(5 ILCS 160/1) (from Ch. 116, par. 43.4)
Sec. 1.
This Act may be cited as the
State Records Act.
(Source: P.A. 86-1475.)
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(5 ILCS 160/1.5)
Sec. 1.5.
Purpose.
Pursuant to the fundamental philosophy of the American
constitutional form of government, it is declared to be the public policy of
the State of Illinois (i) that government records are a form of property whose
ownership lies with the citizens and with the State of Illinois; (ii) that
those records are to be created, maintained, and administered in support of the
rights of those citizens and the operation of the State; (iii) that those
records are, with very few exemptions, to be available for the use, benefit,
and information of the citizens; and (iv) that those records may not be
disposed of without compliance to the regulations in this Act.
(Source: P.A. 92-866, eff. 1-3-03.)
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(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.
"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, 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. 99-147, eff. 1-1-16; 100-201, eff. 8-18-17.)
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(5 ILCS 160/3) (from Ch. 116, par. 43.6)
Sec. 3. Records as property of State.
(a) All records
created or received by
or under the authority of or coming into the custody, control, or possession of
public officials of this State in the course of their public duties are the
property of the State. These records may not be mutilated, destroyed,
transferred, removed,
or otherwise damaged or disposed of, in whole or in part, except as provided by
law. Any person shall have the right of access to any public records, unless
access to the records is otherwise limited or
prohibited by law. This subsection (a) does not apply to records that are subject to expungement under subsection (1.5) of Section 5-915 of the Juvenile Court Act of 1987.
(b) Reports and records of the obligation,
receipt and use of public
funds of the State are public records available for inspection by the
public, except as access to such records is otherwise limited or prohibited
by law or pursuant to law. These records shall be kept at the official
place of business of the State or at a designated place of business of the
State. These records shall be available for public inspection during regular
office hours except when in
immediate use by persons exercising official duties which require the use
of those records. Nothing in this
section shall require the State to invade or assist in the invasion of any
person's right to privacy. Nothing in this Section shall be construed to
limit any right given by statute or rule of law with respect to the
inspection of other types of records.
Warrants and vouchers in the keeping of the State Comptroller may be
destroyed
by him as authorized in the Comptroller's Records Act after obtaining the approval of the State Records
Commission.
(Source: P.A. 102-558, eff. 8-20-21.)
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(5 ILCS 160/3.5)
Sec. 3.5.
Confidentiality of foster placement records.
All records
concerning foster placement and foster parent identifying information shall be
released only
in
accordance with Section 35.3 of the Children and Family Services Act.
(Source: P.A. 92-866, eff. 1-3-03.)
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(5 ILCS 160/4) (from Ch. 116, par. 43.7)
Sec. 4.
Any person shall have the right of access to any public records of
the expenditure or receipt of public funds as defined in Section 3 for
the purpose of obtaining copies of the same or of making photographs of the
same while in the possession, custody and control of the lawful custodian
thereof, or his authorized deputy.
(Source: P.A. 92-866, eff. 1-3-03.)
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(5 ILCS 160/4a)
Sec. 4a. Arrest records and reports.
(a) When an individual is arrested, the following information must
be made available to the news media for inspection and copying:
(1) Information that identifies the individual, | ||
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(2) Information detailing any charges relating to the | ||
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(3) The time and location of the arrest.
(4) The name of the investigating or arresting law | ||
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(5) (Blank).
(6) If the individual is incarcerated, the time and | ||
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(b) The information required by this Section must be made available to the
news media for inspection and copying as soon as practicable, but in no event
shall the time period exceed 72 hours from the arrest. The information
described in paragraphs (3), (4), (5), and (6) of
subsection (a), however, may be withheld if it is determined that disclosure
would:
(1) interfere with pending or actually and reasonably | ||
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(2) endanger the life or physical safety of law | ||
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(3) compromise the security of any correctional | ||
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(c) For the purposes of this Section, the term "news media" means personnel
of a newspaper or other periodical issued at regular intervals whether in
print or electronic format, a news service whether in print or electronic
format, a radio station, a television station, a television network, a
community antenna television service, or a person or corporation engaged in
making news reels or other motion picture news for public showing.
(d) Each law enforcement or correctional agency may charge fees for arrest
records, but in no instance may the fee exceed the actual cost of copying and
reproduction. The fees may not include the cost of the labor used to reproduce
the arrest record.
(e) The provisions of this Section do not supersede the confidentiality
provisions for arrest records of the Juvenile Court Act of 1987.
(f) All information, including photographs, made available under this Section is subject to the provisions of Section 2QQQ of the Consumer Fraud and Deceptive Business Practices Act. (g) Notwithstanding the requirements of subsection (a), a law enforcement agency may not publish booking photographs, commonly known as "mugshots", on its social networking website in connection with civil offenses, petty offenses, business offenses, Class C misdemeanors, and Class B misdemeanors unless the booking photograph is posted to the social networking website to assist in the search for a missing person or to assist in the search for a fugitive, person of interest, or individual wanted in relation to a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor. As used in this subsection, "social networking website" has the meaning provided in Section 10 of the Right to Privacy in the Workplace Act. (Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(5 ILCS 160/5) (from Ch. 116, par. 43.8)
Sec. 5.
The Secretary of State shall provide for a State Archives Division
as a repository of State records. The State Archives may utilize space in
the Archives Building or other buildings as may be necessary or appropriate
for the purpose, in the opinion of the Secretary of State.
(Source: Laws 1957, p. 1687.)
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(5 ILCS 160/6) (from Ch. 116, par. 43.9)
Sec. 6.
The Secretary of State shall be the State Archivist and Records
Administrator and he shall appoint such assistants, who shall be
technically qualified and experienced in the control and management of
archival materials and in records management practices and techniques, as
are necessary to carry out his duties as State Archivist.
(Source: Laws 1957, p. 1687.)
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(5 ILCS 160/7) (from Ch. 116, par. 43.10)
Sec. 7. Powers and duties of the Secretary.
(1) The Secretary, whenever it appears to him to be in the public
interest, may accept for deposit in the State Archives the records of any
agency or of the Legislative or Judicial branches of the State government that
are determined by him to have sufficient historical or other value to warrant
the permanent preservation of such records by the State of Illinois.
(2) The Secretary may accept for deposit in the State Archives official
papers, photographs, microfilm, electronic and digital records, drawings,
maps, writings, and records of every description of counties,
municipal corporations, political subdivisions and courts of this State, and
records of the federal government pertaining to Illinois, when such materials
are deemed by the Secretary to have sufficient historical or other value to
warrant their continued preservation by the State of
Illinois.
(3) The Secretary, whenever he deems it in the public interest, may
accept for deposit in the State Archives motion picture films, still pictures,
and sound recordings that are appropriate for preservation by the State
government as evidence of its organization, functions and policies.
(4) The Secretary shall be responsible for the custody, use, servicing
and withdrawal of records transferred for deposit in the State Archives. The
Secretary shall observe any rights, limitations, or restrictions imposed by law
relating to the use of records, including the provisions of the Mental Health
and Developmental Disabilities Confidentiality Act which limit access to
certain records or which permit access to certain records only after the
removal of all personally identifiable data. Access to restricted records
shall be at the direction of the depositing State agency or, in the case of
records deposited by the legislative or judicial
branches of State government at the direction of the branch which deposited
them, but no limitation on access to such records shall extend more than
75 years after the creation of the records, except as provided in the Mental
Health and Developmental Disabilities Confidentiality Act. The Secretary
shall not impose restrictions on the use of records that are defined by
law as public records or as records open to public inspection.
(5) The Secretary shall make provision for the preservation,
arrangement, repair, and rehabilitation, duplication and reproduction,
description, and exhibition of records deposited in the State Archives
as may be needed or appropriate.
(6) The Secretary shall make or reproduce and furnish upon demand
authenticated or unauthenticated copies of any of the documents, photographic
material or other records deposited in the State Archives, the public
examination of which is not prohibited by statutory limitations or restrictions
or protected by copyright. The Secretary shall charge a fee therefor in
accordance with the schedule of fees in Section 5.5 of the Secretary of State
Act, except that there shall be no charge for making or authentication of
such copies or reproductions furnished to any department or agency of the State
for official use. When any such copy or reproduction is authenticated by the
Great Seal of the State of Illinois and is certified by the Secretary, or in
his name by his authorized representative, such copy or reproduction shall be
admitted in evidence as if it were the original.
(7) Any official of the State of Illinois may turn over to the
Secretary of State, with his consent, for permanent preservation in the
State Archives, any official books, records, documents, original papers,
or files, not in current use in his office, taking a receipt therefor.
(8) (Blank).
(9) The Secretary may cooperate with the Illinois State Genealogical
Society, or its successor organization, for the mutual benefit of the Society
and the Illinois State Archives, with the State Archives furnishing necessary
space for the society to carry on its functions and keep its records, to
receive publications of the Illinois State Genealogical Society, to use members
of the Illinois State Genealogical Society as volunteers in various archival
projects and to store the Illinois State Genealogical Society's film
collections.
(Source: P.A. 95-331, eff. 8-21-07.)
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(5 ILCS 160/8) (from Ch. 116, par. 43.11)
Sec. 8.
The head of each agency shall cause to be made and preserved
records containing adequate and proper documentation of the organization,
functions, policies, decisions, procedures, and essential transactions of
the agency designed to furnish information to protect the legal and
financial rights of the State and of persons directly affected by the
agency's activities.
This Section shall not be construed to prevent the legal disposal of any
records determined by the agency and by the Commission not to have
sufficient value to warrant their continued preservation by the State or by
the agency concerned.
(Source: Laws 1957, p. 1687.)
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(5 ILCS 160/9) (from Ch. 116, par. 43.12)
Sec. 9.
The head of each agency shall establish and maintain an active,
continuing program for the economical and efficient management of the
records of the agency.
Such program:
(1) shall provide for effective controls over the | ||
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(2) shall provide for cooperation with the Secretary | ||
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(3) shall provide for compliance with the provisions | ||
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If an agency has delegated its authority to retain records to another agency, then the delegate agency shall maintain the same, or a more diligent, record retention methodology and record retention period as the original agency's program. If the delegate is from the legislative or judicial branch, then the delegate may use the same record retention methodology and record retention period that the delegate uses for similar records.
(Source: P.A. 99-642, eff. 7-28-16.)
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(5 ILCS 160/10) (from Ch. 116, par. 43.13)
Sec. 10.
Whenever the head of an agency determines that substantial
economies or increased operating efficiency can be effected thereby, he
may, subject to the approval of the Secretary, provide for the storage,
care, and servicing of records that are appropriate therefor in a records
center operated and maintained by the Secretary.
(Source: Laws 1957, p. 1687.)
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(5 ILCS 160/11) (from Ch. 116, par. 43.14)
Sec. 11.
Violation.
All records made or
received by or under the authority of or
coming into the custody, control or possession of public officials of this
State in the course of their public duties are the property of the State
and shall not be mutilated, destroyed, transferred, removed or otherwise
damaged or disposed of, in whole or in part except as provided by law.
Any person who knowingly and without lawful authority
alters, destroys, defaces, removes, or conceals any public record commits a
Class 4 felony.
(Source: P.A. 92-866, eff. 1-3-03.)
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(5 ILCS 160/12) (from Ch. 116, par. 43.15)
Sec. 12.
The Secretary shall make continuing surveys of State records
management and disposal practices and obtain reports thereon from agencies
and their staff.
(Source: P.A. 92-866, eff. 1-3-03.)
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(5 ILCS 160/13) (from Ch. 116, par. 43.16)
Sec. 13.
The Secretary, with due regard to the program activities of the
agencies concerned, shall make provision for the economical and efficient
management of records of State agencies by analyzing, developing,
promoting, coordinating, and promulgating standards, procedures, and
techniques designed to improve the management of records, to insure the
maintenance and security of records deemed appropriate for preservation,
and to facilitate the segregation and disposal of records of temporary
value. The Secretary shall aid also in promoting the efficient and
economical utilization of space, equipment, and supplies needed for the
purpose of creating, maintaining, storing, and servicing records.
(Source: P.A. 92-866, eff. 1-3-03.)
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(5 ILCS 160/14) (from Ch. 116, par. 43.17)
Sec. 14.
The Secretary shall establish standards for the selective
retention of records of continuing value and assist agencies in applying
such standards to records in their custody.
(Source: Laws 1957, p. 1687.)
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(5 ILCS 160/15) (from Ch. 116, par. 43.18)
Sec. 15.
The Secretary shall establish, maintain, and operate records
centers for the storage, care, and servicing of records of State agencies
pending their deposit in the State Archives or the disposition of such
records in any other manner authorized by law. The Secretary may establish,
maintain, and operate centralized microfilming and digital reproduction
services for agencies.
(Source: P.A. 92-866, eff. 1-3-03.)
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(5 ILCS 160/15a) (from Ch. 116, par. 43.18a)
Sec. 15a.
The head of each agency shall establish a
system for the protection and preservation of essential State records
necessary for the continuity of governmental functions in the event of an
emergency arising from enemy action or natural disaster and for the
reestablishment of State government thereafter.
(Source: P.A. 85-414.)
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(5 ILCS 160/15b) (from Ch. 116, par. 43.18b)
Sec. 15b. The head of each agency shall:
(1) Determine what records are "essential" for | ||
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(2) Determine what records are "essential" for | ||
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(3) Establish the manner in which essential records | ||
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(4) Establish and maintain an essential records | ||
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The Secretary may provide for security storage or
relocation of essential State
records in the event of an emergency arising from enemy attack or natural
disaster.
(Source: P.A. 99-78, eff. 7-20-15.)
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(5 ILCS 160/16) (from Ch. 116, par. 43.19)
Sec. 16. There is created the State Records Commission. The Commission shall consist of the following State officials or their
authorized representatives: the Secretary of State, who shall act as chairman; the Executive Director of the Abraham Lincoln Presidential Library and Museum, who shall
serve
as secretary; the State Treasurer; the
Director of Central Management Services;
the
Attorney General; and the State
Comptroller. The Commission shall meet whenever called
by the chairman, who shall have no vote on matters considered by the
Commission.
It shall be the duty of the Commission to determine what records no longer
have any administrative, fiscal, legal, research, or historical value and
should
be destroyed or disposed of otherwise. The Commission may make recommendations to the Secretary of State concerning policies, guidelines, and best practices for addressing electronic records management issues as authorized under Section 37 of the Government Electronic Records Act.
(Source: P.A. 102-985, eff. 1-1-23.)
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(5 ILCS 160/17) (from Ch. 116, par. 43.20)
Sec. 17.
(a) Regardless of other authorization to the contrary, except as otherwise provided in subsection (b) of this Section, no record shall
be disposed of by any agency of the State, unless approval of the State
Records Commission is first obtained. The Commission shall issue
regulations, not inconsistent with this Act, which shall be binding on all
agencies. Such regulations shall establish procedures for compiling and
submitting to the Commission lists and schedules of records proposed for
disposal; procedures for the physical destruction or other disposition of
records proposed for disposal; and standards for the reproduction of
records by digital, photographic, or microphotographic
processes with the view to the
disposal of the original records. Such standards shall relate to the
electronic digital process and format, quality of film used, preparation of
the records for reproduction, proper
identification matter on the records so that an individual document or
series of documents can be located on the film or electronic medium with
reasonable facility,
and that the copies contain all significant record detail, to the end that
the photographic, microphotographic, or digital copies will be
adequate.
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 or State Historical Library
or with a historical society,
museum or library.
(b) Upon request from a chief of police, county sheriff, or State's Attorney, if a person has been arrested for a criminal offense and an investigation reveals that the person arrested was not in fact the individual the arresting officer believed him or her to be, the law enforcement agency whose officers made the arrest shall delete or retract the arrest records of that person whom the investigation revealed as not the individual the arresting officer believed him or her to be.
In this subsection (b): "Arrest records" are as described in Section 4a of | ||
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"Law enforcement agency" means an agency of this | ||
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(Source: P.A. 99-363, eff. 1-1-16.)
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(5 ILCS 160/18) (from Ch. 116, par. 43.21)
Sec. 18.
The head of each agency shall submit to the Commission, in
accordance with the regulations of the Commission, lists or schedules of
records in his or her custody and his or her proposal for the length of time
each record
series warrants retention for administrative, legal or fiscal purposes
after it has been created or received by the agency.
(Source: P.A. 92-866, eff. 1-3-03.)
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(5 ILCS 160/19) (from Ch. 116, par. 43.22)
Sec. 19.
All lists and schedules submitted to the Commission shall be
referred to the Archivist who shall ascertain whether the records proposed
for disposal have value to other agencies of the State or whether such
records have research or historical value. The Archivist shall submit such
lists and schedules with his recommendations in writing to the Commission;
and the final disposition of such records shall be according to the orders
of the Commission.
(Source: Laws 1957, p. 1687.)
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(5 ILCS 160/20) (from Ch. 116, par. 43.23)
Sec. 20.
Nonrecord materials or materials not included within the
definition of records as contained in this Act may be destroyed at any time
by the agency in possession of such materials without the prior approval of
the Commission. The Commission may formulate advisory procedures and
interpretation to guide in the disposition of nonrecord materials.
(Source: Laws 1957, p. 1687.)
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(5 ILCS 160/21) (from Ch. 116, par. 43.24)
Sec. 21.
The Archivist shall submit to the Commission, with his
recommendations in writing, disposal lists of records that have been
deposited in the State Archives as provided in subsections (1), (2), and
(3) of Section 7 of this Act, after having determined that the records
concerned do not have sufficient value to warrant their continued
preservation by the State. However, any records deposited in the State
Archives by any agency pursuant to the provisions of subsection (1) of
Section 7 of this Act shall not be submitted to the Commission for disposal
without the written consent of the head of such agency.
(Source: Laws 1957, p. 1687.)
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(5 ILCS 160/22) (from Ch. 116, par. 43.25)
Sec. 22.
Upon the termination of any State agency whose function or
functions have not been transferred to another agency, the records of such
terminated agency shall be deposited in the State Archives. The Commission
shall determine which records are of sufficient legal, historical,
administrative, or fiscal value to warrant their continued preservation by
the State. Records that are determined to be of insufficient value to
warrant their continued preservation shall be disposed of as provided in
Section 17 of this Act.
(Source: Laws 1957, p. 1687.)
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(5 ILCS 160/22a) (from Ch. 116, par. 43.25a)
Sec. 22a.
There is hereby created the State Archives Advisory Board consisting
of 12 voting members and 2 nonvoting members.
The voting members shall be appointed by the Secretary of State as follows:
A member of the State Records Commission, a member of a Local Records Commission,
a member of a local historical society or museum, a university archivist,
a person in the field of education specializing in either history or political
science, a genealogist, a research or reference librarian, a person who
is employed or engaged as an archivist by a business establishment and 4 public members.
The nonvoting members shall be the Director of the State Library and the Executive Director of the Abraham Lincoln Presidential Library and Museum
who shall serve ex-officio.
Four of the initial appointees shall serve a 1-year term; four shall serve
2-year terms; and the remaining 4 shall serve 3-year terms. The terms of
the initial appointees shall be specified by the Secretary of State at the
time of appointments. Subsequent to the initial appointments all members
shall hold office for a period of 3 years. Vacancies shall be filled by
appointment of the Secretary of State for the unexpired balance of the term.
No person shall serve for more than 2 consecutive 3-year terms.
The State Archives Advisory Board shall elect from its own members one
chairman and one vice chairman.
The members appointed to the Board shall serve without compensation
but shall be reimbursed for necessary expenses incurred in the performance
of their duties.
(Source: P.A. 102-985, eff. 1-1-23.)
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(5 ILCS 160/22b) (from Ch. 116, par. 43.25b)
Sec. 22b.
The State Archives Advisory Board shall meet at the call of
the chairman, but not less than 3 times in each calendar year, and shall
make recommendations to the State Archivist on such matters as: general
policies regarding the operation of the State archives;
budget policies relative to annual appropriations by the General Assembly; and
policies for federal funded archives programs.
(Source: P.A. 83-523.)
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(5 ILCS 160/22c) (from Ch. 116, par. 43.25c)
Sec. 22c.
The State Archives Advisory Board shall also serve as the
Illinois State Historical Records Advisory Board. This Board shall:
(1) serve as the State advisory body required by | ||
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(2) promote the identification, preservation, access | ||
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(3) meet at least once each year.
The Director of the State Archives shall serve as the coordinator of this
Board and assist the Board in its functions.
The Secretary may appoint additional assistants, who must be technically
qualified and experienced in records management and historic records
preservation, as necessary to carry out the functions of this Board.
(Source: P.A. 92-866, eff. 1-3-03.)
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(5 ILCS 160/23) (from Ch. 116, par. 43.26)
Sec. 23.
"An Act creating the State Records Commission and defining its
powers and duties," approved July 23, 1943, as amended, is repealed, but
all orders heretofore issued by the State Records Commission created by
said Act shall stand and continue to be in full force and effect.
(Source: Laws 1957, p. 1687.)
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(5 ILCS 160/24) (from Ch. 116, par. 43.27)
Sec. 24.
Auditor General.
The Auditor General shall audit agencies for
compliance with this Act when conducting compliance audits and shall report his
or her
findings to
the agency and the Secretary.
Any officer or employee who violates the provisions of subsection (b) of
Section 3 of this
Act is guilty of a Class B misdemeanor.
(Source: P.A. 92-866, eff. 1-3-03.)
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(5 ILCS 160/25) (from Ch. 116, par. 43.28)
Sec. 25.
The invalidity of any section or part or portion of this act
shall not affect the validity of the remaining sections or parts
thereof.
(Source: Laws 1957, p. 1687.)
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(5 ILCS 160/26) (from Ch. 116, par. 43.29)
Sec. 26.
Beginning July 1, 1984, the provisions of Sections 3 and
4 of this Act, as they relate to inspection and copying of records, shall
apply only as to records and reports prepared or received prior to this
date. Records and reports prepared or received on or after July 1, 1984,
shall be covered under the provisions of "The Freedom of Information Act",
approved by the 83rd General Assembly.
(Source: P.A. 83-1013.)
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