Full Text of SB2175 95th General Assembly
SB2175sam001 95TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/5/2008
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09500SB2175sam001 |
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LRB095 19295 HLH 47224 a |
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| AMENDMENT TO SENATE BILL 2175
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| AMENDMENT NO. ______. Amend Senate Bill 2175 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by changing | 5 |
| Section 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 with a population of 3,000,000 or less may | 9 |
| provide Internet access to public records maintained
in | 10 |
| electronic form. This access shall be provided at no charge to | 11 |
| the public.
Any
such county that provides public Internet | 12 |
| access to records maintained in electronic
form may also enter | 13 |
| into a contractual arrangement for the dissemination of the
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| same electronic data in bulk or compiled form.
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| (a-5) Any county with a population exceeding 3,000,000 must | 16 |
| provide Internet access to public records maintained in |
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| electronic form. This access
shall be provided at no charge to | 2 |
| the public. Any such county with a population exceeding | 3 |
| 3,000,000 must also offer to enter into a contractual | 4 |
| arrangement for the dissemination of the same electronic data | 5 |
| in bulk or compiled form. | 6 |
| (b) For the purposes of this Section, "electronic data in | 7 |
| bulk form" is
defined as all, or a significant subset, of any | 8 |
| records to which the public has
free
Internet access, as is and | 9 |
| without modification or compilation ; in counties with a | 10 |
| population of more than 3,000,000, "electronic data in bulk | 11 |
| form" excludes all non-automated search requests of 2,000 | 12 |
| records or less from the same Internet Protocol (IP) address in | 13 |
| any consecutive 24 hour period ; and "electronic
data in | 14 |
| compiled form" is defined as any records to which the public | 15 |
| has free
Internet access but that has been specifically | 16 |
| selected, aggregated, or
manipulated and is not maintained or | 17 |
| used in the county's regular course of
business.
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| (c) If, but only if, a county provides free Internet access | 19 |
| to public
records
maintained in electronic form, the county may | 20 |
| charge a fee for the
dissemination
of the electronic data in | 21 |
| bulk or compiled form, but the fee may not exceed
110%
of the | 22 |
| actual cost, if any, of providing the electronic data in bulk | 23 |
| or
compiled form.
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| The fee must be paid to the county treasurer and deposited | 25 |
| into a fund
designated as the County Automation Fund; except | 26 |
| 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 | 2 |
| Automation Fund.
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| (d) The county must make available for public inspection | 4 |
| and copying an
itemization of the actual cost, if any, of | 5 |
| providing electronic data in bulk or
compiled form, including | 6 |
| any and all supporting
documents.
The county is prohibited from | 7 |
| granting to any person or entity, whether by
contract, license, | 8 |
| 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 | 11 |
| on the effective date of this amendatory Act of the 95th | 12 |
| General Assembly, if any county officer makes public records or | 13 |
| form documents available over the Internet, those records and | 14 |
| documents must be available to the user free of charge. A home | 15 |
| rule unit may not regulate the availability of public documents | 16 |
| in a manner that is inconsistent with this Section. This is a | 17 |
| denial and limitation of home rule powers and
functions under | 18 |
| subsection (h) of Section 6 of Article VII of the Illinois
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| Constitution. | 20 |
| (Source: P.A. 93-362, eff. 7-24-03.)".
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| Section 10. The State Mandates Act is amended by adding | 22 |
| Section 8.32 as follows: | 23 |
| (30 ILCS 805/8.32 new)
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| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act,
no
reimbursement by the State is required for the | 2 |
| implementation of any mandate
created by this amendatory Act of | 3 |
| the 95th General Assembly. ".
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