State of Illinois
92nd General Assembly
Legislation

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92_HB3209gms

 
                            STATE OF ILLINOIS
                         OFFICE OF THE GOVERNOR
                           SPRINGFIELD, 62706

      GEORGE H. RYAN
      GOVERNOR
                             August 3, 2001

      To the Honorable Members of the
          Illinois House of Representatives
          92nd General Assembly
          I have signed House  Bill  3209,  which  amends  "AN  ACT
      concerning   freedom   of  information."  This  bill  exempts
      "computer  graphic  systems"  from  inspection  and   copying
      covered   under   the  Freedom  of  Information  Act  if  the
      disclosure of those documents could reasonably be expected to
      produce private gain or public loss.
          Although the intent  of  this  bill  is  to  protect  the
      investment  public  bodies  make  in  integrating  geographic
      information  systems  with  other  overlays of public records
      such as parcels, the wording in the bill is vague  and  could
      be  defined too broadly. The term used in the bill, "computer
      graphic  system,"  does  not  intuitively  define  the   date
      contained  on  any  system  but  the  term  "system" could be
      construed to refer only to hardware or software that pertains
      to any type of graphic representation.
          Moreover, at a time when I am encouraging state  agencies
      and   local   governments  to  collaboratively  provide  more
      information over the Internet, this bill has the potential to
      discourage local and state entities from providing this  type
      of  integrated date online. The lack of a specific definition
      for the type of overlay data that should  be  protected  from
      private  gain  could  be  a  reason  for  concern and lead to
      misunderstanding. Without this type of definition,  there  is
      not  a limit on the type of date that is paid for with public
      funds that in fact should be shared online with the public.
          While  I  support  the  intent  of   House   Bill   3209,
      legislation should be pursued that clarifies these issues and
      balances    the   immense   costs   of   maintaining   public
      accountability  and  public  access  with   limits   on   the
      commercialization and exploitation of public data for private
      gain.
          With this clarification, I have signed House Bill 3209.
                                             Sincerely,
                                             s/GEORGE H. RYAN
                                             Governor

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