State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_HB1916

      50 ILCS 205/4             from Ch. 116, par. 43.104
          Amends the Local Records Act.  Makes a  technical  change
      in  the Section concerning the disposal of public records and
      the archivist's duties.
                                                     LRB9005178DNmb
                                               LRB9005178DNmb
 1        AN ACT to amend the Local Records Act by changing Section
 2    4.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Local Records Act is amended by changing
 6    Section 4 as follows:
 7        (50 ILCS 205/4) (from Ch. 116, par. 43.104)
 8        Sec. 4. Disposal of public records;  archivist's  duties.
 9    All  public  records  made  or  received  by,  or  under  the
10    authority   of,  or  coming  into  the  custody,  control  or
11    possession of any officer or agency shall not  be  mutilated,
12    destroyed,  transferred,  removed  or  otherwise  damaged  or
13    disposed of, in whole or in part, except as provided by law.
14        Court  records filed with the clerks of the Circuit Court
15    shall be destroyed in accordance  with  the  Supreme  Court's
16    General  Administrative Order on Recordkeeping in the Circuit
17    Courts. The clerks of the Circuit  Courts  shall  notify  the
18    Supreme  Court,  in writing, specifying case records or other
19    documents which they intend to  destroy.  The  Supreme  Court
20    shall review the schedule of items to be destroyed and notify
21    the  appropriate  Local  Records  Commission  of  the Court's
22    intent to destroy such records. The Local Records Commission,
23    within 90 days after receipt of the Supreme  Court's  notice,
24    may  undertake  to  photograph,  microphotograph, or digitize
25    electronically any or all such records and documents, or,  in
26    the  alternative,  may transport such original records to the
27    State  Archives  or  other   storage   location   under   its
28    supervision.
29        The  Archivist  may  accept  for  deposit  in  the  State
30    Archives  or regional depositories official papers, drawings,
31    maps, writings and records of every description of  counties,
                            -2-                LRB9005178DNmb
 1    municipal  corporations, political subdivisions and courts of
 2    this State, when such materials are deemed by  the  Archivist
 3    to have sufficient historical or other value to warrant their
 4    continued preservation by the State of Illinois.
 5        The  officer  or  clerk depositing such records may, upon
 6    request,  obtain  from  the  Archivist,  without  charge,   a
 7    certified  copy or reproduction of any specific record, paper
 8    or document when such record, paper or document  is  required
 9    for public use.
10    (Source: P.A. 89-272, eff. 8-10-95.)

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