SB3645 97TH GENERAL ASSEMBLY

LRB097 16356 KMW 61512 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3645

Introduced 2/10/2012, by Sen. Steven M. Landek

SYNOPSIS AS INTRODUCED:

50 ILCS 205/7	from Ch. 116, par. 43.107
50 ILCS 205/10	from Ch. 116, par. 43.110

Amends the Local Records Act. Provides that the Local Records Commission shall approve certain lists or schedules of public records that have no administrative, legal, research, or historical value and should be disposed of or destroyed. Further provides that upon the approval of the list or schedule, no further approval is necessary prior to the destruction or disposal of any record that is on the list or schedule. Effective immediately.

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 changing Sections 7 and 10 as follows:

(50 ILCS 205/7) (from Ch. 116, par. 43.107)

Sec. 7. Disposition rules. Except as otherwise provided by law, no public record shall be disposed of by any officer or agency unless: (i) the record is destroyed in accordance with a schedule or list that is approved by the Local Records Commission or (ii) the written approval of the appropriate Local Records Commission is first obtained.

The Commission shall issue regulations which shall be binding on all such officers. Such regulations shall establish procedures for compiling and submitting to the Commission lists and schedules of public records proposed for disposal; procedures for the physical destruction or other disposition of such public records; and standards for the reproduction of such public records by photography, microphotographic processes, or digitized electronic format. Such standards shall relate to the quality of the film to be used, preparation of the public records for filming or electronic conversion, proper identification matter on such records so that an individual document or series of documents can be located on the film or digitized electronic form with reasonable facility, and that the copies contain all significant record detail, to the end that the copies will be adequate. Any public record may be reproduced in a microfilm or digitized electronic format. The agency may dispose of the original of any reproduced record providing: (i) the reproduction process forms a durable medium that accurately and legibly reproduces the original record in all details, that does not permit additions, deletions, or changes to the original document images, and, if electronic, that are retained in a trustworthy manner so that the records, and the information contained in the records, are accessible and usable for subsequent reference at all times while the information must be retained, (ii) the reproduction is retained for the prescribed retention period, and (iii) the Commission is notified when the original record is disposed of and also when the reproduced record is disposed of.

Such regulations shall also provide that the State archivist may retain any records which the Commission has authorized to be destroyed, where they have a historical value, and that the State archivist may deposit them in the State Archives, State Historical Library, or a university library, or with a historical society, museum, or library.

(Source: P.A. 90-701, eff. 1-1-99; 91-886, eff. 1-1-01.)

(50 ILCS 205/10) (from Ch. 116, par. 43.110)

Sec. 10. Records having no administrative, legal, or fiscal value.

(a) The head of each agency shall submit to the appropriate Commission, in accordance with the regulations of the Commission, lists or schedules of public records in his custody that are not needed in the transaction of current business and that do not have sufficient administrative, legal or fiscal value to warrant their further preservation. The head of each agency shall also submit lists or schedules proposing the length of time each records series warrants retention for administrative, legal or fiscal purposes after it has been received by the agency.

(b) The Commission shall determine what public records have no administrative, legal, research or historical value and should be destroyed or otherwise disposed of and shall authorize destruction or other disposal thereof. Upon the approval of the list or schedule, no further approval is necessary prior to the destruction or disposal of any record that is on the list or schedule.

(c) No public record shall be destroyed or otherwise disposed of by any Local Records Commission on its own initiative, nor contrary to law. This Section shall not apply to court records as governed by Section 4 of this Act.

(Source: P.A. 85-1278.)

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