96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4985


 
Introduced 1/21/2010, by Rep. Thomas Holbrook
 
SYNOPSIS AS INTRODUCED:
 		





 


  




New Act





5 ILCS 160/9
  from Ch. 116, par. 43.12



5 ILCS 160/22d new











     Creates the Government Electronic Records Act. Authorizes and requires the use of electronic records in the executive branch, rather than hard copy, if appropriate. Sets forth exceptions and opt-out provisions. Requires the adoption of rules. Amends the State Records Act concerning retention of electronic records.   Effective July 1, 2011.
  















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB4985

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    AN ACT concerning electronic records.
  
 
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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 1. Short title. This Act may be cited as the 
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Government Electronic Records Act.
 
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    Section 5. Policy. It is the policy of the State of 
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Illinois to support efforts to reduce government use of our 
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natural resources and to look for ways to implement 
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efficiencies.  To that end, this Act supersedes and supplants 
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all statutes that require production and retention of paper 
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documents.  Government agencies should look for ways to employ 
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practices that allow for either or both of the following: (1) 
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electronic storage of documents and (2) electronic transfer of 
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documents.  These environmentally-friendly practices will 
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reduce the State's reliance on paper and will ultimately save 
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the State money by reducing costs associated with storage of 
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paper documents.
 
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    Section 10. Definitions.
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    "Electronic transfer" means transfer of documents or 
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reports by electronic means.  Appropriate electronic transfer 
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includes, but is not limited to, transfer by electronic mail, 
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facsimile transmission, or posting downloadable versions on an 
 


 






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Internet website, with electronic notice of that posting.

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    "Government agency" means all agencies, departments, 
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offices, parts, boards, and commissions of the executive branch 
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of the State government, including but not limited to, State 
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colleges and universities and their governing boards and all 
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departments established under the  Civil Administrative Code of 
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Illinois.
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    "Record" has the meaning ascribed to it in the Illinois 
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State Records Act (5 ILCS 160/).
 
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    Section 15. Electronic records.
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    (a) An electronic record is considered the same as and has 
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the same force and effect as those records not produced by 
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electronic means.
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    (b) Nothing in this Act requires any government agency or 
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person to use an electronic record or an electronic signature 
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if so doing could jeopardize the efficient operation of State 
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government.
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    (c) Notwithstanding the requirements of this Act, 
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government agencies that obtain, store, or use electronic 
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records shall not refuse to accept hard copy, non-electronic 
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forms, reports, and other paper documents for submission or 
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filing, except as otherwise provided by law.
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    (d) Any government agency that uses electronic records 
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shall allow any person or entity that uses the agency's 
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services to obtain access to those records as permitted by the 
 


 






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Freedom of Information Act (5 ILCS 140/) or other applicable 
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law in paper form in accordance with the fees prescribed by 
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statute.
 
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    Section 20. Electronic transfer of records. 
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Notwithstanding any statutory requirement to the contrary, all 
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government agencies are encouraged to employ electronic means 
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of transferring records when appropriate.  Electronic transfer 
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of records includes transmission by e-mail account and posting 
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on an Internet website and allowing for download.  In accordance 
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with rules adopted by the Secretary of State, government 
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agencies are required to send by electronic transmission any 
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document, report, or record that State law would otherwise 
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require to be placed in the U.S. mail, sent by certified mail, 
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or otherwise delivered.  Those electronic records are protected 
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as required by the Electronic Commerce Security Act (5 ILCS 
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175/).

 
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    Section 25. Electronic retention of documents. 
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Notwithstanding any statutory requirement to the contrary, all 
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government agencies are encouraged to employ electronic means 
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of retaining State records, all in accordance with the State 
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Records Act (5 ILCS 160/).
 
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    Section 30. Documents included.
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    (a) This Act applies to all records produced in relation to 
 


 






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any government agency activity or transaction, including, but 
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not limited to, any record created, generated, sent, published, 
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communicated, received, or stored by a government agency.

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    (b) This Act does not apply to any record or document 
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specifically exempted from the scope of this Act by the State 
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Records Commission.
 
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    Section 35. Application. This Act supersedes and supplants 
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any State law requiring a government agency to transfer a 
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record by mail or to retain a hard copy record.  This Act does 
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not affect any State law that requires publication of 
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information in newspapers of general circulation.
 
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    Section 40. Opt-out for documents. Before January 1, 2012, 
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each government agency shall publish on its Internet website a 
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full list of all documents that are now available for 
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electronic dissemination.  The government agency shall also 
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publish documentation showing its electronic record retention 
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system, in conformity with the State Records Act (5 ILCS 160/).  
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Government agencies shall further identify which statutory  
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requirements will continue to remain in effect.

 
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    Section 45. Rulemaking. Within 6 months after the effective 
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date of this Act, the Secretary of State shall promulgate rules 
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to implement and administer this Act.
 
 


 






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    Section 90. The State Records Act is amended  by changing 
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Section 9 and  by adding Section 22d as follows:
 



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    (5 ILCS 160/9)  (from Ch. 116, par. 43.12)



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    Sec. 9. 
The head of each agency shall establish, and 
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maintain an active,
continuing program for the economical and 
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efficient management of the
records of the agency. Before 
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January 1, 2012, each agency head shall develop a plan for 
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retaining records produced as of that date and thereafter in 
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electronic format.  The plan must be in conformity with the 
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requirements developed by the State Archives Advisory Board 
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before July 1, 2012, pursuant to Section 22d of this Act.  The 
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plan shall be called the Electronic Retention of State Records 
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Plan and shall be posted on the agency's Internet website.  Each 
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agency head shall retain the discretion to exempt from 
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electronic storage any record that the agency head concludes is 
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better suited to retention in paper format. 

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    Such program:

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    (1) shall provide for effective controls over the creation, 
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maintenance,
and use of records in the conduct of current 
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business and shall ensure that
agency electronic records, as 
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specified in Section 5-135 of the Electronic
Commerce Security 
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Act, are retained in a trustworthy manner so that the
records, 
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and the information contained in the records, are accessible 
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and
usable for reference
for the duration of the retention 
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period; all computer tape or disk maintenance
and preservation 
 


 






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procedures
must be fully applied and, if equipment or programs 
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providing access to the
records are updated or replaced, the 
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existing data must remain accessible in
the successor format 
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for the duration of the approved retention period;

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    (2) shall provide for cooperation with the Secretary in 
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appointing a
records officer and in applying
standards, 
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procedures, and techniques to improve the management of 
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records,
promote the maintenance and security of records deemed 
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appropriate for
preservation, and facilitate the segregation 
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and disposal of records of
temporary value; and

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    (3) shall provide for compliance with the provisions of 
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this Act and the
rules and regulations issued thereunder.

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(Source: P.A. 92-866, eff. 1-3-03.)

 
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    (5 ILCS 160/22d new)
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    Sec. 22d. Rules for electronic records. Before January 1, 
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2012, the State Archives Advisory Board shall meet and 
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promulgate rules for the safe retention of State records in an 
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electronic format.  Those rules shall be posted on the Internet 
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website of the Secretary of State and shall be distributed to 
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all government agencies, as that term is defined in the 
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Government Electronic Records Act.  Those rules must advise 
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government agencies on the safest manner of electronic 
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retention and provide alternatives for appropriate electronic 
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record retention.    Electronic records retention plans should 
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allow for the creation of electronic records currently and in 
 


 






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the future and for converting past records of an agency into an 
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electronic format.
 
 
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    Section 99. Effective date. This Act takes effect July 1, 
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2011.