HB3859 EngrossedLRB097 13904 KMW 58486 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory Exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10    (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12    (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15    (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures
17Board and any and all documents or other records prepared by
18the Experimental Organ Transplantation Procedures Board or its
19staff relating to applications it has received.
20    (d) Information and records held by the Department of
21Public Health and its authorized representatives relating to
22known or suspected cases of sexually transmissible disease or
23any information the disclosure of which is restricted under the

 

 

HB3859 Engrossed- 2 -LRB097 13904 KMW 58486 b

1Illinois Sexually Transmissible Disease Control Act.
2    (e) Information the disclosure of which is exempted under
3Section 30 of the Radon Industry Licensing Act.
4    (f) Firm performance evaluations under Section 55 of the
5Architectural, Engineering, and Land Surveying Qualifications
6Based Selection Act.
7    (g) Information the disclosure of which is restricted and
8exempted under Section 50 of the Illinois Prepaid Tuition Act.
9    (h) Information the disclosure of which is exempted under
10the State Officials and Employees Ethics Act, and records of
11any lawfully created State or local inspector general's office
12that would be exempt if created or obtained by an Executive
13Inspector General's office under that Act.
14    (i) Information contained in a local emergency energy plan
15submitted to a municipality in accordance with a local
16emergency energy plan ordinance that is adopted under Section
1711-21.5-5 of the Illinois Municipal Code.
18    (j) Information and data concerning the distribution of
19surcharge moneys collected and remitted by wireless carriers
20under the Wireless Emergency Telephone Safety Act.
21    (k) Law enforcement officer identification information or
22driver identification information compiled by a law
23enforcement agency or the Department of Transportation under
24Section 11-212 of the Illinois Vehicle Code.
25    (l) Records and information provided to a residential
26health care facility resident sexual assault and death review

 

 

HB3859 Engrossed- 3 -LRB097 13904 KMW 58486 b

1team or the Executive Council under the Abuse Prevention Review
2Team Act.
3    (m) Information provided to the predatory lending database
4created pursuant to Article 3 of the Residential Real Property
5Disclosure Act, except to the extent authorized under that
6Article.
7    (n) Defense budgets and petitions for certification of
8compensation and expenses for court appointed trial counsel as
9provided under Sections 10 and 15 of the Capital Crimes
10Litigation Act. This subsection (n) shall apply until the
11conclusion of the trial of the case, even if the prosecution
12chooses not to pursue the death penalty prior to trial or
13sentencing.
14    (o) Information that is prohibited from being disclosed
15under Section 4 of the Illinois Health and Hazardous Substances
16Registry Act.
17    (p) Security portions of system safety program plans,
18investigation reports, surveys, schedules, lists, data, or
19information compiled, collected, or prepared by or for the
20Regional Transportation Authority under Section 2.11 of the
21Regional Transportation Authority Act or the St. Clair County
22Transit District under the Bi-State Transit Safety Act.
23    (q) Information prohibited from being disclosed by the
24Personnel Records Review Act.
25    (r) Information prohibited from being disclosed by the
26Illinois School Student Records Act.

 

 

HB3859 Engrossed- 4 -LRB097 13904 KMW 58486 b

1    (s) Information the disclosure of which is restricted under
2Section 5-108 of the Public Utilities Act.
3    (t) All identified or deidentified health information in
4the form of health data or medical records contained in, stored
5in, submitted to, transferred by, or released from the Illinois
6Health Information Exchange, and identified or deidentified
7health information in the form of health data and medical
8records of the Illinois Health Information Exchange in the
9possession of the Illinois Health Information Exchange
10Authority due to its administration of the Illinois Health
11Information Exchange. The terms "identified" and
12"deidentified" shall be given the same meaning as in the Health
13Insurance Accountability and Portability Act of 1996, Public
14Law 104-191, or any subsequent amendments thereto, and any
15regulations promulgated thereunder.
16    (u) Records and information provided to an independent team
17of experts under Brian's Law.
18    (v) Names and information of people who have applied for or
19received Firearm Owner's Identification Cards under the
20Firearm Owners Identification Card Act.
21    (w) (v) Personally identifiable information which is
22exempted from disclosure under subsection (g) of Section 19.1
23of the Toll Highway Act.
24    (x) Information which is exempted from disclosure under
25Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
26Illinois Municipal Code.

 

 

HB3859 Engrossed- 5 -LRB097 13904 KMW 58486 b

1(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
296-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
38-12-11; 97-342, eff. 8-12-11; revised 9-2-11.)
 
4    Section 10. The Counties Code is amended by changing
5Section 5-1014.3 as follows:
 
6    (55 ILCS 5/5-1014.3)
7    Sec. 5-1014.3. Agreements to share or rebate occupation
8taxes.
9    (a) On and after June 1, 2004, a county board shall not
10enter into any agreement to share or rebate any portion of
11retailers' occupation taxes generated by retail sales of
12tangible personal property if: (1) the tax on those retail
13sales, absent the agreement, would have been paid to another
14unit of local government; and (2) the retailer maintains,
15within that other unit of local government, a retail location
16from which the tangible personal property is delivered to
17purchasers, or a warehouse from which the tangible personal
18property is delivered to purchasers. Any unit of local
19government denied retailers' occupation tax revenue because of
20an agreement that violates this Section may file an action in
21circuit court against only the county. Any agreement entered
22into prior to June 1, 2004 is not affected by this amendatory
23Act of the 93rd General Assembly. Any unit of local government
24that prevails in the circuit court action is entitled to

 

 

HB3859 Engrossed- 6 -LRB097 13904 KMW 58486 b

1damages in the amount of the tax revenue it was denied as a
2result of the agreement, statutory interest, costs, reasonable
3attorney's fees, and an amount equal to 50% of the tax.
4    (b) On and after the effective date of this amendatory Act
5of the 93rd General Assembly, a home rule unit shall not enter
6into any agreement prohibited by this Section. This Section is
7a denial and limitation of home rule powers and functions under
8subsection (g) of Section 6 of Article VII of the Illinois
9Constitution.
10    (c) Any county that enters into an agreement to share or
11rebate any portion of retailers' occupation taxes generated by
12retail sales of tangible personal property must complete and
13submit a report by electronic filing to the Department of
14Revenue within 30 days after the execution of the agreement.
15Any county that has entered into such an agreement before the
16effective date of this amendatory Act of the 97th General
17Assembly that has not been terminated or expired as of the
18effective date of this amendatory Act of the 97th General
19Assembly shall submit a report with respect to the agreements
20within 90 days after the effective date of this amendatory Act
21of the 97th General Assembly.
22    (d) The report described in this Section shall be made on a
23form to be supplied by the Department of Revenue and shall
24contain the following:
25        (1) the names of the county and the business entering
26    into the agreement;

 

 

HB3859 Engrossed- 7 -LRB097 13904 KMW 58486 b

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
20days after the execution of any amendment made to an agreement.
21    Reports filed with the Department pursuant to this Section
22shall not constitute tax returns.
23    (e) The Department and the county shall redact the sales
24figures, the amount of sales tax collected, and the amount of
25sales tax rebated prior to disclosure of information contained
26in a report required by this Section or the Freedom of

 

 

HB3859 Engrossed- 8 -LRB097 13904 KMW 58486 b

1Information Act. The information redacted shall be exempt from
2the provisions of the Freedom of Information Act.
3    (f) All reports, except the copy of the agreement, required
4to be filed with the Department of Revenue pursuant to this
5Section shall be posted on the Department's website within 6
6months after the effective date of this amendatory Act of the
797th General Assembly. The website shall be updated on a
8monthly 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
11changing Section 8-11-21 as follows:
 
12    (65 ILCS 5/8-11-21)
13    Sec. 8-11-21. Agreements to share or rebate occupation
14taxes.
15    (a) On and after June 1, 2004, the corporate authorities of
16a municipality shall not enter into any agreement to share or
17rebate any portion of retailers' occupation taxes generated by
18retail sales of tangible personal property if: (1) the tax on
19those retail sales, absent the agreement, would have been paid
20to another unit of local government; and (2) the retailer
21maintains, within that other unit of local government, a retail
22location from which the tangible personal property is delivered
23to purchasers, or a warehouse from which the tangible personal
24property is delivered to purchasers. Any unit of local

 

 

HB3859 Engrossed- 9 -LRB097 13904 KMW 58486 b

1government denied retailers' occupation tax revenue because of
2an agreement that violates this Section may file an action in
3circuit court against only the municipality. Any agreement
4entered into prior to June 1, 2004 is not affected by this
5amendatory Act of the 93rd General Assembly. Any unit of local
6government that prevails in the circuit court action is
7entitled to damages in the amount of the tax revenue it was
8denied as a result of the agreement, statutory interest, costs,
9reasonable attorney's fees, and an amount equal to 50% of the
10tax.
11    (b) On and after the effective date of this amendatory Act
12of the 93rd General Assembly, a home rule unit shall not enter
13into any agreement prohibited by this Section. This Section is
14a denial and limitation of home rule powers and functions under
15subsection (g) of Section 6 of Article VII of the Illinois
16Constitution.
17    (c) Any municipality that enters into an agreement to share
18or rebate any portion of retailers' occupation taxes generated
19by retail sales of tangible personal property must complete and
20submit a report by electronic filing to the Department of
21Revenue within 30 days after the execution of the agreement.
22Any municipality that has entered into such an agreement before
23the effective date of this amendatory Act of the 97th General
24Assembly that has not been terminated or expired as of the
25effective date of this amendatory Act of the 97th General
26Assembly shall submit a report with respect to the agreements

 

 

HB3859 Engrossed- 10 -LRB097 13904 KMW 58486 b

1within 90 days after the effective date of this amendatory Act
2of the 97th General Assembly.
3    (d) The report described in this Section shall be made on a
4form to be supplied by the Department of Revenue and shall
5contain 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

 

 

HB3859 Engrossed- 11 -LRB097 13904 KMW 58486 b

130 days after the execution of any amendment made to an
2agreement.
3    Reports filed with the Department pursuant to this Section
4shall not constitute tax returns.
5    (e) The Department and the municipality shall redact the
6sales figures, the amount of sales tax collected, and the
7amount of sales tax rebated prior to disclosure of information
8contained in a report required by this Section or the Freedom
9of Information Act. The information redacted shall be exempt
10from the provisions of the Freedom of Information Act.
11    (f) All reports, except the copy of the agreement, required
12to be filed with the Department of Revenue pursuant to this
13Section shall be posted on the Department's website within 6
14months after the effective date of this amendatory Act of the
1597th General Assembly. The website shall be updated on a
16monthly 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
19Section 8.36 as follows:
 
20    (30 ILCS 805/8.36 new)
21    Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
22of this Act, no reimbursement by the State is required for the
23implementation of any mandate created by this amendatory Act of
24the 97th General Assembly.