HB0362 99TH GENERAL ASSEMBLY

LRB099 02727 AWJ 22735 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0362

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

5 ILCS 160/2	from Ch. 116, par. 43.5
50 ILCS 205/3	from Ch. 116, par. 43.103
50 ILCS 205/7	from Ch. 116, par. 43.107
50 ILCS 205/12	from Ch. 116, par. 43.112
50 ILCS 210/Act rep.
50 ILCS 215/Act rep.

Amends the State Records Act. Adds "born-digital electronic material" and "electronic material with a combination of digitized and born-digital material" to the definition of "record" or "records". Defines "born-digital electronic material" and "digitized electric material". Amends the Local Records Act. Adds "born-digital electronic material" and "electronic material with a combination of digitized and born-digital material" to the definition of "public record". Defines "born-digital electronic material" and "digitized electric material". Provides that the Illinois Commerce Commission shall also issue regulations regarding procedures for the management and preservation of electronically generated and maintained records. Repeals the Filmed Records Certification Act. Repeals the Filmed Records Destruction Act.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Records Act is amended by changing Section 2 as follows:

(5 ILCS 160/2) (from Ch. 116, par. 43.5)

Sec. 2. For the purposes of this Act:

"Secretary" means Secretary of State.

"Record" or "records" means all books, papers, born-digital electronic material, digitized electronic material, electronic material with a combination of digitized and born-digital material, maps, photographs, databases, or 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 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 Medical Practice Act of 1987 are not included within the definition of records as used in this Act.

"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.

"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.

"Commission" means the State Records Commission.

"Archivist" means the Secretary of State.

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

Section 10. The Local Records Act is amended by changing Sections 3, 7, and 12 as follows:

(50 ILCS 205/3) (from Ch. 116, par. 43.103)

Sec. 3. Except where the context indicates otherwise, the terms used in this Act are defined as follows:

"Agency" means any court, and all parts, boards, departments, bureaus and commissions of any county, municipal corporation or political subdivision.

"Archivist" means the Secretary of State.

"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.

"Court" means a court, other than the Supreme Court.

"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.

"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 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 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.

(Source: P.A. 97-100, eff. 7-14-11.)

(50 ILCS 205/7) (from Ch. 116, par. 43.107)

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.

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 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 providing: (i) the reproduction process forms a durable medium that accurately and legibly reproduces the original record in 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 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.

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.

(Source: P.A. 90-701, eff. 1-1-99; 91-886, eff. 1-1-01.)

(50 ILCS 205/12) (from Ch. 116, par. 43.112)

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.

(Source: Laws 1961, p. 3503.)

(50 ILCS 210/Act rep.)

Section 15. The Filmed Records Certification Act is repealed.

(50 ILCS 215/Act rep.)

Section 20. The Filmed Records Destruction Act is repealed.