Full Text of HB0362 99th General Assembly
HB0362eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Records Act is amended by changing | 5 | | Section 2 as follows:
| 6 | | (5 ILCS 160/2) (from Ch. 116, par. 43.5)
| 7 | | Sec. 2. For the purposes of this Act:
| 8 | | "Secretary" means Secretary of State.
| 9 | | "Record" or "records" means all books, papers, | 10 | | born-digital electronic material, digitized electronic
| 11 | | material, electronic material with a combination of digitized | 12 | | and born-digital material, maps, photographs, databases, or
| 13 | | other official documentary materials, regardless of physical | 14 | | form or
characteristics, made, produced, executed or received | 15 | | by any agency in the
State in pursuance of state law or in | 16 | | connection with the transaction of
public business and | 17 | | preserved or appropriate for preservation by that
agency or its | 18 | | successor as evidence of the organization, function,
policies, | 19 | | decisions, procedures, operations, or other activities of the
| 20 | | State or of the State Government, or because of the | 21 | | informational data
contained therein. Library and museum | 22 | | material made or acquired and
preserved solely for reference or | 23 | | exhibition purposes, extra copies of
documents preserved only |
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| 1 | | for convenience of reference, and stocks of
publications and of | 2 | | blank forms are not included
within the
definition of records | 3 | | as used in this Act. Reports of impaired physicians
under | 4 | | Section 16.04 of the Medical Practice Act or Section 23 of the
| 5 | | Medical Practice Act of 1987 are not included within the | 6 | | definition of
records as used in this Act.
| 7 | | "Born-digital electronic material" means electronic | 8 | | material created in digital form rather than converted from | 9 | | print or analog form to digital form. | 10 | | "Digitized electronic material" means electronic material | 11 | | converted from print or analog form to digital form. | 12 | | "Agency" means all parts, boards, and commissions of the | 13 | | executive
branch of the State government including but not | 14 | | limited to State colleges
and universities and their governing | 15 | | boards and all departments
established by the "Civil | 16 | | Administrative Code of Illinois," as heretofore
or hereafter | 17 | | amended.
| 18 | | "Public Officer" or "public officers" means all officers of | 19 | | the
executive branch of the State government, all officers | 20 | | created by the
"Civil Administrative Code of Illinois," as | 21 | | heretofore or hereafter
amended, and all other officers and | 22 | | heads, presidents, or chairmen of
boards, commissions, and | 23 | | agencies of the State government.
| 24 | | "Commission" means the State Records Commission.
| 25 | | "Archivist" means the Secretary of State.
| 26 | | (Source: P.A. 92-866, eff. 1-3-03 .)
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| 1 | | Section 10. The Local Records Act is amended by changing | 2 | | Sections 3, 7, and 12 as follows:
| 3 | | (50 ILCS 205/3) (from Ch. 116, par. 43.103)
| 4 | | Sec. 3.
Except where the context indicates otherwise, the | 5 | | terms used in
this Act are defined as follows:
| 6 | | "Agency" means any court, and all parts, boards, | 7 | | departments, bureaus
and commissions of any county, municipal | 8 | | corporation or political
subdivision.
| 9 | | "Archivist" means the Secretary of State.
| 10 | | "Born-digital electronic material" means electronic | 11 | | material created in digital form rather than converted from | 12 | | print or analog form to digital form. | 13 | | "Commission" means a Local Records Commission.
| 14 | | "Court" means a court, other than the Supreme Court.
| 15 | | "Digitized electronic material" means electronic material | 16 | | converted from print or analog form to digital form. | 17 | | "Officer" means any elected or appointed official of a | 18 | | court, county,
municipal corporation or political subdivision.
| 19 | | "Public record" means any book, paper, map, photograph, | 20 | | born-digital electronic material, digitized
electronic | 21 | | material, electronic material with a combination of digitized | 22 | | and born-digital material, or other official documentary | 23 | | material, regardless of
physical form or
characteristics, | 24 | | made, produced, executed or received by any agency or
officer |
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| 1 | | pursuant to law or in connection with the transaction of public
| 2 | | business and preserved or appropriate for preservation by such | 3 | | agency or
officer, or any successor thereof, as evidence of the | 4 | | organization,
function, policies, decisions, procedures, or | 5 | | other activities thereof, or
because of the informational data | 6 | | contained therein. Library and museum
material made or acquired | 7 | | and preserved solely for reference or exhibition
purposes, | 8 | | extra copies of documents preserved only for convenience of
| 9 | | reference, and stocks of publications and of processed | 10 | | documents are not
included within the definition of public | 11 | | record. Paper copies of registration records, as defined in | 12 | | Section 1 of the Library Records Confidentiality Act (75 ILCS | 13 | | 70/1), shall not be considered public records once the | 14 | | information contained in the paper registration records is | 15 | | transferred into a secure electronic format and checked for | 16 | | accuracy.
| 17 | | (Source: P.A. 97-100, eff. 7-14-11.)
| 18 | | (50 ILCS 205/7) (from Ch. 116, par. 43.107)
| 19 | | Sec. 7. Disposition rules. Except as otherwise provided by | 20 | | law, no
public record shall be
disposed of by any officer or | 21 | | agency unless the written approval of the
appropriate Local | 22 | | Records Commission is first obtained.
| 23 | | The Commission shall issue regulations which shall be | 24 | | binding on all
such officers. Such regulations shall establish | 25 | | procedures for compiling
and submitting to the Commission lists |
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| 1 | | and schedules of public records
proposed for disposal; | 2 | | procedures for the physical destruction or other
disposition of | 3 | | such public records; procedures for the management and | 4 | | preservation of electronically generated and maintained | 5 | | records; and standards for the reproduction of
such public | 6 | | records by photography, microphotographic processes,
or | 7 | | digitized electronic format.
Such
standards shall relate to the | 8 | | quality of the film to be used, preparation
of the public | 9 | | records for filming or electronic conversion, proper
| 10 | | identification matter on such
records so that an individual | 11 | | document or series of documents can be
located on the film or | 12 | | digitized electronic form with reasonable facility,
and that | 13 | | the copies contain
all significant record detail, to the end | 14 | | that the copies will be adequate.
Any public record may be | 15 | | reproduced in a microfilm or digitized
electronic format. The | 16 | | agency may dispose of the original of any
reproduced record
| 17 | | providing: (i) the reproduction process forms a durable medium | 18 | | that accurately
and legibly reproduces the original record in
| 19 | | all details, that does not permit additions, deletions, or | 20 | | changes
to the
original document images, and, if electronic, | 21 | | that
are
retained in a trustworthy manner so that the records, | 22 | | and the information
contained in the
records, are accessible | 23 | | and usable for subsequent reference at all times while
the
| 24 | | information must be retained,
(ii) the reproduction is retained | 25 | | for the prescribed
retention period, and (iii) the Commission | 26 | | is notified when the original
record is disposed of and also |
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| 1 | | when the reproduced record is
disposed of.
| 2 | | Such regulations shall also provide that the State | 3 | | archivist may retain
any records which the Commission has | 4 | | authorized to be destroyed, where they
have a historical value, | 5 | | and that the State archivist may deposit them in
the State | 6 | | Archives, State Historical Library, or a
university library, or | 7 | | with a historical society,
museum, or library.
| 8 | | (Source: P.A. 90-701, eff. 1-1-99; 91-886, eff. 1-1-01.)
| 9 | | (50 ILCS 205/12) (from Ch. 116, par. 43.112)
| 10 | | Sec. 12.
Both Commissions shall with the assistance of the | 11 | | Secretary of
State and State Archivist determine what records | 12 | | are essential for
emergency government operation through | 13 | | consultation with all branches of
government, state agencies, | 14 | | and with the Illinois Emergency Management Agency State | 15 | | Civilian Defense agency , to
determine what records are | 16 | | essential for post-emergency government
operation and provide | 17 | | for their protection and preservation and provide for
the | 18 | | security storage or relocation of essential local records in | 19 | | the event
of an emergency arising from enemy attack or natural | 20 | | disaster.
| 21 | | (Source: Laws 1961, p. 3503.)
| 22 | | (50 ILCS 210/Act rep.)
| 23 | | Section 15. The Filmed Records Certification Act is | 24 | | repealed.
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| 1 | | (50 ILCS 215/Act rep.)
| 2 | | Section 20. The Filmed Records Destruction Act is repealed.
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