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.