State Government Administration Committee
Filed: 3/10/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4985




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    AMENDMENT NO. ______. Amend House Bill 4985 by replacing 
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everything after the enacting clause with the following:

 
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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's use of our 
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natural resources and to look for ways to implement 
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efficiencies.  Government agencies should look for ways to 
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employ practices that allow for either or both of the 
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following: (1) electronic storage of documents and (2) 
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electronic transfer of documents.  These 
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environmentally-friendly practices will  reduce the State's 
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reliance on paper and may ultimately save the State money.
 
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    Section 10. Definitions. 
 


 






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    "Board" means the Electronic Records Advisory Board.
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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 the posting.
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    "Government agency" means all parts, boards, and 
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commissions of the executive branch of the State government 
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including, but not limited to, State colleges and universities 
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and their governing boards and all departments established by 
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the Civil Administrative Code of 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) A record created in an electronic format is considered 
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the same as and has the same force and effect as those records 
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not produced by 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 doing so 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 and  reports, and other paper documents for submission or 
 


 






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filing, except as otherwise provided by law or administrative 
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rule.
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    (d) Any government agency that uses electronic records 
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shall allow any person or entity to have access to copies of 
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those records as permitted by the Illinois Freedom of 
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Information Act (5 ILCS 140/) or other applicable law, in paper 
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form in accordance with the fees prescribed by statute.
 
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    Section 20. Electronic transfer of records.  
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Notwithstanding any law to the contrary, all government 
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agencies are encouraged to employ electronic means of 
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transferring records when appropriate. Government agencies may 
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send by electronic transmission any document, report, or record 
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that State law would otherwise require to be placed in the U.S. 
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mail.  Those electronic records shall be protected as required 
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by the Electronic Commerce Security Act (5 ILCS 175/).
 
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    Section 25. Electronic retention of documents.  All 
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government agencies are encouraged to employ electronic means 
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of creating and retaining State records. Electronic retention 
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of records shall be in accordance with the State Records Act (5 
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ILCS 160/) and with administrative rules. 
 
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    Section 30. Electronic Records Advisory Board. 
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    (a) To assist government agencies in developing and 
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implementing electronic means of creating and retaining 
 


 






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electronic records, the Electronic Records Advisory Board is 
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created.  The Board's purpose is to make a formal recommendation 
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related to the use and retention of electronic records. The 
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Board shall consist of 9 members as follows:
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        (1) the Treasurer or his or her designee.
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        (2) the Secretary of State or his or her designee.
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        (3) the Governor or his or her designee.
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        (4) the Attorney General or his or her designee.
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        (5) the Comptroller or his or her designee.
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        (6) the Director of Central Management Services or his 
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    or her designee.
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        (7) the University of Illinois President or his or her 
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    designee.
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        (8) the Department of Central Management Services' 
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    Director of the Bureau of Communication and Computer 
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    Services or his or her designee.
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        (9) the Director of the Illinois State Archives or his 
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    or her designee.
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    (b) Once convened, the Board shall select a chairperson 
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from its membership.  Board members who are not State employees 
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shall receive no compensation for their services.  A quorum of 
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the Board shall meet no less than 4 times, and the first 
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meeting shall take place no less than 60 days after the 
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effective date of this Act.  The meetings are subject to the 
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requirements of the Open Meetings Act (5 ILCS 120/). The 
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Treasurer's office shall provide administrative support for 
 


 






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the creation, dissemination, retention, and disposition of 
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Board meeting agendas, minutes, and supporting materials.
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    (c) By July 1, 2011, the Electronic Records Advisory Board 
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shall produce a report recommending policies, guidelines, and 
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best practices on specific electronic records management 
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issues including, but not limited to, the following:
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        (1)        long-term maintenance of electronic records;
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        (2)        management of electronic files in a networked 
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    environment;
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        (3)        recordkeeping issues in information system 
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    development; 
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        (4)        log file management;
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        (5)        management and preservation of web-based records; 
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    and
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        (6)      retention periods for electronic records.
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    The Board shall submit its policies, guidelines, and best 
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practices recommendations to the Secretary of State and the 
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State Records Commission.  Within 45 days after the date of this 
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report, the Secretary of State shall post the Board's 
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recommendations on the Secretary's Internet website and 
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distribute those recommendations to all government agencies.  
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Upon the posting of the Board's recommendations, the Board's 
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purpose is considered fulfilled, and the Board is thereupon 
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dissolved.
 
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    Section 35. Application. This Act is intended to allow 
 


 






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government agencies to transfer a record by e-mail, or retain 
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an electronic copy, unless it conflicts with the State Records 
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Act or its administrative rules, notwithstanding any law to the 
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contrary.  When adopting these electronic practices, government 
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agencies shall consider the constituent's access to electronic 
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technology. This Act does not change any State law that 
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requires publication of information in newspapers of general 
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circulation.
 
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    Section 40. Implementation. Within 6 months after the 
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Secretary of State's posting of the Board's policies, 
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guidelines, and best practices recommendations, as provided 
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for in Section 30 of this Act, all State agencies shall review 
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those recommendations and take all possible steps consistent 
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with those recommendations to enhance the use of electronic 
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means of creating, transmitting, and retaining State records.  
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Each government agency is required by this Act to post a link 
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to this Act on its Internet website.
 

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