Illinois General Assembly - Full Text of HB0362
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Full Text of HB0362  99th General Assembly




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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Records Act is amended by changing
5Section 2 as follows:
6    (5 ILCS 160/2)  (from Ch. 116, par. 43.5)
7    Sec. 2. For the purposes of this Act:
8    "Secretary" means Secretary of State.
9    "Record" or "records" means all books, papers,
10born-digital electronic material, digitized electronic
11material, electronic material with a combination of digitized
12and born-digital material, maps, photographs, databases, or
13other official documentary materials, regardless of physical
14form or characteristics, made, produced, executed or received
15by any agency in the State in pursuance of state law or in
16connection with the transaction of public business and
17preserved or appropriate for preservation by that agency or its
18successor as evidence of the organization, function, policies,
19decisions, procedures, operations, or other activities of the
20State or of the State Government, or because of the
21informational data contained therein. Library and museum
22material made or acquired and preserved solely for reference or
23exhibition purposes, extra copies of documents preserved only



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1for convenience of reference, and stocks of publications and of
2blank forms are not included within the definition of records
3as used in this Act. Reports of impaired physicians under
4Section 16.04 of the Medical Practice Act or Section 23 of the
5Medical Practice Act of 1987 are not included within the
6definition of records as used in this Act.
7    "Born-digital electronic material" means electronic
8material created in digital form rather than converted from
9print or analog form to digital form.
10    "Digitized electronic material" means electronic material
11converted from print or analog form to digital form.
12    "Agency" means all parts, boards, and commissions of the
13executive branch of the State government including but not
14limited to State colleges and universities and their governing
15boards and all departments established by the "Civil
16Administrative Code of Illinois," as heretofore or hereafter
18    "Public Officer" or "public officers" means all officers of
19the executive branch of the State government, all officers
20created by the "Civil Administrative Code of Illinois," as
21heretofore or hereafter amended, and all other officers and
22heads, presidents, or chairmen of boards, commissions, and
23agencies of the State government.
24    "Commission" means the State Records Commission.
25    "Archivist" means the Secretary of State.
26(Source: P.A. 92-866, eff. 1-3-03.)



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1    Section 10. The Local Records Act is amended by changing
2Sections 3, 7, and 12 as follows:
3    (50 ILCS 205/3)  (from Ch. 116, par. 43.103)
4    Sec. 3. Except where the context indicates otherwise, the
5terms used in this Act are defined as follows:
6    "Agency" means any court, and all parts, boards,
7departments, bureaus and commissions of any county, municipal
8corporation or political subdivision.
9    "Archivist" means the Secretary of State.
10    "Born-digital electronic material" means electronic
11material created in digital form rather than converted from
12print or analog form to digital form.
13    "Commission" means a Local Records Commission.
14    "Court" means a court, other than the Supreme Court.
15    "Digitized electronic material" means electronic material
16converted from print or analog form to digital form.
17    "Officer" means any elected or appointed official of a
18court, county, municipal corporation or political subdivision.
19    "Public record" means any book, paper, map, photograph,
20born-digital electronic material, digitized electronic
21material, electronic material with a combination of digitized
22and born-digital material, or other official documentary
23material, regardless of physical form or characteristics,
24made, produced, executed or received by any agency or officer



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1pursuant to law or in connection with the transaction of public
2business and preserved or appropriate for preservation by such
3agency or officer, or any successor thereof, as evidence of the
4organization, function, policies, decisions, procedures, or
5other activities thereof, or because of the informational data
6contained therein. Library and museum material made or acquired
7and preserved solely for reference or exhibition purposes,
8extra copies of documents preserved only for convenience of
9reference, and stocks of publications and of processed
10documents are not included within the definition of public
11record. Paper copies of registration records, as defined in
12Section 1 of the Library Records Confidentiality Act (75 ILCS
1370/1), shall not be considered public records once the
14information contained in the paper registration records is
15transferred into a secure electronic format and checked for
17(Source: P.A. 97-100, eff. 7-14-11.)
18    (50 ILCS 205/7)  (from Ch. 116, par. 43.107)
19    Sec. 7. Disposition rules. Except as otherwise provided by
20law, no public record shall be disposed of by any officer or
21agency unless the written approval of the appropriate Local
22Records Commission is first obtained.
23    The Commission shall issue regulations which shall be
24binding on all such officers. Such regulations shall establish
25procedures for compiling and submitting to the Commission lists



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1and schedules of public records proposed for disposal;
2procedures for the physical destruction or other disposition of
3such public records; procedures for the management and
4preservation of electronically generated and maintained
5records; and standards for the reproduction of such public
6records by photography, microphotographic processes, or
7digitized electronic format. Such standards shall relate to the
8quality of the film to be used, preparation of the public
9records for filming or electronic conversion, proper
10identification matter on such records so that an individual
11document or series of documents can be located on the film or
12digitized electronic form with reasonable facility, and that
13the copies contain all significant record detail, to the end
14that the copies will be adequate. Any public record may be
15reproduced in a microfilm or digitized electronic format. The
16agency may dispose of the original of any reproduced record
17providing: (i) the reproduction process forms a durable medium
18that accurately and legibly reproduces the original record in
19all details, that does not permit additions, deletions, or
20changes to the original document images, and, if electronic,
21that are retained in a trustworthy manner so that the records,
22and the information contained in the records, are accessible
23and usable for subsequent reference at all times while the
24information must be retained, (ii) the reproduction is retained
25for the prescribed retention period, and (iii) the Commission
26is notified when the original record is disposed of and also



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1when the reproduced record is disposed of.
2    Such regulations shall also provide that the State
3archivist may retain any records which the Commission has
4authorized to be destroyed, where they have a historical value,
5and that the State archivist may deposit them in the State
6Archives, State Historical Library, or a university library, or
7with a historical society, museum, or library.
8(Source: P.A. 90-701, eff. 1-1-99; 91-886, eff. 1-1-01.)
9    (50 ILCS 205/12)  (from Ch. 116, par. 43.112)
10    Sec. 12. Both Commissions shall with the assistance of the
11Secretary of State and State Archivist determine what records
12are essential for emergency government operation through
13consultation with all branches of government, state agencies,
14and with the Illinois Emergency Management Agency State
15Civilian Defense agency, to determine what records are
16essential for post-emergency government operation and provide
17for their protection and preservation and provide for the
18security storage or relocation of essential local records in
19the event of an emergency arising from enemy attack or natural
21(Source: Laws 1961, p. 3503.)
22    (50 ILCS 210/Act rep.)
23    Section 15. The Filmed Records Certification Act is



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1    (50 ILCS 215/Act rep.)
2    Section 20. The Filmed Records Destruction Act is repealed.