State of Illinois
92^nd General Assembly
Legislation

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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,
 
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 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 forms processed documents  are  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,
 
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 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 in
15    charge of such records may require a notice in writing to  be
16    submitted  24  hours prior to inspection and may require that
17    such 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 information shall not be considered records under
 
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 1    this  Act. These records shall 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 be
11    done under the supervision of the lawful  custodian  of  said
12    records,  who  has  the right to adopt and enforce reasonable
13    rules governing such work. The work of  photographing  shall,
14    when  possible,  be  done  in  the  room  where  the records,
15    documents  or  instruments  are  kept.  However,  if  in  the
16    judgment of the lawful custodian of the records, documents or
17    instruments, it  would  be  impossible  or  impracticable  to
18    perform  the work in the room in which the records, documents
19    or instruments are kept, the work shall be done in some other
20    room or place as nearly adjacent  as  possible  to  the  room
21    where  kept.  Where the providing of a separate room or place
22    is necessary, the expense of providing for the same shall  be
23    borne  by  the  person  or persons desiring to photograph the
24    records, documents or instruments. The  lawful  custodian  of
25    the records, documents or instruments may charge the same fee
26    for  the  services  rendered  by  him  or  his  assistant  in
27    supervising   the   photographing   as  may  be  charged  for
28    furnishing a certified copy or copies  of  the  said  record,
29    document   or  instrument.  In  the  event  that  the  lawful
30    custodian of said records shall  deem  it  advisable  in  his
31    judgment  to  furnish  photographs  of  such  public records,
32    instruments or documents in lieu of allowing the same  to  be
33    photographed,  then  in such event he may furnish photographs
 
HB4938 Enrolled             -5-               LRB9212998BDcdA
 1    of such records and charge a fee of 35¢  per  page  when  the
 2    page  to be photographed does not exceed legal size and $1.00
 3    per page when the page to be photographed exceeds legal  size
 4    and  where  the  fees  and charges therefor are not otherwise
 5    fixed 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,
10    corporations  or  other  legal  entities who desire access to
11    information not defined as public records or as records  open
12    to  public inspection, but open to the public, as provided in
13    this Act, an affidavit dated and signed by the person  making
14    the  request  or  his  representative,  notarized by a notary
15    public, and containing substantially the following:
16        "Application and Agreement for Release of Information
17        "The Secretary of State, State  of  Illinois,  agrees  to
18    release  the  following  described information subject to the
19    following agreement:
20        "It is hereby agreed by                         ,known as
21    the User,  that  the  information,  lists,  names  and  other
22    material  provided  by  the  Office of the Secretary of State
23    shall  not  be  made  available  to  other  persons,   firms,
24    corporations  or  other legal entities.  The User agrees that
25    it shall  preserve  the  confidentiality  of  any  person  or
26    persons named in these records.
27        "The  information  contained  shall not be exchanged with
28    any other person, firm or corporation for  other  information
29    or  lists  unless the identity of any person or persons named
30    in these  records  has  been  removed.   Such  an  act  shall
31    constitute  a  material  breach  of  this  agreement  and all
32    information previously received by the User shall be returned
33    to the Office of the Secretary of State, State of Illinois.
34        "The  user  understands  that  any  violation   of   this
 
HB4938 Enrolled             -8-               LRB9212998BDcdA
 1    agreement   is   a   Class   A   misdemeanor,  punishable  by
 2    imprisonment in a penal institution other than a penitentiary
 3    for not more than one year or a fine not exceeding $1,000, or
 4    both.
 5        "Description of information:______________________________
 6    _____________________________________________________________
 7    __________________  _________________________________________
 8    Date                Date
 9    __________________  _________________________________________
10    Signature           Signature
11    ____________________  Secretary of State, State of Illinois
12    User or his representative  by
13    __________________________   Director
14    User's name, if not above    Archives and Records Division
15    __________________________
16    User's Address"
17        A violation of the provisions of an agreement under  this
18    paragraph (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.
22        This  Section  shall  not  apply  to  State  colleges and
23    universities 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.
22        This  Section  shall  not  apply  to  State  colleges and
23    universities 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 representatives members: 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    authorized
11    representative;  the  Attorney  General,  or  his  authorized
12    representative; and the State Comptroller, or his  authorized
13    representative.  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,    photography    or
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 reproduction  filming,  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,  or  microphotographic,  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  Archives Library or State Historical Library Museum or
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 for that are not needed in
22    the transaction of current business  and  that  do  not  have
23    sufficient  administrative,  legal or fiscal value to warrant
24    their further preservation. The  head  of  each  agency  also
25    shall  submit lists or schedules proposing the 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,  no
13    later  than April 1, 1992, shall provide the General Assembly
14    with  his  recommendations  for  the   archiving   of   local
15    government 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

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