Illinois General Assembly - Full Text of HB1287
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Full Text of HB1287  103rd General Assembly


Rep. William "Will" Davis

Filed: 5/9/2024





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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 and data related to real estate
4    income, expenses, and occupancy submitted by or on behalf
5    of a property owner to a chief county assessment officer,
6    except if submitted as part of an assessment appeal.
7    However, nothing in this paragraph (tt) prohibits a chief
8    county assessment officer from disclosing compiled and
9    anonymized data, and nothing in this paragraph (tt) shall
10    be construed to permit the chief county assessment officer
11    to withhold from public disclosure methodologies and
12    compiled and anonymized data used by any assessing
13    official in the valuation of property for assessment
14    purposes.
15    (1.5) Any information exempt from disclosure under the
16Judicial Privacy Act shall be redacted from public records
17prior to disclosure under this Act.
18    (2) A public record that is not in the possession of a
19public body but is in the possession of a party with whom the
20agency has contracted to perform a governmental function on
21behalf of the public body, and that directly relates to the
22governmental function and is not otherwise exempt under this
23Act, shall be considered a public record of the public body,
24for purposes of this Act.
25    (3) This Section does not authorize withholding of
26information or limit the availability of records to the



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1public, except as stated in this Section or otherwise provided
2in this Act.
3(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
4102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
51-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
6eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
7103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
88-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
10    Section 10. The Property Tax Code is amended by adding
11Division 6 to Article 9 as follows:
12    (35 ILCS 200/Art. 9 Div. 6 heading new)
Division 6. Physical Descriptions of Income-Producing Property

14    (35 ILCS 200/9-280 new)
15    Sec. 9-280. Definitions. As used in this Division:
16    "Income" means revenue generated by the real property and
17directed to or received by the property owner in the form of
18rent from unrelated persons or entities and ancillary revenue
19payable to the owner from unrelated persons or entities and
20generated exclusively from the operation of the real property.
21"Income" includes revenue from parking or other amenities
22provided to or for the benefit of the property's tenants.
23"Income" does not include revenue generated from personal



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1property, including, but not limited to, revenue from a
2business enterprise that is operated on the real property or
3improvements made to the property by a tenant.
4    "Income-producing property" means property that is not
5owner-occupied property, as defined in this Section, and that
6is owned for the purpose of generating income from the
7property itself, regardless of whether the property actually
8generates income in a particular year. "Income-producing
9property" does not include:
10        (1) property with a market value of $500,000 or less
11    in the most recent assessment year for which an assessment
12    is certified;
13        (2) residential property containing fewer than 7
14    residential units;
15        (3) property assessed under Article 10 of this Code
16    and stadiums that are not qualified property under Section
17    10-215 that have a seating capacity of 20,000 or more and
18    host major professional sporting events;
19        (4) property assessed by the Department under Article
20    11 of this Code;
21        (5) property that is owned or leased by a hospital
22    licensed under the Hospital Licensing Act or operated
23    under the University of Illinois Hospital Act, including
24    any hospital affiliate that directly or indirectly
25    controls, is controlled by, or is under common control
26    with a hospital; and



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1        (6) property that is owned or leased by a facility
2    licensed under the Nursing Home Care Act that is an
3    intermediate or skilled facility.
4    "Owner-occupied property" means real property that is used
5or occupied by its owner or by a related person or entity as
6described in subsection (b) of Section 267 of the Internal
7Revenue Code.
8    "Physical description" means the land size and information
9about the construction type, year built, total development
10size, number of buildings, number of stories in each building,
11and the capacity of structured parking garages, measured in
12the number of parking spaces. "Physical description" also
13includes the following:
14        (1) for residential property of 7 or more units:
15            (A) whether any rented area is below grade;
16            (B) the number of studio, 1-bedroom, 2-bedroom,
17        3-bedroom, and larger units;
18            (C) whether or not the property offers tenants
19        access to a pool area;
20            (D) whether or not the property offers tenants
21        access to an exercise area; and
22            (E) whether any units in the building are enrolled
23        in any government-administered affordable housing
24        program.
25        (2) for office properties, a description of the net
26    rentable area of the property and a statement indicating



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1    whether the owner represents to actual or prospective
2    tenants that the office space can accommodate x-ray or
3    magnetic resonance imaging (MRI) equipment or surgical
4    procedures;
5        (3) for retail properties, a description of the net
6    rentable area;
7        (4) for industrial properties:
8            (A) the size and location of any office area or
9        areas on the property;
10            (B) the number of loading bay doors;
11            (C) whether the clear ceiling height on the first
12        floor is at least 18 feet but less than 24 feet, at
13        least 24 feet but less than 30 feet, or at least 30
14        feet;
15            (D) whether the property provides refrigerated
16        storage; and
17            (E) if the property is a data center, whether the
18        total electrical capacity in the property is: (i) less
19        than 250 megawatts; (ii) at least 250 megawatts but
20        less than 500 megawatts; (iii) at least 500 megawatts
21        but less than one gigawatt; (iv) at least one gigawatt
22        but less than 5 gigawatts; or (v) 5 or more gigawatts;
23        and
24        (5) for hospitality properties, a statement indicating
25    whether the property has more than 10,000 square feet of
26    conference area and the room count.



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1    "Property" has the meaning set forth in Section 1-130 of
2this Code and includes contiguous parcels or property index
3numbers that comprise one functional property location.
4    (35 ILCS 200/9-290 new)
5    Sec. 9-290. Real property descriptions.
6    (a) This Section applies to all counties in which the
7county board provides, by ordinance or resolution, that owners
8of income-producing properties must comply with this Section.
9Any ordinance or resolution providing that owners of
10income-producing properties must comply with this Section
11shall be adopted no later than December 31, 2029.
12    (b) In counties with 3,000,000 or more inhabitants, the
13provisions of this Section apply as follows:
14        (1) if the general assessment year for the property is
15    2026, this Section applies from the effective date of the
16    ordinance or resolution adopted by the county board under
17    subsection (a) until December 31, 2028;
18        (2) if the general assessment year for the property is
19    2027, this Section applies from the effective date of the
20    ordinance or resolution adopted by the county board under
21    subsection (a) until December 31, 2029; and
22        (3) if the general assessment year for the property is
23    2028, this Section applies from the effective date of the
24    ordinance or resolution adopted by the county board under
25    subsection (a) until December 31, 2030.



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1    In counties with fewer than 3,000,000 inhabitants, the
2provisions of this Section apply on and after the effective
3date of the ordinance or resolution adopted by the county
4board under subsection (a) and until December 31 of the fourth
5year following the adoption of the ordinance or resolution.
6    (c) For the applicable period set forth in subsection (b),
7owners of income-producing properties in the county shall file
8physical descriptions of their properties with the chief
9county assessment officer in the form and manner determined by
10the chief county assessment officer. Such a filing by the
11owner is required only after the chief assessment officer
12notifies the owner of the property of the request for
13information. That notice shall include an individualized
14statement specifying all physical description information that
15the assessor's office has on record or recorded against the
16property and shall contain a statement that the owner may
17confirm the information if no changes are required. A filing
18by the owner that no changes are required is compliance with
19the request for information. The notice shall include
20description records or a link to an Internet resource of
21description records for that property.
22    (d) A request for information under subsection (c) may be
23issued to a property only once during one general reassessment
24cycle for the property. A response to the request for
25information shall be submitted to the chief county assessment
26officer within 90 days after the chief county assessment



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1officer mails the notice to the property owner under
2subsection (c).
3    (e) If, upon receiving a request for information under
4this Section, the owner of a property fails to submit the
5required physical description within 90 days after the chief
6county assessment officer mails the notice to the property
7owner and fails to adequately explain why no submission is
8required, the owner shall pay a penalty to the chief county
9assessment officer as determined by the chief county
10assessment officer of up to 0.025% of the prior year's market
11value for the property at issue, as indicated by the most
12recent certified assessed value, but in no case shall the
13owner be required to pay more than a maximum penalty of $1,000
14per property. All penalties under this Section shall be
15deposited into the county's general fund or as otherwise
16allocated by the county board. The penalty under this Section
17shall be waived if, upon notice of failure to file and the
18imposition of the penalty, the owner provides the requested
19physical descriptions within 30 days after the postmark date
20of the notice of failure to file and the imposition of the
21penalty. An owner who responds to a request for information
22received under this Section with good faith efforts based on
23reasonable information and belief, or who, upon diligent
24investigation, is unable to provide specific requested
25information and provides an answer to this effect, shall be
26determined to be in substantial compliance with this Section



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1and shall not be subject to a penalty. Responses to requests
2for information under this Section consistent with documents
3from the sale or transfer of the property to the current owner
4or with published advertisements made by the owner to current
5or prospective tenants, unless the owner has modified those
6particular aspects of the property since the sale, transfer,
7lease, or lease proffer, shall be deemed to be made in good
8faith. The owner may explain the reasons for any
9inconsistencies and be deemed to have responded in good faith,
10and any inconsistencies related to documents from the sale or
11transfer of the property prepared by a prior owner shall not be
12attributable to the current owner. The chief county assessment
13officer shall review all submissions and determine whether the
14owner provided sufficient evidence that the owner was not
15required to report a property description or that the
16submission complies based on available documentation.
17    (f) If a party is dissatisfied with a decision of the chief
18county assessment officer, the party may request review of
19that decision. Upon such a request, at least 30 days' notice
20shall be provided to the party of a hearing to be conducted by
21a hearing officer designated by the chief county assessment
22officer. If a party is dissatisfied with a hearing officer's
23decision, the party may appeal that decision to the circuit
24court of the county in which the property is located as a final
25administrative decision under the Administrative Review Law.
26If a party is unsuccessful at hearing, the penalty imposed



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1under this Section shall bear interest at 0.05% per month
2thereafter, beginning 21 days after the date of the decision
3or 21 days after the date of the issuance of a final decision
4on administrative review, as applicable.
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".