3 | | duties hereunder; to administer or
cause to be | 4 | | administered oaths; for any such purpose to issue
subpoena | 5 | | or subpoenas to require the attendance of witnesses and | 6 | | the
production of books, which shall be effective in any | 7 | | part of this State, and
to adopt rules to implement its | 8 | | powers under this paragraph (8).
| 9 | | Any circuit court may, by order duly entered,
require | 10 | | the attendance of witnesses and the production of relevant | 11 | | books
subpoenaed by the State Commission and the court may | 12 | | compel
obedience to its order by proceedings for contempt.
| 13 | | (9) To investigate the administration of laws in | 14 | | relation to
alcoholic liquors in this and other states and | 15 | | any foreign countries,
and to recommend from time to time | 16 | | to the Governor and through him or
her to the legislature | 17 | | of this State, such amendments to this Act, if any, as
it | 18 | | may think desirable and as will serve to further the | 19 | | general broad
purposes contained in Section 1-2 hereof.
| 20 | | (10) To adopt such rules and regulations consistent | 21 | | with the
provisions of this Act which shall be necessary | 22 | | for the control, sale, or
disposition of alcoholic liquor | 23 | | damaged as a result of an accident, wreck,
flood, fire, or | 24 | | other similar occurrence.
| 25 | | (11) To develop industry educational programs related | 26 | | to responsible
serving and selling, particularly in the |
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| 1 | | areas of overserving consumers and
illegal underage | 2 | | purchasing and consumption of alcoholic beverages.
| 3 | | (11.1) To license persons providing education and | 4 | | training to alcohol
beverage sellers and servers for | 5 | | mandatory and non-mandatory training under the
Beverage | 6 | | Alcohol Sellers and Servers
Education and Training | 7 | | (BASSET) programs and to develop and administer a public
| 8 | | awareness program in Illinois to reduce or eliminate the | 9 | | illegal purchase and
consumption of alcoholic beverage | 10 | | products by persons under the age of 21.
Application for a | 11 | | license shall be made on forms provided by the State
| 12 | | Commission.
| 13 | | (12) To develop and maintain a repository of license | 14 | | and regulatory
information.
| 15 | | (13) (Blank).
| 16 | | (14) On or before April 30, 2008 and every 2 years
| 17 | | thereafter, the State Commission shall present a written
| 18 | | report to the Governor and the General Assembly that shall
| 19 | | be based on a study of the impact of Public Act 95-634 on | 20 | | the business of soliciting,
selling, and shipping wine | 21 | | from inside and outside of this
State directly to | 22 | | residents of this State. As part of its
report, the State | 23 | | Commission shall provide all of the
following information: | 24 | | (A) The amount of State excise and sales tax
| 25 | | revenues generated. | 26 | | (B) The amount of licensing fees received. |
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| 1 | | (C) The number of cases of wine shipped from | 2 | | inside
and outside of this State directly to residents | 3 | | of this
State. | 4 | | (D) The number of alcohol compliance operations
| 5 | | conducted. | 6 | | (E) The number of winery shipper's licenses
| 7 | | issued. | 8 | | (F) The number of each of the following: reported
| 9 | | violations; cease and desist notices issued by the
| 10 | | Commission; notices of violations issued by
the | 11 | | Commission and to the Department of Revenue;
and | 12 | | notices and complaints of violations to law
| 13 | | enforcement officials, including, without limitation,
| 14 | | the Illinois Attorney General and the U.S. Department
| 15 | | of Treasury's Alcohol and Tobacco Tax and Trade | 16 | | Bureau. | 17 | | (15) As a means to reduce the underage consumption of
| 18 | | alcoholic liquors, the State Commission shall conduct
| 19 | | alcohol compliance operations to investigate whether
| 20 | | businesses that are soliciting, selling, and shipping wine
| 21 | | from inside or outside of this State directly to residents
| 22 | | of this State are licensed by this State or are selling or
| 23 | | attempting to sell wine to persons under 21 years of age in
| 24 | | violation of this Act. | 25 | | (16) The State Commission shall, in addition to
| 26 | | notifying any appropriate law enforcement agency, submit
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| 1 | | notices of complaints or violations of Sections 6-29 and
| 2 | | 6-29.1 by persons who do not hold a winery shipper's
| 3 | | license under this Act to the Illinois Attorney General | 4 | | and
to the U.S. Department of Treasury's Alcohol and | 5 | | Tobacco Tax and Trade Bureau. | 6 | | (17)(A) A person licensed to make wine under the laws | 7 | | of another state who has a winery shipper's license under | 8 | | this Act and annually produces less than 25,000 gallons of | 9 | | wine or a person who has a first-class or second-class | 10 | | wine manufacturer's license, a first-class or second-class | 11 | | wine-maker's license, or a limited wine manufacturer's | 12 | | license under this Act and annually produces less than | 13 | | 25,000 gallons of wine may make application to the | 14 | | Commission for a self-distribution exemption to allow the | 15 | | sale of not more than 5,000 gallons of the exemption | 16 | | holder's wine to retail licensees per year and to sell | 17 | | cider, mead, or both cider and mead to brewers, class 1 | 18 | | brewers, class 2 brewers, and class 3 brewers that, | 19 | | pursuant to subsection (e) of Section 6-4 of this Act, | 20 | | sell beer, cider, mead, or any combination thereof to | 21 | | non-licensees at their breweries. | 22 | | (B) In the application, which shall be sworn under | 23 | | penalty of perjury, such person shall state (1) the date | 24 | | it was established; (2) its volume of production and sales | 25 | | for each year since its establishment; (3) its efforts to | 26 | | establish distributor relationships; (4) that a |
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| 1 | | self-distribution exemption is necessary to facilitate the | 2 | | marketing of its wine; and (5) that it will comply with the | 3 | | liquor and revenue laws of the United States, this State, | 4 | | and any other state where it is licensed. | 5 | | (C) The State Commission shall approve the application | 6 | | for a self-distribution exemption if such person: (1) is | 7 | | in compliance with State revenue and liquor laws; (2) is | 8 | | not a member of any affiliated group that produces | 9 | | directly or indirectly more than 25,000 gallons of wine | 10 | | per annum, 930,000 gallons of beer per annum, or 50,000 | 11 | | gallons of spirits per annum; (3) will not annually | 12 | | produce for sale more than 25,000 gallons of wine, 930,000 | 13 | | gallons of beer, or 50,000 gallons of spirits; and (4) | 14 | | will not annually sell more than 5,000 gallons of its wine | 15 | | to retail licensees. | 16 | | (D) A self-distribution exemption holder shall | 17 | | annually certify to the State Commission its production of | 18 | | wine in the previous 12 months and its anticipated | 19 | | production and sales for the next 12 months. The State | 20 | | Commission may fine, suspend, or revoke a | 21 | | self-distribution exemption after a hearing if it finds | 22 | | that the exemption holder has made a material | 23 | | misrepresentation in its application, violated a revenue | 24 | | or liquor law of Illinois, exceeded production of 25,000 | 25 | | gallons of wine, 930,000 gallons of beer, or 50,000 | 26 | | gallons of spirits in any calendar year, or become part of |
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| 1 | | an affiliated group producing more than 25,000 gallons of | 2 | | wine, 930,000 gallons of beer, or 50,000 gallons of | 3 | | spirits. | 4 | | (E) Except in hearings for violations of this Act or | 5 | | Public Act 95-634 or a bona fide investigation by duly | 6 | | sworn law enforcement officials, the State Commission, or | 7 | | its agents, the State Commission shall maintain the | 8 | | production and sales information of a self-distribution | 9 | | exemption holder as confidential and shall not release | 10 | | such information to any person. | 11 | | (F) The State Commission shall issue regulations | 12 | | governing self-distribution exemptions consistent with | 13 | | this Section and this Act. | 14 | | (G) Nothing in this paragraph (17) shall prohibit a | 15 | | self-distribution exemption holder from entering into or | 16 | | simultaneously having a distribution agreement with a | 17 | | licensed Illinois distributor. | 18 | | (H) It is the intent of this paragraph (17) to promote | 19 | | and continue orderly markets. The General Assembly finds | 20 | | that, in order to preserve Illinois' regulatory | 21 | | distribution system, it is necessary to create an | 22 | | exception for smaller makers of wine as their wines are | 23 | | frequently adjusted in varietals, mixes, vintages, and | 24 | | taste to find and create market niches sometimes too small | 25 | | for distributor or importing distributor business | 26 | | strategies. Limited self-distribution rights will afford |
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| 1 | | and allow smaller makers of wine access to the marketplace | 2 | | in order to develop a customer base without impairing the | 3 | | integrity of the 3-tier system.
| 4 | | (18)(A) A class 1 brewer licensee, who must also be | 5 | | either a licensed brewer or licensed non-resident dealer | 6 | | and annually manufacture less than 930,000 gallons of | 7 | | beer, may make application to the State Commission for a | 8 | | self-distribution exemption to allow the sale of not more | 9 | | than 232,500 gallons per year of the exemption holder's | 10 | | beer to retail licensees and to brewers, class 1 brewers, | 11 | | and class 2 brewers that, pursuant to subsection (e) of | 12 | | Section 6-4 of this Act, sell beer, cider, , mead, or any | 13 | | combination thereof to non-licensees at their breweries. | 14 | | (B) In the application, which shall be sworn under | 15 | | penalty of perjury, the class 1 brewer licensee shall | 16 | | state (1) the date it was established; (2) its volume of | 17 | | beer manufactured and sold for each year since its | 18 | | establishment; (3) its efforts to establish distributor | 19 | | relationships; (4) that a self-distribution exemption is | 20 | | necessary to facilitate the marketing of its beer; and (5) | 21 | | that it will comply with the alcoholic beverage and | 22 | | revenue laws of the United States, this State, and any | 23 | | other state where it is licensed. | 24 | | (C) Any application submitted shall be posted on the | 25 | | State Commission's website at least 45 days prior to | 26 | | action by the State Commission. The State Commission shall |
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| 1 | | approve the application for a self-distribution exemption | 2 | | if the class 1 brewer licensee: (1) is in compliance with | 3 | | the State, revenue, and alcoholic beverage laws; (2) is | 4 | | not a member of any affiliated group that manufactures, | 5 | | directly or indirectly, more than 930,000 gallons of beer | 6 | | per annum, 25,000 gallons of wine per annum, or 50,000 | 7 | | gallons of spirits per annum; (3) shall not annually | 8 | | manufacture for sale more than 930,000 gallons of beer, | 9 | | 25,000 gallons of wine, or 50,000 gallons of spirits; (4) | 10 | | shall not annually sell more than 232,500 gallons of its | 11 | | beer to retail licensees and class 3 brewers and to | 12 | | brewers, class 1 brewers, and class 2 brewers that, | 13 | | pursuant to subsection (e) of Section 6-4 of this Act, | 14 | | sell beer, cider, mead, or any combination thereof to | 15 | | non-licensees at their breweries; and (5) has relinquished | 16 | | any brew pub license held by the licensee, including any | 17 | | ownership interest it held in the licensed brew pub. | 18 | | (D) A self-distribution exemption holder shall | 19 | | annually certify to the State Commission its manufacture | 20 | | of beer during the previous 12 months and its anticipated | 21 | | manufacture and sales of beer for the next 12 months. The | 22 | | State Commission may fine, suspend, or revoke a | 23 | | self-distribution exemption after a hearing if it finds | 24 | | that the exemption holder has made a material | 25 | | misrepresentation in its application, violated a revenue | 26 | | or alcoholic beverage law of Illinois, exceeded the |
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| 1 | | manufacture of 930,000 gallons of beer, 25,000 gallons of | 2 | | wine, or 50,000 gallons of spirits in any calendar year or | 3 | | became part of an affiliated group manufacturing more than | 4 | | 930,000 gallons of beer, 25,000 gallons of wine, or 50,000 | 5 | | gallons of spirits. | 6 | | (E) The State Commission shall issue rules and | 7 | | regulations governing self-distribution exemptions | 8 | | consistent with this Act. | 9 | | (F) Nothing in this paragraph (18) shall prohibit a | 10 | | self-distribution exemption holder from entering into or | 11 | | simultaneously having a distribution agreement with a | 12 | | licensed Illinois importing distributor or a distributor. | 13 | | If a self-distribution exemption holder enters into a | 14 | | distribution agreement and has assigned distribution | 15 | | rights to an importing distributor or distributor, then | 16 | | the self-distribution exemption holder's distribution | 17 | | rights in the assigned territories shall cease in a | 18 | | reasonable time not to exceed 60 days. | 19 | | (G) It is the intent of this paragraph (18) to promote | 20 | | and continue orderly markets. The General Assembly finds | 21 | | that in order to preserve Illinois' regulatory | 22 | | distribution system, it is necessary to create an | 23 | | exception for smaller manufacturers in order to afford and | 24 | | allow such smaller manufacturers of beer access to the | 25 | | marketplace in order to develop a customer base without | 26 | | impairing the integrity of the 3-tier system. |
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| 1 | | (19)(A) A class 1 craft distiller licensee or a | 2 | | non-resident dealer who manufactures less than 50,000 | 3 | | gallons of distilled spirits per year may make application | 4 | | to the State Commission for a self-distribution exemption | 5 | | to allow the sale of not more
than 5,000 gallons of the | 6 | | exemption holder's spirits to retail licensees per year. | 7 | | (B) In the application, which shall be sworn under | 8 | | penalty of perjury, the class 1 craft distiller licensee | 9 | | or non-resident dealer shall state (1) the date it was | 10 | | established; (2) its volume of spirits manufactured and | 11 | | sold for each year since its establishment; (3) its | 12 | | efforts to establish distributor relationships; (4) that a | 13 | | self-distribution exemption is necessary to facilitate the | 14 | | marketing of its spirits; and (5) that it will comply with | 15 | | the alcoholic beverage and revenue laws of the United | 16 | | States, this State, and any other state where it is | 17 | | licensed. | 18 | | (C) Any application submitted shall be posted on the | 19 | | State Commission's website at least 45 days prior to | 20 | | action by the State Commission. The State Commission shall | 21 | | approve the application for a self-distribution exemption | 22 | | if the applicant: (1) is in compliance with State revenue | 23 | | and alcoholic beverage laws; (2) is not a member of any | 24 | | affiliated group that produces more than 50,000 gallons of | 25 | | spirits per annum, 930,000 gallons of beer per annum, or | 26 | | 25,000 gallons of wine per annum; (3) does not annually |
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| 1 | | manufacture for sale more than 50,000 gallons of spirits, | 2 | | 930,000 gallons of beer, or 25,000 gallons of wine; and | 3 | | (4) does not annually sell more than 5,000 gallons of its | 4 | | spirits to retail licensees. | 5 | | (D) A self-distribution exemption holder shall | 6 | | annually certify to the State Commission its manufacture | 7 | | of spirits during the previous 12 months and its | 8 | | anticipated manufacture and sales of spirits for the next | 9 | | 12 months. The State Commission may fine, suspend, or | 10 | | revoke a self-distribution exemption after a hearing if it | 11 | | finds that the exemption holder has made a material | 12 | | misrepresentation in its application, violated a revenue | 13 | | or alcoholic beverage law of Illinois, exceeded the | 14 | | manufacture of 50,000 gallons of spirits, 930,000 gallons | 15 | | of beer, or 25,000 gallons of wine in any calendar year, or | 16 | | has become part of an affiliated group manufacturing more | 17 | | than 50,000 gallons of spirits, 930,000 gallons of beer, | 18 | | or 25,000 gallons of wine. | 19 | | (E) The State Commission shall adopt rules governing | 20 | | self-distribution exemptions consistent with this Act. | 21 | | (F) Nothing in this paragraph (19) shall prohibit a | 22 | | self-distribution exemption holder from entering into or | 23 | | simultaneously having a distribution agreement with a | 24 | | licensed Illinois importing distributor or a distributor. | 25 | | (G) It is the intent of this paragraph (19) to promote | 26 | | and continue orderly markets. The General Assembly finds |
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| 1 | | that in order to preserve Illinois' regulatory | 2 | | distribution system, it is necessary to create an | 3 | | exception for smaller manufacturers in order to afford and | 4 | | allow such smaller manufacturers of spirits access to the | 5 | | marketplace in order to develop a customer base without | 6 | | impairing the
integrity of the 3-tier system. | 7 | | (20)(A) A class 3 brewer licensee who must manufacture | 8 | | less than 465,000 gallons of beer in the aggregate and not | 9 | | more than 155,000 gallons at any single brewery premises | 10 | | may make application to the State Commission for a | 11 | | self-distribution exemption to allow the sale of not more | 12 | | than 6,200 gallons of beer from each in-state or | 13 | | out-of-state class 3 brewery premises, which shall not | 14 | | exceed 18,600 gallons annually in the aggregate, that is | 15 | | manufactured at a wholly owned class 3 brewer's in-state | 16 | | or out-of-state licensed premises to retail licensees and | 17 | | class 3 brewers and to brewers, class 1 brewers, class 2 | 18 | | brewers that, pursuant to subsection (e) of Section 6-4, | 19 | | sell beer, cider, or both beer and cider to non-licensees | 20 | | at their licensed breweries. | 21 | | (B) In the application, which shall be sworn under | 22 | | penalty of perjury, the class 3 brewer licensee shall | 23 | | state: | 24 | | (1) the date it was established; | 25 | | (2) its volume of beer manufactured and sold for | 26 | | each year since its establishment; |
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| 1 | | (3) its efforts to establish distributor | 2 | | relationships; | 3 | | (4) that a self-distribution exemption is | 4 | | necessary to facilitate the marketing of its beer; and | 5 | | (5) that it will comply with the alcoholic | 6 | | beverage and revenue laws of the United States, this | 7 | | State, and any other state where it is licensed. | 8 | | (C) Any application submitted shall be posted on the | 9 | | State Commission's website at least 45 days before action | 10 | | by the State Commission. The State Commission shall | 11 | | approve the application for a self-distribution exemption | 12 | | if the class 3 brewer licensee: (1) is in compliance with | 13 | | the State, revenue, and alcoholic beverage laws; (2) is | 14 | | not a member of any affiliated group that manufacturers, | 15 | | directly or indirectly, more than 465,000 gallons of beer | 16 | | per annum ; , (3) shall not annually manufacture for sale | 17 | | more than 465,000 gallons of beer or more than 155,000 | 18 | | gallons at any single brewery premises; and (4) shall not | 19 | | annually sell more than 6,200 gallons of beer from each | 20 | | in-state or out-of-state class 3 brewery premises, and | 21 | | shall not exceed 18,600 gallons annually in the aggregate, | 22 | | to retail licensees and class 3 brewers and to brewers, | 23 | | class 1 brewers, and class 2 brewers that, pursuant to | 24 | | subsection (e) of Section 6-4 of this Act, sell beer, | 25 | | cider, or both beer and cider to non-licensees at their | 26 | | breweries. |
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| 1 | | (D) A self-distribution exemption holder shall | 2 | | annually certify to the State Commission its manufacture | 3 | | of beer during the previous 12 months and its anticipated | 4 | | manufacture and sales of beer for the next 12 months. The | 5 | | State Commission may fine, suspend, or revoke a | 6 | | self-distribution exemption after a hearing if it finds | 7 | | that the exemption holder has made a material | 8 | | misrepresentation in its application, violated a revenue | 9 | | or alcoholic beverage law of Illinois, exceeded the | 10 | | manufacture of 465,000 gallons of beer in any calendar | 11 | | year or became part of an affiliated group manufacturing | 12 | | more than 465,000 gallons of beer, or exceeded the sale to | 13 | | retail licensees, brewers, class 1 brewers, class 2 | 14 | | brewers, and class 3 brewers of 6,200 gallons per brewery | 15 | | location or 18,600 gallons in the aggregate. | 16 | | (E) The State Commission may adopt rules governing | 17 | | self-distribution exemptions consistent with this Act. | 18 | | (F) Nothing in this paragraph shall prohibit a | 19 | | self-distribution exemption holder from entering into or | 20 | | simultaneously having a distribution agreement with a | 21 | | licensed Illinois importing distributor or a distributor. | 22 | | If a self-distribution exemption holder enters into a | 23 | | distribution agreement and has assigned distribution | 24 | | rights to an importing distributor or distributor, then | 25 | | the self-distribution exemption holder's distribution | 26 | | rights in the assigned territories shall cease in a |
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| 1 | | reasonable time not to exceed 60 days. | 2 | | (G) It is the intent of this paragraph to promote and | 3 | | continue orderly markets. The General Assembly finds that | 4 | | in order to preserve Illinois' regulatory distribution | 5 | | system, it is necessary to create an exception for smaller | 6 | | manufacturers in order to afford and allow such smaller | 7 | | manufacturers of beer access to the marketplace in order | 8 | | to develop a customer base without impairing the integrity | 9 | | of the 3-tier system. | 10 | | (b) On or before April 30, 1999, the Commission shall | 11 | | present a written
report to the Governor and the General | 12 | | Assembly that shall be based on a study
of the impact of Public | 13 | | Act 90-739 on the business of soliciting,
selling, and | 14 | | shipping
alcoholic liquor from outside of this State directly | 15 | | to residents of this
State.
| 16 | | As part of its report, the Commission shall provide the | 17 | | following
information:
| 18 | | (i) the amount of State excise and sales tax revenues | 19 | | generated as a
result of Public Act 90-739;
| 20 | | (ii) the amount of licensing fees received as a result | 21 | | of Public Act 90-739;
| 22 | | (iii) the number of reported violations, the number of | 23 | | cease and desist
notices issued by the Commission, the | 24 | | number of notices of violations issued
to the Department | 25 | | of Revenue, and the number of notices and complaints of
| 26 | | violations to law enforcement officials.
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| 1 | | (Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; | 2 | | 101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff. | 3 | | 8-20-21; revised 12-13-21.)
| 4 | | (235 ILCS 5/4-4) (from Ch. 43, par. 112)
| 5 | | Sec. 4-4. Additional powers of local liquor control | 6 | | commissioners. Each local liquor control commissioner shall | 7 | | also have the
following powers, functions, and duties with | 8 | | respect to licenses, other than
licenses to manufacturers, | 9 | | importing distributors, distributors, foreign
importers, | 10 | | non-resident dealers, non-beverage users, brokers, railroads,
| 11 | | airplanes, and boats:
| 12 | | 1. To grant or suspend for not more than 30 days or | 13 | | revoke for
cause all local licenses issued to persons for | 14 | | premises within his
jurisdiction;
| 15 | | 2. To enter or to authorize any law enforcing officer | 16 | | to enter at reasonable times any
time upon any premises | 17 | | licensed hereunder to determine whether any of the
| 18 | | provisions of this Act or any rules or regulations adopted | 19 | | by him or by the
State Commission have been or are being | 20 | | violated, and at such time to
examine said premises of | 21 | | said licensee in connection therewith;
| 22 | | 3. To notify the Secretary of State where a club | 23 | | incorporated under the
General Not for Profit Corporation | 24 | | Act of 1986 or a foreign corporation
functioning
as a club | 25 | | in this State under a certificate of authority issued |
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| 1 | | under that
Act has violated this Act by selling or | 2 | | offering for sale at retail alcoholic
liquors without a | 3 | | retailer's license;
| 4 | | 4. To receive a complaint from any citizen within his | 5 | | jurisdiction that
any of the provisions of this Act, or | 6 | | any rules or regulations adopted
pursuant hereto, have | 7 | | been or are being violated and to act upon the complaint in | 8 | | the manner hereinafter provided;
| 9 | | 5. To receive local license fees and pay the same | 10 | | forthwith to the city,
village, town, or county treasurer, | 11 | | as the case may be.
| 12 | | Each local liquor commissioner also has the duty to notify
| 13 | | the Secretary of State of any convictions or dispositions of | 14 | | court supervision for a violation of Section 6-20 of
this Act | 15 | | or a similar provision of a local ordinance.
| 16 | | In counties and municipalities, the local liquor control
| 17 | | commissioners shall also have the power to levy fines in | 18 | | accordance with
Section 7-5 of this Act.
| 19 | | For the purposes of this Section, the term "at reasonable | 20 | | times" means (i) during normal business hours; (ii) during the | 21 | | hours of operation of the business; (iii) any time the | 22 | | business is found to be operating; or (iv) any time when a | 23 | | customer is in the business, including before or after the | 24 | | hours of operation of such business. | 25 | | (Source: P.A. 100-863, eff. 8-14-18.)
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| 1 | | (235 ILCS 5/8-2) (from Ch. 43, par. 159)
| 2 | | Sec. 8-2. Payments; reports. It is the duty of each | 3 | | manufacturer with respect to alcoholic
liquor produced or | 4 | | imported by such manufacturer, or purchased tax-free by
such | 5 | | manufacturer from another manufacturer or importing
| 6 | | distributor, and of each importing distributor as to alcoholic | 7 | | liquor
purchased by such importing distributor from foreign | 8 | | importers or from
anyone from any point in the United States | 9 | | outside of this State or
purchased tax-free from another | 10 | | manufacturer or importing
distributor, to pay the tax imposed | 11 | | by Section 8-1 to the
Department of Revenue on or before the | 12 | | 15th day of the calendar month
following the calendar month in | 13 | | which such alcoholic liquor is sold or used
by such | 14 | | manufacturer or by such importing distributor other than in an
| 15 | | authorized tax-free manner or to pay that tax electronically | 16 | | as provided in
this Section.
| 17 | | Each manufacturer and each importing distributor shall
| 18 | | make payment under one of the following methods: (1) on or | 19 | | before the
15th day of each calendar month, file in person or | 20 | | by United States
first-class
mail, postage pre-paid,
with the | 21 | | Department of Revenue, on
forms prescribed and furnished by | 22 | | the Department, a report in writing in
such form as may be | 23 | | required by the Department in order to compute, and
assure the | 24 | | accuracy of, the tax due on all taxable sales and uses of
| 25 | | alcoholic liquor occurring during the preceding month. Payment | 26 | | of the tax
in the amount disclosed by the report shall |
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| 1 | | accompany the report or, (2) on
or
before the 15th day of each | 2 | | calendar month, electronically file with the
Department of | 3 | | Revenue, on forms prescribed and furnished by the Department, | 4 | | an
electronic report in such form as may be required by the | 5 | | Department in order to
compute,
and assure the accuracy of, | 6 | | the tax due on all taxable sales and uses of
alcoholic liquor
| 7 | | occurring during the preceding month. An electronic payment of | 8 | | the tax in the
amount
disclosed by the report shall accompany | 9 | | the report. A manufacturer or
distributor who
files an | 10 | | electronic report and electronically pays the tax imposed | 11 | | pursuant to
Section 8-1
to the Department of Revenue on or | 12 | | before the 15th day of the calendar month
following
the | 13 | | calendar month in which such alcoholic liquor is sold or used | 14 | | by that
manufacturer or
importing distributor other than in an | 15 | | authorized tax-free manner shall pay to
the
Department the | 16 | | amount of the tax imposed pursuant to Section 8-1, less a
| 17 | | discount
which is allowed to reimburse the manufacturer or | 18 | | importing distributor
for the
expenses incurred in keeping and | 19 | | maintaining records, preparing and filing the
electronic
| 20 | | returns, remitting the tax, and supplying data to the | 21 | | Department upon
request.
| 22 | | The discount shall be in an amount as follows:
| 23 | | (1) For original returns due on or after January 1, | 24 | | 2003 through
September 30, 2003, the discount shall be | 25 | | 1.75% or $1,250 per return, whichever
is less;
| 26 | | (2) For original returns due on or after October 1, |
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| 1 | | 2003 through September
30, 2004, the discount shall be 2% | 2 | | or $3,000 per return, whichever is less; and
| 3 | | (3) For original returns due on or after October 1, | 4 | | 2004, the discount
shall
be 2% or $2,000 per return, | 5 | | whichever is less.
| 6 | | The Department may, if it deems it necessary in order to | 7 | | insure the
payment of the tax imposed by this Article, require | 8 | | returns to be made
more frequently than and covering periods | 9 | | of less than a month. Such return
shall contain such further | 10 | | information as the Department may reasonably
require.
| 11 | | It shall be presumed that all alcoholic liquors acquired | 12 | | or made by any
importing distributor or manufacturer have been | 13 | | sold or used by him in this
State and are the basis for the tax | 14 | | imposed by this Article unless proven,
to the satisfaction of | 15 | | the Department, that such alcoholic liquors are (1)
still in | 16 | | the possession of such importing distributor or manufacturer, | 17 | | or
(2) prior to the termination of possession have been lost by | 18 | | theft or
through unintentional destruction, or (3) that such | 19 | | alcoholic liquors are
otherwise exempt from taxation under | 20 | | this Act.
| 21 | | If any payment provided for in this Section exceeds the | 22 | | manufacturer's or importing distributor's liabilities under | 23 | | this Act, as shown on an original report, the manufacturer or | 24 | | importing distributor may credit such excess payment against | 25 | | liability subsequently to be remitted to the Department under | 26 | | this Act, in accordance with reasonable rules adopted by the |
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| 1 | | Department. If the Department subsequently determines that all | 2 | | or any part of the credit taken was not actually due to the | 3 | | manufacturer or importing distributor, the manufacturer's or | 4 | | importing distributor's discount shall be reduced by an amount | 5 | | equal to the difference between the discount as applied to the | 6 | | credit taken and that actually due, and the manufacturer or | 7 | | importing distributor shall be liable for penalties and | 8 | | interest on such difference. | 9 | | The Department may require any foreign importer to file | 10 | | monthly
information returns, by the 15th day of the month | 11 | | following the month which
any such return covers, if the | 12 | | Department determines this to be necessary
to the proper | 13 | | performance of the Department's functions and duties under
| 14 | | this Act. Such return shall contain such information as the | 15 | | Department may
reasonably require.
| 16 | | Every manufacturer and importing distributor, except for a | 17 | | new applicant for a manufacturer license or importing | 18 | | distributor license or a
manufacturer or importing distributor | 19 | | that in the preceding
year had less than $50,000 of tax | 20 | | liability under this Article, shall also file, with the
| 21 | | Department, a bond in an amount not less than $1,000 and not to | 22 | | exceed
$100,000 on a form to be approved by, and with a surety | 23 | | or sureties
satisfactory to, the Department. Such bond shall | 24 | | be conditioned upon the
manufacturer or importing distributor | 25 | | paying to the Department all monies
becoming due from such | 26 | | manufacturer or importing distributor under this
Article. The |
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| 1 | | Department shall fix the penalty of such bond in each case,
| 2 | | taking into consideration the amount of alcoholic liquor | 3 | | expected to be
sold and used by such manufacturer or importing | 4 | | distributor, and the
penalty fixed by the Department shall be | 5 | | sufficient, in the Department's
opinion, to protect the State | 6 | | of Illinois against failure to pay any amount
due under this | 7 | | Article, but the amount of the penalty fixed by the
Department | 8 | | shall not exceed twice the amount of tax liability of a monthly
| 9 | | return, nor shall the amount of such penalty be less than | 10 | | $1,000. The
Department shall notify the State Commission of | 11 | | the Department's approval or
disapproval of any such | 12 | | manufacturer's or importing distributor's bond, or
of the | 13 | | termination or cancellation of any such bond, or of the | 14 | | Department's
direction to a manufacturer or importing | 15 | | distributor that he must file
additional bond in order to | 16 | | comply with this Section. The Commission shall
not issue a | 17 | | license to any applicant for a manufacturer's or importing
| 18 | | distributor's license unless the Commission has received a | 19 | | notification
from the Department showing that such applicant | 20 | | has filed a satisfactory
bond with the Department hereunder | 21 | | and that such bond has been approved by
the Department. | 22 | | Failure by any licensed manufacturer or importing
distributor | 23 | | to keep a satisfactory bond in effect with the Department or to
| 24 | | furnish additional bond to the Department, when required | 25 | | hereunder by the
Department to do so, shall be grounds for the | 26 | | revocation or suspension of
such manufacturer's or importing |
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| 1 | | distributor's license by the Commission.
If a manufacturer or | 2 | | importing distributor fails to pay any amount due
under this | 3 | | Article, his bond with the Department shall be deemed | 4 | | forfeited,
and the Department may institute a suit in its own | 5 | | name on such bond.
| 6 | | After notice and opportunity for a hearing the State | 7 | | Commission may
revoke or suspend the license of any | 8 | | manufacturer or importing distributor
who fails to comply with | 9 | | the provisions of this Section. Notice of such
hearing and the | 10 | | time and place thereof shall be in writing and shall
contain a | 11 | | statement of the charges against the licensee. Such notice may | 12 | | be
given by United States registered or certified mail with | 13 | | return receipt
requested, addressed to the person concerned at | 14 | | his last known address and
shall be given not less than 7 days | 15 | | prior to the date fixed for the
hearing. An order revoking or | 16 | | suspending a license under the provisions of
this Section may | 17 | | be reviewed in the manner provided in Section 7-10
of this Act. | 18 | | No new license shall be granted to a person
whose license has | 19 | | been revoked for a violation of this Section or, in case
of | 20 | | suspension, shall such suspension be terminated until he has | 21 | | paid to the
Department all taxes and penalties which he owes | 22 | | the State under the
provisions of this Act.
| 23 | | Every manufacturer or importing distributor who has, as | 24 | | verified by
the Department, continuously complied with the | 25 | | conditions of the bond under
this Act for a period of 2 years | 26 | | shall be considered to be a prior
continuous compliance |
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| 1 | | taxpayer. In determining the consecutive period of
time for | 2 | | qualification as a prior continuous compliance taxpayer, any
| 3 | | consecutive period of time of qualifying compliance | 4 | | immediately prior to
the effective date of this amendatory Act | 5 | | of 1987 shall be credited to any
manufacturer or importing | 6 | | distributor.
| 7 | | A manufacturer or importing distributor that is a prior | 8 | | continuous compliance taxpayer under this Section and becomes | 9 | | a successor as the result of an acquisition, merger, or | 10 | | consolidation of a manufacturer or importing distributor shall | 11 | | be deemed to be a prior continuous compliance taxpayer with | 12 | | respect to the acquired, merged, or consolidated entity.
| 13 | | Every prior continuous compliance taxpayer shall be exempt | 14 | | from the bond
requirements of this Act until the Department | 15 | | has determined the taxpayer
to be delinquent in the filing of | 16 | | any return or deficient in the payment of
any tax under this | 17 | | Act. Any taxpayer who fails to pay an admitted or
established | 18 | | liability under this Act may also be required to post bond or
| 19 | | other acceptable security with the Department guaranteeing the | 20 | | payment of
such admitted or established liability.
| 21 | | The Department shall discharge any surety and shall | 22 | | release and return
any bond or security deposit assigned, | 23 | | pledged or otherwise provided to it
by a taxpayer under this | 24 | | Section within 30 days after: (1) such taxpayer
becomes a | 25 | | prior continuous compliance taxpayer; or (2) such taxpayer has
| 26 | | ceased to collect receipts on which he is required to remit tax |
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| 1 | | to the
Department, has filed a final tax return, and has paid | 2 | | to the Department an
amount sufficient to discharge his | 3 | | remaining tax liability as determined by
the Department under | 4 | | this Act.
| 5 | | (Source: P.A. 100-1171, eff. 1-4-19; 101-37, eff. 7-3-19.)
| 6 | | (235 ILCS 5/10-6) (from Ch. 43, par. 188)
| 7 | | Sec. 10-6. Forfeiture. Any person who shall knowingly | 8 | | possess, sell, ship,
transport or in
any wise dispose of any | 9 | | alcoholic liquor under any other than the proper
name or brand | 10 | | known to the trade as designating the kind and quality of the
| 11 | | contents of the package or other containers of said alcoholic | 12 | | liquor, or
who shall cause any such Act to be done , or who | 13 | | shall knowingly possess, sell, ship, transport, or in any way | 14 | | dispose of any alcoholic liquor in violation of the provisions | 15 | | of this Act , shall have no property right of any kind in said | 16 | | alcoholic liquor and shall forfeit to the State said
alcoholic | 17 | | liquor and said packages and containers and shall be subject | 18 | | to
the punishment and penalties provided for violation of this | 19 | | Act.
| 20 | | (Source: P.A. 82-783.)
| 21 | | (235 ILCS 5/10-8) (from Ch. 43, par. 190)
| 22 | | Sec. 10-8. Complaints. Whenever complaint is made in | 23 | | writing, verified by
affidavit, to any judge of the circuit | 24 | | court, that
complainant has just and reasonable grounds to |
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| 1 | | believe and does believe
that alcoholic liquor is | 2 | | manufactured, possessed, kept for sale, used or
transported, | 3 | | in violation of this Act, or any mash, still or other property
| 4 | | designed for the manufacture of alcoholic liquor is possessed | 5 | | in any
premises which are not licensed hereunder, | 6 | | (particularly describing and
designating such property in the | 7 | | complaint), the judge may issue a search
warrant as | 8 | | hereinafter provided; provided, however, no search warrant | 9 | | shall
be necessary for the inspection or search at reasonable | 10 | | times of any premises licensed under
this Act, and provided, | 11 | | further, that no search warrant shall be issued for
the search | 12 | | of premises in use for residence purposes. The property seized
| 13 | | on any such warrant shall not be taken from the officer seizing | 14 | | the same on
any order of replevin or other like process. For | 15 | | the purposes of this Section, the term "at reasonable times" | 16 | | means (i) during normal business hours; (ii) during the hours | 17 | | of operation of the business; (iii) any time the business is | 18 | | found to be
operating; or (iv) any time when a customer is in | 19 | | the business, including before or after the hours of operation | 20 | | of such business.
| 21 | | Each complaint shall be substantially in the following | 22 | | form:
| 23 | | State of Illinois,)
| 24 | | ) ss.
| 25 | | County of Cook. )
| 26 | | Complaint for Search Warrant.
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| 1 | | The complaint and affidavit of .... (name of complainant), | 2 | | of .... (his
residence), made before .... (name of officer) | 3 | | one of the .... (official title
of officer), in and for the | 4 | | .... (county, city or village, as the case may be),
on (insert | 5 | | date), being first duly sworn,
upon his oath says: That he has | 6 | | just and reasonable grounds to believe, and
does believe that | 7 | | alcoholic liquor is now unlawfully (manufactured, possessed,
| 8 | | used, disposed of or kept for sale, or any mash, still or other | 9 | | property
designed for the illegal manufacture of alcoholic | 10 | | liquor is possessed
therein, as the case may be), to-wit: At | 11 | | and within a certain .... (here
describe the house, building, | 12 | | premises, boat, vehicle, receptacle or other
place to be | 13 | | searched, with particulars as to the location sufficiently to
| 14 | | identify it, stating the name of the person occupying the | 15 | | same, if known),
in the .... (city, village or town of) ...., | 16 | | in the county and state set out
above; that the following are | 17 | | the reasons for his or her belief, to-wit
.... (here insert the | 18 | | facts upon which such belief is based). Wherefore
complainant | 19 | | prays that a search warrant may issue according to law.
| 20 | | ...........................
| 21 | | (Signature of complainant.)
| 22 | | Subscribed and Sworn to before me on (insert date).
| 23 | | ............................
| 24 | | (Name of officer.)
| 25 | | ............................
| 26 | | (Official title of officer.)
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| 1 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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