093_HB0300eng

 
HB0300 Engrossed                     LRB093 02564 MKM 02574 b

 1        AN ACT in relation to local government.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Counties Code is amended by adding Section
 5    5-1106.1 as follows:

 6        (55 ILCS 5/5-1106.1 new)
 7        Sec. 5-1106.1.  Public records; Internet access.
 8        (a)  Any  county  may  provide  Internet access to public
 9    records maintained in electronic form. This access  shall  be
10    provided at no charge to the public. Any county that provides
11    public  Internet  access  to records maintained in electronic
12    form may also enter into a contractual  arrangement  for  the
13    dissemination of the same electronic data in bulk or compiled
14    form.
15        (b)  For  the  purposes of this Section, "electronic data
16    in bulk form" is defined as all, or a significant subset,  of
17    any  records to which the public has free Internet access, as
18    is and without modification or compilation;  and  "electronic
19    data in compiled form" is defined as any records to which the
20    public   has   free   Internet   access  but  that  has  been
21    specifically selected, aggregated, or manipulated and is  not
22    maintained   or  used  in  the  county's  regular  course  of
23    business.
24        (c)  If, but only if, a  county  provides  free  Internet
25    access  to  public records maintained in electronic form, the
26    county  may  charge  a  fee  for  the  dissemination  of  the
27    electronic data in bulk or compiled form, but the fee may not
28    exceed 110% of the actual cost,  if  any,  of  providing  the
29    electronic data in bulk or compiled form.
30        The  fee  must  be  paid  to  the  county  treasurer  and
31    deposited  into  a  fund  designated as the County Automation
 
HB0300 Engrossed            -2-      LRB093 02564 MKM 02574 b
 1    Fund; except that in counties  with  a  population  exceeding
 2    3,000,000,  the  fee  shall be paid into a fund designated as
 3    the Recorder's Automation Fund.
 4        (d)  The county must make available for public inspection
 5    and copying an itemization of the actual  cost,  if  any,  of
 6    providing electronic data in bulk or compiled form, including
 7    any  and  all  supporting documents. The county is prohibited
 8    from granting to any person or entity, whether  by  contract,
 9    license,  or  otherwise,  the  exclusive  right to access and
10    disseminate any public record.

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.