Full Text of HB3329 100th General Assembly
HB3329 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3329 Introduced , by Rep. Jeanne M Ives SYNOPSIS AS INTRODUCED: |
| 5 ILCS 160/2 | from Ch. 116, par. 43.5 | 5 ILCS 160/3 | from Ch. 116, par. 43.6 | 5 ILCS 160/3.3 new | | 50 ILCS 205/3 | from Ch. 116, par. 43.103 | 50 ILCS 205/3c new | | 50 ILCS 205/4 | from Ch. 116, par. 43.104 |
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Amends the State Records Act. Provides that all records under the Act, including legal records and emails, shall be retained for a minimum of 7 years. Provides that every public employee, State and local, shall receive record retention training to comply with the Act. Modifies the term "record" or "records" to include any medium that stores or transmits information generated or used by a public body. Amends the Local Records Act to make similar changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning 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 | | Sections 2 and 3 and by adding Section 3.3 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 any medium that stores or | 10 | | transmits information generated or used by the public body, as | 11 | | defined in Section 2 of the Freedom of Information Act. This | 12 | | shall include, but not be limited to, all books, papers, | 13 | | born-digital electronic material, digitized electronic
| 14 | | material, electronic material with a combination of digitized | 15 | | and born-digital material, maps, photographs, databases, or
| 16 | | other official documentary materials, regardless of physical | 17 | | form or
characteristics, made, produced, executed , or received | 18 | | by any agency in the
State in pursuance of State state law or | 19 | | in connection with the transaction of
public business and | 20 | | preserved or appropriate for preservation by that
agency or its | 21 | | successor as evidence of the organization, function,
policies, | 22 | | decisions, procedures, operations, or other activities of the
| 23 | | State or of the State Government, or because of the |
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| 1 | | informational data
contained therein. Library and museum | 2 | | material made or acquired and
preserved solely for reference or | 3 | | exhibition purposes, extra copies of
documents preserved only | 4 | | for convenience of reference, and stocks of
publications and of | 5 | | blank forms are not included
within the
definition of records | 6 | | as used in this Act. Reports of impaired physicians
under | 7 | | Section 16.04 of the Medical Practice Act or Section 23 of the
| 8 | | Medical Practice Act of 1987 are not included within the | 9 | | definition of
records as used in this Act.
| 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 | | "Digitized electronic material" means electronic material | 14 | | converted from print or analog form to digital form. | 15 | | "Agency" means all parts, boards, and commissions of the | 16 | | executive
branch of the State government , including , but not | 17 | | limited to , State colleges
and universities and their governing | 18 | | boards and all departments
established by the " Civil | 19 | | Administrative Code of Illinois ," as heretofore
or hereafter | 20 | | amended .
| 21 | | "Public Officer" or "public officers" means all officers of | 22 | | the
executive branch of the State government, all officers | 23 | | created by the
" Civil Administrative Code of Illinois, " as | 24 | | heretofore or hereafter
amended, and all other officers and | 25 | | heads, presidents, or chairmen of
boards, commissions, and | 26 | | agencies of the State government.
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| 1 | | "Commission" means the State Records Commission.
| 2 | | "Archivist" means the Secretary of State.
| 3 | | (Source: P.A. 99-147, eff. 1-1-16; revised 9-16-16.)
| 4 | | (5 ILCS 160/3) (from Ch. 116, par. 43.6)
| 5 | | Sec. 3. Records as property of State.
| 6 | | (a) All records
created or received by
or under the | 7 | | authority of or coming into the custody, control, or possession | 8 | | of
public officials of this State in the course of their public | 9 | | duties are the
property of the State. All records, including | 10 | | legal records and emails, shall be retained for a minimum of 7 | 11 | | years. These records may not be mutilated, destroyed,
| 12 | | transferred, removed,
or otherwise damaged or disposed of, in | 13 | | whole or in part, except as provided by
law. Any person shall | 14 | | have the right of access to any public records, unless
access | 15 | | to the records is otherwise limited or
prohibited by law. This | 16 | | subsection (a) does not apply to records that are subject to | 17 | | expungement under subsections (1.5) and (1.6) of Section 5-915 | 18 | | of the Juvenile Court Act of 1987.
| 19 | | (b) Reports and records of the obligation,
receipt and use | 20 | | of public
funds of the State are public records available for | 21 | | inspection by the
public, except as access to such records is | 22 | | otherwise limited or prohibited
by law or pursuant to law. | 23 | | These records shall be kept at the official
place of business | 24 | | of the State or at a designated place of business of the
State. | 25 | | These records shall be available for public inspection during |
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| 1 | | regular
office hours except when in
immediate use by persons | 2 | | exercising official duties which require the use
of those | 3 | | records. Nothing in this
section shall require the State to | 4 | | invade or assist in the invasion of any
person's right to | 5 | | privacy. Nothing in this Section shall be construed to
limit | 6 | | any right given by statute or rule of law with respect to the
| 7 | | inspection of other types of records.
| 8 | | Warrants and vouchers in the keeping of the State | 9 | | Comptroller may be
destroyed
by him as authorized in "An Act in | 10 | | relation to the reproduction and destruction
of records kept by | 11 | | the Comptroller", approved August 1, 1949, as now or
hereafter | 12 | | amended after obtaining the approval of the State Records
| 13 | | Commission.
| 14 | | (Source: P.A. 98-637, eff. 1-1-15 .)
| 15 | | (5 ILCS 160/3.3 new) | 16 | | Sec. 3.3. Record retention training. Every public | 17 | | employee, State and local, shall receive record retention | 18 | | training to comply with this Act. There shall be no exceptions | 19 | | to any provisions in regards to training requirements. | 20 | | Section 10. The Local Records Act is amended by changing | 21 | | Sections 3 and 4 and by adding Section 3c as follows:
| 22 | | (50 ILCS 205/3) (from Ch. 116, par. 43.103)
| 23 | | Sec. 3.
Except where the context indicates otherwise, the |
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| 1 | | terms used in
this Act are defined as follows:
| 2 | | "Agency" means any court, and all parts, boards, | 3 | | departments, bureaus
and commissions of any county, municipal | 4 | | corporation or political
subdivision.
| 5 | | "Archivist" means the Secretary of State.
| 6 | | "Born-digital electronic material" means electronic | 7 | | material created in digital form rather than converted from | 8 | | print or analog form to digital form. | 9 | | "Commission" means a Local Records Commission.
| 10 | | "Court" means a court, other than the Supreme Court.
| 11 | | "Digitized electronic material" means electronic material | 12 | | converted from print or analog form to digital form. | 13 | | "Officer" means any elected or appointed official of a | 14 | | court, county,
municipal corporation or political subdivision.
| 15 | | "Public record" means any medium that stores or transmits | 16 | | information generated or used by the public body, as defined in | 17 | | Section 2 of the Freedom of Information Act. This shall | 18 | | include, but not be limited to, any book, paper, map, | 19 | | photograph, born-digital electronic material, digitized
| 20 | | electronic material, electronic material with a combination of | 21 | | digitized and born-digital material, or other official | 22 | | documentary material, regardless of
physical form or
| 23 | | characteristics, made, produced, executed or received by any | 24 | | agency or
officer pursuant to law or in connection with the | 25 | | transaction of public
business and preserved or appropriate for | 26 | | preservation by such agency or
officer, or any successor |
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| 1 | | thereof, as evidence of the organization,
function, policies, | 2 | | decisions, procedures, or other activities thereof, or
because | 3 | | of the informational data contained therein. Library and museum
| 4 | | material made or acquired and preserved solely for reference or | 5 | | exhibition
purposes, extra copies of documents preserved only | 6 | | for convenience of
reference, and stocks of publications and of | 7 | | processed documents are not
included within the definition of | 8 | | public record. Paper copies of registration records, as defined | 9 | | in Section 1 of the Library Records Confidentiality Act (75 | 10 | | ILCS 70/1), shall not be considered public records once the | 11 | | information contained in the paper registration records is | 12 | | transferred into a secure electronic format and checked for | 13 | | accuracy.
| 14 | | (Source: P.A. 99-147, eff. 1-1-16 .)
| 15 | | (50 ILCS 205/3c new) | 16 | | Sec. 3c. Record retention training. Every public employee | 17 | | of a local agency under this Act shall receive record retention | 18 | | training to comply with this Act. There shall be no exceptions | 19 | | to any provisions in regards to training requirements.
| 20 | | (50 ILCS 205/4) (from Ch. 116, par. 43.104)
| 21 | | Sec. 4.
(a) Except as otherwise provided in subsection (b) | 22 | | of this Section, all public records made or received by, or | 23 | | under the
authority of, or coming into the custody, control or | 24 | | possession of any
officer or agency , including legal records |
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| 1 | | and emails, shall be retained for a minimum of 7 years, and | 2 | | shall not be mutilated, destroyed, transferred,
removed or | 3 | | otherwise damaged or disposed of, in whole or in part, except
| 4 | | as provided by law. Any person who knowingly, without lawful | 5 | | authority and with the intent to defraud any party, public | 6 | | officer, or entity, alters, destroys, defaces, removes, or | 7 | | conceals any public record commits a Class 4 felony.
| 8 | | Court records filed with the clerks of the Circuit Court | 9 | | shall be
destroyed in accordance with the Supreme
Court's | 10 | | General Administrative Order on Recordkeeping in the Circuit
| 11 | | Courts. The clerks of the Circuit Courts shall notify the | 12 | | Supreme Court,
in writing, specifying case records or other | 13 | | documents which they intend to
destroy. The Supreme Court shall | 14 | | review the schedule of items to be destroyed
and notify the | 15 | | appropriate Local Records Commission of the Court's intent to
| 16 | | destroy such records. The Local Records Commission, within 90 | 17 | | days after
receipt of the Supreme Court's notice, may undertake | 18 | | to photograph,
microphotograph, or digitize electronically any | 19 | | or all such records and
documents, or, in the
alternative, may | 20 | | transport such original records to the State Archives
or other | 21 | | storage location under its supervision.
| 22 | | The Archivist may accept for deposit in the State Archives | 23 | | or
regional depositories official papers, drawings, maps, | 24 | | writings and
records of every description of counties, | 25 | | municipal corporations,
political subdivisions and courts of | 26 | | this State, when such materials are
deemed by the Archivist to |
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| 1 | | have sufficient historical or other value to
warrant their | 2 | | continued preservation by the State of Illinois.
| 3 | | The officer or clerk depositing such records may, upon | 4 | | request,
obtain from the Archivist, without charge, a certified | 5 | | copy or
reproduction of any specific record, paper or document | 6 | | when such record,
paper or document is required for public use.
| 7 | | (b) Upon request from a chief of police, county sheriff, or | 8 | | State's Attorney, if a person has been arrested for a criminal | 9 | | offense and an investigation reveals that the person arrested | 10 | | was not in fact the individual the arresting officer believed | 11 | | him or her to be, the law enforcement agency whose officers | 12 | | made the arrest shall delete or retract the arrest records of | 13 | | that person whom the investigation revealed as not the | 14 | | individual the arresting officer believed him or her to be. In | 15 | | this subsection (b): | 16 | | "Arrest records" are as described in Section 3b of this | 17 | | Act. | 18 | | "Law enforcement agency" means an agency of a unit of | 19 | | local government which is vested by law or ordinance with | 20 | | the duty to maintain public order
and to enforce criminal | 21 | | laws or ordinances. | 22 | | (Source: P.A. 98-1063, eff. 1-1-15; 99-363, eff. 1-1-16 .)
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