State of Illinois
90th General Assembly
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90_HB2852

      50 ILCS 205/4             from Ch. 116, par. 43.104
          Amends  the  Local  Records  Act.   Provides   that   the
      provisions   concerning  prohibited  dispositions  of  public
      records  are  not  violated  if  converting  a  record  to  a
      photographic, microphotographic, or digitized electronic form
      approved  by  the  local   records   commission.    Effective
      immediately.
                                                     LRB9010214PTsb
                                               LRB9010214PTsb
 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.  Public  records;  State  Archive.   All  public
 9    records  made  or  received by, or under the authority of, or
10    coming into the custody, control or possession of any officer
11    or agency shall not  be  mutilated,  destroyed,  transferred,
12    removed  or  otherwise damaged or disposed of, in whole or in
13    part, except as provided  by  law.  Conversion  of  a  public
14    record  to  a  photographic,  microphotographic, or digitized
15    electronic form approved by  the  appropriate  Local  Records
16    Commission  under  Section  7 for more convenient storage and
17    use of the record by an officer or agency is not a  violation
18    of this Section.
19        Court  records filed with the clerks of the Circuit Court
20    shall be destroyed in accordance  with  the  Supreme  Court's
21    General  Administrative Order on Recordkeeping in the Circuit
22    Courts. The clerks of the Circuit  Courts  shall  notify  the
23    Supreme  Court,  in writing, specifying case records or other
24    documents which they intend to  destroy.  The  Supreme  Court
25    shall review the schedule of items to be destroyed and notify
26    the  appropriate  Local  Records  Commission  of  the Court's
27    intent to destroy such records. The Local Records Commission,
28    within 90 days after receipt of the Supreme  Court's  notice,
29    may  undertake  to  photograph,  microphotograph, or digitize
30    electronically any or all such records and documents, or,  in
31    the  alternative,  may transport such original records to the
                            -2-                LRB9010214PTsb
 1    State  Archives  or  other   storage   location   under   its
 2    supervision.
 3        The  Archivist  may  accept  for  deposit  in  the  State
 4    Archives  or regional depositories official papers, drawings,
 5    maps, writings and records of every description of  counties,
 6    municipal  corporations, political subdivisions and courts of
 7    this State, when such materials are deemed by  the  Archivist
 8    to have sufficient historical or other value to warrant their
 9    continued preservation by the State of Illinois.
10        The  officer  or  clerk depositing such records may, upon
11    request,  obtain  from  the  Archivist,  without  charge,   a
12    certified  copy or reproduction of any specific record, paper
13    or document when such record, paper or document  is  required
14    for public use.
15    (Source: P.A. 89-272, eff. 8-10-95.)
16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.

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