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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2175
Introduced 2/14/2008, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
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55 ILCS 5/5-1106.1 |
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30 ILCS 805/8.32 new |
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Amends the Counties Code. Provides that, if any county officer makes public records or form documents available over the internet, those records and documents must be available to the user free of charge. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State.
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| FISCAL NOTE ACT MAY APPLY |
HOME RULE NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB2175 |
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LRB095 19295 HLH 45586 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section |
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| 5-1106.1 as follows:
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| (55 ILCS 5/5-1106.1)
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| Sec. 5-1106.1. Public records; Internet access.
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| (a) Any county may provide Internet access to public |
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| records maintained
in electronic form. This access shall be |
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| provided at no charge to the public.
Any
county that provides |
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| public Internet access to records maintained in electronic
form |
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| may also enter into a contractual arrangement for the |
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| dissemination of the
same electronic data in bulk or compiled |
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| form.
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| (b) (blank) For the purposes of this Section, "electronic |
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| data in bulk form" is
defined as all, or a significant subset, |
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| of any records to which the public has
free
Internet access, as |
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| is and without modification or compilation; and "electronic
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| data in compiled form" is defined as any records to which the |
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| public has free
Internet access but that has been specifically |
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| selected, aggregated, or
manipulated and is not maintained or |
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| used in the county's regular course of
business.
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| (c) (blank) If, but only if, a county provides free |
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SB2175 |
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LRB095 19295 HLH 45586 b |
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| Internet access to public
records
maintained in electronic |
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| form, the county may charge a fee for the
dissemination
of the |
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| electronic data in bulk or compiled form, but the fee may not |
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| exceed
110%
of the actual cost, if any, of providing the |
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| electronic data in bulk or
compiled form.
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| The fee must be paid to the county treasurer and deposited |
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| into a fund
designated as the County Automation Fund; except |
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| that in counties with a
population exceeding 3,000,000, the fee |
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| shall be paid into a fund designated as
the Recorder's |
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| Automation Fund.
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| (d) The county must make available for public inspection |
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| and copying an
itemization of the actual cost, if any, of |
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| providing electronic data in bulk or
compiled form, including |
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| any and all supporting
documents.
The county is prohibited from |
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| granting to any person or entity, whether by
contract, license, |
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| or otherwise, the exclusive right to access and disseminate
any
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| public record.
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| (e) Notwithstanding any other provision of law, beginning |
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| on the effective date of this amendatory Act of the 95th |
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| General Assembly, if any county officer makes public records or |
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| form documents available over the internet, those records and |
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| documents must be available to the user free of charge. A home |
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| rule unit may not regulate the availability of public documents |
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| in a manner that is inconsistent with this subsection. This is |
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| a denial and limitation of home rule powers and
functions under |
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| subsection (h) of Section 6 of Article VII of the Illinois
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