HB3329 100TH GENERAL ASSEMBLY

LRB100 10922 RJF 21159 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3329

Introduced , by Rep. Jeanne M Ives

SYNOPSIS AS INTRODUCED:

5 ILCS 160/2	from Ch. 116, par. 43.5
5 ILCS 160/3	from Ch. 116, par. 43.6
5 ILCS 160/3.3 new
50 ILCS 205/3	from Ch. 116, par. 43.103
50 ILCS 205/3c new
50 ILCS 205/4	from Ch. 116, par. 43.104

Amends the State Records Act. Provides that all records under the Act, including legal records and emails, shall be retained for a minimum of 7 years. Provides that every public employee, State and local, shall receive record retention training to comply with the Act. Modifies the term "record" or "records" to include any medium that stores or transmits information generated or used by a public body. Amends the Local Records Act to make similar changes.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Records Act is amended by changing Sections 2 and 3 and by adding Section 3.3 as follows:

(5 ILCS 160/2) (from Ch. 116, par. 43.5)

Sec. 2. For the purposes of this Act:

"Secretary" means Secretary of State.

"Record" or "records" means any medium that stores or transmits information generated or used by the public body, as defined in Section 2 of the Freedom of Information Act. This shall include, but not be limited to, all books, papers, born-digital electronic material, digitized electronic material, electronic material with a combination of digitized and born-digital material, maps, photographs, databases, or other official documentary materials, regardless of physical form or characteristics, made, produced, executed, or received by any agency in the State in pursuance of State state law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its successor as evidence of the organization, function, policies, decisions, procedures, operations, or other activities of the State or of the State Government, or because of the informational data contained therein. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of blank forms are not included within the definition of records as used in this Act. Reports of impaired physicians under Section 16.04 of the Medical Practice Act or Section 23 of the Medical Practice Act of 1987 are not included within the definition of records as used in this Act.

"Born-digital electronic material" means electronic material created in digital form rather than converted from print or analog form to digital form.

"Digitized electronic material" means electronic material converted from print or analog form to digital form.

"Agency" means all parts, boards, and commissions of the executive branch of the State government, including, but not limited to, State colleges and universities and their governing boards and all departments established by the "Civil Administrative Code of Illinois," as heretofore or hereafter amended.

"Public Officer" or "public officers" means all officers of the executive branch of the State government, all officers created by the "Civil Administrative Code of Illinois," as heretofore or hereafter amended, and all other officers and heads, presidents, or chairmen of boards, commissions, and agencies of the State government.

"Commission" means the State Records Commission.

"Archivist" means the Secretary of State.

(Source: P.A. 99-147, eff. 1-1-16; revised 9-16-16.)

(5 ILCS 160/3) (from Ch. 116, par. 43.6)

Sec. 3. Records as property of State.

(a) All records created or received by or under the authority of or coming into the custody, control, or possession of public officials of this State in the course of their public duties are the property of the State. All records, including legal records and emails, shall be retained for a minimum of 7 years. These records may not be mutilated, destroyed, transferred, removed, or otherwise damaged or disposed of, in whole or in part, except as provided by law. Any person shall have the right of access to any public records, unless access to the records is otherwise limited or prohibited by law. This subsection (a) does not apply to records that are subject to expungement under subsections (1.5) and (1.6) of Section 5-915 of the Juvenile Court Act of 1987.

(b) Reports and records of the obligation, receipt and use of public funds of the State are public records available for inspection by the public, except as access to such records is otherwise limited or prohibited by law or pursuant to law. These records shall be kept at the official place of business of the State or at a designated place of business of the State. These records shall be available for public inspection during regular office hours except when in immediate use by persons exercising official duties which require the use of those records. Nothing in this section shall require the State to invade or assist in the invasion of any person's right to privacy. Nothing in this Section shall be construed to limit any right given by statute or rule of law with respect to the inspection of other types of records.

Warrants and vouchers in the keeping of the State Comptroller may be destroyed by him as authorized in "An Act in relation to the reproduction and destruction of records kept by the Comptroller", approved August 1, 1949, as now or hereafter amended after obtaining the approval of the State Records Commission.

(Source: P.A. 98-637, eff. 1-1-15.)

(5 ILCS 160/3.3 new)

Sec. 3.3. Record retention training. Every public employee, State and local, shall receive record retention training to comply with this Act. There shall be no exceptions to any provisions in regards to training requirements.

Section 10. The Local Records Act is amended by changing Sections 3 and 4 and by adding Section 3c as follows:

(50 ILCS 205/3) (from Ch. 116, par. 43.103)

Sec. 3. Except where the context indicates otherwise, the terms used in this Act are defined as follows:

"Agency" means any court, and all parts, boards, departments, bureaus and commissions of any county, municipal corporation or political subdivision.

"Archivist" means the Secretary of State.

"Born-digital electronic material" means electronic material created in digital form rather than converted from print or analog form to digital form.

"Commission" means a Local Records Commission.

"Court" means a court, other than the Supreme Court.

"Digitized electronic material" means electronic material converted from print or analog form to digital form.

"Officer" means any elected or appointed official of a court, county, municipal corporation or political subdivision.

"Public record" means any medium that stores or transmits information generated or used by the public body, as defined in Section 2 of the Freedom of Information Act. This shall include, but not be limited to, any book, paper, map, photograph, born-digital electronic material, digitized electronic material, electronic material with a combination of digitized and born-digital material, or other official documentary material, regardless of physical form or characteristics, made, produced, executed or received by any agency or officer pursuant to law or in connection with the transaction of public business and preserved or appropriate for preservation by such agency or officer, or any successor thereof, as evidence of the organization, function, policies, decisions, procedures, or other activities thereof, or because of the informational data contained therein. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of public record. Paper copies of registration records, as defined in Section 1 of the Library Records Confidentiality Act (75 ILCS 70/1), shall not be considered public records once the information contained in the paper registration records is transferred into a secure electronic format and checked for accuracy.

(Source: P.A. 99-147, eff. 1-1-16.)

(50 ILCS 205/3c new)

Sec. 3c. Record retention training. Every public employee of a local agency under this Act shall receive record retention training to comply with this Act. There shall be no exceptions to any provisions in regards to training requirements.

(50 ILCS 205/4) (from Ch. 116, par. 43.104)

Sec. 4. (a) Except as otherwise provided in subsection (b) of this Section, all public records made or received by, or under the authority of, or coming into the custody, control or possession of any officer or agency, including legal records and emails, shall be retained for a minimum of 7 years, and shall not be mutilated, destroyed, transferred, removed or otherwise damaged or disposed of, in whole or in part, except as provided by law. Any person who knowingly, without lawful authority and with the intent to defraud any party, public officer, or entity, alters, destroys, defaces, removes, or conceals any public record commits a Class 4 felony.

Court records filed with the clerks of the Circuit Court shall be destroyed in accordance with the Supreme Court's General Administrative Order on Recordkeeping in the Circuit Courts. The clerks of the Circuit Courts shall notify the Supreme Court, in writing, specifying case records or other documents which they intend to destroy. The Supreme Court shall review the schedule of items to be destroyed and notify the appropriate Local Records Commission of the Court's intent to destroy such records. The Local Records Commission, within 90 days after receipt of the Supreme Court's notice, may undertake to photograph, microphotograph, or digitize electronically any or all such records and documents, or, in the alternative, may transport such original records to the State Archives or other storage location under its supervision.

The Archivist may accept for deposit in the State Archives or regional depositories official papers, drawings, maps, writings and records of every description of counties, municipal corporations, political subdivisions and courts of this State, when such materials are deemed by the Archivist to have sufficient historical or other value to warrant their continued preservation by the State of Illinois.

The officer or clerk depositing such records may, upon request, obtain from the Archivist, without charge, a certified copy or reproduction of any specific record, paper or document when such record, paper or document is required for public use.

(b) Upon request from a chief of police, county sheriff, or State's Attorney, if a person has been arrested for a criminal offense and an investigation reveals that the person arrested was not in fact the individual the arresting officer believed him or her to be, the law enforcement agency whose officers made the arrest shall delete or retract the arrest records of that person whom the investigation revealed as not the individual the arresting officer believed him or her to be. In this subsection (b):

"Arrest records" are as described in Section 3b of this Act.

"Law enforcement agency" means an agency of a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances.

(Source: P.A. 98-1063, eff. 1-1-15; 99-363, eff. 1-1-16.)