Public Act 096-1363
 
SB2630 EnrolledLRB096 18379 RCE 33756 b


  
    AN ACT concerning electronic records.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 1. Short title. This Act may be cited as the 
Government Electronic Records Act.
 
    Section 5. Policy.  It is the policy of the State of 
Illinois to support efforts to reduce government's use of our 
natural resources and to look for ways to implement 
efficiencies.  Government agencies should look for ways to 
employ practices that allow for either or both of the 
following: (1) electronic storage of documents and (2) 
electronic transfer of documents.  These environmentally 
friendly practices will  reduce the State's reliance on paper 
and may ultimately save the State money.
 
    Section 10. Definitions. 
    "Board" means the Electronic Records Advisory Board.
    "Electronic transfer" means transfer of documents or 
reports by electronic means.  Appropriate electronic transfer 
includes, but is not limited to, transfer by electronic mail, 
facsimile transmission, or posting downloadable versions on an 
Internet website, with electronic notice of the posting.
    "Government 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.
    "Record" has the meaning ascribed to it in the Illinois 
State Records Act (5 ILCS 160/).
 
    Section 15. Electronic records. 
    (a) A record created in an electronic format is considered 
the same as and has the same force and effect as those records 
not produced by electronic means.
    (b) Nothing in this Act requires any government agency or 
person to use an electronic record or an electronic signature 
if doing so could jeopardize the efficient operation of State 
government.
    (c) Notwithstanding the requirements of this Act, 
government agencies that obtain, store, or use electronic 
records shall not refuse to accept hard copy, non-electronic 
forms and  reports, and other paper documents for submission or 
filing, except as otherwise provided by law or administrative 
rule.
    (d) Any government agency that uses electronic records 
shall allow any person or entity to have access to copies of 
those records as permitted by the Illinois Freedom of 
Information Act (5 ILCS 140/) or other applicable law, in paper 
form in accordance with the fees prescribed by statute.
 
    Section 20. Electronic transfer of records.  
Notwithstanding any law to the contrary, all government 
agencies are encouraged to employ electronic means of 
transferring records when appropriate. Government agencies may 
send by electronic transmission any document, report, or record 
that State law would otherwise require to be placed in the U.S. 
mail.  Those electronic records shall be protected as required 
by the Electronic Commerce Security Act (5 ILCS 175/).
 
    Section 25. Electronic retention of documents.  All 
government agencies are encouraged to employ electronic means 
of creating and retaining State records. Electronic retention 
of records shall be in accordance with the State Records Act (5 
ILCS 160/) and with administrative rules. 
 
    Section 30. Electronic Records Advisory Board. 
    (a) To assist government agencies in developing and 
implementing electronic means of creating and retaining 
electronic records, the Electronic Records Advisory Board is 
created.  The Board's purpose is to make a formal recommendation 
related to the use and retention of electronic records. The 
Board shall consist of 10 members as follows:
        (1) the Treasurer or his or her designee.
        (2) the Secretary of State or his or her designee.
        (3) the Governor or his or her designee.
        (4) the Attorney General or his or her designee.
        (5) the Comptroller or his or her designee.
        (6) the Director of Central Management Services or his 
    or her designee.
        (7) the University of Illinois President or his or her 
    designee.
        (8) the Department of Central Management Services' 
    Director of the Bureau of Communication and Computer 
    Services or his or her designee.
        (9) the Director of the Illinois State Archives or his 
    or her designee.
        (10) the Secretary of Transportation or his or her 
    designee.
    (b) Once convened, the Board shall select a chairperson 
from its membership.  Board members who are not State employees 
shall receive no compensation for their services.  A quorum of 
the Board shall meet no less than 4 times, and the first 
meeting shall take place no less than 60 days after the 
effective date of this Act.  The meetings are subject to the 
requirements of the Open Meetings Act (5 ILCS 120/). The 
Treasurer's office shall provide administrative support for 
the creation, dissemination, retention, and disposition of 
Board meeting agendas, minutes, and supporting materials.
    (c) By July 1, 2011, the Electronic Records Advisory Board 
shall produce a report recommending policies, guidelines, and 
best practices on specific electronic records management 
issues including, but not limited to, the following:
        (1)        long-term maintenance of electronic records;
        (2)        management of electronic files in a networked 
    environment;
        (3)        recordkeeping issues in information system 
    development; 
        (4)        log file management;
        (5)        management and preservation of web-based records; 
    and
        (6)      retention periods for electronic records.
    The Board shall submit its policies, guidelines, and best 
practices recommendations to the Secretary of State and the 
State Records Commission.  Within 45 days after the date of this 
report, the Secretary of State shall post the Board's 
recommendations on the Secretary's Internet website and 
distribute those recommendations to all government agencies.  
Upon the posting of the Board's recommendations, the Board's 
purpose is considered fulfilled, and the Board is thereupon 
dissolved.
 
    Section 35. Application. This Act is intended to allow 
government agencies to transfer a record by e-mail, or retain 
an electronic copy, unless it conflicts with the State Records 
Act or its administrative rules, notwithstanding any law to the 
contrary.  When adopting these electronic practices, government 
agencies shall consider the constituent's access to electronic 
technology. This Act does not change any State law that 
requires publication of information in newspapers of general 
circulation.
 
    Section 40. Implementation. Within 6 months after the 
Secretary of State's posting of the Board's policies, 
guidelines, and best practices recommendations, as provided 
for in Section 30 of this Act, all State agencies shall review 
those recommendations and take all possible steps consistent 
with those recommendations to enhance the use of electronic 
means of creating, transmitting, and retaining State records.  
Each government agency is required by this Act to post a link 
to this Act on its Internet website.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.