100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2385

 

Introduced , by Rep. Peter Breen

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 205/17 new

    Amends the Local Records Act. Provides that all emails that are in connection with the transaction of public business sent or received by an agency, an employee, staff member, or contractor of an agency, or an officer of an agency are public records regardless if the emails are sent or received on a personal or agency-provided email address. Requires an agency that provides an email address to one or more of its staff members, employees, or contractors to provide an email address for all officers of the agency. Provides that staff members, employees, contractors, and officers shall use agency-provided email for all communications in connection with the transaction of public business. Provides that staff members, employees, contractors, and officers shall promptly forward, print, or otherwise provide any email sent or received on his or her personal email address to his or her agency if the email is in connection with the transaction of public business. Effective immediately.


LRB100 08086 AWJ 18172 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2385LRB100 08086 AWJ 18172 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Local Records Act is amended by adding
5Section 17 as follows:
 
6    (50 ILCS 205/17 new)
7    Sec. 17. Email.
8    (a) All emails that are in connection with the transaction
9of public business sent or received by an agency, an employee,
10staff member, or contractor of an agency, or an officer of an
11agency are public records regardless of whether the email is
12sent or received on a personal or agency-provided email
13address.
14    (b) If an agency provides an email address to one or more
15of its staff members, employees, or contractors, it shall
16provide an email address for all officers of that agency.
17    (c) If an agency provides an email address to staff
18members, employees, contractors, or officers, the staff
19members, employees, contractors, and officers shall use the
20agency-provided email for all communications in connection
21with the transaction of public business.
22    (d) If a staff member, employee, contractor, or officer has
23an agency-provided email address, the staff member, employee,

 

 

HB2385- 2 -LRB100 08086 AWJ 18172 b

1contractor, or officer shall promptly forward any email sent or
2received on his or her personal email address to his or her
3agency-provided email if the email is in connection with the
4transaction of public business. If the staff member, employee,
5contractor, or officer does not have an agency-provided email
6address and receives an email on his or her personal email
7address that is in connection with the transaction of public
8business, the staff member, employee, contractor, or officer
9shall promptly print out or otherwise provide a copy of the
10email to his or her agency.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.