Illinois 2025-2026 Regular Session

Illinois House Bill HB1829 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1829 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 5 ILCS 140/735 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-290 new Amends the Property Tax Code. Provides that, in counties in which the county board so provides, by ordinance or resolution, owners of income-producing properties in the county shall file physical descriptions of their properties with the chief county assessment officer upon request of the chief county assessment officer. Sets forth the period of time during which those provisions apply. Provides that the request for information shall include an individualized statement specifying all physical description information that the assessor's office has on record or recorded against the property and shall contain a statement that the owner may confirm the information if no changes are required. Imposes certain penalties if the property owner fails to respond to a request for information. Amends the Freedom of Information Act to provide that financial records and data related to real estate income, expenses, and occupancy submitted by or on behalf of a property owner to a chief county assessment officer, except if submitted as part of an assessment appeal, are exempt from disclosure. Effective immediately. LRB104 03521 HLH 13544 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1829 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 5 ILCS 140/735 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-290 new 5 ILCS 140/7 35 ILCS 200/Art. 9 Div. 6 heading new 35 ILCS 200/9-280 new 35 ILCS 200/9-290 new Amends the Property Tax Code. Provides that, in counties in which the county board so provides, by ordinance or resolution, owners of income-producing properties in the county shall file physical descriptions of their properties with the chief county assessment officer upon request of the chief county assessment officer. Sets forth the period of time during which those provisions apply. Provides that the request for information shall include an individualized statement specifying all physical description information that the assessor's office has on record or recorded against the property and shall contain a statement that the owner may confirm the information if no changes are required. Imposes certain penalties if the property owner fails to respond to a request for information. Amends the Freedom of Information Act to provide that financial records and data related to real estate income, expenses, and occupancy submitted by or on behalf of a property owner to a chief county assessment officer, except if submitted as part of an assessment appeal, are exempt from disclosure. Effective immediately. LRB104 03521 HLH 13544 b LRB104 03521 HLH 13544 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1829 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
33 5 ILCS 140/735 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-290 new 5 ILCS 140/7 35 ILCS 200/Art. 9 Div. 6 heading new 35 ILCS 200/9-280 new 35 ILCS 200/9-290 new
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88 Amends the Property Tax Code. Provides that, in counties in which the county board so provides, by ordinance or resolution, owners of income-producing properties in the county shall file physical descriptions of their properties with the chief county assessment officer upon request of the chief county assessment officer. Sets forth the period of time during which those provisions apply. Provides that the request for information shall include an individualized statement specifying all physical description information that the assessor's office has on record or recorded against the property and shall contain a statement that the owner may confirm the information if no changes are required. Imposes certain penalties if the property owner fails to respond to a request for information. Amends the Freedom of Information Act to provide that financial records and data related to real estate income, expenses, and occupancy submitted by or on behalf of a property owner to a chief county assessment officer, except if submitted as part of an assessment appeal, are exempt from disclosure. Effective immediately.
99 LRB104 03521 HLH 13544 b LRB104 03521 HLH 13544 b
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1414 1 AN ACT concerning revenue.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Freedom of Information Act is amended by
1818 5 changing Section 7 as follows:
1919 6 (5 ILCS 140/7)
2020 7 Sec. 7. Exemptions.
2121 8 (1) When a request is made to inspect or copy a public
2222 9 record that contains information that is exempt from
2323 10 disclosure under this Section, but also contains information
2424 11 that is not exempt from disclosure, the public body may elect
2525 12 to redact the information that is exempt. The public body
2626 13 shall make the remaining information available for inspection
2727 14 and copying. Subject to this requirement, the following shall
2828 15 be exempt from inspection and copying:
2929 16 (a) Information specifically prohibited from
3030 17 disclosure by federal or State law or rules and
3131 18 regulations implementing federal or State law.
3232 19 (b) Private information, unless disclosure is required
3333 20 by another provision of this Act, a State or federal law,
3434 21 or a court order.
3535 22 (b-5) Files, documents, and other data or databases
3636 23 maintained by one or more law enforcement agencies and
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4040 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1829 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
4141 5 ILCS 140/735 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-290 new 5 ILCS 140/7 35 ILCS 200/Art. 9 Div. 6 heading new 35 ILCS 200/9-280 new 35 ILCS 200/9-290 new
4242 5 ILCS 140/7
4343 35 ILCS 200/Art. 9 Div. 6 heading new
4444 35 ILCS 200/9-280 new
4545 35 ILCS 200/9-290 new
4646 Amends the Property Tax Code. Provides that, in counties in which the county board so provides, by ordinance or resolution, owners of income-producing properties in the county shall file physical descriptions of their properties with the chief county assessment officer upon request of the chief county assessment officer. Sets forth the period of time during which those provisions apply. Provides that the request for information shall include an individualized statement specifying all physical description information that the assessor's office has on record or recorded against the property and shall contain a statement that the owner may confirm the information if no changes are required. Imposes certain penalties if the property owner fails to respond to a request for information. Amends the Freedom of Information Act to provide that financial records and data related to real estate income, expenses, and occupancy submitted by or on behalf of a property owner to a chief county assessment officer, except if submitted as part of an assessment appeal, are exempt from disclosure. Effective immediately.
4747 LRB104 03521 HLH 13544 b LRB104 03521 HLH 13544 b
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7777 1 specifically designed to provide information to one or
7878 2 more law enforcement agencies regarding the physical or
7979 3 mental status of one or more individual subjects.
8080 4 (c) Personal information contained within public
8181 5 records, the disclosure of which would constitute a
8282 6 clearly unwarranted invasion of personal privacy, unless
8383 7 the disclosure is consented to in writing by the
8484 8 individual subjects of the information. "Unwarranted
8585 9 invasion of personal privacy" means the disclosure of
8686 10 information that is highly personal or objectionable to a
8787 11 reasonable person and in which the subject's right to
8888 12 privacy outweighs any legitimate public interest in
8989 13 obtaining the information. The disclosure of information
9090 14 that bears on the public duties of public employees and
9191 15 officials shall not be considered an invasion of personal
9292 16 privacy.
9393 17 (d) Records in the possession of any public body
9494 18 created in the course of administrative enforcement
9595 19 proceedings, and any law enforcement or correctional
9696 20 agency for law enforcement purposes, but only to the
9797 21 extent that disclosure would:
9898 22 (i) interfere with pending or actually and
9999 23 reasonably contemplated law enforcement proceedings
100100 24 conducted by any law enforcement or correctional
101101 25 agency that is the recipient of the request;
102102 26 (ii) interfere with active administrative
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113113 1 enforcement proceedings conducted by the public body
114114 2 that is the recipient of the request;
115115 3 (iii) create a substantial likelihood that a
116116 4 person will be deprived of a fair trial or an impartial
117117 5 hearing;
118118 6 (iv) unavoidably disclose the identity of a
119119 7 confidential source, confidential information
120120 8 furnished only by the confidential source, or persons
121121 9 who file complaints with or provide information to
122122 10 administrative, investigative, law enforcement, or
123123 11 penal agencies; except that the identities of
124124 12 witnesses to traffic crashes, traffic crash reports,
125125 13 and rescue reports shall be provided by agencies of
126126 14 local government, except when disclosure would
127127 15 interfere with an active criminal investigation
128128 16 conducted by the agency that is the recipient of the
129129 17 request;
130130 18 (v) disclose unique or specialized investigative
131131 19 techniques other than those generally used and known
132132 20 or disclose internal documents of correctional
133133 21 agencies related to detection, observation, or
134134 22 investigation of incidents of crime or misconduct, and
135135 23 disclosure would result in demonstrable harm to the
136136 24 agency or public body that is the recipient of the
137137 25 request;
138138 26 (vi) endanger the life or physical safety of law
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149149 1 enforcement personnel or any other person; or
150150 2 (vii) obstruct an ongoing criminal investigation
151151 3 by the agency that is the recipient of the request.
152152 4 (d-5) A law enforcement record created for law
153153 5 enforcement purposes and contained in a shared electronic
154154 6 record management system if the law enforcement agency
155155 7 that is the recipient of the request did not create the
156156 8 record, did not participate in or have a role in any of the
157157 9 events which are the subject of the record, and only has
158158 10 access to the record through the shared electronic record
159159 11 management system.
160160 12 (d-6) Records contained in the Officer Professional
161161 13 Conduct Database under Section 9.2 of the Illinois Police
162162 14 Training Act, except to the extent authorized under that
163163 15 Section. This includes the documents supplied to the
164164 16 Illinois Law Enforcement Training Standards Board from the
165165 17 Illinois State Police and Illinois State Police Merit
166166 18 Board.
167167 19 (d-7) Information gathered or records created from the
168168 20 use of automatic license plate readers in connection with
169169 21 Section 2-130 of the Illinois Vehicle Code.
170170 22 (e) Records that relate to or affect the security of
171171 23 correctional institutions and detention facilities.
172172 24 (e-5) Records requested by persons committed to the
173173 25 Department of Corrections, Department of Human Services
174174 26 Division of Mental Health, or a county jail if those
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185185 1 materials are available in the library of the correctional
186186 2 institution or facility or jail where the inmate is
187187 3 confined.
188188 4 (e-6) Records requested by persons committed to the
189189 5 Department of Corrections, Department of Human Services
190190 6 Division of Mental Health, or a county jail if those
191191 7 materials include records from staff members' personnel
192192 8 files, staff rosters, or other staffing assignment
193193 9 information.
194194 10 (e-7) Records requested by persons committed to the
195195 11 Department of Corrections or Department of Human Services
196196 12 Division of Mental Health if those materials are available
197197 13 through an administrative request to the Department of
198198 14 Corrections or Department of Human Services Division of
199199 15 Mental Health.
200200 16 (e-8) Records requested by a person committed to the
201201 17 Department of Corrections, Department of Human Services
202202 18 Division of Mental Health, or a county jail, the
203203 19 disclosure of which would result in the risk of harm to any
204204 20 person or the risk of an escape from a jail or correctional
205205 21 institution or facility.
206206 22 (e-9) Records requested by a person in a county jail
207207 23 or committed to the Department of Corrections or
208208 24 Department of Human Services Division of Mental Health,
209209 25 containing personal information pertaining to the person's
210210 26 victim or the victim's family, including, but not limited
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221221 1 to, a victim's home address, home telephone number, work
222222 2 or school address, work telephone number, social security
223223 3 number, or any other identifying information, except as
224224 4 may be relevant to a requester's current or potential case
225225 5 or claim.
226226 6 (e-10) Law enforcement records of other persons
227227 7 requested by a person committed to the Department of
228228 8 Corrections, Department of Human Services Division of
229229 9 Mental Health, or a county jail, including, but not
230230 10 limited to, arrest and booking records, mug shots, and
231231 11 crime scene photographs, except as these records may be
232232 12 relevant to the requester's current or potential case or
233233 13 claim.
234234 14 (f) Preliminary drafts, notes, recommendations,
235235 15 memoranda, and other records in which opinions are
236236 16 expressed, or policies or actions are formulated, except
237237 17 that a specific record or relevant portion of a record
238238 18 shall not be exempt when the record is publicly cited and
239239 19 identified by the head of the public body. The exemption
240240 20 provided in this paragraph (f) extends to all those
241241 21 records of officers and agencies of the General Assembly
242242 22 that pertain to the preparation of legislative documents.
243243 23 (g) Trade secrets and commercial or financial
244244 24 information obtained from a person or business where the
245245 25 trade secrets or commercial or financial information are
246246 26 furnished under a claim that they are proprietary,
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257257 1 privileged, or confidential, and that disclosure of the
258258 2 trade secrets or commercial or financial information would
259259 3 cause competitive harm to the person or business, and only
260260 4 insofar as the claim directly applies to the records
261261 5 requested.
262262 6 The information included under this exemption includes
263263 7 all trade secrets and commercial or financial information
264264 8 obtained by a public body, including a public pension
265265 9 fund, from a private equity fund or a privately held
266266 10 company within the investment portfolio of a private
267267 11 equity fund as a result of either investing or evaluating
268268 12 a potential investment of public funds in a private equity
269269 13 fund. The exemption contained in this item does not apply
270270 14 to the aggregate financial performance information of a
271271 15 private equity fund, nor to the identity of the fund's
272272 16 managers or general partners. The exemption contained in
273273 17 this item does not apply to the identity of a privately
274274 18 held company within the investment portfolio of a private
275275 19 equity fund, unless the disclosure of the identity of a
276276 20 privately held company may cause competitive harm.
277277 21 Nothing contained in this paragraph (g) shall be
278278 22 construed to prevent a person or business from consenting
279279 23 to disclosure.
280280 24 (h) Proposals and bids for any contract, grant, or
281281 25 agreement, including information which if it were
282282 26 disclosed would frustrate procurement or give an advantage
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293293 1 to any person proposing to enter into a contractor
294294 2 agreement with the body, until an award or final selection
295295 3 is made. Information prepared by or for the body in
296296 4 preparation of a bid solicitation shall be exempt until an
297297 5 award or final selection is made.
298298 6 (i) Valuable formulae, computer geographic systems,
299299 7 designs, drawings, and research data obtained or produced
300300 8 by any public body when disclosure could reasonably be
301301 9 expected to produce private gain or public loss. The
302302 10 exemption for "computer geographic systems" provided in
303303 11 this paragraph (i) does not extend to requests made by
304304 12 news media as defined in Section 2 of this Act when the
305305 13 requested information is not otherwise exempt and the only
306306 14 purpose of the request is to access and disseminate
307307 15 information regarding the health, safety, welfare, or
308308 16 legal rights of the general public.
309309 17 (j) The following information pertaining to
310310 18 educational matters:
311311 19 (i) test questions, scoring keys, and other
312312 20 examination data used to administer an academic
313313 21 examination;
314314 22 (ii) information received by a primary or
315315 23 secondary school, college, or university under its
316316 24 procedures for the evaluation of faculty members by
317317 25 their academic peers;
318318 26 (iii) information concerning a school or
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329329 1 university's adjudication of student disciplinary
330330 2 cases, but only to the extent that disclosure would
331331 3 unavoidably reveal the identity of the student; and
332332 4 (iv) course materials or research materials used
333333 5 by faculty members.
334334 6 (k) Architects' plans, engineers' technical
335335 7 submissions, and other construction related technical
336336 8 documents for projects not constructed or developed in
337337 9 whole or in part with public funds and the same for
338338 10 projects constructed or developed with public funds,
339339 11 including, but not limited to, power generating and
340340 12 distribution stations and other transmission and
341341 13 distribution facilities, water treatment facilities,
342342 14 airport facilities, sport stadiums, convention centers,
343343 15 and all government owned, operated, or occupied buildings,
344344 16 but only to the extent that disclosure would compromise
345345 17 security.
346346 18 (l) Minutes of meetings of public bodies closed to the
347347 19 public as provided in the Open Meetings Act until the
348348 20 public body makes the minutes available to the public
349349 21 under Section 2.06 of the Open Meetings Act.
350350 22 (m) Communications between a public body and an
351351 23 attorney or auditor representing the public body that
352352 24 would not be subject to discovery in litigation, and
353353 25 materials prepared or compiled by or for a public body in
354354 26 anticipation of a criminal, civil, or administrative
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365365 1 proceeding upon the request of an attorney advising the
366366 2 public body, and materials prepared or compiled with
367367 3 respect to internal audits of public bodies.
368368 4 (n) Records relating to a public body's adjudication
369369 5 of employee grievances or disciplinary cases; however,
370370 6 this exemption shall not extend to the final outcome of
371371 7 cases in which discipline is imposed.
372372 8 (o) Administrative or technical information associated
373373 9 with automated data processing operations, including, but
374374 10 not limited to, software, operating protocols, computer
375375 11 program abstracts, file layouts, source listings, object
376376 12 modules, load modules, user guides, documentation
377377 13 pertaining to all logical and physical design of
378378 14 computerized systems, employee manuals, and any other
379379 15 information that, if disclosed, would jeopardize the
380380 16 security of the system or its data or the security of
381381 17 materials exempt under this Section.
382382 18 (p) Records relating to collective negotiating matters
383383 19 between public bodies and their employees or
384384 20 representatives, except that any final contract or
385385 21 agreement shall be subject to inspection and copying.
386386 22 (q) Test questions, scoring keys, and other
387387 23 examination data used to determine the qualifications of
388388 24 an applicant for a license or employment.
389389 25 (r) The records, documents, and information relating
390390 26 to real estate purchase negotiations until those
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401401 1 negotiations have been completed or otherwise terminated.
402402 2 With regard to a parcel involved in a pending or actually
403403 3 and reasonably contemplated eminent domain proceeding
404404 4 under the Eminent Domain Act, records, documents, and
405405 5 information relating to that parcel shall be exempt except
406406 6 as may be allowed under discovery rules adopted by the
407407 7 Illinois Supreme Court. The records, documents, and
408408 8 information relating to a real estate sale shall be exempt
409409 9 until a sale is consummated.
410410 10 (s) Any and all proprietary information and records
411411 11 related to the operation of an intergovernmental risk
412412 12 management association or self-insurance pool or jointly
413413 13 self-administered health and accident cooperative or pool.
414414 14 Insurance or self-insurance (including any
415415 15 intergovernmental risk management association or
416416 16 self-insurance pool) claims, loss or risk management
417417 17 information, records, data, advice, or communications.
418418 18 (t) Information contained in or related to
419419 19 examination, operating, or condition reports prepared by,
420420 20 on behalf of, or for the use of a public body responsible
421421 21 for the regulation or supervision of financial
422422 22 institutions, insurance companies, or pharmacy benefit
423423 23 managers, unless disclosure is otherwise required by State
424424 24 law.
425425 25 (u) Information that would disclose or might lead to
426426 26 the disclosure of secret or confidential information,
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437437 1 codes, algorithms, programs, or private keys intended to
438438 2 be used to create electronic signatures under the Uniform
439439 3 Electronic Transactions Act.
440440 4 (v) Vulnerability assessments, security measures, and
441441 5 response policies or plans that are designed to identify,
442442 6 prevent, or respond to potential attacks upon a
443443 7 community's population or systems, facilities, or
444444 8 installations, but only to the extent that disclosure
445445 9 could reasonably be expected to expose the vulnerability
446446 10 or jeopardize the effectiveness of the measures, policies,
447447 11 or plans, or the safety of the personnel who implement
448448 12 them or the public. Information exempt under this item may
449449 13 include such things as details pertaining to the
450450 14 mobilization or deployment of personnel or equipment, to
451451 15 the operation of communication systems or protocols, to
452452 16 cybersecurity vulnerabilities, or to tactical operations.
453453 17 (w) (Blank).
454454 18 (x) Maps and other records regarding the location or
455455 19 security of generation, transmission, distribution,
456456 20 storage, gathering, treatment, or switching facilities
457457 21 owned by a utility, by a power generator, or by the
458458 22 Illinois Power Agency.
459459 23 (y) Information contained in or related to proposals,
460460 24 bids, or negotiations related to electric power
461461 25 procurement under Section 1-75 of the Illinois Power
462462 26 Agency Act and Section 16-111.5 of the Public Utilities
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473473 1 Act that is determined to be confidential and proprietary
474474 2 by the Illinois Power Agency or by the Illinois Commerce
475475 3 Commission.
476476 4 (z) Information about students exempted from
477477 5 disclosure under Section 10-20.38 or 34-18.29 of the
478478 6 School Code, and information about undergraduate students
479479 7 enrolled at an institution of higher education exempted
480480 8 from disclosure under Section 25 of the Illinois Credit
481481 9 Card Marketing Act of 2009.
482482 10 (aa) Information the disclosure of which is exempted
483483 11 under the Viatical Settlements Act of 2009.
484484 12 (bb) Records and information provided to a mortality
485485 13 review team and records maintained by a mortality review
486486 14 team appointed under the Department of Juvenile Justice
487487 15 Mortality Review Team Act.
488488 16 (cc) Information regarding interments, entombments, or
489489 17 inurnments of human remains that are submitted to the
490490 18 Cemetery Oversight Database under the Cemetery Care Act or
491491 19 the Cemetery Oversight Act, whichever is applicable.
492492 20 (dd) Correspondence and records (i) that may not be
493493 21 disclosed under Section 11-9 of the Illinois Public Aid
494494 22 Code or (ii) that pertain to appeals under Section 11-8 of
495495 23 the Illinois Public Aid Code.
496496 24 (ee) The names, addresses, or other personal
497497 25 information of persons who are minors and are also
498498 26 participants and registrants in programs of park
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509509 1 districts, forest preserve districts, conservation
510510 2 districts, recreation agencies, and special recreation
511511 3 associations.
512512 4 (ff) The names, addresses, or other personal
513513 5 information of participants and registrants in programs of
514514 6 park districts, forest preserve districts, conservation
515515 7 districts, recreation agencies, and special recreation
516516 8 associations where such programs are targeted primarily to
517517 9 minors.
518518 10 (gg) Confidential information described in Section
519519 11 1-100 of the Illinois Independent Tax Tribunal Act of
520520 12 2012.
521521 13 (hh) The report submitted to the State Board of
522522 14 Education by the School Security and Standards Task Force
523523 15 under item (8) of subsection (d) of Section 2-3.160 of the
524524 16 School Code and any information contained in that report.
525525 17 (ii) Records requested by persons committed to or
526526 18 detained by the Department of Human Services under the
527527 19 Sexually Violent Persons Commitment Act or committed to
528528 20 the Department of Corrections under the Sexually Dangerous
529529 21 Persons Act if those materials: (i) are available in the
530530 22 library of the facility where the individual is confined;
531531 23 (ii) include records from staff members' personnel files,
532532 24 staff rosters, or other staffing assignment information;
533533 25 or (iii) are available through an administrative request
534534 26 to the Department of Human Services or the Department of
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545545 1 Corrections.
546546 2 (jj) Confidential information described in Section
547547 3 5-535 of the Civil Administrative Code of Illinois.
548548 4 (kk) The public body's credit card numbers, debit card
549549 5 numbers, bank account numbers, Federal Employer
550550 6 Identification Number, security code numbers, passwords,
551551 7 and similar account information, the disclosure of which
552552 8 could result in identity theft or impression or defrauding
553553 9 of a governmental entity or a person.
554554 10 (ll) Records concerning the work of the threat
555555 11 assessment team of a school district, including, but not
556556 12 limited to, any threat assessment procedure under the
557557 13 School Safety Drill Act and any information contained in
558558 14 the procedure.
559559 15 (mm) Information prohibited from being disclosed under
560560 16 subsections (a) and (b) of Section 15 of the Student
561561 17 Confidential Reporting Act.
562562 18 (nn) Proprietary information submitted to the
563563 19 Environmental Protection Agency under the Drug Take-Back
564564 20 Act.
565565 21 (oo) Records described in subsection (f) of Section
566566 22 3-5-1 of the Unified Code of Corrections.
567567 23 (pp) Any and all information regarding burials,
568568 24 interments, or entombments of human remains as required to
569569 25 be reported to the Department of Natural Resources
570570 26 pursuant either to the Archaeological and Paleontological
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581581 1 Resources Protection Act or the Human Remains Protection
582582 2 Act.
583583 3 (qq) Reports described in subsection (e) of Section
584584 4 16-15 of the Abortion Care Clinical Training Program Act.
585585 5 (rr) Information obtained by a certified local health
586586 6 department under the Access to Public Health Data Act.
587587 7 (ss) For a request directed to a public body that is
588588 8 also a HIPAA-covered entity, all information that is
589589 9 protected health information, including demographic
590590 10 information, that may be contained within or extracted
591591 11 from any record held by the public body in compliance with
592592 12 State and federal medical privacy laws and regulations,
593593 13 including, but not limited to, the Health Insurance
594594 14 Portability and Accountability Act and its regulations, 45
595595 15 CFR Parts 160 and 164. As used in this paragraph,
596596 16 "HIPAA-covered entity" has the meaning given to the term
597597 17 "covered entity" in 45 CFR 160.103 and "protected health
598598 18 information" has the meaning given to that term in 45 CFR
599599 19 160.103.
600600 20 (tt) Proposals or bids submitted by engineering
601601 21 consultants in response to requests for proposal or other
602602 22 competitive bidding requests by the Department of
603603 23 Transportation or the Illinois Toll Highway Authority.
604604 24 (uu) Financial records and data related to real estate
605605 25 income, expenses, and occupancy submitted by or on behalf
606606 26 of a property owner to a chief county assessment officer,
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617617 1 except if submitted as part of an assessment appeal.
618618 2 However, nothing in this paragraph (uu) prohibits a chief
619619 3 county assessment officer from disclosing compiled and
620620 4 anonymized data, and nothing in this paragraph (uu) shall
621621 5 be construed to permit the chief county assessment officer
622622 6 to withhold from public disclosure methodologies and
623623 7 compiled and anonymized data used by any assessing
624624 8 official in the valuation of property for assessment
625625 9 purposes.
626626 10 (1.5) Any information exempt from disclosure under the
627627 11 Judicial Privacy Act shall be redacted from public records
628628 12 prior to disclosure under this Act.
629629 13 (2) A public record that is not in the possession of a
630630 14 public body but is in the possession of a party with whom the
631631 15 agency has contracted to perform a governmental function on
632632 16 behalf of the public body, and that directly relates to the
633633 17 governmental function and is not otherwise exempt under this
634634 18 Act, shall be considered a public record of the public body,
635635 19 for purposes of this Act.
636636 20 (3) This Section does not authorize withholding of
637637 21 information or limit the availability of records to the
638638 22 public, except as stated in this Section or otherwise provided
639639 23 in this Act.
640640 24 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
641641 25 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
642642 26 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
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653653 1 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
654654 2 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
655655 3 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
656656 4 eff. 7-1-24; 103-865, eff. 1-1-25.)
657657 5 Section 10. The Property Tax Code is amended by adding
658658 6 Division 6 to Article 9 as follows:
659659 7 (35 ILCS 200/Art. 9 Div. 6 heading new)
660660 8 Division 6. Physical Descriptions of Income-Producing Property
661661 9 (35 ILCS 200/9-280 new)
662662 10 Sec. 9-280. Definitions. As used in this Division:
663663 11 "Income" means revenue generated by the real property and
664664 12 directed to or received by the property owner in the form of
665665 13 rent from unrelated persons or entities and ancillary revenue
666666 14 payable to the owner from unrelated persons or entities and
667667 15 generated exclusively from the operation of the real property.
668668 16 "Income" includes revenue from parking or other amenities
669669 17 provided to or for the benefit of the property's tenants.
670670 18 "Income" does not include revenue generated from personal
671671 19 property, including, but not limited to, revenue from a
672672 20 business enterprise that is operated on the real property or
673673 21 improvements made to the property by a tenant.
674674 22 "Income-producing property" means property that is not
675675 23 owner-occupied property, as defined in this Section, and that
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686686 1 is owned for the purpose of generating income from the
687687 2 property itself, regardless of whether the property actually
688688 3 generates income in a particular year. "Income-producing
689689 4 property" does not include:
690690 5 (1) property with a market value of $500,000 or less
691691 6 in the most recent assessment year for which an assessment
692692 7 is certified;
693693 8 (2) residential property containing fewer than 7
694694 9 residential units;
695695 10 (3) property assessed under Article 10 of this Code
696696 11 and stadiums that are not qualified property under Section
697697 12 10-215 that have a seating capacity of 20,000 or more and
698698 13 host major professional sporting events;
699699 14 (4) property assessed by the Department under Article
700700 15 11 of this Code;
701701 16 (5) property that is owned or leased by a hospital
702702 17 licensed under the Hospital Licensing Act or operated
703703 18 under the University of Illinois Hospital Act, including
704704 19 any hospital affiliate that directly or indirectly
705705 20 controls, is controlled by, or is under common control
706706 21 with a hospital; and
707707 22 (6) property that is owned or leased by a facility
708708 23 licensed under the Nursing Home Care Act that is an
709709 24 intermediate or skilled facility.
710710 25 "Owner-occupied property" means real property that is used
711711 26 or occupied by its owner or by a related person or entity as
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722722 1 described in subsection (b) of Section 267 of the Internal
723723 2 Revenue Code.
724724 3 "Physical description" means the land size and information
725725 4 about the construction type, year built, total development
726726 5 size, number of buildings, number of stories in each building,
727727 6 and the capacity of structured parking garages, measured in
728728 7 the number of parking spaces. "Physical description" also
729729 8 includes the following:
730730 9 (1) for residential property of 7 or more units:
731731 10 (A) whether any rented area is below grade;
732732 11 (B) the number of studio, 1-bedroom, 2-bedroom,
733733 12 3-bedroom, and larger units;
734734 13 (C) whether or not the property offers tenants
735735 14 access to a pool area;
736736 15 (D) whether or not the property offers tenants
737737 16 access to an exercise area; and
738738 17 (E) whether any units in the building are enrolled
739739 18 in any government-administered affordable housing
740740 19 program.
741741 20 (2) for office properties, a description of the net
742742 21 rentable area of the property and a statement indicating
743743 22 whether the owner represents to actual or prospective
744744 23 tenants that the office space can accommodate x-ray or
745745 24 magnetic resonance imaging (MRI) equipment or surgical
746746 25 procedures;
747747 26 (3) for retail properties, a description of the net
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758758 1 rentable area;
759759 2 (4) for industrial properties:
760760 3 (A) the size and location of any office area or
761761 4 areas on the property;
762762 5 (B) the number of loading bay doors;
763763 6 (C) whether the clear ceiling height on the first
764764 7 floor is at least 18 feet but less than 24 feet, at
765765 8 least 24 feet but less than 30 feet, or at least 30
766766 9 feet;
767767 10 (D) whether the property provides refrigerated
768768 11 storage; and
769769 12 (E) if the property is a data center, whether the
770770 13 total electrical capacity in the property is: (i) less
771771 14 than 250 megawatts; (ii) at least 250 megawatts but
772772 15 less than 500 megawatts; (iii) at least 500 megawatts
773773 16 but less than one gigawatt; (iv) at least one gigawatt
774774 17 but less than 5 gigawatts; or (v) 5 or more gigawatts;
775775 18 and
776776 19 (5) for hospitality properties, a statement indicating
777777 20 whether the property has more than 10,000 square feet of
778778 21 conference area and the room count.
779779 22 "Property" has the meaning set forth in Section 1-130 of
780780 23 this Code and includes contiguous parcels or property index
781781 24 numbers that comprise one functional property location.
782782 25 (35 ILCS 200/9-290 new)
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793793 1 Sec. 9-290. Real property descriptions.
794794 2 (a) This Section applies to all counties in which the
795795 3 county board provides, by ordinance or resolution, that owners
796796 4 of income-producing properties must comply with this Section.
797797 5 Any ordinance or resolution providing that owners of
798798 6 income-producing properties must comply with this Section
799799 7 shall be adopted no later than December 31, 2029.
800800 8 (b) In counties with 3,000,000 or more inhabitants, the
801801 9 provisions of this Section apply as follows:
802802 10 (1) if the general assessment year for the property is
803803 11 2027, this Section applies from the effective date of the
804804 12 ordinance or resolution adopted by the county board under
805805 13 subsection (a) until December 31, 2029;
806806 14 (2) if the general assessment year for the property is
807807 15 2028, this Section applies from the effective date of the
808808 16 ordinance or resolution adopted by the county board under
809809 17 subsection (a) until December 31, 2030; and
810810 18 (3) if the general assessment year for the property is
811811 19 2029, this Section applies from the effective date of the
812812 20 ordinance or resolution adopted by the county board under
813813 21 subsection (a) until December 31, 2031.
814814 22 In counties with fewer than 3,000,000 inhabitants, the
815815 23 provisions of this Section apply on and after the effective
816816 24 date of the ordinance or resolution adopted by the county
817817 25 board under subsection (a) and until December 31 of the fourth
818818 26 year following the adoption of the ordinance or resolution.
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829829 1 (c) For the applicable period set forth in subsection (b),
830830 2 owners of income-producing properties in the county shall file
831831 3 physical descriptions of their properties with the chief
832832 4 county assessment officer in the form and manner determined by
833833 5 the chief county assessment officer. Such a filing by the
834834 6 owner is required only after the chief county assessment
835835 7 officer notifies the owner of the property of the request for
836836 8 information. That notice shall include an individualized
837837 9 statement specifying all physical description information that
838838 10 the assessor's office has on record or recorded against the
839839 11 property and shall contain a statement that the owner may
840840 12 confirm the information if no changes are required. A filing
841841 13 by the owner that no changes are required is compliance with
842842 14 the request for information. The notice shall include
843843 15 description records or a link to an Internet resource of
844844 16 description records for that property.
845845 17 (d) A request for information under subsection (c) may be
846846 18 issued with respect to a property only once during one general
847847 19 reassessment cycle for the property. A response to the request
848848 20 for information shall be submitted to the chief county
849849 21 assessment officer within 90 days after the chief county
850850 22 assessment officer mails the notice to the property owner
851851 23 under subsection (c).
852852 24 (e) If, upon receiving a request for information under
853853 25 this Section, the owner of a property fails to submit the
854854 26 required physical description within 90 days after the chief
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865865 1 county assessment officer mails the notice to the property
866866 2 owner and fails to adequately explain why no submission is
867867 3 required, the owner shall pay a penalty to the chief county
868868 4 assessment officer as determined by the chief county
869869 5 assessment officer of up to 0.025% of the prior year's market
870870 6 value for the property at issue, as indicated by the most
871871 7 recent certified assessed value, but in no case shall the
872872 8 owner be required to pay more than a maximum penalty of $1,000
873873 9 per property. All penalties under this Section shall be
874874 10 deposited into the county's general fund or as otherwise
875875 11 allocated by the county board. The penalty under this Section
876876 12 shall be waived if, upon notice of failure to file and the
877877 13 imposition of the penalty, the owner provides the requested
878878 14 physical descriptions within 30 days after the postmark date
879879 15 of the notice of failure to file and the imposition of the
880880 16 penalty. An owner who responds to a request for information
881881 17 received under this Section with good faith efforts based on
882882 18 reasonable information and belief, or who, upon diligent
883883 19 investigation, is unable to provide specific requested
884884 20 information and provides an answer to this effect, shall be
885885 21 determined to be in substantial compliance with this Section
886886 22 and shall not be subject to a penalty. Responses to requests
887887 23 for information under this Section consistent with documents
888888 24 from the sale or transfer of the property to the current owner
889889 25 or with published advertisements made by the owner to current
890890 26 or prospective tenants, unless the owner has modified those
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901901 1 particular aspects of the property since the sale, transfer,
902902 2 lease, or lease proffer, shall be deemed to be made in good
903903 3 faith. The owner may explain the reasons for any
904904 4 inconsistencies and be deemed to have responded in good faith,
905905 5 and any inconsistencies related to documents from the sale or
906906 6 transfer of the property prepared by a prior owner shall not be
907907 7 attributable to the current owner. The chief county assessment
908908 8 officer shall review all submissions and determine whether the
909909 9 owner provided sufficient evidence that the owner was not
910910 10 required to report a property description or that the
911911 11 submission complies based on available documentation.
912912 12 (f) If a party is dissatisfied with a decision of the chief
913913 13 county assessment officer, the party may request review of
914914 14 that decision. Upon such a request, at least 30 days' notice
915915 15 shall be provided to the party of a hearing to be conducted by
916916 16 a hearing officer designated by the chief county assessment
917917 17 officer. If a party is dissatisfied with a hearing officer's
918918 18 decision, the party may appeal that decision to the circuit
919919 19 court of the county in which the property is located as a final
920920 20 administrative decision under the Administrative Review Law.
921921 21 If a party is unsuccessful at hearing, the penalty imposed
922922 22 under this Section shall bear interest at 0.05% per month
923923 23 thereafter, beginning 21 days after the date of the decision
924924 24 or 21 days after the date of the issuance of a final decision
925925 25 on administrative review, as applicable.
926926 26 Section 99. Effective date. This Act takes effect upon
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