100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4375

 

Introduced , by Rep. Peter Breen

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Local Government Email Act. Provides that all emails that are in connection with the transaction of public business sent or received by a unit of local government or school district or an employee, staff member, trustee, board member, elected official, or officer of a unit of local government or school district are public records regardless if the emails are sent or received on a personal or unit-provided or district-provided email address. Requires a unit of local government or school district that provides an email address to one or more of its employees, staff members, trustees, board members, elected officials, or officers to provide an email address for all employees, staff members, trustees, board members, elected officials, and officers of the unit of local government or school district. Provides that employees, staff members, trustees, board members, elected officials, or officers shall use unit-provided or district-provided email for all communications in connection with the transaction of public business. Provides that employees, staff members, trustees, board members, elected officials, or officers shall promptly forward, print, or otherwise provide any email sent or received on his or her personal email address to his or her unit of local government or school district if the email is in connection with the transaction of public business. Provides that if an email received on a personal email was carbon copied to a unit-provided and controlled or district-provided and controlled email, a copy of the email does not need to be provided to the unit or district. Effective immediately.


LRB100 17401 AWJ 32567 b

 

 

A BILL FOR

 

HB4375LRB100 17401 AWJ 32567 b

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 1. Short title. This Act may be cited as the Local
5Government Email Act.
 
6    Section 5. Public policy. It is the public policy of the
7State that all emails that are in connection with the
8transaction of public business sent or received by a unit of
9local government or school district or an employee, staff
10member, trustee, board member, elected official, or officer of
11a unit of local government or school district are public
12records regardless of whether the email is sent or received on
13a personal or unit-provided and controlled or
14district-provided and controlled email address.
 
15    Section 10. Emails.
16    (a) If a unit of local government or school district
17provides an email address under its control to one or more of
18its staff members, employees, trustees, board members, elected
19officials, or officers it shall provide an email address under
20its control for all staff members, employees, trustees, board
21members, elected officials, and officers of that unit of local
22government or school district.

 

 

HB4375- 2 -LRB100 17401 AWJ 32567 b

1    (b) If a unit of local government or school district
2provides an email address under its control to staff members,
3employees, trustees, board members, elected officials, or
4officers, the staff members, employees, trustees, board
5members, elected officials, and officers shall use the
6unit-provided and controlled or district-provided and
7controlled email for all communications in connection with the
8transaction of public business.
9    (c) If a staff member, employee, trustee, board member,
10elected official, or officer of a unit of local government or
11school district has a unit-provided and controlled or
12district-provided and controlled email address, the staff
13member, employee, trustee, board member, elected official, or
14officer shall promptly forward any email sent or received on
15his or her personal email address to his or her unit-provided
16and controlled or district-provided and controlled email if the
17email is in connection with the transaction of public business.
18If the staff member, employee, trustee, board member, elected
19official, or officer does not have a unit-provided and
20controlled or district-provided and controlled email address
21and receives an email on his or her personal email address that
22is in connection with the transaction of public business and
23that was not received from or carbon copied to another
24unit-provided and controlled or district-provided and
25controlled email address, the staff member, employee, trustee,
26board member, elected official, or officer shall promptly

 

 

HB4375- 3 -LRB100 17401 AWJ 32567 b

1provide a copy of the email to his or her unit of local
2government or school district.
 
3    Section 15. Obligations under existing law. Obligations
4under this Act are in addition to and do not in any way alter
5any other obligations under existing law.
 
6    Section 97. Applicability. The requirements of this Act
7apply prospectively.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.