HB4985 96TH GENERAL ASSEMBLY

LRB096 19614 RCE 35008 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 use of our natural resources and to look for ways to implement efficiencies. To that end, this Act supersedes and supplants all statutes that require production and retention of paper documents. 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 will ultimately save the State money by reducing costs associated with storage of paper documents.

Section 10. Definitions.

"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 that posting.

"Government agency" means all agencies, departments, offices, 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 under 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) An electronic record 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 so doing 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, reports, and other paper documents for submission or filing, except as otherwise provided by law.

(d) Any government agency that uses electronic records shall allow any person or entity that uses the agency's services to obtain access to those records as permitted by the 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 statutory requirement to the contrary, all government agencies are encouraged to employ electronic means of transferring records when appropriate. Electronic transfer of records includes transmission by e-mail account and posting on an Internet website and allowing for download. In accordance with rules adopted by the Secretary of State, government agencies are required to send by electronic transmission any document, report, or record that State law would otherwise require to be placed in the U.S. mail, sent by certified mail, or otherwise delivered. Those electronic records are protected as required by the Electronic Commerce Security Act (5 ILCS 175/).

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

Section 30. Documents included.

(a) This Act applies to all records produced in relation to any government agency activity or transaction, including, but not limited to, any record created, generated, sent, published, communicated, received, or stored by a government agency.

(b) This Act does not apply to any record or document specifically exempted from the scope of this Act by the State Records Commission.

Section 35. Application. This Act supersedes and supplants any State law requiring a government agency to transfer a record by mail or to retain a hard copy record. This Act does not affect any State law that requires publication of information in newspapers of general circulation.

Section 40. Opt-out for documents. Before January 1, 2012, each government agency shall publish on its Internet website a full list of all documents that are now available for electronic dissemination. The government agency shall also publish documentation showing its electronic record retention system, in conformity with the State Records Act (5 ILCS 160/). Government agencies shall further identify which statutory requirements will continue to remain in effect.

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

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

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

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

Such program:

(1) shall provide for effective controls over the creation, maintenance, and use of records in the conduct of current business and shall ensure that agency electronic records, as specified in Section 5-135 of the Electronic Commerce Security Act, are retained in a trustworthy manner so that the records, and the information contained in the records, are accessible and usable for reference for the duration of the retention period; all computer tape or disk maintenance and preservation procedures must be fully applied and, if equipment or programs providing access to the records are updated or replaced, the existing data must remain accessible in the successor format for the duration of the approved retention period;

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

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

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

(5 ILCS 160/22d new)

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

Section 99. Effective date. This Act takes effect July 1, 2011.