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92_HB4938ren HB4938 Re-Enrolled 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, HB4938 Re-Enrolled -2- LRB9212998BDcdA 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 formsprocessed documentsare 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. 30 (a) All records created or received by or under the 31 authority of or coming into the custody, control, or 32 possession of public officials of this State in the course of 33 their public duties are the property of the State. These HB4938 Re-Enrolled -3- LRB9212998BDcdA 1 records may not be mutilated, destroyed, transferred, 2 removed, or otherwise damaged or disposed of, in whole or in 3 part, except as provided by law. Any person shall have the 4 right of access to any public records, unless access to the 5 records is otherwise limited or prohibited by law. 6 (b) Reports and records of the obligation, receipt and 7 use of public funds of the State are public records available 8 for inspection by the public, except as access to such 9 records is otherwise limited or prohibited by law or pursuant 10 to law. These records shall be kept at the official place of 11 business of the State or at a designated place of business of 12 the State. These records shall be available for public 13 inspection during regular office hours except when in 14 immediate use by persons exercising official duties which 15 require the use of those records.The person in charge of16such records may require a notice in writing to be submitted1724 hours prior to inspection and may require that such notice18specify which records are to be inspected.Nothing in this 19 section shall require the State to invade or assist in the 20 invasion of any person's right to privacy. Nothing in this 21 Section shall be construed to limit any right given by 22 statute or rule of law with respect to the inspection of 23 other types of records. 24 Warrants and vouchers in the keeping of the State 25 Comptroller may be destroyed by him as authorized in "An Act 26 in relation to the reproduction and destruction of records 27 kept by the Comptroller", approved August 1, 1949, as now or 28 hereafter amended after obtaining the approval of the State 29 Records Commission. 30 (Source: P.A. 83-663.) 31 (5 ILCS 160/3.5) 32 Sec. 3.5. Confidentiality of foster placement records. 33 All records concerning foster placement and foster parent HB4938 Re-Enrolled -4- LRB9212998BDcdA 1 identifying informationshall not be considered records under2this Act. These recordsshall be released only in accordance 3 with Section 35.3 of the Children and Family Services Act. 4 (Source: P.A. 90-15, eff. 6-13-97.) 5 (5 ILCS 160/4) (from Ch. 116, par. 43.7) 6 Sec. 4. Any person shall have the right of access to any 7 public records of the expenditure or receipt of public funds 8 as defined in Section 3 for the purpose of obtaining copies 9 of the same or of making photographs of the same while in the 10 possession, custody and control of the lawful custodian 11 thereof, or his authorized deputy.The photographing shall be12done under the supervision of the lawful custodian of said13records, who has the right to adopt and enforce reasonable14rules governing such work. The work of photographing shall,15when possible, be done in the room where the records,16documents or instruments are kept. However, if in the17judgment of the lawful custodian of the records, documents or18instruments, it would be impossible or impracticable to19perform the work in the room in which the records, documents20or instruments are kept, the work shall be done in some other21room or place as nearly adjacent as possible to the room22where kept. Where the providing of a separate room or place23is necessary, the expense of providing for the same shall be24borne by the person or persons desiring to photograph the25records, documents or instruments. The lawful custodian of26the records, documents or instruments may charge the same fee27for the services rendered by him or his assistant in28supervising the photographing as may be charged for29furnishing a certified copy or copies of the said record,30document or instrument. In the event that the lawful31custodian of said records shall deem it advisable in his32judgment to furnish photographs of such public records,33instruments or documents in lieu of allowing the same to beHB4938 Re-Enrolled -5- LRB9212998BDcdA 1photographed, then in such event he may furnish photographs2of such records and charge a fee of 35¢ per page when the3page to be photographed does not exceed legal size and $1.004per page when the page to be photographed exceeds legal size5and where the fees and charges therefor are not otherwise6fixed by law.7 (Source: Laws 1957, p. 1687.) 8 (5 ILCS 160/7) (from Ch. 116, par. 43.10) 9 Sec. 7. The Secretary: 10 (1) whenever it appears to him to be in the public 11 interest, may accept for deposit in the State Archives the 12 records of any agency or of the Legislative or Judicial 13 branches of the State government that are determined by him 14 to have sufficient historical or other value to warrant the 15 permanent preservation of such records by the State of 16 Illinois; 17 (2) may accept for deposit in the State Archives 18 official papers, photographs, microfilm, electronic and 19 digital records, drawings, maps, writings, and records of 20 every description of counties, municipal corporations, 21 political subdivisions and courts of this State, and records 22 of the federal government pertaining to Illinois, when such 23 materials are deemed by the Secretary to have sufficient 24 historical or other value to warrant their continued 25 preservation by the State of Illinois. 26 (3) whenever he deems it in the public interest, may 27 accept for deposit in the State Archives motion picture 28 films, still pictures, and sound recordings that are 29 appropriate for preservation by the State government as 30 evidence of its organization, functions and policies. 31 (4) shall be responsible for the custody, use, servicing 32 and withdrawal of records transferred for deposit in the 33 State Archives. The Secretary shall observe any rights, HB4938 Re-Enrolled -6- LRB9212998BDcdA 1 limitations, or restrictions imposed by law relating to the 2 use of records, including the provisions of the Mental Health 3 and Developmental Disabilities Confidentiality Act which 4 limit access to certain records or which permit access to 5 certain records only after the removal of all personally 6 identifiable data. Access to restricted records shall be at 7 the direction of the depositing State agency or, in the case 8 of records deposited by the legislative or judicial branches 9 of State government at the direction of the branch which 10 deposited them, but no limitation on access to such records 11 shall extend more than 75 years after the creation of the 12 records, except as provided in the Mental Health and 13 Developmental Disabilities Confidentiality Act. The 14 Secretary shall not impose restrictions on the use of records 15 that are defined by law as public records or as records open 16 to public inspection; 17 (5) shall make provision for the preservation, 18 arrangement, repair, and rehabilitation, duplication and 19 reproduction, description, and exhibition of records 20 deposited in the State Archives as may be needed or 21 appropriate; 22 (6) shall make or reproduce and furnish upon demand 23 authenticated or unauthenticated copies of any of the 24 documents, photographic material or other records deposited 25 in the State Archives, the public examination of which is not 26 prohibited by statutory limitations or restrictions or 27 protected by copyright. The Secretary shall charge a fee 28 therefor in accordance with the schedule of fees in Section 29 10 of "An Act concerning fees and salaries, and to classify 30 the several counties of this state with reference thereto," 31 approved March 29, 1872, as amended, except that there shall 32 be no charge for making or authentication of such copies or 33 reproductions furnished to any department or agency of the 34 State for official use. When any such copy or reproduction is HB4938 Re-Enrolled -7- LRB9212998BDcdA 1 authenticated by the Great Seal of the State of Illinois and 2 is certified by the Secretary, or in his name by his 3 authorized representative, such copy or reproduction shall be 4 admitted in evidence as if it were the original. 5 (7) any official of the State of Illinois may turn over 6 to the Secretary of State, with his consent, for permanent 7 preservation in the State Archives, any official books, 8 records, documents, original papers, or files, not in current 9 use in his office, taking a receipt therefor. 10 (8) (Blank).shall require of all persons, firms,11corporations or other legal entities who desire access to12information not defined as public records or as records open13to public inspection, but open to the public, as provided in14this Act, an affidavit dated and signed by the person making15the request or his representative, notarized by a notary16public, and containing substantially the following:17"Application and Agreement for Release of Information18"The Secretary of State, State of Illinois, agrees to19release the following described information subject to the20following agreement:21"It is hereby agreed by ,known as22the User, that the information, lists, names and other23material provided by the Office of the Secretary of State24shall not be made available to other persons, firms,25corporations or other legal entities. The User agrees that26it shall preserve the confidentiality of any person or27persons named in these records.28"The information contained shall not be exchanged with29any other person, firm or corporation for other information30or lists unless the identity of any person or persons named31in these records has been removed. Such an act shall32constitute a material breach of this agreement and all33information previously received by the User shall be returned34to the Office of the Secretary of State, State of Illinois.HB4938 Re-Enrolled -8- LRB9212998BDcdA 1"The user understands that any violation of this2agreement is a Class A misdemeanor, punishable by3imprisonment in a penal institution other than a penitentiary4for not more than one year or a fine not exceeding $1,000, or5both.6"Description of information:______________________________7_____________________________________________________________8__________________ _________________________________________9Date Date10__________________ _________________________________________11Signature Signature12____________________ Secretary of State, State of Illinois13User or his representative by14__________________________ Director15User's name, if not above Archives and Records Division16__________________________17User's Address"18A violation of the provisions of an agreement under this19paragraph (8) is a Class A misdemeanor.20 (9) may cooperate with the Illinois State Genealogical 21 Society, or its successor organization, for the mutual 22 benefit of the Society and the Illinois State Archives, with 23 the State Archives furnishing necessary space for the society 24 to carry on its functions and keep its records, to receive 25 publications of the Illinois State Genealogical Society, to 26 use members of the Illinois State Genealogical Society as 27 volunteers in various archival projects and to store the 28 Illinois State Genealogical Society's film collections. 29 (Source: P.A. 85-1238.) 30 (5 ILCS 160/9) (from Ch. 116, par. 43.12) 31 Sec. 9. The head of each agency shall establish, and 32 maintain an active, continuing program for the economical and 33 efficient management of the records of the agency. HB4938 Re-Enrolled -9- LRB9212998BDcdA 1 Such program: 2 (1) shall provide for effective controls over the 3 creation, maintenance, and use of records in the conduct of 4 current business and shall ensure that agency electronic 5 records, as specified in Section 5-135 of the Electronic 6 Commerce Security Act, are retained in a trustworthy manner 7 so that the records, and the information contained in the 8 records, are accessible and usable for reference for the 9 duration of the retention period; all computer tape or disk 10 maintenance and preservation procedures must be fully applied 11 and, if equipment or programs providing access to the records 12 are updated or replaced, the existing data must remain 13 accessible in the successor format for the duration of the 14 approved retention period; 15 (2) shall provide for cooperation with the Secretary in 16 appointing a records officer and in applying standards, 17 procedures, and techniques to improve the management of 18 records, promote the maintenance and security of records 19 deemed appropriate for preservation, and facilitate the 20 segregation and disposal of records of temporary value; and 21 (3) shall provide for compliance with the provisions of 22 this Act and the rules and regulations issued thereunder. 23This Section shall not apply to State colleges and24universities and their governing boards.25 (Source: P.A. 83-663.) 26 (5 ILCS 160/11) (from Ch. 116, par. 43.14) 27 Sec. 11. Violation. All records made or received by or 28 under the authority of or coming into the custody, control or 29 possession of public officials of this State in the course of 30 their public duties are the property of the State and shall 31 not be mutilated, destroyed, transferred, removed or 32 otherwise damaged or disposed of, in whole or in part except 33 as provided by law. Any person who knowingly and without HB4938 Re-Enrolled -10- LRB9212998BDcdA 1 lawful authority alters, destroys, defaces, removes, or 2 conceals any public record commits a Class 4 felony. 3 (Source: Laws 1957, p. 1687.) 4 (5 ILCS 160/12) (from Ch. 116, par. 43.15) 5 Sec. 12. The Secretary shall make continuing surveys of 6 State records management and disposal practices and obtain 7 reports thereon from agencies and their staff. 8 (Source: Laws 1957, p. 1687.) 9 (5 ILCS 160/13) (from Ch. 116, par. 43.16) 10 Sec. 13. The Secretary, with due regard to the program 11 activities of the agencies concerned, shall make provision 12 for the economical and efficient management of records of 13 State agencies by analyzing, developing, promoting, 14 coordinating, and promulgating standards, procedures, and 15 techniques designed to improve the management of records, to 16 insure the maintenance and security of records deemed 17 appropriate for preservation, and to facilitate the 18 segregation and disposal of records of temporary value. The 19 Secretary shall aid also in promoting the efficient and 20 economical utilization of space, equipment, and supplies 21 needed for the purpose of creating, maintaining, storing, and 22 servicing records. 23This Section shall not apply to State colleges and24universities and their governing boards.25 (Source: P.A. 83-663.) 26 (5 ILCS 160/15) (from Ch. 116, par. 43.18) 27 Sec. 15. The Secretary shall establish, maintain, and 28 operate records centers for the storage, care, and servicing 29 of records of State agencies pending their deposit in the 30 State Archives or the disposition of such records in any 31 other manner authorized by law. The Secretary may establish, HB4938 Re-Enrolled -11- LRB9212998BDcdA 1 maintain, and operate centralized microfilming and digital 2 reproduction services for agencies. 3 (Source: Laws 1957, p. 1687.) 4 (5 ILCS 160/16) (from Ch. 116, par. 43.19) 5 Sec. 16. There is created the State Records Commission. 6 The Commission shall consist of the following State officials 7 or their authorized representativesmembers: the Secretary of 8 State,or his representative,who shall act as chairman; the 9 State Historian, who shall serve as secretary; the State 10 Treasurer, or his authorized representative; the Director of 11 Central Management Services, or his authorized12representative; the Attorney General, or his authorized13representative; and the State Comptroller, or his authorized14representative. The Commission shall meet whenever called by 15 the chairman, who shall have no vote on matters considered by 16 the Commission. It shall be the duty of the Commission to 17 determine what records no longer have any administrative, 18 fiscal, legal, research, or historical value and should be 19 destroyed or disposed of otherwise. 20 (Source: P.A. 82-789.) 21 (5 ILCS 160/17) (from Ch. 116, par. 43.20) 22 Sec. 17. Regardless of other authorization to the 23 contrary, no record shall be disposed of by any agency of the 24 State, unless approval of the State Records Commission is 25 first obtained. The Commission shall issue regulations, not 26 inconsistent with this Act, which shall be binding on all 27 agencies. Such regulations shall establish procedures for 28 compiling and submitting to the Commission lists and 29 schedules of records proposed for disposal; procedures for 30 the physical destruction or other disposition of records 31 proposed for disposal; and standards for the reproduction of 32 records by digital, photographic,photographyor HB4938 Re-Enrolled -12- LRB9212998BDcdA 1 microphotographic processes with the view to the disposal of 2 the original records. Such standards shall relate to the 3 electronic digital process and format, quality of film used, 4 preparation of the records for reproductionfilming, proper 5 identification matter on the records so that an individual 6 document or series of documents can be located on the film or 7 electronic medium with reasonable facility, and that the 8 copies contain all significant record detail, to the end that 9 the photographic,ormicrophotographic, or digital copies 10 will be adequate. 11 Such regulations shall also provide that the State 12 archivist may retain any records which the Commission has 13 authorized to be destroyed, where they have a historical 14 value, and that the State archivist may deposit them in the 15 State ArchivesLibraryor State Historical LibraryMuseumor 16 with a historical society, museum or library. 17 (Source: P.A. 76-1667.) 18 (5 ILCS 160/18) (from Ch. 116, par. 43.21) 19 Sec. 18. The head of each agency shall submit to the 20 Commission, in accordance with the regulations of the 21 Commission, lists or schedules of records in his or her 22 custody and his or her proposal forthat are not needed in23the transaction of current business and that do not have24sufficient administrative, legal or fiscal value to warrant25their further preservation. The head of each agency also26shall submit lists or schedules proposingthe length of time 27 each record series warrants retention for administrative, 28 legal or fiscal purposes after it has been created or 29 received by the agency. 30 (Source: Laws 1957, p. 1687.) 31 (5 ILCS 160/22c) (from Ch. 116, par. 43.25c) 32 Sec. 22c. The State Archives Advisory Board shall also HB4938 Re-Enrolled -13- LRB9212998BDcdA 1 serve as the Illinois State Historical Records Advisory 2 Board. This Board shall: 3 (1) serve as the State advisory body required by federal 4 agencies to approve historical record grant applications; 5 (2) promote the identification, preservation, access to, 6 and use of historical records in Illinois; and 7 (3) meet at least once each year. 8 The Director of the State Archives shall serve as the 9 coordinator of this Board and assist the Board in its 10 functions. The Secretary may appoint additional assistants, 11 who must be technically qualified and experienced in records 12 management and historic records preservation, as necessary to 13 carry out the functions of this Board.The Secretary, no14later than April 1, 1992, shall provide the General Assembly15with his recommendations for the archiving of local16government documents on optical disk media.17 (Source: P.A. 87-825.) 18 (5 ILCS 160/24) (from Ch. 116, par. 43.27) 19 Sec. 24. Auditor General. The Auditor General shall 20 audit agencies for compliance with this Act when conducting 21 compliance audits and shall report his or her findings to the 22 agency and the Secretary. 23 Any officer or employee who violates the provisions of 24 subsection (b) of Section 3 of this Act is guilty of a Class 25 B misdemeanor. 26 (Source: P.A. 77-2221.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law. HB4938 Re-Enrolled -14- LRB9212998BDcdA 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