HB4229 94TH GENERAL ASSEMBLY

LRB094 15597 JAM 50929 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4229

Introduced 12/07/05, by Rep. Robert F. Flider - Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

5 ILCS 160/9	from Ch. 116, par. 43.12
5 ILCS 160/11	from Ch. 116, par. 43.14
5 ILCS 160/24	from Ch. 116, par. 43.27

Amends the State Records Act. Requires that each agency's program for efficient management of records require shredding as the means of destroying or disposing of records containing personal information unless otherwise provided by the Act. Makes failure to shred a Class B misdemeanor. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State records.

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

Section 5. The State Records Act is amended by changing Sections 9, 11, and 24 as follows:

(5 ILCS 160/9) (from Ch. 116, par. 43.12)

Sec. 9. The head of each agency shall establish, and maintain an active, continuing program for the economical and efficient management of the records of the agency.

Such program:

(1) shall provide for effective controls over the creation, maintenance, and use of records in the conduct of current business and shall ensure that agency electronic records, as specified in Section 5-135 of the Electronic Commerce Security Act, are retained in a trustworthy manner so that the records, and the information contained in the records, are accessible and usable for reference for the duration of the retention period; all computer tape or disk maintenance and preservation procedures must be fully applied and, if equipment or programs providing access to the records are updated or replaced, the existing data must remain accessible in the successor format for the duration of the approved retention period;

(2) shall provide for cooperation with the Secretary in appointing a records officer and in applying standards, procedures, and techniques to improve the management of records, promote the maintenance and security of records deemed appropriate for preservation, and facilitate the segregation and disposal of records of temporary value; and

(2.5) shall require shredding as the means of disposing of or destroying records containing personal information when another means is not provided by this Act; and

(3) shall provide for compliance with the provisions of this Act and the rules and regulations issued thereunder.

(Source: P.A. 92-866, eff. 1-3-03.)

(5 ILCS 160/11) (from Ch. 116, par. 43.14)

Sec. 11. Violation. All All records made or received by or under the authority of or coming into the custody, control or possession of public officials of this State in the course of their public duties are the property of the State and shall not be mutilated, destroyed, transferred, removed or otherwise damaged or disposed of, in whole or in part except as provided by law. Any person who knowingly and without lawful authority alters, destroys, defaces, removes, or conceals any public record commits a Class 4 felony.

(Source: P.A. 92-866, eff. 1-3-03.)

(5 ILCS 160/24) (from Ch. 116, par. 43.27)

Sec. 24. Auditor General. The Auditor General shall audit agencies for compliance with this Act when conducting compliance audits and shall report his or her findings to the agency and the Secretary.

Any officer or employee who violates the provisions of subsection (b) of Section 3 of this Act or who fails to comply with the shredding requirement of an agency's records program under Section 9 of this Act is guilty of a Class B misdemeanor.

(Source: P.A. 92-866, eff. 1-3-03.)

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