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Public Act 097-0976


 

Public Act 0976 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0976
 
HB3859 EnrolledLRB097 13904 KMW 58486 b

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

Effective Date: 1/1/2013