Full Text of SB2630 96th General Assembly
SB2630enr 96TH GENERAL ASSEMBLY
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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 | 5 |
| Government Electronic Records Act. | 6 |
| Section 5. Policy. It is the policy of the State of | 7 |
| Illinois to support efforts to reduce government's use of our | 8 |
| natural resources and to look for ways to implement | 9 |
| efficiencies. Government agencies should look for ways to | 10 |
| employ practices that allow for either or both of the | 11 |
| following: (1) electronic storage of documents and (2) | 12 |
| electronic transfer of documents. These environmentally | 13 |
| friendly practices will reduce the State's reliance on paper | 14 |
| and may ultimately save the State money. | 15 |
| Section 10. Definitions. | 16 |
| "Board" means the Electronic Records Advisory Board. | 17 |
| "Electronic transfer" means transfer of documents or | 18 |
| reports by electronic means. Appropriate electronic transfer | 19 |
| includes, but is not limited to, transfer by electronic mail, | 20 |
| facsimile transmission, or posting downloadable versions on an | 21 |
| Internet website, with electronic notice of the posting. | 22 |
| "Government agency" means all parts, boards, and |
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| commissions of the executive branch of the State government | 2 |
| including, but not limited to, State colleges and universities | 3 |
| and their governing boards and all departments established by | 4 |
| the Civil Administrative Code of Illinois. | 5 |
| "Record" has the meaning ascribed to it in the Illinois | 6 |
| State Records Act (5 ILCS 160/). | 7 |
| Section 15. Electronic records. | 8 |
| (a) A record created in an electronic format is considered | 9 |
| the same as and has the same force and effect as those records | 10 |
| not produced by electronic means. | 11 |
| (b) Nothing in this Act requires any government agency or | 12 |
| person to use an electronic record or an electronic signature | 13 |
| if doing so could jeopardize the efficient operation of State | 14 |
| government. | 15 |
| (c) Notwithstanding the requirements of this Act, | 16 |
| government agencies that obtain, store, or use electronic | 17 |
| records shall not refuse to accept hard copy, non-electronic | 18 |
| forms and reports, and other paper documents for submission or | 19 |
| filing, except as otherwise provided by law or administrative | 20 |
| rule. | 21 |
| (d) Any government agency that uses electronic records | 22 |
| shall allow any person or entity to have access to copies of | 23 |
| those records as permitted by the Illinois Freedom of | 24 |
| Information Act (5 ILCS 140/) or other applicable law, in paper | 25 |
| form in accordance with the fees prescribed by statute. |
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| Section 20. Electronic transfer of records. | 2 |
| Notwithstanding any law to the contrary, all government | 3 |
| agencies are encouraged to employ electronic means of | 4 |
| transferring records when appropriate. Government agencies may | 5 |
| send by electronic transmission any document, report, or record | 6 |
| that State law would otherwise require to be placed in the U.S. | 7 |
| mail. Those electronic records shall be protected as required | 8 |
| by the Electronic Commerce Security Act (5 ILCS 175/). | 9 |
| Section 25. Electronic retention of documents. All | 10 |
| government agencies are encouraged to employ electronic means | 11 |
| of creating and retaining State records. Electronic retention | 12 |
| of records shall be in accordance with the State Records Act (5 | 13 |
| ILCS 160/) and with administrative rules. | 14 |
| Section 30. Electronic Records Advisory Board. | 15 |
| (a) To assist government agencies in developing and | 16 |
| implementing electronic means of creating and retaining | 17 |
| electronic records, the Electronic Records Advisory Board is | 18 |
| created. The Board's purpose is to make a formal recommendation | 19 |
| related to the use and retention of electronic records. The | 20 |
| Board shall consist of 10 members as follows: | 21 |
| (1) the Treasurer or his or her designee. | 22 |
| (2) the Secretary of State or his or her designee. | 23 |
| (3) the Governor or his or her designee. |
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| (4) the Attorney General or his or her designee. | 2 |
| (5) the Comptroller or his or her designee. | 3 |
| (6) the Director of Central Management Services or his | 4 |
| or her designee. | 5 |
| (7) the University of Illinois President or his or her | 6 |
| designee. | 7 |
| (8) the Department of Central Management Services' | 8 |
| Director of the Bureau of Communication and Computer | 9 |
| Services or his or her designee. | 10 |
| (9) the Director of the Illinois State Archives or his | 11 |
| or her designee. | 12 |
| (10) the Secretary of Transportation or his or her | 13 |
| designee. | 14 |
| (b) Once convened, the Board shall select a chairperson | 15 |
| from its membership. Board members who are not State employees | 16 |
| shall receive no compensation for their services. A quorum of | 17 |
| the Board shall meet no less than 4 times, and the first | 18 |
| meeting shall take place no less than 60 days after the | 19 |
| effective date of this Act. The meetings are subject to the | 20 |
| requirements of the Open Meetings Act (5 ILCS 120/). The | 21 |
| Treasurer's office shall provide administrative support for | 22 |
| the creation, dissemination, retention, and disposition of | 23 |
| Board meeting agendas, minutes, and supporting materials. | 24 |
| (c) By July 1, 2011, the Electronic Records Advisory Board | 25 |
| shall produce a report recommending policies, guidelines, and | 26 |
| best practices on specific electronic records management |
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| issues including, but not limited to, the following: | 2 |
| (1) long-term maintenance of electronic records; | 3 |
| (2) management of electronic files in a networked | 4 |
| environment; | 5 |
| (3) recordkeeping issues in information system | 6 |
| development; | 7 |
| (4) log file management; | 8 |
| (5) management and preservation of web-based records; | 9 |
| and | 10 |
| (6) retention periods for electronic records. | 11 |
| The Board shall submit its policies, guidelines, and best | 12 |
| practices recommendations to the Secretary of State and the | 13 |
| State Records Commission. Within 45 days after the date of this | 14 |
| report, the Secretary of State shall post the Board's | 15 |
| recommendations on the Secretary's Internet website and | 16 |
| distribute those recommendations to all government agencies. | 17 |
| Upon the posting of the Board's recommendations, the Board's | 18 |
| purpose is considered fulfilled, and the Board is thereupon | 19 |
| dissolved. | 20 |
| Section 35. Application. This Act is intended to allow | 21 |
| government agencies to transfer a record by e-mail, or retain | 22 |
| an electronic copy, unless it conflicts with the State Records | 23 |
| Act or its administrative rules, notwithstanding any law to the | 24 |
| contrary. When adopting these electronic practices, government | 25 |
| agencies shall consider the constituent's access to electronic |
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| technology. This Act does not change any State law that | 2 |
| requires publication of information in newspapers of general | 3 |
| circulation. | 4 |
| Section 40. Implementation. Within 6 months after the | 5 |
| Secretary of State's posting of the Board's policies, | 6 |
| guidelines, and best practices recommendations, as provided | 7 |
| for in Section 30 of this Act, all State agencies shall review | 8 |
| those recommendations and take all possible steps consistent | 9 |
| with those recommendations to enhance the use of electronic | 10 |
| means of creating, transmitting, and retaining State records. | 11 |
| Each government agency is required by this Act to post a link | 12 |
| to this Act on its Internet website.
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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