093_HB0300ham002

 










                                     LRB093 02564 MKM 12885 a

 1                     AMENDMENT TO HOUSE BILL 300

 2        AMENDMENT NO.     .  Amend House Bill 300, AS AMENDED, by
 3    replacing everything  after  the  enacting  clause  with  the
 4    following:

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

 7        (55 ILCS 5/5-1106.1 new)
 8        Sec. 5-1106.1.  Public records; Internet access.
 9        (a)  Any county may provide  Internet  access  to  public
10    records  maintained  in electronic form. This access shall be
11    provided at no charge to the public. Any county that provides
12    public Internet access to records  maintained  in  electronic
13    form  may  also  enter into a contractual arrangement for the
14    dissemination of the same electronic data in bulk or compiled
15    form.
16        (b)  For the purposes of this Section,  "electronic  data
17    in  bulk form" is defined as all, or a significant subset, of
18    any records to which the public has free Internet access,  as
19    is  and  without modification or compilation; and "electronic
20    data in compiled form" is defined as any records to which the
21    public  has  free  Internet  access   but   that   has   been
22    specifically  selected, aggregated, or manipulated and is not
 
                            -2-      LRB093 02564 MKM 12885 a
 1    maintained  or  used  in  the  county's  regular  course   of
 2    business.
 3        (c)  If,  but  only  if,  a county provides free Internet
 4    access to public records maintained in electronic  form,  the
 5    county  may  charge  a  fee  for  the  dissemination  of  the
 6    electronic data in bulk or compiled form, but the fee may not
 7    exceed  110%  of  the  actual  cost, if any, of providing the
 8    electronic data in bulk or compiled form.
 9        The  fee  must  be  paid  to  the  county  treasurer  and
10    deposited into a fund designated  as  the  County  Automation
11    Fund;  except  that  in  counties with a population exceeding
12    3,000,000, the fee shall be paid into a  fund  designated  as
13    the Recorder's Automation Fund.
14        (d)  The county must make available for public inspection
15    and  copying  an  itemization  of the actual cost, if any, of
16    providing electronic data in bulk or compiled form, including
17    any and all supporting documents. The  county  is  prohibited
18    from  granting  to any person or entity, whether by contract,
19    license, or otherwise, the  exclusive  right  to  access  and
20    disseminate any public record.

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