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91_HB3165
LRB9110092JMdv
1 AN ACT to amend the state Records Act.
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, 9, 15, 17, and 18 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 all books, papers, digitized
10 electronic material, maps, photographs, databases, or other
11 official documentary materials, regardless of physical form
12 or characteristics, made, produced, executed or received by
13 any agency in the State in pursuance of state law or in
14 connection with the transaction of public business and
15 preserved or appropriate for preservation by that agency or
16 its successor as evidence of the organization, function,
17 policies, decisions, procedures, operations, or other
18 activities of the State or of the State Government, or
19 because of the informational data contained therein. Library
20 and museum material made or acquired and preserved solely for
21 reference or exhibition purposes, extra copies of documents
22 preserved only for convenience of reference, and stocks of
23 publications and of processed documents are not included
24 within the definition of records as used in this Act. Reports
25 of impaired physicians under Section 16.04 of the Medical
26 Practice Act or Section 23 of the Medical Practice Act of
27 1987 are not included within the definition of records as
28 used in this Act.
29 "Agency" means all parts, boards, and commissions of the
30 executive branch of the State government including but not
31 limited to State colleges and universities and their
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1 governing boards and all departments established by the
2 "Civil Administrative Code of Illinois," as heretofore or
3 hereafter amended.
4 "Public Officer" or "public officers" means all officers
5 of the executive branch of the State government, all officers
6 created by the "Civil Administrative Code of Illinois," as
7 heretofore or hereafter amended, and all other officers and
8 heads, presidents, or chairmen of boards, commissions, and
9 agencies of the State government.
10 "Commission" means the State Records Commission.
11 "Archivist" means the Secretary of State.
12 (Source: P.A. 85-1209.)
13 (5 ILCS 160/9) (from Ch. 116, par. 43.12)
14 Sec. 9. The head of each agency shall establish, and
15 maintain an active, continuing program for the economical and
16 efficient management of the records of the agency.
17 Such program:
18 (1) shall provide for effective controls over the
19 creation, maintenance, and use of records in the conduct of
20 current business; and agency electronic records, as specified
21 in Section 5-135 of the Electronic Commerce Security Act,
22 shall be retained in a trustworthy manner so that the
23 records, and the information contained in the records, are
24 accessible so as to be usable for subsequent reference at all
25 times while the information must be retained;
26 (2) shall provide for cooperation with the Secretary in
27 applying standards, procedures, and techniques to improve the
28 management of records, promote the maintenance and security
29 of records deemed appropriate for preservation, and
30 facilitate the segregation and disposal of records of
31 temporary value;
32 (3) shall provide for compliance with the provisions of
33 this Act and the rules and regulations issued thereunder.
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1 This Section shall not apply to State colleges and
2 universities and their governing boards.
3 (Source: P.A. 83-663.)
4 (5 ILCS 160/15) (from Ch. 116, par. 43.18)
5 Sec. 15. The Secretary shall establish, maintain, and
6 operate records centers for the storage, care, and servicing
7 of records of State agencies pending their deposit in the
8 State Archives or the disposition of such records in any
9 other manner authorized by law. The Secretary may establish,
10 maintain, and operate centralized microfilming and digital
11 reproduction services for agencies.
12 (Source: Laws 1957, p. 1687.)
13 (5 ILCS 160/17) (from Ch. 116, par. 43.20)
14 Sec. 17. Regardless of other authorization to the
15 contrary, no record shall be disposed of by any agency of the
16 State, unless approval of the State Records Commission is
17 first obtained. The Commission shall issue regulations, not
18 inconsistent with this Act, which shall be binding on all
19 agencies. Such regulations shall establish procedures for
20 compiling and submitting to the Commission lists and
21 schedules of records proposed for disposal; procedures for
22 the physical destruction or other disposition of records
23 proposed for disposal; and standards for the reproduction of
24 records by photography or microphotographic processes with
25 the view to the disposal of the original records. Such
26 standards shall relate to the quality of film used,
27 preparation of the records for filming, proper identification
28 matter on the records so that an individual document or
29 series of documents can be located on the film with
30 reasonable facility, and that the copies contain all
31 significant record detail, to the end that the photographic
32 or microphotographic copies will be adequate.
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1 Such regulations shall also provide that the State
2 archivist may retain any records which the Commission has
3 authorized to be destroyed, where they have a historical
4 value, and that the State archivist may deposit them in the
5 State Archives Library or State Historical Library Museum or
6 with a historical society, museum or library.
7 (Source: P.A. 76-1667.)
8 (5 ILCS 160/18) (from Ch. 116, par. 43.21)
9 Sec. 18. The head of each agency shall submit to the
10 Commission, in accordance with the regulations of the
11 Commission, lists or schedules of records in his custody that
12 are not needed in the transaction of current business and
13 that do not have sufficient administrative, legal or fiscal
14 value to warrant their further preservation. The head of each
15 agency also shall submit lists or schedules proposing the
16 length of time each record series warrants retention for
17 administrative, legal or fiscal purposes after it has been
18 created or received by the agency.
19 (Source: Laws 1957, p. 1687.)