Public Act 93-0362

HB0300 Enrolled                      LRB093 02564 MKM 02574 b

    AN ACT in relation to local government.

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

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

    (55 ILCS 5/5-1106.1 new)
    Sec. 5-1106.1.  Public records; Internet access.
    (a)  Any  county  may  provide  Internet access to public
records maintained in electronic form. This access  shall  be
provided at no charge to the public. Any county that provides
public  Internet  access  to records maintained in electronic
form may also enter into a contractual  arrangement  for  the
dissemination of the same electronic data in bulk or compiled
form.
    (b)  For  the  purposes of this Section, "electronic data
in bulk form" is defined as all, or a significant subset,  of
any  records to which the public has free Internet access, as
is and without modification or compilation;  and  "electronic
data in compiled form" is defined as any records to which the
public   has   free   Internet   access  but  that  has  been
specifically selected, aggregated, or manipulated and is  not
maintained   or  used  in  the  county's  regular  course  of
business.
    (c)  If, but only if, a  county  provides  free  Internet
access  to  public records maintained in electronic form, the
county  may  charge  a  fee  for  the  dissemination  of  the
electronic data in bulk or compiled form, but the fee may not
exceed 110% of the actual cost,  if  any,  of  providing  the
electronic data in bulk or compiled form.
    The  fee  must  be  paid  to  the  county  treasurer  and
deposited  into  a  fund  designated as the County Automation
Fund; except that in counties  with  a  population  exceeding
3,000,000,  the  fee  shall be paid into a fund designated as
the Recorder's Automation Fund.
    (d)  The county must make available for public inspection
and copying an itemization of the actual  cost,  if  any,  of
providing electronic data in bulk or compiled form, including
any  and  all  supporting documents. The county is prohibited
from granting to any person or entity, whether  by  contract,
license,  or  otherwise,  the  exclusive  right to access and
disseminate any public record.

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