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92_HB4938
LRB9212998BDcdA
1 AN ACT concerning State records.
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, 3, 3.5, 4, 7, 9, 11, 12, 13, 15, 16, 17, 18, 22c,
6 and 24 and adding Section 1.5 as follows:
7 (5 ILCS 160/1.5 new)
8 Sec. 1.5. Purpose. Pursuant to the fundamental
9 philosophy of the American constitutional form of government,
10 it is declared to be the public policy of the State of
11 Illinois (i) that government records are a form of property
12 whose ownership lies with the citizens and with the State of
13 Illinois; (ii) that those records are to be created,
14 maintained, and administered in support of the rights of
15 those citizens and the operation of the State; (iii) that
16 those records are, with very few exemptions, to be available
17 for the use, benefit, and information of the citizens; and
18 (iv) that those records may not be disposed of without
19 compliance to the regulations in this Act.
20 (5 ILCS 160/2) (from Ch. 116, par. 43.5)
21 Sec. 2. For the purposes of this Act:
22 "Secretary" means Secretary of State.
23 "Record" or "records" means all books, papers, digitized
24 electronic material, maps, photographs, databases, or other
25 official documentary materials, regardless of physical form
26 or characteristics, made, produced, executed or received by
27 any agency in the State in pursuance of state law or in
28 connection with the transaction of public business and
29 preserved or appropriate for preservation by that agency or
30 its successor as evidence of the organization, function,
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1 policies, decisions, procedures, operations, or other
2 activities of the State or of the State Government, or
3 because of the informational data contained therein. Library
4 and museum material made or acquired and preserved solely for
5 reference or exhibition purposes, extra copies of documents
6 preserved only for convenience of reference, and stocks of
7 publications and of blank forms processed documents are not
8 included within the definition of records as used in this
9 Act. Reports of impaired physicians under Section 16.04 of
10 the Medical Practice Act or Section 23 of the Medical
11 Practice Act of 1987 are not included within the definition
12 of records as used in this Act.
13 "Agency" means all parts, boards, and commissions of the
14 executive branch of the State government including but not
15 limited to State colleges and universities and their
16 governing boards and all departments established by the
17 "Civil Administrative Code of Illinois," as heretofore or
18 hereafter amended.
19 "Public Officer" or "public officers" means all officers
20 of the executive branch of the State government, all officers
21 created by the "Civil Administrative Code of Illinois," as
22 heretofore or hereafter amended, and all other officers and
23 heads, presidents, or chairmen of boards, commissions, and
24 agencies of the State government.
25 "Commission" means the State Records Commission.
26 "Archivist" means the Secretary of State.
27 (Source: P.A. 85-1209.)
28 (5 ILCS 160/3) (from Ch. 116, par. 43.6)
29 Sec. 3. Records as property of State. All records
30 created or received by or under the authority of or coming
31 into the custody, control, or possession of public officials
32 of this State in the course of their public duties are the
33 property of the State. These records may not be mutilated,
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1 destroyed, transferred, removed, or otherwise damaged or
2 disposed of, in whole or in part, except as provided by law.
3 Any person shall have the right of access to any public
4 records, unless access to the records is otherwise limited or
5 prohibited by law. Reports and records of the obligation,
6 receipt and use of public funds of the State are public
7 records available for inspection by the public, except as
8 access to such records is otherwise limited or prohibited by
9 law or pursuant to law. These records shall be kept at the
10 official place of business of the State or at a designated
11 place of business of the State. These records shall be
12 available for public inspection during regular office hours
13 except when in immediate use by persons exercising official
14 duties which require the use of those records. The person in
15 charge of such records may require a notice in writing to be
16 submitted 24 hours prior to inspection and may require that
17 such notice specify which records are to be inspected.
18 Nothing in this section shall require the State to invade or
19 assist in the invasion of any person's right to privacy.
20 Nothing in this Section shall be construed to limit any right
21 given by statute or rule of law with respect to the
22 inspection of other types of records.
23 Warrants and vouchers in the keeping of the State
24 Comptroller may be destroyed by him as authorized in "An Act
25 in relation to the reproduction and destruction of records
26 kept by the Comptroller", approved August 1, 1949, as now or
27 hereafter amended after obtaining the approval of the State
28 Records Commission.
29 (Source: P.A. 83-663.)
30 (5 ILCS 160/3.5)
31 Sec. 3.5. Confidentiality of foster placement records.
32 All records concerning foster placement and foster parent
33 identifying information shall not be considered records under
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1 this Act. These records shall be released only in accordance
2 with Section 35.3 of the Children and Family Services Act.
3 (Source: P.A. 90-15, eff. 6-13-97.)
4 (5 ILCS 160/4) (from Ch. 116, par. 43.7)
5 Sec. 4. Any person shall have the right of access to any
6 public records of the expenditure or receipt of public funds
7 as defined in Section 3 for the purpose of obtaining copies
8 of the same or of making photographs of the same while in the
9 possession, custody and control of the lawful custodian
10 thereof, or his authorized deputy. The photographing shall be
11 done under the supervision of the lawful custodian of said
12 records, who has the right to adopt and enforce reasonable
13 rules governing such work. The work of photographing shall,
14 when possible, be done in the room where the records,
15 documents or instruments are kept. However, if in the
16 judgment of the lawful custodian of the records, documents or
17 instruments, it would be impossible or impracticable to
18 perform the work in the room in which the records, documents
19 or instruments are kept, the work shall be done in some other
20 room or place as nearly adjacent as possible to the room
21 where kept. Where the providing of a separate room or place
22 is necessary, the expense of providing for the same shall be
23 borne by the person or persons desiring to photograph the
24 records, documents or instruments. The lawful custodian of
25 the records, documents or instruments may charge the same fee
26 for the services rendered by him or his assistant in
27 supervising the photographing as may be charged for
28 furnishing a certified copy or copies of the said record,
29 document or instrument. In the event that the lawful
30 custodian of said records shall deem it advisable in his
31 judgment to furnish photographs of such public records,
32 instruments or documents in lieu of allowing the same to be
33 photographed, then in such event he may furnish photographs
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1 of such records and charge a fee of 35¢ per page when the
2 page to be photographed does not exceed legal size and $1.00
3 per page when the page to be photographed exceeds legal size
4 and where the fees and charges therefor are not otherwise
5 fixed by law.
6 (Source: Laws 1957, p. 1687.)
7 (5 ILCS 160/7) (from Ch. 116, par. 43.10)
8 Sec. 7. The Secretary:
9 (1) whenever it appears to him to be in the public
10 interest, may accept for deposit in the State Archives the
11 records of any agency or of the Legislative or Judicial
12 branches of the State government that are determined by him
13 to have sufficient historical or other value to warrant the
14 permanent preservation of such records by the State of
15 Illinois;
16 (2) may accept for deposit in the State Archives
17 official papers, photographs, microfilm, electronic and
18 digital records, drawings, maps, writings, and records of
19 every description of counties, municipal corporations,
20 political subdivisions and courts of this State, and records
21 of the federal government pertaining to Illinois, when such
22 materials are deemed by the Secretary to have sufficient
23 historical or other value to warrant their continued
24 preservation by the State of Illinois.
25 (3) whenever he deems it in the public interest, may
26 accept for deposit in the State Archives motion picture
27 films, still pictures, and sound recordings that are
28 appropriate for preservation by the State government as
29 evidence of its organization, functions and policies.
30 (4) shall be responsible for the custody, use, servicing
31 and withdrawal of records transferred for deposit in the
32 State Archives. The Secretary shall observe any rights,
33 limitations, or restrictions imposed by law relating to the
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1 use of records, including the provisions of the Mental Health
2 and Developmental Disabilities Confidentiality Act which
3 limit access to certain records or which permit access to
4 certain records only after the removal of all personally
5 identifiable data. Access to restricted records shall be at
6 the direction of the depositing State agency or, in the case
7 of records deposited by the legislative or judicial branches
8 of State government at the direction of the branch which
9 deposited them, but no limitation on access to such records
10 shall extend more than 75 years after the creation of the
11 records, except as provided in the Mental Health and
12 Developmental Disabilities Confidentiality Act. The
13 Secretary shall not impose restrictions on the use of records
14 that are defined by law as public records or as records open
15 to public inspection;
16 (5) shall make provision for the preservation,
17 arrangement, repair, and rehabilitation, duplication and
18 reproduction, description, and exhibition of records
19 deposited in the State Archives as may be needed or
20 appropriate;
21 (6) shall make or reproduce and furnish upon demand
22 authenticated or unauthenticated copies of any of the
23 documents, photographic material or other records deposited
24 in the State Archives, the public examination of which is not
25 prohibited by statutory limitations or restrictions or
26 protected by copyright. The Secretary shall charge a fee
27 therefor in accordance with the schedule of fees in Section
28 10 of "An Act concerning fees and salaries, and to classify
29 the several counties of this state with reference thereto,"
30 approved March 29, 1872, as amended, except that there shall
31 be no charge for making or authentication of such copies or
32 reproductions furnished to any department or agency of the
33 State for official use. When any such copy or reproduction is
34 authenticated by the Great Seal of the State of Illinois and
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1 is certified by the Secretary, or in his name by his
2 authorized representative, such copy or reproduction shall be
3 admitted in evidence as if it were the original.
4 (7) any official of the State of Illinois may turn over
5 to the Secretary of State, with his consent, for permanent
6 preservation in the State Archives, any official books,
7 records, documents, original papers, or files, not in current
8 use in his office, taking a receipt therefor.
9 (8) (Blank). shall require of all persons, firms,
10 corporations or other legal entities who desire access to
11 information not defined as public records or as records open
12 to public inspection, but open to the public, as provided in
13 this Act, an affidavit dated and signed by the person making
14 the request or his representative, notarized by a notary
15 public, and containing substantially the following:
16 "Application and Agreement for Release of Information
17 "The Secretary of State, State of Illinois, agrees to
18 release the following described information subject to the
19 following agreement:
20 "It is hereby agreed by ,known as
21 the User, that the information, lists, names and other
22 material provided by the Office of the Secretary of State
23 shall not be made available to other persons, firms,
24 corporations or other legal entities. The User agrees that
25 it shall preserve the confidentiality of any person or
26 persons named in these records.
27 "The information contained shall not be exchanged with
28 any other person, firm or corporation for other information
29 or lists unless the identity of any person or persons named
30 in these records has been removed. Such an act shall
31 constitute a material breach of this agreement and all
32 information previously received by the User shall be returned
33 to the Office of the Secretary of State, State of Illinois.
34 "The user understands that any violation of this
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1 agreement is a Class A misdemeanor, punishable by
2 imprisonment in a penal institution other than a penitentiary
3 for not more than one year or a fine not exceeding $1,000, or
4 both.
5 "Description of information:______________________________
6 _____________________________________________________________
7 __________________ _________________________________________
8 Date Date
9 __________________ _________________________________________
10 Signature Signature
11 ____________________ Secretary of State, State of Illinois
12 User or his representative by
13 __________________________ Director
14 User's name, if not above Archives and Records Division
15 __________________________
16 User's Address"
17 A violation of the provisions of an agreement under this
18 paragraph (8) is a Class A misdemeanor.
19 (9) may cooperate with the Illinois State Genealogical
20 Society, or its successor organization, for the mutual
21 benefit of the Society and the Illinois State Archives, with
22 the State Archives furnishing necessary space for the society
23 to carry on its functions and keep its records, to receive
24 publications of the Illinois State Genealogical Society, to
25 use members of the Illinois State Genealogical Society as
26 volunteers in various archival projects and to store the
27 Illinois State Genealogical Society's film collections.
28 (Source: P.A. 85-1238.)
29 (5 ILCS 160/9) (from Ch. 116, par. 43.12)
30 Sec. 9. The head of each agency shall establish, and
31 maintain an active, continuing program for the economical and
32 efficient management of the records of the agency.
33 Such program:
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1 (1) shall provide for effective controls over the
2 creation, maintenance, and use of records in the conduct of
3 current business and shall ensure that agency electronic
4 records, as specified in Section 5-135 of the Electronic
5 Commerce Security Act, are retained in a trustworthy manner
6 so that the records, and the information contained in the
7 records, are accessible and usable for reference for the
8 duration of the retention period; all computer tape or disk
9 maintenance and preservation procedures must be fully applied
10 and, if equipment or programs providing access to the records
11 are updated or replaced, the existing data must remain
12 accessible in the successor format for the duration of the
13 approved retention period;
14 (2) shall provide for cooperation with the Secretary in
15 appointing a records officer and in applying standards,
16 procedures, and techniques to improve the management of
17 records, promote the maintenance and security of records
18 deemed appropriate for preservation, and facilitate the
19 segregation and disposal of records of temporary value; and
20 (3) shall provide for compliance with the provisions of
21 this Act and the rules and regulations issued thereunder.
22 This Section shall not apply to State colleges and
23 universities and their governing boards.
24 (Source: P.A. 83-663.)
25 (5 ILCS 160/11) (from Ch. 116, par. 43.14)
26 Sec. 11. Violation. All records made or received by or
27 under the authority of or coming into the custody, control or
28 possession of public officials of this State in the course of
29 their public duties are the property of the State and shall
30 not be mutilated, destroyed, transferred, removed or
31 otherwise damaged or disposed of, in whole or in part except
32 as provided by law. Any person who knowingly and without
33 lawful authority alters, destroys, defaces, removes, or
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1 conceals any public record commits a Class 4 felony.
2 (Source: Laws 1957, p. 1687.)
3 (5 ILCS 160/12) (from Ch. 116, par. 43.15)
4 Sec. 12. The Secretary shall make continuing surveys of
5 State records management and disposal practices and obtain
6 reports thereon from agencies and their staff.
7 (Source: Laws 1957, p. 1687.)
8 (5 ILCS 160/13) (from Ch. 116, par. 43.16)
9 Sec. 13. The Secretary, with due regard to the program
10 activities of the agencies concerned, shall make provision
11 for the economical and efficient management of records of
12 State agencies by analyzing, developing, promoting,
13 coordinating, and promulgating standards, procedures, and
14 techniques designed to improve the management of records, to
15 insure the maintenance and security of records deemed
16 appropriate for preservation, and to facilitate the
17 segregation and disposal of records of temporary value. The
18 Secretary shall aid also in promoting the efficient and
19 economical utilization of space, equipment, and supplies
20 needed for the purpose of creating, maintaining, storing, and
21 servicing records.
22 This Section shall not apply to State colleges and
23 universities and their governing boards.
24 (Source: P.A. 83-663.)
25 (5 ILCS 160/15) (from Ch. 116, par. 43.18)
26 Sec. 15. The Secretary shall establish, maintain, and
27 operate records centers for the storage, care, and servicing
28 of records of State agencies pending their deposit in the
29 State Archives or the disposition of such records in any
30 other manner authorized by law. The Secretary may establish,
31 maintain, and operate centralized microfilming and digital
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1 reproduction services for agencies.
2 (Source: Laws 1957, p. 1687.)
3 (5 ILCS 160/16) (from Ch. 116, par. 43.19)
4 Sec. 16. There is created the State Records Commission.
5 The Commission shall consist of the following members: The
6 Secretary of State, or his representative, who shall act as
7 chairman; the State Historian, who shall serve as secretary;
8 the State Treasurer, or his authorized representative; the
9 Director of Central Management Services, or his authorized
10 representative; the Attorney General, or his authorized
11 representative; and the State Comptroller, or his authorized
12 representative. The Commission shall meet whenever called by
13 the chairman, who shall have no vote on matters considered by
14 the Commission. It shall be the duty of the Commission to
15 determine what records no longer have any administrative,
16 fiscal, legal, research, or historical value and should be
17 destroyed or disposed of otherwise.
18 (Source: P.A. 82-789.)
19 (5 ILCS 160/17) (from Ch. 116, par. 43.20)
20 Sec. 17. Regardless of other authorization to the
21 contrary, no record shall be disposed of by any agency of the
22 State, unless approval of the State Records Commission is
23 first obtained. The Commission shall issue regulations, not
24 inconsistent with this Act, which shall be binding on all
25 agencies. Such regulations shall establish procedures for
26 compiling and submitting to the Commission lists and
27 schedules of records proposed for disposal; procedures for
28 the physical destruction or other disposition of records
29 proposed for disposal; and standards for the reproduction of
30 records by digital, photographic, photography or
31 microphotographic processes with the view to the disposal of
32 the original records. Such standards shall relate to the
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1 electronic digital process and format, quality of film used,
2 preparation of the records for reproduction filming, proper
3 identification matter on the records so that an individual
4 document or series of documents can be located on the film or
5 electronic medium with reasonable facility, and that the
6 copies contain all significant record detail, to the end that
7 the photographic, or microphotographic, or digital copies
8 will be adequate.
9 Such regulations shall also provide that the State
10 archivist may retain any records which the Commission has
11 authorized to be destroyed, where they have a historical
12 value, and that the State archivist may deposit them in the
13 State Archives Library or State Historical Library Museum or
14 with a historical society, museum or library.
15 (Source: P.A. 76-1667.)
16 (5 ILCS 160/18) (from Ch. 116, par. 43.21)
17 Sec. 18. The head of each agency shall submit to the
18 Commission, in accordance with the regulations of the
19 Commission, lists or schedules of records in his or her
20 custody and his or her proposal for that are not needed in
21 the transaction of current business and that do not have
22 sufficient administrative, legal or fiscal value to warrant
23 their further preservation. The head of each agency also
24 shall submit lists or schedules proposing the length of time
25 each record series warrants retention for administrative,
26 legal or fiscal purposes after it has been created or
27 received by the agency.
28 (Source: Laws 1957, p. 1687.)
29 (5 ILCS 160/22c) (from Ch. 116, par. 43.25c)
30 Sec. 22c. The State Archives Advisory Board shall also
31 serve as the Illinois State Historical Records Advisory
32 Board. This Board shall:
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1 (1) serve as the State advisory body required by federal
2 agencies to approve historical record grant applications;
3 (2) promote the identification, preservation, access to,
4 and use of historical records in Illinois; and
5 (3) meet at least once each year.
6 The Director of the State Archives shall serve as the
7 coordinator of this Board and assist the Board in its
8 functions. The Secretary may appoint additional assistants,
9 who must be technically qualified and experienced in records
10 management and historic records preservation, as necessary to
11 carry out the functions of this Board. The Secretary, no
12 later than April 1, 1992, shall provide the General Assembly
13 with his recommendations for the archiving of local
14 government documents on optical disk media.
15 (Source: P.A. 87-825.)
16 (5 ILCS 160/24) (from Ch. 116, par. 43.27)
17 Sec. 24. Auditor General. The Auditor General shall
18 audit agencies for compliance with this Act when conducting
19 compliance audits and shall report his or her findings to the
20 agency and the Secretary.
21 Any officer or employee who violates the provisions of
22 Section 3 of this Act is guilty of a Class B misdemeanor.
23 (Source: P.A. 77-2221.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 160/1.5 new
4 5 ILCS 160/2 from Ch. 116, par. 43.5
5 5 ILCS 160/3 from Ch. 116, par. 43.6
6 5 ILCS 160/3.5
7 5 ILCS 160/4 from Ch. 116, par. 43.7
8 5 ILCS 160/7 from Ch. 116, par. 43.10
9 5 ILCS 160/9 from Ch. 116, par. 43.12
10 5 ILCS 160/11 from Ch. 116, par. 43.14
11 5 ILCS 160/12 from Ch. 116, par. 43.15
12 5 ILCS 160/13 from Ch. 116, par. 43.16
13 5 ILCS 160/15 from Ch. 116, par. 43.18
14 5 ILCS 160/16 from Ch. 116, par. 43.19
15 5 ILCS 160/17 from Ch. 116, par. 43.20
16 5 ILCS 160/18 from Ch. 116, par. 43.21
17 5 ILCS 160/22c from Ch. 116, par. 43.25c
18 5 ILCS 160/24 from Ch. 116, par. 43.27