Full Text of HB3859 97th General Assembly
HB3859eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential under | 11 | | Section 4002 of the Technology Advancement and Development Act. | 12 | | (b) Library circulation and order records identifying | 13 | | library users with specific materials under the Library Records | 14 | | Confidentiality Act. | 15 | | (c) Applications, related documents, and medical records | 16 | | received by the Experimental Organ Transplantation Procedures | 17 | | Board and any and all documents or other records prepared by | 18 | | the Experimental Organ Transplantation Procedures Board or its | 19 | | staff relating to applications it has received. | 20 | | (d) Information and records held by the Department of | 21 | | Public Health and its authorized representatives relating to | 22 | | known or suspected cases of sexually transmissible disease or | 23 | | any information the disclosure of which is restricted under the |
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| 1 | | Illinois Sexually Transmissible Disease Control Act. | 2 | | (e) Information the disclosure of which is exempted under | 3 | | Section 30 of the Radon Industry Licensing Act. | 4 | | (f) Firm performance evaluations under Section 55 of the | 5 | | Architectural, Engineering, and Land Surveying Qualifications | 6 | | Based Selection Act. | 7 | | (g) Information the disclosure of which is restricted and | 8 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 9 | | (h) Information the disclosure of which is exempted under | 10 | | the State Officials and Employees Ethics Act, and records of | 11 | | any lawfully created State or local inspector general's office | 12 | | that would be exempt if created or obtained by an Executive | 13 | | Inspector General's office under that Act. | 14 | | (i) Information contained in a local emergency energy plan | 15 | | submitted to a municipality in accordance with a local | 16 | | emergency energy plan ordinance that is adopted under Section | 17 | | 11-21.5-5 of the Illinois Municipal Code. | 18 | | (j) Information and data concerning the distribution of | 19 | | surcharge moneys collected and remitted by wireless carriers | 20 | | under the Wireless Emergency Telephone Safety Act. | 21 | | (k) Law enforcement officer identification information or | 22 | | driver identification information compiled by a law | 23 | | enforcement agency or the Department of Transportation under | 24 | | Section 11-212 of the Illinois Vehicle Code. | 25 | | (l) Records and information provided to a residential | 26 | | health care facility resident sexual assault and death review |
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| 1 | | team or the Executive Council under the Abuse Prevention Review | 2 | | Team Act. | 3 | | (m) Information provided to the predatory lending database | 4 | | created pursuant to Article 3 of the Residential Real Property | 5 | | Disclosure Act, except to the extent authorized under that | 6 | | Article. | 7 | | (n) Defense budgets and petitions for certification of | 8 | | compensation and expenses for court appointed trial counsel as | 9 | | provided under Sections 10 and 15 of the Capital Crimes | 10 | | Litigation Act. This subsection (n) shall apply until the | 11 | | conclusion of the trial of the case, even if the prosecution | 12 | | chooses not to pursue the death penalty prior to trial or | 13 | | sentencing. | 14 | | (o) Information that is prohibited from being disclosed | 15 | | under Section 4 of the Illinois Health and Hazardous Substances | 16 | | Registry Act. | 17 | | (p) Security portions of system safety program plans, | 18 | | investigation reports, surveys, schedules, lists, data, or | 19 | | information compiled, collected, or prepared by or for the | 20 | | Regional Transportation Authority under Section 2.11 of the | 21 | | Regional Transportation Authority Act or the St. Clair County | 22 | | Transit District under the Bi-State Transit Safety Act. | 23 | | (q) Information prohibited from being disclosed by the | 24 | | Personnel Records Review Act. | 25 | | (r) Information prohibited from being disclosed by the | 26 | | Illinois School Student Records Act. |
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| 1 | | (s) Information the disclosure of which is restricted under | 2 | | Section 5-108 of the Public Utilities Act.
| 3 | | (t) All identified or deidentified health information in | 4 | | the form of health data or medical records contained in, stored | 5 | | in, submitted to, transferred by, or released from the Illinois | 6 | | Health Information Exchange, and identified or deidentified | 7 | | health information in the form of health data and medical | 8 | | records of the Illinois Health Information Exchange in the | 9 | | possession of the Illinois Health Information Exchange | 10 | | Authority due to its administration of the Illinois Health | 11 | | Information Exchange. The terms "identified" and | 12 | | "deidentified" shall be given the same meaning as in the Health | 13 | | Insurance Accountability and Portability Act of 1996, Public | 14 | | Law 104-191, or any subsequent amendments thereto, and any | 15 | | regulations promulgated thereunder. | 16 | | (u) Records and information provided to an independent team | 17 | | of experts under Brian's Law. | 18 | | (v) Names and information of people who have applied for or | 19 | | received Firearm Owner's Identification Cards under the | 20 | | Firearm Owners Identification Card Act. | 21 | | (w) (v) Personally identifiable information which is | 22 | | exempted from disclosure under subsection (g) of Section 19.1 | 23 | | of the Toll Highway Act. | 24 | | (x) Information which is exempted from disclosure under | 25 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 26 | | Illinois Municipal Code. |
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| 1 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | 2 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | 3 | | 8-12-11; 97-342, eff. 8-12-11; revised 9-2-11.) | 4 | | Section 10. The Counties Code is amended by changing | 5 | | Section 5-1014.3 as follows:
| 6 | | (55 ILCS 5/5-1014.3)
| 7 | | Sec. 5-1014.3. Agreements to share or rebate occupation | 8 | | taxes.
| 9 | | (a) On and after
June 1, 2004, a county board shall not | 10 | | enter into
any agreement to share or
rebate any portion of
| 11 | | retailers' occupation taxes generated by retail sales of | 12 | | tangible personal
property if: (1) the tax on those retail | 13 | | sales, absent the agreement,
would have been paid to another | 14 | | unit of local government; and (2) the retailer
maintains, | 15 | | within that other unit of local government, a retail
location | 16 | | from which the tangible personal property is delivered to | 17 | | purchasers,
or a warehouse from which the tangible personal | 18 | | property is delivered to
purchasers. Any unit of local | 19 | | government denied
retailers' occupation tax revenue because of | 20 | | an agreement that violates this
Section may file an action in | 21 | | circuit court against only the county.
Any agreement entered | 22 | | into prior to
June 1,
2004 is not affected by this amendatory | 23 | | Act of the 93rd General Assembly.
Any unit of local
government | 24 | | that prevails in the circuit court action is entitled to |
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| 1 | | damages in
the amount of the tax revenue it was denied as a | 2 | | result of the agreement,
statutory interest, costs, reasonable | 3 | | attorney's fees, and an amount equal to
50% of the tax.
| 4 | | (b) On and after the effective date of this amendatory Act | 5 | | of the 93rd
General Assembly, a home rule unit shall not enter | 6 | | into any agreement
prohibited
by this Section. This Section is | 7 | | a denial and limitation of home rule powers
and
functions under | 8 | | subsection (g) of Section 6 of Article VII of the Illinois
| 9 | | Constitution.
| 10 | | (c) Any county that enters into an agreement to share or
| 11 | | rebate any portion of
retailers' occupation taxes generated by | 12 | | retail sales of tangible personal
property must complete and | 13 | | submit a report by electronic filing to the Department of | 14 | | Revenue within 30 days after the execution of the agreement. | 15 | | Any county that has entered into such an agreement before the | 16 | | effective date of this amendatory Act of the 97th General | 17 | | Assembly that has not been terminated or expired as of the | 18 | | effective date of this amendatory Act of the 97th General | 19 | | Assembly shall submit a report with respect to the agreements | 20 | | within 90 days after the effective date of this amendatory Act | 21 | | of the 97th General Assembly. | 22 | | (d) The report described in this Section shall be made on a | 23 | | form to be supplied by the Department of Revenue and shall | 24 | | contain the following: | 25 | | (1) the names of the county and the business entering | 26 | | into the agreement; |
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| 1 | | (2) the location or locations of the business within | 2 | | the county; | 3 | | (3) the form shall also contain a statement, to be | 4 | | answered in the affirmative or negative, as to whether or | 5 | | not the company maintains additional places of business in | 6 | | the State other than those described pursuant to paragraph | 7 | | (2); | 8 | | (4) the terms of the agreement, including (i) the | 9 | | manner in which the amount of any retailers' occupation tax | 10 | | to be shared, rebated, or refunded is to be determined each | 11 | | year for the duration of the agreement, (ii) the duration | 12 | | of the agreement, and (iii) the name of any business who is | 13 | | not a party to the agreement but who directly or indirectly | 14 | | receives a share, refund, or rebate of the retailers' | 15 | | occupation tax; and | 16 | | (5) a copy of the agreement to share or
rebate any | 17 | | portion of
retailers' occupation taxes generated by retail | 18 | | sales of tangible personal
property. | 19 | | An updated report must be filed by the county within 30 | 20 | | days after the execution of any amendment made to an agreement. | 21 | | Reports filed with the Department pursuant to this Section | 22 | | shall not constitute tax returns. | 23 | | (e) The Department and the county shall redact the sales | 24 | | figures, the amount of sales tax collected, and the amount of | 25 | | sales tax rebated prior to disclosure of information contained | 26 | | in a report required by this Section or the Freedom of |
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| 1 | | Information Act. The information redacted shall be exempt from | 2 | | the provisions of the Freedom of Information Act. | 3 | | (f) All reports, except the copy of the agreement, required | 4 | | to be filed with the Department of Revenue pursuant to this | 5 | | Section shall be posted on the Department's website within 6 | 6 | | months after the effective date of this amendatory Act of the | 7 | | 97th General Assembly. The website shall be updated on a | 8 | | monthly basis to include newly received reports. | 9 | | (Source: P.A. 93-920, eff. 8-12-04.) | 10 | | Section 15. The Illinois Municipal Code is amended by | 11 | | changing Section 8-11-21 as follows:
| 12 | | (65 ILCS 5/8-11-21)
| 13 | | Sec. 8-11-21. Agreements to share or rebate occupation | 14 | | taxes.
| 15 | | (a) On and after
June 1, 2004, the corporate authorities of | 16 | | a municipality shall
not enter into any agreement to share or | 17 | | rebate
any
portion of retailers' occupation taxes generated by | 18 | | retail sales of tangible
personal
property if: (1) the tax on | 19 | | those retail sales, absent the agreement,
would have been paid | 20 | | to another unit of local government; and (2) the
retailer | 21 | | maintains, within that other unit of local government, a
retail | 22 | | location from which the tangible personal property is delivered | 23 | | to
purchasers, or a warehouse from which the tangible personal | 24 | | property is
delivered to purchasers. Any unit of local |
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| 1 | | government
denied retailers' occupation tax revenue because of | 2 | | an agreement that violates
this Section may file an action in | 3 | | circuit court against only the municipality.
Any agreement | 4 | | entered into prior to
June 1,
2004 is not affected by this | 5 | | amendatory Act of the 93rd General Assembly.
Any unit of
local | 6 | | government that prevails in the circuit court action is | 7 | | entitled to
damages in
the amount of the tax revenue it was | 8 | | denied as a result of the agreement,
statutory interest, costs, | 9 | | reasonable attorney's fees, and an amount equal to
50% of the
| 10 | | tax.
| 11 | | (b) On and after the effective date of this amendatory Act | 12 | | of the 93rd
General Assembly, a home rule unit shall not enter | 13 | | into any agreement
prohibited
by this Section. This Section is | 14 | | a denial and limitation of home rule powers
and
functions under | 15 | | subsection (g) of Section 6 of Article VII of the Illinois
| 16 | | Constitution.
| 17 | | (c) Any municipality that enters into an agreement to share | 18 | | or rebate
any
portion of retailers' occupation taxes generated | 19 | | by retail sales of tangible
personal
property must complete and | 20 | | submit a report by electronic filing to the Department of | 21 | | Revenue within 30 days after the execution of the agreement. | 22 | | Any municipality that has entered into such an agreement before | 23 | | the effective date of this amendatory Act of the 97th General | 24 | | Assembly that has not been terminated or expired as of the | 25 | | effective date of this amendatory Act of the 97th General | 26 | | Assembly shall submit a report with respect to the agreements |
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| 1 | | within 90 days after the effective date of this amendatory Act | 2 | | of the 97th General Assembly. | 3 | | (d) The report described in this Section shall be made on a | 4 | | form to be supplied by the Department of Revenue and shall | 5 | | contain the following: | 6 | | (1) the names of the municipality and the business | 7 | | entering into the agreement; | 8 | | (2) the location or locations of the business within | 9 | | the municipality; | 10 | | (3) the form shall also contain a statement, to be | 11 | | answered in the affirmative or negative, as to whether or | 12 | | not the company maintains additional places of business in | 13 | | the State other than those described pursuant to paragraph | 14 | | (2); | 15 | | (4) the terms of the agreement, including (i) the | 16 | | manner in which the amount of any retailers' occupation tax | 17 | | to be shared, rebated, or refunded is to be determined each | 18 | | year for the duration of the agreement, (ii) the duration | 19 | | of the agreement, and (iii) the name of any business who is | 20 | | not a party to the agreement but who directly or indirectly | 21 | | receives a share, refund, or rebate of the retailers' | 22 | | occupation tax; and | 23 | | (5) a copy of the agreement to share or rebate
any
| 24 | | portion of retailers' occupation taxes generated by retail | 25 | | sales of tangible
personal
property. | 26 | | An updated report must be filed by the municipality within |
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| 1 | | 30 days after the execution of any amendment made to an | 2 | | agreement. | 3 | | Reports filed with the Department pursuant to this Section | 4 | | shall not constitute tax returns. | 5 | | (e) The Department and the municipality shall redact the | 6 | | sales figures, the amount of sales tax collected, and the | 7 | | amount of sales tax rebated prior to disclosure of information | 8 | | contained in a report required by this Section or the Freedom | 9 | | of Information Act. The information redacted shall be exempt | 10 | | from the provisions of the Freedom of Information Act. | 11 | | (f) All reports, except the copy of the agreement, required | 12 | | to be filed with the Department of Revenue pursuant to this | 13 | | Section shall be posted on the Department's website within 6 | 14 | | months after the effective date of this amendatory Act of the | 15 | | 97th General Assembly. The website shall be updated on a | 16 | | monthly basis to include newly received reports. | 17 | | (Source: P.A. 93-920, eff. 8-12-04.)
| 18 | | Section 90. The State Mandates Act is amended by adding | 19 | | Section 8.36 as follows: | 20 | | (30 ILCS 805/8.36 new) | 21 | | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 | 22 | | of this Act, no reimbursement by the State is required for the | 23 | | implementation of any mandate created by this amendatory Act of | 24 | | the 97th General Assembly.
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