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92_HB4938enr HB4938 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 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. 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, HB4938 Enrolled -3- LRB9212998BDcdA 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 in15charge of such records may require a notice in writing to be16submitted 24 hours prior to inspection and may require that17such 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 informationshall not be considered records underHB4938 Enrolled -4- LRB9212998BDcdA 1this Act. These recordsshall 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 be11done under the supervision of the lawful custodian of said12records, who has the right to adopt and enforce reasonable13rules governing such work. The work of photographing shall,14when possible, be done in the room where the records,15documents or instruments are kept. However, if in the16judgment of the lawful custodian of the records, documents or17instruments, it would be impossible or impracticable to18perform the work in the room in which the records, documents19or instruments are kept, the work shall be done in some other20room or place as nearly adjacent as possible to the room21where kept. Where the providing of a separate room or place22is necessary, the expense of providing for the same shall be23borne by the person or persons desiring to photograph the24records, documents or instruments. The lawful custodian of25the records, documents or instruments may charge the same fee26for the services rendered by him or his assistant in27supervising the photographing as may be charged for28furnishing a certified copy or copies of the said record,29document or instrument. In the event that the lawful30custodian of said records shall deem it advisable in his31judgment to furnish photographs of such public records,32instruments or documents in lieu of allowing the same to be33photographed, then in such event he may furnish photographsHB4938 Enrolled -5- LRB9212998BDcdA 1of such records and charge a fee of 35¢ per page when the2page to be photographed does not exceed legal size and $1.003per page when the page to be photographed exceeds legal size4and where the fees and charges therefor are not otherwise5fixed 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 HB4938 Enrolled -6- LRB9212998BDcdA 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 HB4938 Enrolled -7- LRB9212998BDcdA 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,10corporations or other legal entities who desire access to11information not defined as public records or as records open12to public inspection, but open to the public, as provided in13this Act, an affidavit dated and signed by the person making14the request or his representative, notarized by a notary15public, and containing substantially the following:16"Application and Agreement for Release of Information17"The Secretary of State, State of Illinois, agrees to18release the following described information subject to the19following agreement:20"It is hereby agreed by ,known as21the User, that the information, lists, names and other22material provided by the Office of the Secretary of State23shall not be made available to other persons, firms,24corporations or other legal entities. The User agrees that25it shall preserve the confidentiality of any person or26persons named in these records.27"The information contained shall not be exchanged with28any other person, firm or corporation for other information29or lists unless the identity of any person or persons named30in these records has been removed. Such an act shall31constitute a material breach of this agreement and all32information previously received by the User shall be returned33to the Office of the Secretary of State, State of Illinois.34"The user understands that any violation of thisHB4938 Enrolled -8- LRB9212998BDcdA 1agreement is a Class A misdemeanor, punishable by2imprisonment in a penal institution other than a penitentiary3for not more than one year or a fine not exceeding $1,000, or4both.5"Description of information:______________________________6_____________________________________________________________7__________________ _________________________________________8Date Date9__________________ _________________________________________10Signature Signature11____________________ Secretary of State, State of Illinois12User or his representative by13__________________________ Director14User's name, if not above Archives and Records Division15__________________________16User's Address"17A violation of the provisions of an agreement under this18paragraph (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: HB4938 Enrolled -9- LRB9212998BDcdA 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. 22This Section shall not apply to State colleges and23universities 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 HB4938 Enrolled -10- LRB9212998BDcdA 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. 22This Section shall not apply to State colleges and23universities 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 HB4938 Enrolled -11- LRB9212998BDcdA 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 State officials 6 or their authorized representativesmembers: the Secretary of 7 State,or his representative,who shall act as chairman; the 8 State Historian, who shall serve as secretary; the State 9 Treasurer, or his authorized representative; the Director of 10 Central Management Services, or his authorized11representative; the Attorney General, or his authorized12representative; and the State Comptroller, or his authorized13representative. The Commission shall meet whenever called by 14 the chairman, who shall have no vote on matters considered by 15 the Commission. It shall be the duty of the Commission to 16 determine what records no longer have any administrative, 17 fiscal, legal, research, or historical value and should be 18 destroyed or disposed of otherwise. 19 (Source: P.A. 82-789.) 20 (5 ILCS 160/17) (from Ch. 116, par. 43.20) 21 Sec. 17. Regardless of other authorization to the 22 contrary, no record shall be disposed of by any agency of the 23 State, unless approval of the State Records Commission is 24 first obtained. The Commission shall issue regulations, not 25 inconsistent with this Act, which shall be binding on all 26 agencies. Such regulations shall establish procedures for 27 compiling and submitting to the Commission lists and 28 schedules of records proposed for disposal; procedures for 29 the physical destruction or other disposition of records 30 proposed for disposal; and standards for the reproduction of 31 records by digital, photographic,photographyor 32 microphotographic processes with the view to the disposal of HB4938 Enrolled -12- LRB9212998BDcdA 1 the original records. Such standards shall relate to the 2 electronic digital process and format, quality of film used, 3 preparation of the records for reproductionfilming, proper 4 identification matter on the records so that an individual 5 document or series of documents can be located on the film or 6 electronic medium with reasonable facility, and that the 7 copies contain all significant record detail, to the end that 8 the photographic,ormicrophotographic, or digital copies 9 will be adequate. 10 Such regulations shall also provide that the State 11 archivist may retain any records which the Commission has 12 authorized to be destroyed, where they have a historical 13 value, and that the State archivist may deposit them in the 14 State ArchivesLibraryor State Historical LibraryMuseumor 15 with a historical society, museum or library. 16 (Source: P.A. 76-1667.) 17 (5 ILCS 160/18) (from Ch. 116, par. 43.21) 18 Sec. 18. The head of each agency shall submit to the 19 Commission, in accordance with the regulations of the 20 Commission, lists or schedules of records in his or her 21 custody and his or her proposal forthat are not needed in22the transaction of current business and that do not have23sufficient administrative, legal or fiscal value to warrant24their further preservation. The head of each agency also25shall submit lists or schedules proposingthe length of time 26 each record series warrants retention for administrative, 27 legal or fiscal purposes after it has been created or 28 received by the agency. 29 (Source: Laws 1957, p. 1687.) 30 (5 ILCS 160/22c) (from Ch. 116, par. 43.25c) 31 Sec. 22c. The State Archives Advisory Board shall also 32 serve as the Illinois State Historical Records Advisory HB4938 Enrolled -13- LRB9212998BDcdA 1 Board. This Board shall: 2 (1) serve as the State advisory body required by federal 3 agencies to approve historical record grant applications; 4 (2) promote the identification, preservation, access to, 5 and use of historical records in Illinois; and 6 (3) meet at least once each year. 7 The Director of the State Archives shall serve as the 8 coordinator of this Board and assist the Board in its 9 functions. The Secretary may appoint additional assistants, 10 who must be technically qualified and experienced in records 11 management and historic records preservation, as necessary to 12 carry out the functions of this Board.The Secretary, no13later than April 1, 1992, shall provide the General Assembly14with his recommendations for the archiving of local15government documents on optical disk media.16 (Source: P.A. 87-825.) 17 (5 ILCS 160/24) (from Ch. 116, par. 43.27) 18 Sec. 24. Auditor General. The Auditor General shall 19 audit agencies for compliance with this Act when conducting 20 compliance audits and shall report his or her findings to the 21 agency and the Secretary. 22 Any officer or employee who violates the provisions of 23 Section 3 of this Act is guilty of a Class B misdemeanor. 24 (Source: P.A. 77-2221.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law. HB4938 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