State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ]

90_HB2864enr

      50 ILCS 205/7             from Ch. 116, par. 43.107
          Amends the Local Records  Act.   Provides  that  a  local
      records   commission   shall   establish  standards  for  the
      reproduction of the public records  by  digitized  electronic
      format.   Provides  that  these  standards  shall  not  be so
      restrictive as to unduly prevent officers  or  agencies  from
      using this reproduction method.
                                                     LRB9010049PTsb
HB2864 Enrolled                                LRB9010049PTsb
 1        AN ACT to amend the Local Records Act by changing Section
 2    7.
 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 7 as follows:
 7        (50 ILCS 205/7) (from Ch. 116, par. 43.107)
 8        Sec. 7.  Disposition rules.  Except as otherwise provided
 9    by  law, no public record shall be disposed of by any officer
10    or agency unless the  written  approval  of  the  appropriate
11    Local Records Commission is first obtained.
12        The  Commission  shall  issue  regulations which shall be
13    binding  on  all  such  officers.  Such   regulations   shall
14    establish  procedures  for  compiling  and  submitting to the
15    Commission lists and schedules of public records proposed for
16    disposal; procedures for the physical  destruction  or  other
17    disposition  of  such  public  records; and standards for the
18    reproduction  of  such   public   records   by   photography,
19    microphotographic  processes, or digitized electronic format.
20    Such standards shall relate to the quality of the film to  be
21    used,  preparation  of  the  public  records  for  filming or
22    electronic conversion, proper identification matter  on  such
23    records so that an individual document or series of documents
24    can  be located on the film or digitized electronic form with
25    reasonable  facility,  and  that  the  copies   contain   all
26    significant record detail, to the end that the copies will be
27    adequate.  Any public record may be reproduced in a digitized
28    electronic format.  Those records for  which  the  Commission
29    has  given or does give written approval for disposal after a
30    retention period of 10 years or less  may  be  digitized  and
31    disposed  of  providing: (i) the reproduction process forms a
HB2864 Enrolled             -2-                LRB9010049PTsb
 1    durable medium that accurately  and  legibly  reproduces  the
 2    original  record  in  all  details  and  that does not permit
 3    additions, deletions, or changes  to  the  original  document
 4    images,  (ii) the reproduction is retained for the prescribed
 5    retention period, and (iii) the Commission is  notified  when
 6    the  original  record  is  disposed  of  and  also  when  the
 7    digitized  record is disposed of. Those records for which the
 8    Commission has  given  or  does  give  written  approval  for
 9    disposal  after  a  retention period of more than 10 years or
10    for  which  the  Commission  has  required  or  does  require
11    permanent  retention  may  be  digitized  and   disposed   of
12    providing:  (i)  the  reproduction  process  forms  a durable
13    medium that accurately and legibly  reproduces  the  original
14    record  in  all  details  and that does not permit additions,
15    deletions, or changes to the original document  images,  (ii)
16    the records are also reproduced in a microfilm format that is
17    in   compliance  with  Commission  regulations  and  that  is
18    retained for the written  retention  period,  and  (iii)  the
19    Commission  is  notified when the original record is disposed
20    of and also when the microfilmed record is disposed of.
21        Such  regulations  shall  also  provide  that  the  State
22    archivist may retain any records  which  the  Commission  has
23    authorized  to  be  destroyed,  where  they have a historical
24    value, and that the State archivist may deposit them  in  the
25    State  Archives,  Library  or  State Historical Library, or a
26    university library, Museum  or  with  a  historical  society,
27    museum, or library.
28    (Source: P.A. 89-272, eff. 8-10-95.)

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