State of Illinois
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92nd General Assembly

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Public Act 92-0866

HB4938 Re-Enrolled                            LRB9212998BDcdA

    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 2, 3, 3.5, 4, 7, 9, 11, 12, 13, 15, 16, 17, 18, 22c,
and 24 and adding Section 1.5 as follows:

    (5 ILCS 160/1.5 new)
    Sec.  1.5.   Purpose.   Pursuant   to   the   fundamental
philosophy of the American constitutional form of government,
it  is  declared  to  be  the  public  policy of the State of
Illinois (i) that government records are a form  of  property
whose  ownership lies with the citizens and with the State of
Illinois;  (ii)  that  those  records  are  to  be   created,
maintained,  and  administered  in  support  of the rights of
those citizens and the operation of  the  State;  (iii)  that
those  records are, with very few exemptions, to be available
for the use, benefit, and information of  the  citizens;  and
(iv)  that  those  records  may  not  be  disposed of without
compliance to the regulations in this Act.

    (5 ILCS 160/2) (from Ch. 116, par. 43.5)
    Sec. 2. For the purposes of this Act:
    "Secretary" means Secretary of State.
    "Record" or "records" means all books, papers,  digitized
electronic  material,  maps, photographs, databases, or other
official documentary materials, regardless of  physical  form
or  characteristics,  made, produced, executed or received by
any agency in the State in  pursuance  of  state  law  or  in
connection  with  the  transaction  of  public  business  and
preserved  or  appropriate for preservation by that agency or
its successor as  evidence  of  the  organization,  function,
policies,   decisions,   procedures,   operations,  or  other
activities of the  State  or  of  the  State  Government,  or
because  of the informational data contained therein. Library
and museum material made or acquired and preserved solely for
reference or exhibition purposes, extra copies  of  documents
preserved  only  for  convenience of reference, and stocks of
publications and of blank forms processed documents  are  not
included  within  the  definition  of records as used in this
Act. Reports of impaired physicians under  Section  16.04  of
the  Medical  Practice  Act  or  Section  23  of  the Medical
Practice Act of 1987 are not included within  the  definition
of records as used in this Act.
    "Agency"  means all parts, boards, and commissions of the
executive branch of the State government  including  but  not
limited   to   State  colleges  and  universities  and  their
governing boards  and  all  departments  established  by  the
"Civil  Administrative  Code  of  Illinois," as heretofore or
hereafter amended.
    "Public Officer" or "public officers" means all  officers
of the executive branch of the State government, all officers
created  by  the  "Civil Administrative Code of Illinois," as
heretofore or hereafter amended, and all other  officers  and
heads,  presidents,  or  chairmen of boards, commissions, and
agencies of the State government.
    "Commission" means the State Records Commission.
    "Archivist" means the Secretary of State.
(Source: P.A. 85-1209.)

    (5 ILCS 160/3) (from Ch. 116, par. 43.6)
    Sec. 3.  Records as property of State.
    (a)  All records created 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.   These
records   may   not  be  mutilated,  destroyed,  transferred,
removed, or otherwise damaged or disposed of, in whole or  in
part,  except  as  provided by law. Any person shall have the
right of access to any public records, unless access  to  the
records is otherwise limited or prohibited by law.
    (b)  Reports  and records of the obligation,  receipt and
use of public funds of the State are public records available
for inspection by  the  public,  except  as  access  to  such
records is otherwise limited or prohibited by law or pursuant
to law.  These records shall be kept at the official place of
business of the State or at a designated place of business of
the  State.   These  records  shall  be  available for public
inspection  during  regular  office  hours  except  when   in
immediate  use  by  persons  exercising official duties which
require the use of those records. The  person  in  charge  of
such  records may require a notice in writing to be submitted
24 hours prior to inspection and may require that such notice
specify which records are to be inspected.  Nothing  in  this
section  shall  require  the State to invade or assist in the
invasion of any person's right to privacy.  Nothing  in  this
Section  shall  be  construed  to  limit  any  right given by
statute or rule of law with  respect  to  the  inspection  of
other types of records.
    Warrants  and  vouchers  in  the  keeping  of  the  State
Comptroller  may be destroyed by him as authorized in "An Act
in relation to the reproduction and  destruction  of  records
kept  by the Comptroller", approved August 1, 1949, as now or
hereafter amended after obtaining the approval of  the  State
Records Commission.
(Source: P.A. 83-663.)

    (5 ILCS 160/3.5)
    Sec.  3.5.  Confidentiality  of foster placement records.
All records concerning foster  placement  and  foster  parent
identifying information shall not be considered records under
this  Act. These records shall be released only in accordance
with Section 35.3 of the Children and Family Services Act.
(Source: P.A. 90-15, eff. 6-13-97.)

    (5 ILCS 160/4) (from Ch. 116, par. 43.7)
    Sec. 4. Any person shall have the right of access to  any
public  records of the expenditure or receipt of public funds
as defined in Section 3 for the purpose of  obtaining  copies
of the same or of making photographs of the same while in the
possession,  custody  and  control  of  the  lawful custodian
thereof, or his authorized deputy. The photographing shall be
done under the supervision of the lawful  custodian  of  said
records,  who  has  the right to adopt and enforce reasonable
rules governing such work. The work of  photographing  shall,
when  possible,  be  done  in  the  room  where  the records,
documents  or  instruments  are  kept.  However,  if  in  the
judgment of the lawful custodian of the records, documents or
instruments, it  would  be  impossible  or  impracticable  to
perform  the work in the room in which the records, documents
or instruments are kept, the work shall be done in some other
room or place as nearly adjacent  as  possible  to  the  room
where  kept.  Where the providing of a separate room or place
is necessary, the expense of providing for the same shall  be
borne  by  the  person  or persons desiring to photograph the
records, documents or instruments. The  lawful  custodian  of
the records, documents or instruments may charge the same fee
for  the  services  rendered  by  him  or  his  assistant  in
supervising   the   photographing   as  may  be  charged  for
furnishing a certified copy or copies  of  the  said  record,
document   or  instrument.  In  the  event  that  the  lawful
custodian of said records shall  deem  it  advisable  in  his
judgment  to  furnish  photographs  of  such  public records,
instruments or documents in lieu of allowing the same  to  be
photographed,  then  in such event he may furnish photographs
of such records and charge a fee of 35¢  per  page  when  the
page  to be photographed does not exceed legal size and $1.00
per page when the page to be photographed exceeds legal  size
and  where  the  fees  and charges therefor are not otherwise
fixed by law.
(Source: Laws 1957, p. 1687.)

    (5 ILCS 160/7) (from Ch. 116, par. 43.10)
    Sec. 7. The Secretary:
    (1)  whenever it appears to  him  to  be  in  the  public
interest,  may  accept  for deposit in the State Archives the
records of any agency  or  of  the  Legislative  or  Judicial
branches  of  the State government that are determined by him
to have sufficient historical or other value to  warrant  the
permanent  preservation  of  such  records  by  the  State of
Illinois;
    (2)  may  accept  for  deposit  in  the  State   Archives
official   papers,  photographs,  microfilm,  electronic  and
digital records, drawings, maps,  writings,  and  records  of
every   description   of  counties,  municipal  corporations,
political subdivisions and courts of this State, and  records
of  the  federal government pertaining to Illinois, when such
materials are deemed by  the  Secretary  to  have  sufficient
historical   or   other  value  to  warrant  their  continued
preservation by the State of Illinois.
    (3)  whenever he deems it in  the  public  interest,  may
accept  for  deposit  in  the  State  Archives motion picture
films,  still  pictures,  and  sound  recordings   that   are
appropriate  for  preservation  by  the  State  government as
evidence of its organization, functions and policies.
    (4)  shall be responsible for the custody, use, servicing
and withdrawal of records  transferred  for  deposit  in  the
State  Archives.  The  Secretary  shall  observe  any rights,
limitations, or restrictions imposed by law relating  to  the
use of records, including the provisions of the Mental Health
and  Developmental  Disabilities  Confidentiality  Act  which
limit  access  to  certain  records or which permit access to
certain records only after  the  removal  of  all  personally
identifiable  data.  Access to restricted records shall be at
the direction of the depositing State agency or, in the  case
of  records deposited by the legislative or judicial branches
of State government at the  direction  of  the  branch  which
deposited  them,  but no limitation on access to such records
shall extend more than 75 years after  the  creation  of  the
records,   except  as  provided  in  the  Mental  Health  and
Developmental   Disabilities   Confidentiality   Act.     The
Secretary shall not impose restrictions on the use of records
that  are defined by law as public records or as records open
to public inspection;
    (5)  shall   make   provision   for   the   preservation,
arrangement,  repair,  and  rehabilitation,  duplication  and
reproduction,  description,   and   exhibition   of   records
deposited   in  the  State  Archives  as  may  be  needed  or
appropriate;
    (6)  shall make or  reproduce  and  furnish  upon  demand
authenticated   or  unauthenticated  copies  of  any  of  the
documents, photographic material or other  records  deposited
in the State Archives, the public examination of which is not
prohibited   by  statutory  limitations  or  restrictions  or
protected by copyright. The  Secretary  shall  charge  a  fee
therefor  in  accordance with the schedule of fees in Section
10 of "An Act concerning fees and salaries, and  to  classify
the  several  counties of this state with reference thereto,"
approved March 29, 1872, as amended, except that there  shall
be  no  charge for making or authentication of such copies or
reproductions furnished to any department or  agency  of  the
State for official use. When any such copy or reproduction is
authenticated  by the Great Seal of the State of Illinois and
is certified  by  the  Secretary,  or  in  his  name  by  his
authorized representative, such copy or reproduction shall be
admitted in evidence as if it were the original.
    (7)  any  official of the State of Illinois may turn over
to the Secretary of State, with his  consent,  for  permanent
preservation  in  the  State  Archives,  any  official books,
records, documents, original papers, or files, not in current
use in his office, taking a receipt therefor.
    (8)  (Blank).  shall  require  of  all  persons,   firms,
corporations  or  other  legal  entities who desire access to
information not defined as public records or as records  open
to  public inspection, but open to the public, as provided in
this Act, an affidavit dated and signed by the person  making
the  request  or  his  representative,  notarized by a notary
public, and containing substantially the following:
    "Application and Agreement for Release of Information
    "The Secretary of State, State  of  Illinois,  agrees  to
release  the  following  described information subject to the
following agreement:
    "It is hereby agreed by                         ,known as
the User,  that  the  information,  lists,  names  and  other
material  provided  by  the  Office of the Secretary of State
shall  not  be  made  available  to  other  persons,   firms,
corporations  or  other legal entities.  The User agrees that
it shall  preserve  the  confidentiality  of  any  person  or
persons named in these records.
    "The  information  contained  shall not be exchanged with
any other person, firm or corporation for  other  information
or  lists  unless the identity of any person or persons named
in these  records  has  been  removed.   Such  an  act  shall
constitute  a  material  breach  of  this  agreement  and all
information previously received by the User shall be returned
to the Office of the Secretary of State, State of Illinois.
    "The  user  understands  that  any  violation   of   this
agreement   is   a   Class   A   misdemeanor,  punishable  by
imprisonment in a penal institution other than a penitentiary
for not more than one year or a fine not exceeding $1,000, or
both.
    "Description of information:______________________________
_____________________________________________________________
__________________  _________________________________________
Date                Date
__________________  _________________________________________
Signature           Signature
____________________  Secretary of State, State of Illinois
User or his representative  by
__________________________   Director
User's name, if not above    Archives and Records Division
__________________________
User's Address"
    A violation of the provisions of an agreement under  this
paragraph (8) is a Class A misdemeanor.
    (9)  may  cooperate  with the Illinois State Genealogical
Society,  or  its  successor  organization,  for  the  mutual
benefit of the Society and the Illinois State Archives,  with
the State Archives furnishing necessary space for the society
to  carry  on  its functions and keep its records, to receive
publications of the Illinois State Genealogical  Society,  to
use  members  of  the  Illinois State Genealogical Society as
volunteers in various archival  projects  and  to  store  the
Illinois State Genealogical Society's film collections.
(Source: P.A. 85-1238.)

    (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
    (3)  shall provide for compliance with the provisions  of
this Act and the rules and regulations issued thereunder.
    This  Section  shall  not  apply  to  State  colleges and
universities and their governing boards.
(Source: P.A. 83-663.)

    (5 ILCS 160/11) (from Ch. 116, par. 43.14)
    Sec. 11. Violation. 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: Laws 1957, p. 1687.)

    (5 ILCS 160/12) (from Ch. 116, par. 43.15)
    Sec.  12.  The Secretary shall make continuing surveys of
State records management and disposal  practices  and  obtain
reports thereon from agencies and their staff.
(Source: Laws 1957, p. 1687.)

    (5 ILCS 160/13) (from Ch. 116, par. 43.16)
    Sec.  13.  The  Secretary, with due regard to the program
activities of the agencies concerned,  shall  make  provision
for  the  economical  and  efficient management of records of
State   agencies   by   analyzing,   developing,   promoting,
coordinating, and  promulgating  standards,  procedures,  and
techniques  designed to improve the management of records, to
insure  the  maintenance  and  security  of  records   deemed
appropriate   for   preservation,   and   to  facilitate  the
segregation and disposal of records of temporary  value.  The
Secretary  shall  aid  also  in  promoting  the efficient and
economical utilization  of  space,  equipment,  and  supplies
needed for the purpose of creating, maintaining, storing, and
servicing records.
    This  Section  shall  not  apply  to  State  colleges and
universities and their governing boards.
(Source: P.A. 83-663.)

    (5 ILCS 160/15) (from Ch. 116, par. 43.18)
    Sec. 15. The Secretary  shall  establish,  maintain,  and
operate  records centers for the storage, care, and servicing
of records of State agencies pending  their  deposit  in  the
State  Archives  or  the  disposition  of such records in any
other manner authorized by law. The Secretary may  establish,
maintain,  and  operate  centralized microfilming and digital
reproduction services for agencies.
(Source: Laws 1957, p. 1687.)

    (5 ILCS 160/16) (from Ch. 116, par. 43.19)
    Sec. 16.  There is created the State Records  Commission.
The Commission shall consist of the following State officials
or their authorized representatives members: the Secretary of
State,  or his representative, who shall act as chairman; the
State Historian, who shall  serve  as  secretary;  the  State
Treasurer,  or his authorized representative; the Director of
Central    Management    Services,    or    his    authorized
representative;  the  Attorney  General,  or  his  authorized
representative; and the State Comptroller, or his  authorized
representative.  The Commission shall meet whenever called by
the chairman, who shall have no vote on matters considered by
the Commission. It shall be the duty  of  the  Commission  to
determine  what  records  no  longer have any administrative,
fiscal, legal, research, or historical value  and  should  be
destroyed or disposed of otherwise.
(Source: P.A. 82-789.)

    (5 ILCS 160/17) (from Ch. 116, par. 43.20)
    Sec.   17.  Regardless  of  other  authorization  to  the
contrary, no record shall be disposed of by any agency of the
State, unless approval of the  State  Records  Commission  is
first  obtained.  The Commission shall issue regulations, not
inconsistent with this Act, which shall  be  binding  on  all
agencies.  Such  regulations  shall  establish procedures for
compiling  and  submitting  to  the  Commission   lists   and
schedules  of  records  proposed for disposal; procedures for
the physical destruction  or  other  disposition  of  records
proposed  for disposal; and standards for the reproduction of
records   by   digital,    photographic,    photography    or
microphotographic  processes with the view to the disposal of
the original records. Such  standards  shall  relate  to  the
electronic  digital process and format, quality of film used,
preparation of the records for reproduction  filming,  proper
identification  matter  on  the records so that an individual
document or series of documents can be located on the film or
electronic medium with  reasonable  facility,  and  that  the
copies contain all significant record detail, to the end that
the  photographic,  or  microphotographic,  or digital copies
will be adequate.
    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 Museum or
with a historical society, museum or library.
(Source: P.A. 76-1667.)

    (5 ILCS 160/18) (from Ch. 116, par. 43.21)
    Sec. 18. The head of each  agency  shall  submit  to  the
Commission,   in  accordance  with  the  regulations  of  the
Commission, lists or schedules  of  records  in  his  or  her
custody  and  his  or her proposal for 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  also
shall  submit lists or schedules proposing the length of time
each record series  warrants  retention  for  administrative,
legal  or  fiscal  purposes  after  it  has  been  created or
received by the agency.
(Source: Laws 1957, p. 1687.)

    (5 ILCS 160/22c) (from Ch. 116, par. 43.25c)
    Sec. 22c.  The State Archives Advisory Board  shall  also
serve  as  the  Illinois  State  Historical  Records Advisory
Board.  This Board shall:
    (1)  serve as the State advisory body required by federal
agencies to approve historical record grant applications;
    (2)  promote the identification, preservation, access to,
and use of historical records in Illinois; and
    (3)  meet at least once each year.
    The Director of the State Archives  shall  serve  as  the
coordinator  of  this  Board  and  assist  the  Board  in its
functions. The Secretary may appoint  additional  assistants,
who  must be technically qualified and experienced in records
management and historic records preservation, as necessary to
carry out the functions of  this  Board.  The  Secretary,  no
later  than April 1, 1992, shall provide the General Assembly
with  his  recommendations  for  the   archiving   of   local
government documents on optical disk media.
(Source: P.A. 87-825.)

    (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 is guilty of a  Class
B misdemeanor.
(Source: P.A. 77-2221.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
                            INDEX
           Statutes amended in order of appearance
5 ILCS 160/1.5 new
5 ILCS 160/2              from Ch. 116, par. 43.5
5 ILCS 160/3              from Ch. 116, par. 43.6
5 ILCS 160/3.5
5 ILCS 160/4              from Ch. 116, par. 43.7
5 ILCS 160/7              from Ch. 116, par. 43.10
5 ILCS 160/9              from Ch. 116, par. 43.12
5 ILCS 160/11             from Ch. 116, par. 43.14
5 ILCS 160/12             from Ch. 116, par. 43.15
5 ILCS 160/13             from Ch. 116, par. 43.16
5 ILCS 160/15             from Ch. 116, par. 43.18
5 ILCS 160/16             from Ch. 116, par. 43.19
5 ILCS 160/17             from Ch. 116, par. 43.20
5 ILCS 160/18             from Ch. 116, par. 43.21
5 ILCS 160/22c            from Ch. 116, par. 43.25c
5 ILCS 160/24             from Ch. 116, par. 43.27
    Passed in the General Assembly May 08, 2002.
    Governor Amendatory Veto August 02, 2002.
    General Assembly Accepts Amendatory Veto December 04, 2002.
    Returned to Governor for Certification December 11, 2002.
    Governor Certifies Changes January 03, 2003.

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