Illinois General Assembly - Full Text of HB4456
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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

    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.


LRB102 24101 RPS 33327 b

 

 

A BILL FOR

 

HB4456LRB102 24101 RPS 33327 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing 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,
9on or after January 1, 2011, first becomes a member or a
10participant under any reciprocal retirement system or pension
11fund established under this Code, other than a retirement
12system or pension fund established under Article 2, 3, 4, 5, 6,
137, 15, or 18 of this Code, notwithstanding any other provision
14of this Code to the contrary, but do not apply to any
15self-managed plan established under this Code or to any
16participant of the retirement plan established under Section
1722-101; except that this Section applies to a person who
18elected to establish alternative credits by electing in
19writing after January 1, 2011, but before August 8, 2011,
20under Section 7-145.1 of this Code. Notwithstanding anything
21to the contrary in this Section, for purposes of this Section,
22a person who is a Tier 1 regular employee as defined in Section
237-109.4 of this Code or who participated in a retirement

 

 

HB4456- 2 -LRB102 24101 RPS 33327 b

1system under Article 15 prior to January 1, 2011 shall be
2deemed a person who first became a member or participant prior
3to January 1, 2011 under any retirement system or pension fund
4subject to this Section. The changes made to this Section by
5Public Act 98-596 are a clarification of existing law and are
6intended to be retroactive to January 1, 2011 (the effective
7date of Public Act 96-889), notwithstanding the provisions of
8Section 1-103.1 of this Code.
9    This Section does not apply to a person who first becomes a
10noncovered employee under Article 14 on or after the
11implementation date of the plan created under Section 1-161
12for that Article, unless that person elects under subsection
13(b) of Section 1-161 to instead receive the benefits provided
14under this Section and the applicable provisions of that
15Article.
16    This Section does not apply to a person who first becomes a
17member or participant under Article 16 on or after the
18implementation date of the plan created under Section 1-161
19for that Article, unless that person elects under subsection
20(b) of Section 1-161 to instead receive the benefits provided
21under this Section and the applicable provisions of that
22Article.
23    This Section does not apply to a person who elects under
24subsection (c-5) of Section 1-161 to receive the benefits
25under Section 1-161.
26    This Section does not apply to a person who first becomes a

 

 

HB4456- 3 -LRB102 24101 RPS 33327 b

1member or participant of an affected pension fund on or after 6
2months after the resolution or ordinance date, as defined in
3Section 1-162, unless that person elects under subsection (c)
4of Section 1-162 to receive the benefits provided under this
5Section and the applicable provisions of the Article under
6which he or she is a member or participant.
7    (b) "Final average salary" means, except as otherwise
8provided in this subsection, the average monthly (or annual)
9salary obtained by dividing the total salary or earnings
10calculated under the Article applicable to the member or
11participant during the 96 consecutive months (or 8 consecutive
12years) of service within the last 120 months (or 10 years) of
13service in which the total salary or earnings calculated under
14the applicable Article was the highest by the number of months
15(or years) of service in that period. For the purposes of a
16person who first becomes a member or participant of any
17retirement system or pension fund to which this Section
18applies on or after January 1, 2011, in this Code, "final
19average 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".

 

 

HB4456- 4 -LRB102 24101 RPS 33327 b

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
5of Illinois who retires on or after June 1, 2021 and for whom
6the 2020-2021 school year is used in the calculation of the
7member's final average salary shall use the higher of the
8following for the purpose of determining the member's final
9average 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
22this Code (including without limitation the calculation of
23benefits and employee contributions), the annual earnings,
24salary, or wages (based on the plan year) of a member or
25participant to whom this Section applies shall not exceed
26$106,800; however, that amount shall annually thereafter be

 

 

HB4456- 5 -LRB102 24101 RPS 33327 b

1increased by the lesser of (i) 3% of that amount, including all
2previous adjustments, or (ii) one-half the annual unadjusted
3percentage increase (but not less than zero) in the consumer
4price index-u for the 12 months ending with the September
5preceding each November 1, including all previous adjustments.
6    For the purposes of this Section, "consumer price index-u"
7means the index published by the Bureau of Labor Statistics of
8the United States Department of Labor that measures the
9average change in prices of goods and services purchased by
10all urban consumers, United States city average, all items,
111982-84 = 100. The new amount resulting from each annual
12adjustment shall be determined by the Public Pension Division
13of the Department of Insurance and made available to the
14boards of the retirement systems and pension funds by November
151 of each year.
16    (c) A member or participant is entitled to a retirement
17annuity upon written application if he or she has attained age
1867 (age 65, with respect to service under Article 12 that is
19subject to this Section, for a member or participant under
20Article 12 who first becomes a member or participant under
21Article 12 on or after January 1, 2022 or who makes the
22election under item (i) of subsection (d-15) of this Section)
23and has at least 10 years of service credit and is otherwise
24eligible under the requirements of the applicable Article.
25    A member or participant who has attained age 62 (age 60,
26with respect to service under Article 12 that is subject to

 

 

HB4456- 6 -LRB102 24101 RPS 33327 b

1this Section, for a member or participant under Article 12 who
2first becomes a member or participant under Article 12 on or
3after January 1, 2022 or who makes the election under item (i)
4of subsection (d-15) of this Section) and has at least 10 years
5of service credit and is otherwise eligible under the
6requirements of the applicable Article may elect to receive
7the lower retirement annuity provided in subsection (d) of
8this Section.
9    (c-5) A person who first becomes a member or a participant
10subject to this Section on or after July 6, 2017 (the effective
11date of Public Act 100-23), notwithstanding any other
12provision of this Code to the contrary, is entitled to a
13retirement annuity under Article 8 or Article 11 upon written
14application if he or she has attained age 65 and has at least
1510 years of service credit and is otherwise eligible under the
16requirements of Article 8 or Article 11 of this Code,
17whichever is applicable.
18    (d) The retirement annuity of a member or participant who
19is retiring after attaining age 62 (age 60, with respect to
20service under Article 12 that is subject to this Section, for a
21member or participant under Article 12 who first becomes a
22member or participant under Article 12 on or after January 1,
232022 or who makes the election under item (i) of subsection
24(d-15) of this Section) with at least 10 years of service
25credit shall be reduced by one-half of 1% for each full month
26that the member's age is under age 67 (age 65, with respect to

 

 

HB4456- 7 -LRB102 24101 RPS 33327 b

1service under Article 12 that is subject to this Section, for a
2member or participant under Article 12 who first becomes a
3member or participant under Article 12 on or after January 1,
42022 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
7Article 11 to an eligible person subject to subsection (c-5)
8of this Section who is retiring at age 60 with at least 10
9years of service credit shall be reduced by one-half of 1% for
10each full month that the member's age is under age 65.
11    (d-10) Each person who first became a member or
12participant under Article 8 or Article 11 of this Code on or
13after January 1, 2011 and prior to July 6, 2017 (the effective
14date of Public Act 100-23) this amendatory Act of the 100th
15General 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

 

 

HB4456- 8 -LRB102 24101 RPS 33327 b

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
7between October 1, 2017 and November 15, 2017. A person
8subject to this subsection who makes the required election
9shall remain bound by that election. A person subject to this
10subsection who fails for any reason to make the required
11election within the time specified in this subsection shall be
12deemed to have made the election under item (ii).
13    (d-15) Each person who first becomes a member or
14participant under Article 12 on or after January 1, 2011 and
15prior to January 1, 2022 shall make an irrevocable election
16either:
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

 

 

HB4456- 9 -LRB102 24101 RPS 33327 b

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
5between January 1, 2022 and April 1, 2022. A person subject to
6this subsection who makes the required election shall remain
7bound by that election. A person subject to this subsection
8who fails for any reason to make the required election within
9the time specified in this subsection shall be deemed to have
10made the election under item (ii).
11    (e) Any retirement annuity or supplemental annuity shall
12be subject to annual increases on the January 1 occurring
13either on or after the attainment of age 67 (age 65, with
14respect to service under Article 12 that is subject to this
15Section, for a member or participant under Article 12 who
16first becomes a member or participant under Article 12 on or
17after January 1, 2022 or who makes the election under item (i)
18of subsection (d-15); and beginning on July 6, 2017 (the
19effective date of Public Act 100-23) this amendatory Act of
20the 100th General Assembly, age 65 with respect to service
21under Article 8 or Article 11 for eligible persons who: (i) are
22subject to subsection (c-5) of this Section; or (ii) made the
23election under item (i) of subsection (d-10) of this Section)
24or the first anniversary of the annuity start date, whichever
25is later. Each annual increase shall be calculated at 3% or
26one-half the annual unadjusted percentage increase (but not

 

 

HB4456- 10 -LRB102 24101 RPS 33327 b

1less than zero) in the consumer price index-u for the 12 months
2ending with the September preceding each November 1, whichever
3is less, of the originally granted retirement annuity. If the
4annual unadjusted percentage change in the consumer price
5index-u for the 12 months ending with the September preceding
6each November 1 is zero or there is a decrease, then the
7annuity shall not be increased.
8    For the purposes of Section 1-103.1 of this Code, the
9changes made to this Section by Public Act 102-263 this
10amendatory Act of the 102nd General Assembly are applicable
11without regard to whether the employee was in active service
12on or after August 6, 2021 (the effective date of Public Act
13102-263) this amendatory Act of the 102nd General Assembly.
14    For the purposes of Section 1-103.1 of this Code, the
15changes made to this Section by Public Act 100-23 this
16amendatory Act of the 100th General Assembly are applicable
17without regard to whether the employee was in active service
18on or after July 6, 2017 (the effective date of Public Act
19100-23) this amendatory Act of the 100th General Assembly.
20    (f) The initial survivor's or widow's annuity of an
21otherwise eligible survivor or widow of a retired member or
22participant who first became a member or participant on or
23after January 1, 2011 shall be in the amount of 66 2/3% of the
24retired member's or participant's retirement annuity at the
25date of death. In the case of the death of a member or
26participant who has not retired and who first became a member

 

 

HB4456- 11 -LRB102 24101 RPS 33327 b

1or participant on or after January 1, 2011, eligibility for a
2survivor's or widow's annuity shall be determined by the
3applicable Article of this Code. The initial benefit shall be
466 2/3% of the earned annuity without a reduction due to age. A
5child's annuity of an otherwise eligible child shall be in the
6amount prescribed under each Article if applicable. Any
7survivor's or widow's annuity shall be increased (1) on each
8January 1 occurring on or after the commencement of the
9annuity if the deceased member died while receiving a
10retirement annuity or (2) in other cases, on each January 1
11occurring after the first anniversary of the commencement of
12the annuity. Each annual increase shall be calculated at 3% or
13one-half the annual unadjusted percentage increase (but not
14less than zero) in the consumer price index-u for the 12 months
15ending with the September preceding each November 1, whichever
16is less, of the originally granted survivor's annuity. If the
17annual unadjusted percentage change in the consumer price
18index-u for the 12 months ending with the September preceding
19each November 1 is zero or there is a decrease, then the
20annuity shall not be increased.
21    (g) The benefits in Section 14-110 apply only if the
22person is a State policeman, a fire fighter in the fire
23protection service of a department, a conservation police
24officer, an investigator for the Secretary of State, an arson
25investigator, a Commerce Commission police officer,
26investigator for the Department of Revenue, Illinois Liquor

 

 

HB4456- 12 -LRB102 24101 RPS 33327 b

1Control Commission, or the Illinois Gaming Board, a security
2employee of the Department of Corrections or the Department of
3Juvenile Justice, or a security employee of the Department of
4Innovation and Technology, as those terms are defined in
5subsection (b) and subsection (c) of Section 14-110. A person
6who meets the requirements of this Section is entitled to an
7annuity calculated under the provisions of Section 14-110, in
8lieu of the regular or minimum retirement annuity, only if the
9person has withdrawn from service with not less than 20 years
10of eligible creditable service and has attained age 60,
11regardless of whether the attainment of age 60 occurs while
12the person is still in service.
13    (h) If a person who first becomes a member or a participant
14of a retirement system or pension fund subject to this Section
15on or after January 1, 2011 is receiving a retirement annuity
16or retirement pension under that system or fund and becomes a
17member or participant under any other system or fund created
18by this Code and is employed on a full-time basis, except for
19those members or participants exempted from the provisions of
20this Section under subsection (a) of this Section, then the
21person's retirement annuity or retirement pension under that
22system or fund shall be suspended during that employment. Upon
23termination of that employment, the person's retirement
24annuity or retirement pension payments shall resume and be
25recalculated if recalculation is provided for under the
26applicable Article of this Code.

 

 

HB4456- 13 -LRB102 24101 RPS 33327 b

1    If a person who first becomes a member of a retirement
2system or pension fund subject to this Section on or after
3January 1, 2012 and is receiving a retirement annuity or
4retirement pension under that system or fund and accepts on a
5contractual basis a position to provide services to a
6governmental entity from which he or she has retired, then
7that person's annuity or retirement pension earned as an
8active employee of the employer shall be suspended during that
9contractual service. A person receiving an annuity or
10retirement pension under this Code shall notify the pension
11fund or retirement system from which he or she is receiving an
12annuity or retirement pension, as well as his or her
13contractual employer, of his or her retirement status before
14accepting contractual employment. A person who fails to submit
15such notification shall be guilty of a Class A misdemeanor and
16required to pay a fine of $1,000. Upon termination of that
17contractual employment, the person's retirement annuity or
18retirement pension payments shall resume and, if appropriate,
19be recalculated under the applicable provisions of this Code.
20    (i) (Blank).
21    (j) In the case of a conflict between the provisions of
22this Section and any other provision of this Code, the
23provisions of this Section shall control.
24(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
25102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
 

 

 

HB4456- 14 -LRB102 24101 RPS 33327 b

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
4less than 20 years of eligible creditable service and has
5attained age 55, and any member who has withdrawn from service
6with not less than 25 years of eligible creditable service and
7has attained age 50, regardless of whether the attainment of
8either of the specified ages occurs while the member is still
9in service, shall be entitled to receive at the option of the
10member, in lieu of the regular or minimum retirement annuity,
11a 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

 

 

HB4456- 15 -LRB102 24101 RPS 33327 b

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
5average compensation if retirement occurs before January 1,
62001 or to a maximum of 80% of final average compensation if
7retirement occurs on or after January 1, 2001.
8    These rates shall not be applicable to any service
9performed by a member as a covered employee which is not
10eligible creditable service. Service as a covered employee
11which is not eligible creditable service shall be subject to
12the rates and provisions of Section 14-108.
13    (b) For the purpose of this Section, "eligible creditable
14service" means creditable service resulting from service in
15one 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

 

 

HB4456- 16 -LRB102 24101 RPS 33327 b

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
20this subsection is entitled to eligible creditable service for
21service credit earned under this Article while undergoing the
22basic police training course approved by the Illinois Law
23Enforcement Training Standards Board, if completion of that
24training is required of persons serving in that position. For
25the purposes of this Code, service during the required basic
26police training course shall be deemed performance of the

 

 

HB4456- 17 -LRB102 24101 RPS 33327 b

1duties of the specified position, even though the person is
2not a sworn peace officer at the time of the training.
3    A person under paragraph (20) is entitled to eligible
4creditable service for service credit earned under this
5Article on and after his or her transfer by Executive Order No.
62003-10, Executive Order No. 2004-2, or Executive Order No.
72016-1.
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.

 

 

HB4456- 18 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 19 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 20 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 21 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 22 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 23 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 24 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 25 -LRB102 24101 RPS 33327 b

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.

 

 

HB4456- 26 -LRB102 24101 RPS 33327 b

1    (d) A security employee of the Department of Corrections
2or the Department of Juvenile Justice, a security employee of
3the Department of Human Services who is not a mental health
4police officer, and a security employee of the Department of
5Innovation and Technology shall not be eligible for the
6alternative retirement annuity provided by this Section unless
7he or she meets the following minimum age and service
8requirements 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

 

 

HB4456- 27 -LRB102 24101 RPS 33327 b

1Code for service as a security employee of the Department of
2Corrections or the Department of Juvenile Justice, or the
3Department of Human Services in a position requiring
4certification as a teacher may count such service toward
5establishing their eligibility under the service requirements
6of this Section; but such service may be used only for
7establishing such eligibility, and not for the purpose of
8increasing or calculating any benefit.
9    (e) If a member enters military service while working in a
10position in which eligible creditable service may be earned,
11and returns to State service in the same or another such
12position, and fulfills in all other respects the conditions
13prescribed in this Article for credit for military service,
14such military service shall be credited as eligible creditable
15service for the purposes of the retirement annuity prescribed
16in this Section.
17    (f) For purposes of calculating retirement annuities under
18this Section, periods of service rendered after December 31,
191968 and before October 1, 1975 as a covered employee in the
20position of special agent, conservation police officer, mental
21health police officer, or investigator for the Secretary of
22State, shall be deemed to have been service as a noncovered
23employee, provided that the employee pays to the System prior
24to retirement an amount equal to (1) the difference between
25the employee contributions that would have been required for
26such service as a noncovered employee, and the amount of

 

 

HB4456- 28 -LRB102 24101 RPS 33327 b

1employee contributions actually paid, plus (2) if payment is
2made after July 31, 1987, regular interest on the amount
3specified in item (1) from the date of service to the date of
4payment.
5    For purposes of calculating retirement annuities under
6this Section, periods of service rendered after December 31,
71968 and before January 1, 1982 as a covered employee in the
8position of investigator for the Department of Revenue shall
9be deemed to have been service as a noncovered employee,
10provided that the employee pays to the System prior to
11retirement an amount equal to (1) the difference between the
12employee contributions that would have been required for such
13service as a noncovered employee, and the amount of employee
14contributions actually paid, plus (2) if payment is made after
15January 1, 1990, regular interest on the amount specified in
16item (1) from the date of service to the date of payment.
17    (g) A State policeman may elect, not later than January 1,
181990, to establish eligible creditable service for up to 10
19years of his service as a policeman under Article 3, by filing
20a written election with the Board, accompanied by payment of
21an amount to be determined by the Board, equal to (i) the
22difference between the amount of employee and employer
23contributions transferred to the System under Section 3-110.5,
24and the amounts that would have been contributed had such
25contributions been made at the rates applicable to State
26policemen, plus (ii) interest thereon at the effective rate

 

 

HB4456- 29 -LRB102 24101 RPS 33327 b

1for each year, compounded annually, from the date of service
2to the date of payment.
3    Subject to the limitation in subsection (i), a State
4policeman may elect, not later than July 1, 1993, to establish
5eligible creditable service for up to 10 years of his service
6as a member of the County Police Department under Article 9, by
7filing a written election with the Board, accompanied by
8payment of an amount to be determined by the Board, equal to
9(i) the difference between the amount of employee and employer
10contributions transferred to the System under Section 9-121.10
11and the amounts that would have been contributed had those
12contributions been made at the rates applicable to State
13policemen, plus (ii) interest thereon at the effective rate
14for each year, compounded annually, from the date of service
15to the date of payment.
16    (h) Subject to the limitation in subsection (i), a State
17policeman or investigator for the Secretary of State may elect
18to establish eligible creditable service for up to 12 years of
19his service as a policeman under Article 5, by filing a written
20election with the Board on or before January 31, 1992, and
21paying to the System by January 31, 1994 an amount to be
22determined by the Board, equal to (i) the difference between
23the amount of employee and employer contributions transferred
24to the System under Section 5-236, and the amounts that would
25have been contributed had such contributions been made at the
26rates applicable to State policemen, plus (ii) interest

 

 

HB4456- 30 -LRB102 24101 RPS 33327 b

1thereon at the effective rate for each year, compounded
2annually, from the date of service to the date of payment.
3    Subject to the limitation in subsection (i), a State
4policeman, conservation police officer, or investigator for
5the Secretary of State may elect to establish eligible
6creditable service for up to 10 years of service as a sheriff's
7law enforcement employee under Article 7, by filing a written
8election with the Board on or before January 31, 1993, and
9paying to the System by January 31, 1994 an amount to be
10determined by the Board, equal to (i) the difference between
11the amount of employee and employer contributions transferred
12to the System under Section 7-139.7, and the amounts that
13would have been contributed had such contributions been made
14at the rates applicable to State policemen, plus (ii) interest
15thereon at the effective rate for each year, compounded
16annually, from the date of service to the date of payment.
17    Subject to the limitation in subsection (i), a State
18policeman, conservation police officer, or investigator for
19the Secretary of State may elect to establish eligible
20creditable service for up to 5 years of service as a police
21officer under Article 3, a policeman under Article 5, a
22sheriff's law enforcement employee under Article 7, a member
23of the county police department under Article 9, or a police
24officer under Article 15 by filing a written election with the
25Board and paying to the System an amount to be determined by
26the Board, equal to (i) the difference between the amount of

 

 

HB4456- 31 -LRB102 24101 RPS 33327 b

1employee and employer contributions transferred to the System
2under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
3and the amounts that would have been contributed had such
4contributions been made at the rates applicable to State
5policemen, plus (ii) interest thereon at the effective rate
6for each year, compounded annually, from the date of service
7to the date of payment.
8    Subject to the limitation in subsection (i), an
9investigator for the Office of the Attorney General, or an
10investigator for the Department of Revenue, may elect to
11establish eligible creditable service for up to 5 years of
12service as a police officer under Article 3, a policeman under
13Article 5, a sheriff's law enforcement employee under Article
147, or a member of the county police department under Article 9
15by filing a written election with the Board within 6 months
16after August 25, 2009 (the effective date of Public Act
1796-745) and paying to the System an amount to be determined by
18the Board, equal to (i) the difference between the amount of
19employee and employer contributions transferred to the System
20under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
21amounts that would have been contributed had such
22contributions been made at the rates applicable to State
23policemen, plus (ii) interest thereon at the actuarially
24assumed rate for each year, compounded annually, from the date
25of service to the date of payment.
26    Subject to the limitation in subsection (i), a State

 

 

HB4456- 32 -LRB102 24101 RPS 33327 b

1policeman, conservation police officer, investigator for the
2Office of the Attorney General, an investigator for the
3Department of Revenue, or investigator for the Secretary of
4State may elect to establish eligible creditable service for
5up to 5 years of service as a person employed by a
6participating municipality to perform police duties, or law
7enforcement officer employed on a full-time basis by a forest
8preserve district under Article 7, a county corrections
9officer, or a court services officer under Article 9, by
10filing a written election with the Board within 6 months after
11August 25, 2009 (the effective date of Public Act 96-745) and
12paying to the System an amount to be determined by the Board,
13equal to (i) the difference between the amount of employee and
14employer contributions transferred to the System under
15Sections 7-139.8 and 9-121.10 and the amounts that would have
16been contributed had such contributions been made at the rates
17applicable to State policemen, plus (ii) interest thereon at
18the actuarially assumed rate for each year, compounded
19annually, from the date of service to the date of payment.
20    Subject to the limitation in subsection (i), a State
21policeman, arson investigator, or Commerce Commission police
22officer may elect to establish eligible creditable service for
23up to 5 years of service as a person employed by a
24participating municipality to perform police duties under
25Article 7, a county corrections officer, a court services
26officer under Article 9, or a firefighter under Article 4 by

 

 

HB4456- 33 -LRB102 24101 RPS 33327 b

1filing a written election with the Board within 6 months after
2July 30, 2021 (the effective date of Public Act 102-210) this
3amendatory Act of the 102nd General Assembly and paying to the
4System an amount to be determined by the Board equal to (i) the
5difference between the amount of employee and employer
6contributions transferred to the System under Sections
74-108.8, 7-139.8, and 9-121.10 and the amounts that would have
8been contributed had such contributions been made at the rates
9applicable to State policemen, plus (ii) interest thereon at
10the actuarially assumed rate for each year, compounded
11annually, from the date of service to the date of payment.
12    Subject to the limitation in subsection (i), a
13conservation police officer may elect to establish eligible
14creditable service for up to 5 years of service as a person
15employed by a participating municipality to perform police
16duties under Article 7, a county corrections officer, or a
17court services officer under Article 9 by filing a written
18election with the Board within 6 months after July 30, 2021
19(the effective date of Public Act 102-210) this amendatory Act
20of the 102nd General Assembly and paying to the System an
21amount to be determined by the Board equal to (i) the
22difference between the amount of employee and employer
23contributions transferred to the System under Sections 7-139.8
24and 9-121.10 and the amounts that would have been contributed
25had such contributions been made at the rates applicable to
26State policemen, plus (ii) interest thereon at the actuarially

 

 

HB4456- 34 -LRB102 24101 RPS 33327 b

1assumed rate for each year, compounded annually, from the date
2of service to the date of payment.
3    Notwithstanding the limitation in subsection (i), a State
4policeman or conservation police officer may elect to convert
5service credit earned under this Article to eligible
6creditable service, as defined by this Section, by filing a
7written election with the board within 6 months after July 30,
82021 (the effective date of Public Act 102-210) this
9amendatory Act of the 102nd General Assembly and paying to the
10System an amount to be determined by the Board equal to (i) the
11difference between the amount of employee contributions
12originally paid for that service and the amounts that would
13have been contributed had such contributions been made at the
14rates applicable to State policemen, plus (ii) the difference
15between the employer's normal cost of the credit prior to the
16conversion authorized by Public Act 102-210 this amendatory
17Act of the 102nd General Assembly and the employer's normal
18cost of the credit converted in accordance with Public Act
19102-210 this amendatory Act of the 102nd General Assembly,
20plus (iii) interest thereon at the actuarially assumed rate
21for each year, compounded annually, from the date of service
22to the date of payment.
23    Subject to the limitation in subsection (i), an
24investigator for the Illinois Liquor Control Commission may
25elect to establish eligible creditable service for up to 5
26years of service as a police officer under Article 3, a

 

 

HB4456- 35 -LRB102 24101 RPS 33327 b

1policeman under Article 5, a sheriff's law enforcement
2employee under Article 7, or a member of the county police
3department under Article 9 by filing a written election with
4the Board within 6 months after the effective date of this
5amendatory Act of the 102nd General Assembly and paying to the
6System an amount to be determined by the Board, equal to (i)
7the difference between the amount of employee and employer
8contributions transferred to the System under Section 3-110.6,
95-236, 7-139.8, or 9-121.10 and the amounts that would have
10been contributed had such contributions been made at the rates
11applicable to State policemen, plus (ii) interest thereon at
12the actuarially assumed rate for each year, compounded
13annually, from the date of service to the date of payment.
14    (i) The total amount of eligible creditable service
15established by any person under subsections (g), (h), (j),
16(k), (l), (l-5), and (o), and (p) of this Section shall not
17exceed 12 years.
18    (j) Subject to the limitation in subsection (i), an
19investigator for the Office of the State's Attorneys Appellate
20Prosecutor or a controlled substance inspector may elect to
21establish eligible creditable service for up to 10 years of
22his service as a policeman under Article 3 or a sheriff's law
23enforcement employee under Article 7, by filing a written
24election with the Board, accompanied by payment of an amount
25to be determined by the Board, equal to (1) the difference
26between the amount of employee and employer contributions

 

 

HB4456- 36 -LRB102 24101 RPS 33327 b

1transferred to the System under Section 3-110.6 or 7-139.8,
2and the amounts that would have been contributed had such
3contributions been made at the rates applicable to State
4policemen, plus (2) interest thereon at the effective rate for
5each year, compounded annually, from the date of service to
6the date of payment.
7    (k) Subject to the limitation in subsection (i) of this
8Section, an alternative formula employee may elect to
9establish eligible creditable service for periods spent as a
10full-time law enforcement officer or full-time corrections
11officer employed by the federal government or by a state or
12local government located outside of Illinois, for which credit
13is not held in any other public employee pension fund or
14retirement system. To obtain this credit, the applicant must
15file a written application with the Board by March 31, 1998,
16accompanied by evidence of eligibility acceptable to the Board
17and payment of an amount to be determined by the Board, equal
18to (1) employee contributions for the credit being
19established, based upon the applicant's salary on the first
20day as an alternative formula employee after the employment
21for which credit is being established and the rates then
22applicable to alternative formula employees, plus (2) an
23amount determined by the Board to be the employer's normal
24cost of the benefits accrued for the credit being established,
25plus (3) regular interest on the amounts in items (1) and (2)
26from the first day as an alternative formula employee after

 

 

HB4456- 37 -LRB102 24101 RPS 33327 b

1the employment for which credit is being established to the
2date of payment.
3    (l) Subject to the limitation in subsection (i), a
4security employee of the Department of Corrections may elect,
5not later than July 1, 1998, to establish eligible creditable
6service for up to 10 years of his or her service as a policeman
7under Article 3, by filing a written election with the Board,
8accompanied by payment of an amount to be determined by the
9Board, equal to (i) the difference between the amount of
10employee and employer contributions transferred to the System
11under Section 3-110.5, and the amounts that would have been
12contributed had such contributions been made at the rates
13applicable to security employees of the Department of
14Corrections, plus (ii) interest thereon at the effective rate
15for each year, compounded annually, from the date of service
16to the date of payment.
17    (l-5) Subject to the limitation in subsection (i) of this
18Section, a State policeman may elect to establish eligible
19creditable service for up to 5 years of service as a full-time
20law enforcement officer employed by the federal government or
21by a state or local government located outside of Illinois for
22which credit is not held in any other public employee pension
23fund or retirement system. To obtain this credit, the
24applicant must file a written application with the Board no
25later than 3 years after January 1, 2020 (the effective date of
26Public Act 101-610) this amendatory Act of the 101st General

 

 

HB4456- 38 -LRB102 24101 RPS 33327 b

1Assembly, accompanied by evidence of eligibility acceptable to
2the Board and payment of an amount to be determined by the
3Board, equal to (1) employee contributions for the credit
4being established, based upon the applicant's salary on the
5first day as an alternative formula employee after the
6employment for which credit is being established and the rates
7then applicable to alternative formula employees, plus (2) an
8amount determined by the Board to be the employer's normal
9cost of the benefits accrued for the credit being established,
10plus (3) regular interest on the amounts in items (1) and (2)
11from the first day as an alternative formula employee after
12the employment for which credit is being established to the
13date of payment.
14    (m) The amendatory changes to this Section made by Public
15Act 94-696 this amendatory Act of the 94th General Assembly
16apply only to: (1) security employees of the Department of
17Juvenile Justice employed by the Department of Corrections
18before June 1, 2006 (the effective date of Public Act 94-696)
19this amendatory Act of the 94th General Assembly and
20transferred to the Department of Juvenile Justice by Public
21Act 94-696 this amendatory Act of the 94th General Assembly;
22and (2) persons employed by the Department of Juvenile Justice
23on or after June 1, 2006 (the effective date of Public Act
2494-696) this amendatory Act of the 94th General Assembly who
25are required by subsection (b) of Section 3-2.5-15 of the
26Unified Code of Corrections to have any bachelor's or advanced

 

 

HB4456- 39 -LRB102 24101 RPS 33327 b

1degree from an accredited college or university or, in the
2case of persons who provide vocational training, who are
3required to have adequate knowledge in the skill for which
4they are providing the vocational training.
5    (n) A person employed in a position under subsection (b)
6of this Section who has purchased service credit under
7subsection (j) of Section 14-104 or subsection (b) of Section
814-105 in any other capacity under this Article may convert up
9to 5 years of that service credit into service credit covered
10under this Section by paying to the Fund an amount equal to (1)
11the additional employee contribution required under Section
1214-133, plus (2) the additional employer contribution required
13under Section 14-131, plus (3) interest on items (1) and (2) at
14the actuarially assumed rate from the date of the service to
15the date of payment.
16    (o) Subject to the limitation in subsection (i), a
17conservation police officer, investigator for the Secretary of
18State, Commerce Commission police officer, investigator for
19the Department of Revenue or the Illinois Gaming Board, or
20arson investigator subject to subsection (g) of Section 1-160
21may elect to convert up to 8 years of service credit
22established before January 1, 2020 (the effective date of
23Public Act 101-610) this amendatory Act of the 101st General
24Assembly as a conservation police officer, investigator for
25the Secretary of State, Commerce Commission police officer,
26investigator for the Department of Revenue or the Illinois

 

 

HB4456- 40 -LRB102 24101 RPS 33327 b

1Gaming Board, or arson investigator under this Article into
2eligible creditable service by filing a written election with
3the Board no later than one year after January 1, 2020 (the
4effective date of Public Act 101-610) this amendatory Act of
5the 101st General Assembly, accompanied by payment of an
6amount to be determined by the Board equal to (i) the
7difference between the amount of the employee contributions
8actually paid for that service and the amount of the employee
9contributions that would have been paid had the employee
10contributions been made as a noncovered employee serving in a
11position in which eligible creditable service, as defined in
12this Section, may be earned, plus (ii) interest thereon at the
13effective rate for each year, compounded annually, from the
14date of service to the date of payment.
15    (p) Subject to the limitation in subsection (i), an
16investigator for the Illinois Liquor Control Commission may
17elect to convert up to 8 years of service credit established
18before the effective date of this amendatory Act of the 102nd
19General Assembly as an investigator for the Illinois Liquor
20Control Commission under this Article into eligible creditable
21service by filing a written election with the Board no later
22than one year after the effective date of this amendatory Act
23of the 102nd General Assembly, accompanied by payment of an
24amount to be determined by the Board equal to (i) the
25difference between the amount of the employee contributions
26actually paid for that service and the amount of the employee

 

 

HB4456- 41 -LRB102 24101 RPS 33327 b

1contributions that would have been paid had the employee
2contributions been made as a noncovered employee serving in a
3position in which eligible creditable service, as defined in
4this Section, may be earned, plus (ii) interest thereon at the
5effective rate for each year, compounded annually, from the
6date of service to the date of payment.
7(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
8102-538, 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
11increases.
12    (a) As used in this Section, "new benefit increase" means
13an increase in the amount of any benefit provided under this
14Article, or an expansion of the conditions of eligibility for
15any benefit under this Article, that results from an amendment
16to this Code that takes effect after June 1, 2005 (the
17effective date of Public Act 94-4). "New benefit increase",
18however, does not include any benefit increase resulting from
19the changes made to Article 1 or this Article by Public Act
2096-37, Public Act 100-23, Public Act 100-587, Public Act
21100-611, Public Act 101-10, Public Act 101-610, Public Act
22101-610, Public Act 102-210, or this amendatory Act of the
23102nd General Assembly or this amendatory Act of the 102nd
24General Assembly.
25    (b) Notwithstanding any other provision of this Code or

 

 

HB4456- 42 -LRB102 24101 RPS 33327 b

1any subsequent amendment to this Code, every new benefit
2increase is subject to this Section and shall be deemed to be
3granted only in conformance with and contingent upon
4compliance with the provisions of this Section.
5    (c) The Public Act enacting a new benefit increase must
6identify and provide for payment to the System of additional
7funding at least sufficient to fund the resulting annual
8increase in cost to the System as it accrues.
9    Every new benefit increase is contingent upon the General
10Assembly providing the additional funding required under this
11subsection. The Commission on Government Forecasting and
12Accountability shall analyze whether adequate additional
13funding has been provided for the new benefit increase and
14shall report its analysis to the Public Pension Division of
15the Department of Insurance. A new benefit increase created by
16a Public Act that does not include the additional funding
17required under this subsection is null and void. If the Public
18Pension Division determines that the additional funding
19provided for a new benefit increase under this subsection is
20or has become inadequate, it may so certify to the Governor and
21the State Comptroller and, in the absence of corrective action
22by the General Assembly, the new benefit increase shall expire
23at the end of the fiscal year in which the certification is
24made.
25    (d) Every new benefit increase shall expire 5 years after
26its effective date or on such earlier date as may be specified

 

 

HB4456- 43 -LRB102 24101 RPS 33327 b

1in the language enacting the new benefit increase or provided
2under subsection (c). This does not prevent the General
3Assembly from extending or re-creating a new benefit increase
4by law.
5    (e) Except as otherwise provided in the language creating
6the new benefit increase, a new benefit increase that expires
7under this Section continues to apply to persons who applied
8and qualified for the affected benefit while the new benefit
9increase was in effect and to the affected beneficiaries and
10alternate payees of such persons, but does not apply to any
11other person, including, without limitation, a person who
12continues in service after the expiration date and did not
13apply and qualify for the affected benefit while the new
14benefit increase was in effect.
15(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
16101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
 
17    Section 10. The Liquor Control Act of 1934 is amended by
18changing Sections 3-12, 4-4, 8-2, 10-8, and 10-6 and by adding
19Section 3-4.1 as follows:
 
20    (235 ILCS 5/3-4.1 new)
21    Sec. 3-4.1. Obtaining evidence. The State Commission has
22the power to expend sums that the Executive Director deems
23necessary for the purchase of evidence and for the employment
24of persons to obtain evidence. The sums shall be advanced to

 

 

HB4456- 44 -LRB102 24101 RPS 33327 b

1employees authorized by the Executive Director to expend
2funds, on vouchers signed by the Executive Director.
3    In addition, the Executive Director is authorized to
4maintain one or more commercial checking accounts with any
5State banking corporation or corporations organized under or
6subject to the Illinois Banking Act for the deposit and
7withdrawal of moneys to be used solely for the purchase of
8evidence and for the employment of persons to obtain evidence.
9No check may be written on nor any withdrawal made from such an
10account except on the written signature of 2 persons
11designated by the Executive Director to write those checks and
12make those withdrawals. The balance of moneys on deposit in
13any such account shall not exceed $25,000 at any time, nor
14shall any one check written on or single withdrawal made from
15any 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,
19functions, 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,

 

 

HB4456- 45 -LRB102 24101 RPS 33327 b

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.

 

 

HB4456- 46 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 47 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 48 -LRB102 24101 RPS 33327 b

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.

 

 

HB4456- 49 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 50 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 51 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 52 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 53 -LRB102 24101 RPS 33327 b

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.

 

 

HB4456- 54 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 55 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 56 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 57 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 58 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 59 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 60 -LRB102 24101 RPS 33327 b

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.

 

 

HB4456- 61 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 62 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 63 -LRB102 24101 RPS 33327 b

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;

 

 

HB4456- 64 -LRB102 24101 RPS 33327 b

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.

 

 

HB4456- 65 -LRB102 24101 RPS 33327 b

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

 

 

HB4456- 66 -LRB102 24101 RPS 33327 b

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
11present a written report to the Governor and the General
12Assembly that shall be based on a study of the impact of Public
13Act 90-739 on the business of soliciting, selling, and
14shipping alcoholic liquor from outside of this State directly
15to residents of this State.
16    As part of its report, the Commission shall provide the
17following 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.

 

 

HB4456- 67 -LRB102 24101 RPS 33327 b

1(Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19;
2101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff.
38-20-21; 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
6commissioners. Each local liquor control commissioner shall
7also have the following powers, functions, and duties with
8respect to licenses, other than licenses to manufacturers,
9importing distributors, distributors, foreign importers,
10non-resident dealers, non-beverage users, brokers, railroads,
11airplanes, 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

 

 

HB4456- 68 -LRB102 24101 RPS 33327 b

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
13the Secretary of State of any convictions or dispositions of
14court supervision for a violation of Section 6-20 of this Act
15or a similar provision of a local ordinance.
16    In counties and municipalities, the local liquor control
17commissioners shall also have the power to levy fines in
18accordance with Section 7-5 of this Act.
19    For the purposes of this Section, the term "at reasonable
20times" means (i) during normal business hours; (ii) during the
21hours of operation of the business; (iii) any time the
22business is found to be operating; or (iv) any time when a
23customer is in the business, including before or after the
24hours of operation of such business.
25(Source: P.A. 100-863, eff. 8-14-18.)
 

 

 

HB4456- 69 -LRB102 24101 RPS 33327 b

1    (235 ILCS 5/8-2)  (from Ch. 43, par. 159)
2    Sec. 8-2. Payments; reports. It is the duty of each
3manufacturer with respect to alcoholic liquor produced or
4imported by such manufacturer, or purchased tax-free by such
5manufacturer from another manufacturer or importing
6distributor, and of each importing distributor as to alcoholic
7liquor purchased by such importing distributor from foreign
8importers or from anyone from any point in the United States
9outside of this State or purchased tax-free from another
10manufacturer or importing distributor, to pay the tax imposed
11by Section 8-1 to the Department of Revenue on or before the
1215th day of the calendar month following the calendar month in
13which such alcoholic liquor is sold or used by such
14manufacturer or by such importing distributor other than in an
15authorized tax-free manner or to pay that tax electronically
16as provided in this Section.
17    Each manufacturer and each importing distributor shall
18make payment under one of the following methods: (1) on or
19before the 15th day of each calendar month, file in person or
20by United States first-class mail, postage pre-paid, with the
21Department of Revenue, on forms prescribed and furnished by
22the Department, a report in writing in such form as may be
23required by the Department in order to compute, and assure the
24accuracy of, the tax due on all taxable sales and uses of
25alcoholic liquor occurring during the preceding month. Payment
26of the tax in the amount disclosed by the report shall

 

 

HB4456- 70 -LRB102 24101 RPS 33327 b

1accompany the report or, (2) on or before the 15th day of each
2calendar month, electronically file with the Department of
3Revenue, on forms prescribed and furnished by the Department,
4an electronic report in such form as may be required by the
5Department in order to compute, and assure the accuracy of,
6the tax due on all taxable sales and uses of alcoholic liquor
7occurring during the preceding month. An electronic payment of
8the tax in the amount disclosed by the report shall accompany
9the report. A manufacturer or distributor who files an
10electronic report and electronically pays the tax imposed
11pursuant to Section 8-1 to the Department of Revenue on or
12before the 15th day of the calendar month following the
13calendar month in which such alcoholic liquor is sold or used
14by that manufacturer or importing distributor other than in an
15authorized tax-free manner shall pay to the Department the
16amount of the tax imposed pursuant to Section 8-1, less a
17discount which is allowed to reimburse the manufacturer or
18importing distributor for the expenses incurred in keeping and
19maintaining records, preparing and filing the electronic
20returns, remitting the tax, and supplying data to the
21Department 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,

 

 

HB4456- 71 -LRB102 24101 RPS 33327 b

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
7insure the payment of the tax imposed by this Article, require
8returns to be made more frequently than and covering periods
9of less than a month. Such return shall contain such further
10information as the Department may reasonably require.
11    It shall be presumed that all alcoholic liquors acquired
12or made by any importing distributor or manufacturer have been
13sold or used by him in this State and are the basis for the tax
14imposed by this Article unless proven, to the satisfaction of
15the Department, that such alcoholic liquors are (1) still in
16the possession of such importing distributor or manufacturer,
17or (2) prior to the termination of possession have been lost by
18theft or through unintentional destruction, or (3) that such
19alcoholic liquors are otherwise exempt from taxation under
20this Act.
21    If any payment provided for in this Section exceeds the
22manufacturer's or importing distributor's liabilities under
23this Act, as shown on an original report, the manufacturer or
24importing distributor may credit such excess payment against
25liability subsequently to be remitted to the Department under
26this Act, in accordance with reasonable rules adopted by the

 

 

HB4456- 72 -LRB102 24101 RPS 33327 b

1Department. If the Department subsequently determines that all
2or any part of the credit taken was not actually due to the
3manufacturer or importing distributor, the manufacturer's or
4importing distributor's discount shall be reduced by an amount
5equal to the difference between the discount as applied to the
6credit taken and that actually due, and the manufacturer or
7importing distributor shall be liable for penalties and
8interest on such difference.
9    The Department may require any foreign importer to file
10monthly information returns, by the 15th day of the month
11following the month which any such return covers, if the
12Department determines this to be necessary to the proper
13performance of the Department's functions and duties under
14this Act. Such return shall contain such information as the
15Department may reasonably require.
16    Every manufacturer and importing distributor, except for a
17new applicant for a manufacturer license or importing
18distributor license or a manufacturer or importing distributor
19that in the preceding year had less than $50,000 of tax
20liability under this Article, shall also file, with the
21Department, a bond in an amount not less than $1,000 and not to
22exceed $100,000 on a form to be approved by, and with a surety
23or sureties satisfactory to, the Department. Such bond shall
24be conditioned upon the manufacturer or importing distributor
25paying to the Department all monies becoming due from such
26manufacturer or importing distributor under this Article. The

 

 

HB4456- 73 -LRB102 24101 RPS 33327 b

1Department shall fix the penalty of such bond in each case,
2taking into consideration the amount of alcoholic liquor
3expected to be sold and used by such manufacturer or importing
4distributor, and the penalty fixed by the Department shall be
5sufficient, in the Department's opinion, to protect the State
6of Illinois against failure to pay any amount due under this
7Article, but the amount of the penalty fixed by the Department
8shall not exceed twice the amount of tax liability of a monthly
9return, nor shall the amount of such penalty be less than
10$1,000. The Department shall notify the State Commission of
11the Department's approval or disapproval of any such
12manufacturer's or importing distributor's bond, or of the
13termination or cancellation of any such bond, or of the
14Department's direction to a manufacturer or importing
15distributor that he must file additional bond in order to
16comply with this Section. The Commission shall not issue a
17license to any applicant for a manufacturer's or importing
18distributor's license unless the Commission has received a
19notification from the Department showing that such applicant
20has filed a satisfactory bond with the Department hereunder
21and that such bond has been approved by the Department.
22Failure by any licensed manufacturer or importing distributor
23to keep a satisfactory bond in effect with the Department or to
24furnish additional bond to the Department, when required
25hereunder by the Department to do so, shall be grounds for the
26revocation or suspension of such manufacturer's or importing

 

 

HB4456- 74 -LRB102 24101 RPS 33327 b

1distributor's license by the Commission. If a manufacturer or
2importing distributor fails to pay any amount due under this
3Article, his bond with the Department shall be deemed
4forfeited, and the Department may institute a suit in its own
5name on such bond.
6    After notice and opportunity for a hearing the State
7Commission may revoke or suspend the license of any
8manufacturer or importing distributor who fails to comply with
9the provisions of this Section. Notice of such hearing and the
10time and place thereof shall be in writing and shall contain a
11statement of the charges against the licensee. Such notice may
12be given by United States registered or certified mail with
13return receipt requested, addressed to the person concerned at
14his last known address and shall be given not less than 7 days
15prior to the date fixed for the hearing. An order revoking or
16suspending a license under the provisions of this Section may
17be reviewed in the manner provided in Section 7-10 of this Act.
18No new license shall be granted to a person whose license has
19been revoked for a violation of this Section or, in case of
20suspension, shall such suspension be terminated until he has
21paid to the Department all taxes and penalties which he owes
22the State under the provisions of this Act.
23    Every manufacturer or importing distributor who has, as
24verified by the Department, continuously complied with the
25conditions of the bond under this Act for a period of 2 years
26shall be considered to be a prior continuous compliance

 

 

HB4456- 75 -LRB102 24101 RPS 33327 b

1taxpayer. In determining the consecutive period of time for
2qualification as a prior continuous compliance taxpayer, any
3consecutive period of time of qualifying compliance
4immediately prior to the effective date of this amendatory Act
5of 1987 shall be credited to any manufacturer or importing
6distributor.
7    A manufacturer or importing distributor that is a prior
8continuous compliance taxpayer under this Section and becomes
9a successor as the result of an acquisition, merger, or
10consolidation of a manufacturer or importing distributor shall
11be deemed to be a prior continuous compliance taxpayer with
12respect to the acquired, merged, or consolidated entity.
13    Every prior continuous compliance taxpayer shall be exempt
14from the bond requirements of this Act until the Department
15has determined the taxpayer to be delinquent in the filing of
16any return or deficient in the payment of any tax under this
17Act. Any taxpayer who fails to pay an admitted or established
18liability under this Act may also be required to post bond or
19other acceptable security with the Department guaranteeing the
20payment of such admitted or established liability.
21    The Department shall discharge any surety and shall
22release and return any bond or security deposit assigned,
23pledged or otherwise provided to it by a taxpayer under this
24Section within 30 days after: (1) such taxpayer becomes a
25prior continuous compliance taxpayer; or (2) such taxpayer has
26ceased to collect receipts on which he is required to remit tax

 

 

HB4456- 76 -LRB102 24101 RPS 33327 b

1to the Department, has filed a final tax return, and has paid
2to the Department an amount sufficient to discharge his
3remaining tax liability as determined by the Department under
4this 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
8possess, sell, ship, transport or in any wise dispose of any
9alcoholic liquor under any other than the proper name or brand
10known to the trade as designating the kind and quality of the
11contents of the package or other containers of said alcoholic
12liquor, or who shall cause any such Act to be done, or who
13shall knowingly possess, sell, ship, transport, or in any way
14dispose of any alcoholic liquor in violation of the provisions
15of this Act , shall have no property right of any kind in said
16alcoholic liquor and shall forfeit to the State said alcoholic
17liquor and said packages and containers and shall be subject
18to the punishment and penalties provided for violation of this
19Act.
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
23writing, verified by affidavit, to any judge of the circuit
24court, that complainant has just and reasonable grounds to

 

 

HB4456- 77 -LRB102 24101 RPS 33327 b

1believe and does believe that alcoholic liquor is
2manufactured, possessed, kept for sale, used or transported,
3in violation of this Act, or any mash, still or other property
4designed for the manufacture of alcoholic liquor is possessed
5in any premises which are not licensed hereunder,
6(particularly describing and designating such property in the
7complaint), the judge may issue a search warrant as
8hereinafter provided; provided, however, no search warrant
9shall be necessary for the inspection or search at reasonable
10times of any premises licensed under this Act, and provided,
11further, that no search warrant shall be issued for the search
12of premises in use for residence purposes. The property seized
13on any such warrant shall not be taken from the officer seizing
14the same on any order of replevin or other like process. For
15the purposes of this Section, the term "at reasonable times"
16means (i) during normal business hours; (ii) during the hours
17of operation of the business; (iii) any time the business is
18found to be operating; or (iv) any time when a customer is in
19the business, including before or after the hours of operation
20of such business.
21    Each complaint shall be substantially in the following
22form:
23State of Illinois,)
24                  ) ss.
25County of Cook.   )
26
Complaint for Search Warrant.

 

 

HB4456- 78 -LRB102 24101 RPS 33327 b

1    The complaint and affidavit of .... (name of complainant),
2of .... (his residence), made before .... (name of officer)
3one of the .... (official title of officer), in and for the
4.... (county, city or village, as the case may be), on (insert
5date), being first duly sworn, upon his oath says: That he has
6just and reasonable grounds to believe, and does believe that
7alcoholic liquor is now unlawfully (manufactured, possessed,
8used, disposed of or kept for sale, or any mash, still or other
9property designed for the illegal manufacture of alcoholic
10liquor is possessed therein, as the case may be), to-wit: At
11and within a certain .... (here describe the house, building,
12premises, boat, vehicle, receptacle or other place to be
13searched, with particulars as to the location sufficiently to
14identify it, stating the name of the person occupying the
15same, if known), in the .... (city, village or town of) ....,
16in the county and state set out above; that the following are
17the reasons for his or her belief, to-wit .... (here insert the
18facts upon which such belief is based). Wherefore complainant
19prays 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.)

 

 

HB4456- 79 -LRB102 24101 RPS 33327 b

1(Source: P.A. 91-357, eff. 7-29-99.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.