HB2385 100TH GENERAL ASSEMBLY

LRB100 08086 AWJ 18172 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2385

Introduced , by Rep. Peter Breen

SYNOPSIS AS INTRODUCED:

50 ILCS 205/17 new

Amends the Local Records Act. Provides that all emails that are in connection with the transaction of public business sent or received by an agency, an employee, staff member, or contractor of an agency, or an officer of an agency are public records regardless if the emails are sent or received on a personal or agency-provided email address. Requires an agency that provides an email address to one or more of its staff members, employees, or contractors to provide an email address for all officers of the agency. Provides that staff members, employees, contractors, and officers shall use agency-provided email for all communications in connection with the transaction of public business. Provides that staff members, employees, contractors, and officers shall promptly forward, print, or otherwise provide any email sent or received on his or her personal email address to his or her agency if the email is in connection with the transaction of public business. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Local Records Act is amended by adding Section 17 as follows:

(50 ILCS 205/17 new)

Sec. 17. Email.

(a) All emails that are in connection with the transaction of public business sent or received by an agency, an employee, staff member, or contractor of an agency, or an officer of an agency are public records regardless of whether the email is sent or received on a personal or agency-provided email address.

(b) If an agency provides an email address to one or more of its staff members, employees, or contractors, it shall provide an email address for all officers of that agency.

(c) If an agency provides an email address to staff members, employees, contractors, or officers, the staff members, employees, contractors, and officers shall use the agency-provided email for all communications in connection with the transaction of public business.

(d) If a staff member, employee, contractor, or officer has an agency-provided email address, the staff member, employee, contractor, or officer shall promptly forward any email sent or received on his or her personal email address to his or her agency-provided email if the email is in connection with the transaction of public business. If the staff member, employee, contractor, or officer does not have an agency-provided email address and receives an email on his or her personal email address that is in connection with the transaction of public business, the staff member, employee, contractor, or officer shall promptly print out or otherwise provide a copy of the email to his or her agency.

Section 99. Effective date. This Act takes effect upon becoming law.