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