Public Act 90-0701 of the 90th General Assembly
Public Act 90-0701
HB2864 Enrolled LRB9010049PTsb
AN ACT to amend the Local Records Act by changing Section
7.
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
Section 7 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 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 digitized
electronic format. Those records for which the Commission
has given or does give written approval for disposal after a
retention period of 10 years or less may be digitized and
disposed of providing: (i) the reproduction process forms a
durable medium that accurately and legibly reproduces the
original record in all details and that does not permit
additions, deletions, or changes to the original document
images, (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
digitized record is disposed of. Those records for which the
Commission has given or does give written approval for
disposal after a retention period of more than 10 years or
for which the Commission has required or does require
permanent retention may be digitized and disposed of
providing: (i) the reproduction process forms a durable
medium that accurately and legibly reproduces the original
record in all details and that does not permit additions,
deletions, or changes to the original document images, (ii)
the records are also reproduced in a microfilm format that is
in compliance with Commission regulations and that is
retained for the written retention period, and (iii) the
Commission is notified when the original record is disposed
of and also when the microfilmed 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, Library or State Historical Library, or a
university library, Museum or with a historical society,
museum, or library.
(Source: P.A. 89-272, eff. 8-10-95.)