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| Public Act 099-0147 | ||||
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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 State Records Act is amended by changing | ||||
Section 2 as follows:
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(5 ILCS 160/2) (from Ch. 116, par. 43.5)
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Sec. 2. For the purposes of this Act:
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"Secretary" means Secretary of State.
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"Record" or "records" means all books, papers, | ||||
born-digital electronic material, digitized electronic
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material, electronic material with a combination of digitized | ||||
and born-digital material, maps, photographs, databases, or
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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 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
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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
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Medical Practice Act of 1987 are not included within the | ||
definition of
records as used in this Act.
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"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.
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"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.
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"Commission" means the State Records Commission.
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"Archivist" means the Secretary of State.
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(Source: P.A. 92-866, eff. 1-3-03.)
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Section 10. The Local Records Act is amended by changing | ||
Sections 3, 7, and 12 as follows:
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(50 ILCS 205/3) (from Ch. 116, par. 43.103)
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Sec. 3.
Except where the context indicates otherwise, the | ||
terms used in
this Act are defined as follows:
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"Agency" means any court, and all parts, boards, | ||
departments, bureaus
and commissions of any county, municipal | ||
corporation or political
subdivision.
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"Archivist" means the Secretary of State.
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"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.
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"Court" means a court, other than the Supreme Court.
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"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.
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"Public record" means 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
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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
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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.
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(Source: P.A. 97-100, eff. 7-14-11.)
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(50 ILCS 205/7) (from Ch. 116, par. 43.107)
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Sec. 7. Disposition rules. Except as otherwise provided by | ||
law, no
public record shall be
disposed of by any officer or | ||
agency unless the written approval of the
appropriate Local | ||
Records Commission is first obtained.
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The Commission shall issue regulations which shall be | ||
binding on all
such officers. Such regulations shall establish | ||
procedures for compiling
and submitting to the Commission lists | ||
and schedules of public records
proposed for disposal; | ||
procedures for the physical destruction or other
disposition of | ||
such public records; procedures for the management and | ||
preservation of electronically generated and maintained | ||
records; and standards for the reproduction of
such public | ||
records by photography, microphotographic processes,
or | ||
digitized electronic format.
Such
standards shall relate to the | ||
quality of the film to be used, preparation
of the public | ||
records for filming or electronic conversion, proper
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identification matter on such
records so that an individual | ||
document or series of documents can be
located on the film or | ||
digitized electronic form with reasonable facility,
and that | ||
the copies contain
all significant record detail, to the end | ||
that the copies will be adequate.
Any public record may be | ||
reproduced in a microfilm or digitized
electronic format. The | ||
agency may dispose of the original of any
reproduced record
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providing: (i) the reproduction process forms a durable medium | ||
that accurately
and legibly reproduces the original record in
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all details, that does not permit additions, deletions, or | ||
changes
to the
original document images, and, if electronic, | ||
that
are
retained in a trustworthy manner so that the records, | ||
and the information
contained in the
records, are accessible | ||
and usable for subsequent reference at all times while
the
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information must be retained,
(ii) the reproduction is retained | ||
for the prescribed
retention period, and (iii) the Commission | ||
is notified when the original
record is disposed of and also | ||
when the reproduced record is
disposed of.
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Such regulations shall also provide that the State | ||
archivist may retain
any records which the Commission has | ||
authorized to be destroyed, where they
have a historical value, | ||
and that the State archivist may deposit them in
the State | ||
Archives, State Historical Library, or a
university library, or | ||
with a historical society,
museum, or library.
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(Source: P.A. 90-701, eff. 1-1-99; 91-886, eff. 1-1-01.)
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(50 ILCS 205/12) (from Ch. 116, par. 43.112)
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Sec. 12.
Both Commissions shall with the assistance of the | ||
Secretary of
State and State Archivist determine what records | ||
are essential for
emergency government operation through | ||
consultation with all branches of
government, state agencies, | ||
and with the Illinois Emergency Management Agency State | ||
Civilian Defense agency, to
determine what records are | ||
essential for post-emergency government
operation and provide | ||
for their protection and preservation and provide for
the | ||
security storage or relocation of essential local records in | ||
the event
of an emergency arising from enemy attack or natural | ||
disaster.
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(Source: Laws 1961, p. 3503.)
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(50 ILCS 210/Act rep.)
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Section 15. The Filmed Records Certification Act is | ||
repealed.
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(50 ILCS 215/Act rep.)
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Section 20. The Filmed Records Destruction Act is repealed.
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