Full Text of HB3859 97th General Assembly
HB3859ham006 97TH GENERAL ASSEMBLY | Rep. Carol A. Sente Filed: 4/13/2012
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| 1 | | AMENDMENT TO HOUSE BILL 3859
| 2 | | AMENDMENT NO. ______. Amend House Bill 3859, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Freedom of Information Act is amended by | 6 | | changing Section 7.5 as follows: | 7 | | (5 ILCS 140/7.5) | 8 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 9 | | by the statutes referenced below, the following shall be exempt | 10 | | from inspection and copying: | 11 | | (a) All information determined to be confidential under | 12 | | Section 4002 of the Technology Advancement and Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library Records | 15 | | Confidentiality Act. | 16 | | (c) Applications, related documents, and medical records |
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| 1 | | received by the Experimental Organ Transplantation Procedures | 2 | | Board and any and all documents or other records prepared by | 3 | | the Experimental Organ Transplantation Procedures Board or its | 4 | | staff relating to applications it has received. | 5 | | (d) Information and records held by the Department of | 6 | | Public Health and its authorized representatives relating to | 7 | | known or suspected cases of sexually transmissible disease or | 8 | | any information the disclosure of which is restricted under the | 9 | | Illinois Sexually Transmissible Disease Control Act. | 10 | | (e) Information the disclosure of which is exempted under | 11 | | Section 30 of the Radon Industry Licensing Act. | 12 | | (f) Firm performance evaluations under Section 55 of the | 13 | | Architectural, Engineering, and Land Surveying Qualifications | 14 | | Based Selection Act. | 15 | | (g) Information the disclosure of which is restricted and | 16 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 17 | | (h) Information the disclosure of which is exempted under | 18 | | the State Officials and Employees Ethics Act, and records of | 19 | | any lawfully created State or local inspector general's office | 20 | | that would be exempt if created or obtained by an Executive | 21 | | Inspector General's office under that Act. | 22 | | (i) Information contained in a local emergency energy plan | 23 | | submitted to a municipality in accordance with a local | 24 | | emergency energy plan ordinance that is adopted under Section | 25 | | 11-21.5-5 of the Illinois Municipal Code. | 26 | | (j) Information and data concerning the distribution of |
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| 1 | | surcharge moneys collected and remitted by wireless carriers | 2 | | under the Wireless Emergency Telephone Safety Act. | 3 | | (k) Law enforcement officer identification information or | 4 | | driver identification information compiled by a law | 5 | | enforcement agency or the Department of Transportation under | 6 | | Section 11-212 of the Illinois Vehicle Code. | 7 | | (l) Records and information provided to a residential | 8 | | health care facility resident sexual assault and death review | 9 | | team or the Executive Council under the Abuse Prevention Review | 10 | | Team Act. | 11 | | (m) Information provided to the predatory lending database | 12 | | created pursuant to Article 3 of the Residential Real Property | 13 | | Disclosure Act, except to the extent authorized under that | 14 | | Article. | 15 | | (n) Defense budgets and petitions for certification of | 16 | | compensation and expenses for court appointed trial counsel as | 17 | | provided under Sections 10 and 15 of the Capital Crimes | 18 | | Litigation Act. This subsection (n) shall apply until the | 19 | | conclusion of the trial of the case, even if the prosecution | 20 | | chooses not to pursue the death penalty prior to trial or | 21 | | sentencing. | 22 | | (o) Information that is prohibited from being disclosed | 23 | | under Section 4 of the Illinois Health and Hazardous Substances | 24 | | Registry Act. | 25 | | (p) Security portions of system safety program plans, | 26 | | investigation reports, surveys, schedules, lists, data, or |
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| 1 | | information compiled, collected, or prepared by or for the | 2 | | Regional Transportation Authority under Section 2.11 of the | 3 | | Regional Transportation Authority Act or the St. Clair County | 4 | | Transit District under the Bi-State Transit Safety Act. | 5 | | (q) Information prohibited from being disclosed by the | 6 | | Personnel Records Review Act. | 7 | | (r) Information prohibited from being disclosed by the | 8 | | Illinois School Student Records Act. | 9 | | (s) Information the disclosure of which is restricted under | 10 | | Section 5-108 of the Public Utilities Act.
| 11 | | (t) All identified or deidentified health information in | 12 | | the form of health data or medical records contained in, stored | 13 | | in, submitted to, transferred by, or released from the Illinois | 14 | | Health Information Exchange, and identified or deidentified | 15 | | health information in the form of health data and medical | 16 | | records of the Illinois Health Information Exchange in the | 17 | | possession of the Illinois Health Information Exchange | 18 | | Authority due to its administration of the Illinois Health | 19 | | Information Exchange. The terms "identified" and | 20 | | "deidentified" shall be given the same meaning as in the Health | 21 | | Insurance Accountability and Portability Act of 1996, Public | 22 | | Law 104-191, or any subsequent amendments thereto, and any | 23 | | regulations promulgated thereunder. | 24 | | (u) Records and information provided to an independent team | 25 | | of experts under Brian's Law. | 26 | | (v) Names and information of people who have applied for or |
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| 1 | | received Firearm Owner's Identification Cards under the | 2 | | Firearm Owners Identification Card Act. | 3 | | (w) (v) Personally identifiable information which is | 4 | | exempted from disclosure under subsection (g) of Section 19.1 | 5 | | of the Toll Highway Act. | 6 | | (x) Information which is exempted from disclosure under | 7 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 8 | | Illinois Municipal Code. | 9 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | 10 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | 11 | | 8-12-11; 97-342, eff. 8-12-11; revised 9-2-11.) | 12 | | Section 10. The Counties Code is amended by changing | 13 | | Section 5-1014.3 as follows:
| 14 | | (55 ILCS 5/5-1014.3)
| 15 | | Sec. 5-1014.3. Agreements to share or rebate occupation | 16 | | taxes.
| 17 | | (a) On and after
June 1, 2004, a county board shall not | 18 | | enter into
any agreement to share or
rebate any portion of
| 19 | | retailers' occupation taxes generated by retail sales of | 20 | | tangible personal
property if: (1) the tax on those retail | 21 | | sales, absent the agreement,
would have been paid to another | 22 | | unit of local government; and (2) the retailer
maintains, | 23 | | within that other unit of local government, a retail
location | 24 | | from which the tangible personal property is delivered to |
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| 1 | | purchasers,
or a warehouse from which the tangible personal | 2 | | property is delivered to
purchasers. Any unit of local | 3 | | government denied
retailers' occupation tax revenue because of | 4 | | an agreement that violates this
Section may file an action in | 5 | | circuit court against only the county.
Any agreement entered | 6 | | into prior to
June 1,
2004 is not affected by this amendatory | 7 | | Act of the 93rd General Assembly.
Any unit of local
government | 8 | | that prevails in the circuit court action is entitled to | 9 | | damages in
the amount of the tax revenue it was denied as a | 10 | | result of the agreement,
statutory interest, costs, reasonable | 11 | | attorney's fees, and an amount equal to
50% of the tax.
| 12 | | (b) On and after the effective date of this amendatory Act | 13 | | of the 93rd
General Assembly, a home rule unit shall not enter | 14 | | into any agreement
prohibited
by this Section. This Section is | 15 | | a denial and limitation of home rule powers
and
functions under | 16 | | subsection (g) of Section 6 of Article VII of the Illinois
| 17 | | Constitution.
| 18 | | (c) Any county that enters into an agreement to share or
| 19 | | rebate any portion of
retailers' occupation taxes generated by | 20 | | retail sales of tangible personal
property must complete and | 21 | | submit a report by electronic filing to the Department of | 22 | | Revenue within 30 days after the execution of the agreement. | 23 | | Any county that has entered into such an agreement before the | 24 | | effective date of this amendatory Act of the 97th General | 25 | | Assembly that has not been terminated or expired as of the | 26 | | effective date of this amendatory Act of the 97th General |
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| 1 | | Assembly shall submit a report with respect to the agreements | 2 | | within 90 days after the effective date of this amendatory Act | 3 | | of the 97th General Assembly. | 4 | | (d) The report described in this Section shall be made on a | 5 | | form to be supplied by the Department of Revenue and shall | 6 | | contain the following: | 7 | | (1) the names of the county and the business entering | 8 | | into the agreement; | 9 | | (2) the location or locations of the business within | 10 | | the county; | 11 | | (3) the form shall also contain a statement, to be | 12 | | answered in the affirmative or negative, as to whether or | 13 | | not the company maintains additional places of business in | 14 | | the State other than those described pursuant to paragraph | 15 | | (2); | 16 | | (4) the terms of the agreement, including (i) the | 17 | | manner in which the amount of any retailers' occupation tax | 18 | | to be shared, rebated, or refunded is to be determined each | 19 | | year for the duration of the agreement, (ii) the duration | 20 | | of the agreement, and (iii) the name of any business who is | 21 | | not a party to the agreement but who directly or indirectly | 22 | | receives a share, refund, or rebate of the retailers' | 23 | | occupation tax; and | 24 | | (5) a copy of the agreement to share or
rebate any | 25 | | portion of
retailers' occupation taxes generated by retail | 26 | | sales of tangible personal
property. |
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| 1 | | An updated report must be filed by the county within 30 | 2 | | days after the execution of any amendment made to an agreement. | 3 | | Reports filed with the Department pursuant to this Section | 4 | | shall not constitute tax returns. | 5 | | (e) The Department shall redact the sales figures, the | 6 | | amount of sales tax collected, and the amount of sales tax | 7 | | rebated prior to disclosure of information contained in a | 8 | | report required by this Section. The information redacted shall | 9 | | be exempt from the provisions of the Freedom of Information | 10 | | Act. | 11 | | (Source: P.A. 93-920, eff. 8-12-04.) | 12 | | Section 15. The Illinois Municipal Code is amended by | 13 | | changing Section 8-11-21 as follows:
| 14 | | (65 ILCS 5/8-11-21)
| 15 | | Sec. 8-11-21. Agreements to share or rebate occupation | 16 | | taxes.
| 17 | | (a) On and after
June 1, 2004, the corporate authorities of | 18 | | a municipality shall
not enter into any agreement to share or | 19 | | rebate
any
portion of retailers' occupation taxes generated by | 20 | | retail sales of tangible
personal
property if: (1) the tax on | 21 | | those retail sales, absent the agreement,
would have been paid | 22 | | to another unit of local government; and (2) the
retailer | 23 | | maintains, within that other unit of local government, a
retail | 24 | | location from which the tangible personal property is delivered |
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| 1 | | to
purchasers, or a warehouse from which the tangible personal | 2 | | property is
delivered to purchasers. Any unit of local | 3 | | government
denied retailers' occupation tax revenue because of | 4 | | an agreement that violates
this Section may file an action in | 5 | | circuit court against only the municipality.
Any agreement | 6 | | entered into prior to
June 1,
2004 is not affected by this | 7 | | amendatory Act of the 93rd General Assembly.
Any unit of
local | 8 | | government that prevails in the circuit court action is | 9 | | entitled to
damages in
the amount of the tax revenue it was | 10 | | denied as a result of the agreement,
statutory interest, costs, | 11 | | reasonable attorney's fees, and an amount equal to
50% of the
| 12 | | tax.
| 13 | | (b) On and after the effective date of this amendatory Act | 14 | | of the 93rd
General Assembly, a home rule unit shall not enter | 15 | | into any agreement
prohibited
by this Section. This Section is | 16 | | a denial and limitation of home rule powers
and
functions under | 17 | | subsection (g) of Section 6 of Article VII of the Illinois
| 18 | | Constitution.
| 19 | | (c) Any municipality that enters into an agreement to share | 20 | | or rebate
any
portion of retailers' occupation taxes generated | 21 | | by retail sales of tangible
personal
property must complete and | 22 | | submit a report by electronic filing to the Department of | 23 | | Revenue within 30 days after the execution of the agreement. | 24 | | Any municipality that has entered into such an agreement before | 25 | | the effective date of this amendatory Act of the 97th General | 26 | | Assembly that has not been terminated or expired as of the |
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| 1 | | effective date of this amendatory Act of the 97th General | 2 | | Assembly shall submit a report with respect to the agreements | 3 | | within 90 days after the effective date of this amendatory Act | 4 | | of the 97th General Assembly. | 5 | | (d) The report described in this Section shall be made on a | 6 | | form to be supplied by the Department of Revenue and shall | 7 | | contain the following: | 8 | | (1) the names of the municipality and the business | 9 | | entering into the agreement; | 10 | | (2) the location or locations of the business within | 11 | | the municipality; | 12 | | (3) the form shall also contain a statement, to be | 13 | | answered in the affirmative or negative, as to whether or | 14 | | not the company maintains additional places of business in | 15 | | the State other than those described pursuant to paragraph | 16 | | (2); | 17 | | (4) the terms of the agreement, including (i) the | 18 | | manner in which the amount of any retailers' occupation tax | 19 | | to be shared, rebated, or refunded is to be determined each | 20 | | year for the duration of the agreement, (ii) the duration | 21 | | of the agreement, and (iii) the name of any business who is | 22 | | not a party to the agreement but who directly or indirectly | 23 | | receives a share, refund, or rebate of the retailers' | 24 | | occupation tax; and | 25 | | (5) a copy of the agreement to share or rebate
any
| 26 | | portion of retailers' occupation taxes generated by retail |
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| 1 | | sales of tangible
personal
property. | 2 | | An updated report must be filed by the municipality within | 3 | | 30 days after the execution of any amendment made to an | 4 | | agreement. | 5 | | Reports filed with the Department pursuant to this Section | 6 | | shall not constitute tax returns. | 7 | | (e) The Department shall redact the sales figures, the | 8 | | amount of sales tax collected, and the amount of sales tax | 9 | | rebated prior to disclosure of information contained in a | 10 | | report required by this Section. The information redacted shall | 11 | | be exempt from the provisions of the Freedom of Information | 12 | | Act. | 13 | | (Source: P.A. 93-920, eff. 8-12-04.)
| 14 | | Section 90. The State Mandates Act is amended by adding | 15 | | Section 8.36 as follows: | 16 | | (30 ILCS 805/8.36 new) | 17 | | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 | | of this Act, no reimbursement by the State is required for the | 19 | | implementation of any mandate created by this amendatory Act of | 20 | | the 97th General Assembly. ".
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