Rep. William "Will" Davis

Filed: 3/7/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1287

2    AMENDMENT NO. ______. Amend House Bill 1287 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be exempt from inspection and copying:
16        (a) Information specifically prohibited from

 

 

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1    disclosure by federal or State law or rules and
2    regulations implementing federal or State law.
3        (b) Private information, unless disclosure is required
4    by another provision of this Act, a State or federal law,
5    or a court order.
6        (b-5) Files, documents, and other data or databases
7    maintained by one or more law enforcement agencies and
8    specifically designed to provide information to one or
9    more law enforcement agencies regarding the physical or
10    mental status of one or more individual subjects.
11        (c) Personal information contained within public
12    records, the disclosure of which would constitute a
13    clearly unwarranted invasion of personal privacy, unless
14    the disclosure is consented to in writing by the
15    individual subjects of the information. "Unwarranted
16    invasion of personal privacy" means the disclosure of
17    information that is highly personal or objectionable to a
18    reasonable person and in which the subject's right to
19    privacy outweighs any legitimate public interest in
20    obtaining the information. The disclosure of information
21    that bears on the public duties of public employees and
22    officials shall not be considered an invasion of personal
23    privacy.
24        (d) Records in the possession of any public body
25    created in the course of administrative enforcement
26    proceedings, and any law enforcement or correctional

 

 

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1    agency for law enforcement purposes, but only to the
2    extent that disclosure would:
3            (i) interfere with pending or actually and
4        reasonably contemplated law enforcement proceedings
5        conducted by any law enforcement or correctional
6        agency that is the recipient of the request;
7            (ii) interfere with active administrative
8        enforcement proceedings conducted by the public body
9        that is the recipient of the request;
10            (iii) create a substantial likelihood that a
11        person will be deprived of a fair trial or an impartial
12        hearing;
13            (iv) unavoidably disclose the identity of a
14        confidential source, confidential information
15        furnished only by the confidential source, or persons
16        who file complaints with or provide information to
17        administrative, investigative, law enforcement, or
18        penal agencies; except that the identities of
19        witnesses to traffic crashes, traffic crash reports,
20        and rescue reports shall be provided by agencies of
21        local government, except when disclosure would
22        interfere with an active criminal investigation
23        conducted by the agency that is the recipient of the
24        request;
25            (v) disclose unique or specialized investigative
26        techniques other than those generally used and known

 

 

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1        or disclose internal documents of correctional
2        agencies related to detection, observation, or
3        investigation of incidents of crime or misconduct, and
4        disclosure would result in demonstrable harm to the
5        agency or public body that is the recipient of the
6        request;
7            (vi) endanger the life or physical safety of law
8        enforcement personnel or any other person; or
9            (vii) obstruct an ongoing criminal investigation
10        by the agency that is the recipient of the request.
11        (d-5) A law enforcement record created for law
12    enforcement purposes and contained in a shared electronic
13    record management system if the law enforcement agency
14    that is the recipient of the request did not create the
15    record, did not participate in or have a role in any of the
16    events which are the subject of the record, and only has
17    access to the record through the shared electronic record
18    management system.
19        (d-6) Records contained in the Officer Professional
20    Conduct Database under Section 9.2 of the Illinois Police
21    Training Act, except to the extent authorized under that
22    Section. This includes the documents supplied to the
23    Illinois Law Enforcement Training Standards Board from the
24    Illinois State Police and Illinois State Police Merit
25    Board.
26        (d-7) Information gathered or records created from the

 

 

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1    use of automatic license plate readers in connection with
2    Section 2-130 of the Illinois Vehicle Code.
3        (e) Records that relate to or affect the security of
4    correctional institutions and detention facilities.
5        (e-5) Records requested by persons committed to the
6    Department of Corrections, Department of Human Services
7    Division of Mental Health, or a county jail if those
8    materials are available in the library of the correctional
9    institution or facility or jail where the inmate is
10    confined.
11        (e-6) Records requested by persons committed to the
12    Department of Corrections, Department of Human Services
13    Division of Mental Health, or a county jail if those
14    materials include records from staff members' personnel
15    files, staff rosters, or other staffing assignment
16    information.
17        (e-7) Records requested by persons committed to the
18    Department of Corrections or Department of Human Services
19    Division of Mental Health if those materials are available
20    through an administrative request to the Department of
21    Corrections or Department of Human Services Division of
22    Mental Health.
23        (e-8) Records requested by a person committed to the
24    Department of Corrections, Department of Human Services
25    Division of Mental Health, or a county jail, the
26    disclosure of which would result in the risk of harm to any

 

 

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1    person or the risk of an escape from a jail or correctional
2    institution or facility.
3        (e-9) Records requested by a person in a county jail
4    or committed to the Department of Corrections or
5    Department of Human Services Division of Mental Health,
6    containing personal information pertaining to the person's
7    victim or the victim's family, including, but not limited
8    to, a victim's home address, home telephone number, work
9    or school address, work telephone number, social security
10    number, or any other identifying information, except as
11    may be relevant to a requester's current or potential case
12    or claim.
13        (e-10) Law enforcement records of other persons
14    requested by a person committed to the Department of
15    Corrections, Department of Human Services Division of
16    Mental Health, or a county jail, including, but not
17    limited to, arrest and booking records, mug shots, and
18    crime scene photographs, except as these records may be
19    relevant to the requester's current or potential case or
20    claim.
21        (f) Preliminary drafts, notes, recommendations,
22    memoranda, and other records in which opinions are
23    expressed, or policies or actions are formulated, except
24    that a specific record or relevant portion of a record
25    shall not be exempt when the record is publicly cited and
26    identified by the head of the public body. The exemption

 

 

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1    provided in this paragraph (f) extends to all those
2    records of officers and agencies of the General Assembly
3    that pertain to the preparation of legislative documents.
4        (g) Trade secrets and commercial or financial
5    information obtained from a person or business where the
6    trade secrets or commercial or financial information are
7    furnished under a claim that they are proprietary,
8    privileged, or confidential, and that disclosure of the
9    trade secrets or commercial or financial information would
10    cause competitive harm to the person or business, and only
11    insofar as the claim directly applies to the records
12    requested.
13        The information included under this exemption includes
14    all trade secrets and commercial or financial information
15    obtained by a public body, including a public pension
16    fund, from a private equity fund or a privately held
17    company within the investment portfolio of a private
18    equity fund as a result of either investing or evaluating
19    a potential investment of public funds in a private equity
20    fund. The exemption contained in this item does not apply
21    to the aggregate financial performance information of a
22    private equity fund, nor to the identity of the fund's
23    managers or general partners. The exemption contained in
24    this item does not apply to the identity of a privately
25    held company within the investment portfolio of a private
26    equity fund, unless the disclosure of the identity of a

 

 

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1    privately held company may cause competitive harm.
2        Nothing contained in this paragraph (g) shall be
3    construed to prevent a person or business from consenting
4    to disclosure.
5        (h) Proposals and bids for any contract, grant, or
6    agreement, including information which if it were
7    disclosed would frustrate procurement or give an advantage
8    to any person proposing to enter into a contractor
9    agreement with the body, until an award or final selection
10    is made. Information prepared by or for the body in
11    preparation of a bid solicitation shall be exempt until an
12    award or final selection is made.
13        (i) Valuable formulae, computer geographic systems,
14    designs, drawings, and research data obtained or produced
15    by any public body when disclosure could reasonably be
16    expected to produce private gain or public loss. The
17    exemption for "computer geographic systems" provided in
18    this paragraph (i) does not extend to requests made by
19    news media as defined in Section 2 of this Act when the
20    requested information is not otherwise exempt and the only
21    purpose of the request is to access and disseminate
22    information regarding the health, safety, welfare, or
23    legal rights of the general public.
24        (j) The following information pertaining to
25    educational matters:
26            (i) test questions, scoring keys, and other

 

 

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1        examination data used to administer an academic
2        examination;
3            (ii) information received by a primary or
4        secondary school, college, or university under its
5        procedures for the evaluation of faculty members by
6        their academic peers;
7            (iii) information concerning a school or
8        university's adjudication of student disciplinary
9        cases, but only to the extent that disclosure would
10        unavoidably reveal the identity of the student; and
11            (iv) course materials or research materials used
12        by faculty members.
13        (k) Architects' plans, engineers' technical
14    submissions, and other construction related technical
15    documents for projects not constructed or developed in
16    whole or in part with public funds and the same for
17    projects constructed or developed with public funds,
18    including, but not limited to, power generating and
19    distribution stations and other transmission and
20    distribution facilities, water treatment facilities,
21    airport facilities, sport stadiums, convention centers,
22    and all government owned, operated, or occupied buildings,
23    but only to the extent that disclosure would compromise
24    security.
25        (l) Minutes of meetings of public bodies closed to the
26    public as provided in the Open Meetings Act until the

 

 

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1    public body makes the minutes available to the public
2    under Section 2.06 of the Open Meetings Act.
3        (m) Communications between a public body and an
4    attorney or auditor representing the public body that
5    would not be subject to discovery in litigation, and
6    materials prepared or compiled by or for a public body in
7    anticipation of a criminal, civil, or administrative
8    proceeding upon the request of an attorney advising the
9    public body, and materials prepared or compiled with
10    respect to internal audits of public bodies.
11        (n) Records relating to a public body's adjudication
12    of employee grievances or disciplinary cases; however,
13    this exemption shall not extend to the final outcome of
14    cases in which discipline is imposed.
15        (o) Administrative or technical information associated
16    with automated data processing operations, including, but
17    not limited to, software, operating protocols, computer
18    program abstracts, file layouts, source listings, object
19    modules, load modules, user guides, documentation
20    pertaining to all logical and physical design of
21    computerized systems, employee manuals, and any other
22    information that, if disclosed, would jeopardize the
23    security of the system or its data or the security of
24    materials exempt under this Section.
25        (p) Records relating to collective negotiating matters
26    between public bodies and their employees or

 

 

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1    representatives, except that any final contract or
2    agreement shall be subject to inspection and copying.
3        (q) Test questions, scoring keys, and other
4    examination data used to determine the qualifications of
5    an applicant for a license or employment.
6        (r) The records, documents, and information relating
7    to real estate purchase negotiations until those
8    negotiations have been completed or otherwise terminated.
9    With regard to a parcel involved in a pending or actually
10    and reasonably contemplated eminent domain proceeding
11    under the Eminent Domain Act, records, documents, and
12    information relating to that parcel shall be exempt except
13    as may be allowed under discovery rules adopted by the
14    Illinois Supreme Court. The records, documents, and
15    information relating to a real estate sale shall be exempt
16    until a sale is consummated.
17        (s) Any and all proprietary information and records
18    related to the operation of an intergovernmental risk
19    management association or self-insurance pool or jointly
20    self-administered health and accident cooperative or pool.
21    Insurance or self-insurance (including any
22    intergovernmental risk management association or
23    self-insurance pool) claims, loss or risk management
24    information, records, data, advice, or communications.
25        (t) Information contained in or related to
26    examination, operating, or condition reports prepared by,

 

 

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1    on behalf of, or for the use of a public body responsible
2    for the regulation or supervision of financial
3    institutions, insurance companies, or pharmacy benefit
4    managers, unless disclosure is otherwise required by State
5    law.
6        (u) Information that would disclose or might lead to
7    the disclosure of secret or confidential information,
8    codes, algorithms, programs, or private keys intended to
9    be used to create electronic signatures under the Uniform
10    Electronic Transactions Act.
11        (v) Vulnerability assessments, security measures, and
12    response policies or plans that are designed to identify,
13    prevent, or respond to potential attacks upon a
14    community's population or systems, facilities, or
15    installations, but only to the extent that disclosure
16    could reasonably be expected to expose the vulnerability
17    or jeopardize the effectiveness of the measures, policies,
18    or plans, or the safety of the personnel who implement
19    them or the public. Information exempt under this item may
20    include such things as details pertaining to the
21    mobilization or deployment of personnel or equipment, to
22    the operation of communication systems or protocols, to
23    cybersecurity vulnerabilities, or to tactical operations.
24        (w) (Blank).
25        (x) Maps and other records regarding the location or
26    security of generation, transmission, distribution,

 

 

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1    storage, gathering, treatment, or switching facilities
2    owned by a utility, by a power generator, or by the
3    Illinois Power Agency.
4        (y) Information contained in or related to proposals,
5    bids, or negotiations related to electric power
6    procurement under Section 1-75 of the Illinois Power
7    Agency Act and Section 16-111.5 of the Public Utilities
8    Act that is determined to be confidential and proprietary
9    by the Illinois Power Agency or by the Illinois Commerce
10    Commission.
11        (z) Information about students exempted from
12    disclosure under Section 10-20.38 or 34-18.29 of the
13    School Code, and information about undergraduate students
14    enrolled at an institution of higher education exempted
15    from disclosure under Section 25 of the Illinois Credit
16    Card Marketing Act of 2009.
17        (aa) Information the disclosure of which is exempted
18    under the Viatical Settlements Act of 2009.
19        (bb) Records and information provided to a mortality
20    review team and records maintained by a mortality review
21    team appointed under the Department of Juvenile Justice
22    Mortality Review Team Act.
23        (cc) Information regarding interments, entombments, or
24    inurnments of human remains that are submitted to the
25    Cemetery Oversight Database under the Cemetery Care Act or
26    the Cemetery Oversight Act, whichever is applicable.

 

 

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1        (dd) Correspondence and records (i) that may not be
2    disclosed under Section 11-9 of the Illinois Public Aid
3    Code or (ii) that pertain to appeals under Section 11-8 of
4    the Illinois Public Aid Code.
5        (ee) The names, addresses, or other personal
6    information of persons who are minors and are also
7    participants and registrants in programs of park
8    districts, forest preserve districts, conservation
9    districts, recreation agencies, and special recreation
10    associations.
11        (ff) The names, addresses, or other personal
12    information of participants and registrants in programs of
13    park districts, forest preserve districts, conservation
14    districts, recreation agencies, and special recreation
15    associations where such programs are targeted primarily to
16    minors.
17        (gg) Confidential information described in Section
18    1-100 of the Illinois Independent Tax Tribunal Act of
19    2012.
20        (hh) The report submitted to the State Board of
21    Education by the School Security and Standards Task Force
22    under item (8) of subsection (d) of Section 2-3.160 of the
23    School Code and any information contained in that report.
24        (ii) Records requested by persons committed to or
25    detained by the Department of Human Services under the
26    Sexually Violent Persons Commitment Act or committed to

 

 

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1    the Department of Corrections under the Sexually Dangerous
2    Persons Act if those materials: (i) are available in the
3    library of the facility where the individual is confined;
4    (ii) include records from staff members' personnel files,
5    staff rosters, or other staffing assignment information;
6    or (iii) are available through an administrative request
7    to the Department of Human Services or the Department of
8    Corrections.
9        (jj) Confidential information described in Section
10    5-535 of the Civil Administrative Code of Illinois.
11        (kk) The public body's credit card numbers, debit card
12    numbers, bank account numbers, Federal Employer
13    Identification Number, security code numbers, passwords,
14    and similar account information, the disclosure of which
15    could result in identity theft or impression or defrauding
16    of a governmental entity or a person.
17        (ll) Records concerning the work of the threat
18    assessment team of a school district, including, but not
19    limited to, any threat assessment procedure under the
20    School Safety Drill Act and any information contained in
21    the procedure.
22        (mm) Information prohibited from being disclosed under
23    subsections (a) and (b) of Section 15 of the Student
24    Confidential Reporting Act.
25        (nn) Proprietary information submitted to the
26    Environmental Protection Agency under the Drug Take-Back

 

 

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1    Act.
2        (oo) Records described in subsection (f) of Section
3    3-5-1 of the Unified Code of Corrections.
4        (pp) Any and all information regarding burials,
5    interments, or entombments of human remains as required to
6    be reported to the Department of Natural Resources
7    pursuant either to the Archaeological and Paleontological
8    Resources Protection Act or the Human Remains Protection
9    Act.
10        (qq) (pp) Reports described in subsection (e) of
11    Section 16-15 of the Abortion Care Clinical Training
12    Program Act.
13        (rr) (pp) Information obtained by a certified local
14    health department under the Access to Public Health Data
15    Act.
16        (ss) (pp) For a request directed to a public body that
17    is also a HIPAA-covered entity, all information that is
18    protected health information, including demographic
19    information, that may be contained within or extracted
20    from any record held by the public body in compliance with
21    State and federal medical privacy laws and regulations,
22    including, but not limited to, the Health Insurance
23    Portability and Accountability Act and its regulations, 45
24    CFR Parts 160 and 164. As used in this paragraph,
25    "HIPAA-covered entity" has the meaning given to the term
26    "covered entity" in 45 CFR 160.103 and "protected health

 

 

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1    information" has the meaning given to that term in 45 CFR
2    160.103.
3        (tt) Financial records related to real estate income,
4    expenses, and occupancy submitted by or on behalf of a
5    property owner to a chief county assessment officer, under
6    Division 6 of Article 9 of the Property Tax Code, provided
7    that nothing in this subsection prohibits a chief county
8    assessment officer from disclosing compiled and anonymized
9    data as provided in Division 6 of Article 9 of the Property
10    Tax Code.
11    (1.5) Any information exempt from disclosure under the
12Judicial Privacy Act shall be redacted from public records
13prior to disclosure under this Act.
14    (2) A public record that is not in the possession of a
15public body but is in the possession of a party with whom the
16agency has contracted to perform a governmental function on
17behalf of the public body, and that directly relates to the
18governmental function and is not otherwise exempt under this
19Act, shall be considered a public record of the public body,
20for purposes of this Act.
21    (3) This Section does not authorize withholding of
22information or limit the availability of records to the
23public, except as stated in this Section or otherwise provided
24in this Act.
25(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
26102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.

 

 

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11-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
2eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
3103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
48-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
59-7-23.)
 
6    Section 10. The Property Tax Code is amended by adding
7Division 6 to Article 9 as follows:
 
8    (35 ILCS 200/Art. 9 Div. 6 heading new)
9
Division 6. Income-Producing Property

 
10    (35 ILCS 200/9-280 new)
11    Sec. 9-280. Definitions. As used in this Division:
12    "Expense" means an expenditure that is necessitated by
13operation of the real property and that reduces the income
14generated for the property owner or lessee. "Expense"
15includes, but is not limited to, management fees, reserves for
16replacement, maintenance expenditures, property taxes, and
17insurance costs. "Expense" does not include debt service,
18reserves for building additions, or income tax.
19    "Income" means revenue generated by the real property and
20directed to or received by the property owner in the form of
21rent from unrelated persons or entities and ancillary revenue
22payable to the owner from unrelated persons or entities and
23generated exclusively from the operation of the real property.

 

 

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1"Income" includes revenue from parking or other amenities
2provided to or for the benefit of the property's tenants.
3"Income" does not include revenue generated from personal
4property, including, but not limited to, revenue from a
5business enterprise that is operated on the real property or
6improvements made to the property by a tenant.
7    "Income, expense, and occupancy data" means data that
8identifies income, expenses, and occupancy, as defined in this
9Section. Income and expense data may be found in annual
10reports, income and expense statements, and Internal Revenue
11Service Schedule E or Schedule 8825 tax forms for
12income-producing property for the immediately preceding year.
13Occupancy data may be found in rent rolls for the current and
14immediately preceding year. Data may be based on a calendar
15year or fiscal year.
16    "Occupancy" means the portion of rentable space that is
17leased and generates income during the year. Occupancy may be
18measured in months or fractions of the year. A rentable space
19that is subject to a lease agreement but is not generating
20income during any portion of the year may be considered
21unoccupied for the time when it is not generating income.
22    "Physical description" means the land size and information
23about the construction type, year built, total development
24size, number of buildings, number of stories in each building,
25and the capacity of structured parking garages, measured in
26the number of parking spaces. "Physical description" also

 

 

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1includes the following:
2        (1) For residential property of 7 or more units:
3            (A) a description of the basement area, if any,
4        including the size of the basement area and its
5        possible uses;
6            (B) the number of studio, 1-bedroom, 2-bedroom,
7        3-bedroom, and larger units;
8            (C) a description of the pool area, if any;
9            (D) a description of the exercise area, if any;
10        and
11            (E) the number of units, if any, that are enrolled
12        in any government-administered affordable housing
13        program.
14        (2) For office properties, a description of the net
15    rentable area of the property and a statement indicating
16    whether the owner represents to actual or prospective
17    tenants that the office space can accommodate x-ray or
18    magnetic resonance imaging (MRI) equipment or surgical
19    procedures.
20        (3) For retail properties, a description of the net
21    rentable area.
22        (4) For industrial properties:
23            (A) the size and location of any office area or
24        areas on the property;
25            (B) the number of loading bay doors;
26            (C) whether the clear ceiling height on the first

 

 

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1        floor is at least 18 feet but less than 24 feet, at
2        least 24 feet but less than 30 feet, or at least 30
3        feet;
4            (D) whether the property provides refrigerated
5        storage; and
6            (E) if the property is a data center, whether the
7        total megawatts available in the property is (i) less
8        than 250 megawatts, (ii) at least 250 megawatts but
9        not 500 megawatts, (iii) at least 500 megawatts but
10        less than one kilowatt, (iv) at least one kilowatt but
11        less than 5 kilowatts, or (v) 5 or more kilowatts.
12        (5) For hospitality properties, a statement indicating
13    whether the property has more than 10,000 square feet of
14    conference area and the room count.
15    "Property" has the meaning set forth in Section 1-130 of
16this Code and includes contiguous parcels or property index
17numbers that comprise one functional property location.
 
18    (35 ILCS 200/9-285 new)
19    Sec. 9-285. Voluntary delivery of income, expense, and
20occupancy data.
21    (a) In the general assessment year and any other year in
22which income-producing property is reassessed, the chief
23county assessment officer may request that owners of
24income-producing property provide the chief county assessment
25officer with income, expense, and occupancy data for the

 

 

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1property.
2    (b) A property owner that voluntarily provides data under
3this Section shall declare whether the property owner's books
4and records reflecting the operation of the property are
5maintained on a calendar year basis or a fiscal year basis and
6shall list the last date of the calendar year or fiscal year,
7as applicable.
8    (c) The chief county assessment officer shall maintain a
9copy of its rules for public review and shall place a copy of
10those rules and any amended rules on the chief county
11assessment officer's website.
12    (d) On assessment appeal by a party that voluntarily
13submitted data under this Section, the chief county assessment
14officer may audit the data to verify its accuracy by
15requesting documentation in support of submissions.
16    (e) Any personal data that is included in income, expense,
17and occupancy data produced under this Division, including
18federal identification numbers or social security numbers and
19income tax returns, shall be exempt from disclosure under the
20Freedom of Information Act. Income, expense, and occupancy
21data submitted under this Division shall not be subject to
22disclosure by the chief county assessment officer under the
23Freedom of Information Act or any other applicable law or
24under a court order in a tax or other matter. Nothing in this
25Section prohibits a chief county assessment officer from
26disclosing compiled and anonymized income, expense, and

 

 

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1occupancy data as provided in this Division. Data submitted as
2part of an assessment appeal, including data that had
3previously been submitted under this Section, is not protected
4from disclosure under the Freedom of Information Act under
5this subsection.
6    (f) Notwithstanding any other provision of this Division,
7a party that delivers data related to any property shall have
8the right at all times to: (i) obtain a copy of such income,
9expense, and occupancy data as submitted, in its original
10form, from the chief county assessment officer; (ii) file such
11income, expense, and occupancy data in any public forum; or
12(iii) authorize such filing or publication of the income,
13expense, and occupancy data in any other manner that the owner
14may choose.
15    (g) The chief county assessment officer shall establish
16and maintain reasonable security measures consistent with
17State and local law and the Federal Information Security
18Management Act to protect income, expense, and occupancy data.
19    (h) Information disclosed under this Division shall be
20used only for official purposes. Any person who divulges data
21submitted under this Division, other than as permitted in this
22Division, in accordance with a proper judicial order, or as
23otherwise provided by law, shall be guilty of a Class B
24misdemeanor and shall be subject to a fine not to exceed
25$7,500.
 

 

 

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1    (35 ILCS 200/9-290 new)
2    Sec. 9-290. Real property descriptions.
3    (a) This Section applies to all counties with 3,000,000 or
4more inhabitants and to all counties in which the county board
5provides, by ordinance or resolution, that owners of
6income-producing properties must comply with subsection (b).
7    (b) On and after the effective date of this amendatory Act
8of the 103rd General Assembly for counties with 3,000,000 or
9more inhabitants or on and after the effective date of the
10ordinance or resolution adopted by the county board under
11subsection (a) for any other counties to which this Section
12applies, owners of income-producing properties in the county,
13except for residential properties of fewer than 7 units, shall
14file physical descriptions of their properties with the chief
15county assessment officer, in the form and manner determined
16by the chief county assessment officer. Those physical
17descriptions shall be filed within 120 days after the chief
18county assessment officer mails a notice to the property
19owner. Notice to the property owner shall include description
20records or a link to an Internet resource of description
21records for that property.
22    (c) If, upon receiving a request for information under
23this Section for the first time, the owner of a property fails
24to submit the required physical description and fails to
25adequately explain why no submission is required, the owner
26shall pay a penalty to the chief county assessment officer of

 

 

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1up to 0.025% of the prior year's market value, as indicated by
2the most recent certified assessed value for the property at
3issue, but in no case shall the owner be required to pay more
4than a maximum penalty of $1,000 per property. The chief
5county assessment officer shall review all submissions and
6determine whether the owner provided sufficient evidence that
7the owner was not required to report a property description or
8that the submission complies based on available documentation.
9    (d) If a party is dissatisfied with a decision of the chief
10county assessment officer, the party may request review of
11that decision. Upon such a request, at least 30 days' notice
12shall be provided to the party of a hearing to be conducted by
13a hearing officer designated by the chief county assessment
14officer. If a party is dissatisfied with a hearing officer's
15decision, the party may appeal that decision to the circuit
16court of the county in which the property is located as a final
17administrative decision under the Administrative Review Law.
18If a party is unsuccessful at hearing, the penalty imposed
19under this Section shall bear interest at 0.05% per month
20thereafter, beginning 21 days after the date of the decision
21or 21 days after the date of the issuance of a final decision
22on administrative review.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".