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Rep. Peter Breen
Filed: 3/6/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2385
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2385 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title. This Act may be cited as the Local |
| 5 | | Government Email Act.
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| 6 | | Section 5. Public policy.
It is the public policy of the |
| 7 | | State that all emails that are in connection with the |
| 8 | | transaction of public business sent or received by a unit of |
| 9 | | local government or school district or an employee, staff |
| 10 | | member, contractor, trustee, board member, elected official, |
| 11 | | or officer of a unit of local government or school district are |
| 12 | | public records regardless of whether the email is sent or |
| 13 | | received on a personal or unit-provided and controlled or |
| 14 | | district-provided and controlled email address.
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| 15 | | Section 10. Emails. |
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| 1 | | (a) If a unit of local government or school district |
| 2 | | provides an email address under its control to one or more of |
| 3 | | its staff members, employees, contractors, trustees, board |
| 4 | | members, elected officials, or officers it shall provide an |
| 5 | | email address under its control for all staff members, |
| 6 | | employees, contractors, trustees, board members, elected |
| 7 | | officials, and officers of that unit of local government or |
| 8 | | school district.
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| 9 | | (b) If a unit of local government or school district |
| 10 | | provides an email address under its control to staff members, |
| 11 | | employees, contractors, trustees, board members, elected |
| 12 | | officials, or officers, the staff members, employees, |
| 13 | | contractors, trustees, board members, elected officials, and |
| 14 | | officers shall use the unit-provided and controlled or |
| 15 | | district-provided and controlled email for all communications |
| 16 | | in connection with the transaction of public business.
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| 17 | | (c) If a staff member, employee, contractor, trustee, board |
| 18 | | member, elected official, or officer of a unit of local |
| 19 | | government or school district has a unit-provided and |
| 20 | | controlled or district-provided and controlled email address, |
| 21 | | the staff member, employee, contractor, trustee, board member, |
| 22 | | elected official, or officer shall promptly forward any email |
| 23 | | sent or received on his or her personal email address to his or |
| 24 | | her unit-provided and controlled or district-provided and |
| 25 | | controlled email if the email is in connection with the |
| 26 | | transaction of public business. If the staff member, employee, |
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| 1 | | contractor, trustee, board member, elected official, or |
| 2 | | officer does not have a unit-provided and controlled or |
| 3 | | district-provided and controlled email address and receives an |
| 4 | | email on his or her personal email address that is in |
| 5 | | connection with the transaction of public business and that was |
| 6 | | not received from or carbon copied to another unit-provided and |
| 7 | | controlled or district-provided and controlled email address, |
| 8 | | the staff member, employee, contractor, trustee, board member, |
| 9 | | elected official, or officer shall promptly provide a copy of |
| 10 | | the email to his or her unit of local government or school |
| 11 | | district.
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| 12 | | Section 97. Applicability. The requirements of this Act |
| 13 | | apply prospectively.".
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