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Public Act 096-1363


 

Public Act 1363 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1363
 
SB2630 EnrolledLRB096 18379 RCE 33756 b

    AN ACT concerning electronic records.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Government Electronic Records Act.
 
    Section 5. Policy. It is the policy of the State of
Illinois to support efforts to reduce government's use of our
natural resources and to look for ways to implement
efficiencies. Government agencies should look for ways to
employ practices that allow for either or both of the
following: (1) electronic storage of documents and (2)
electronic transfer of documents. These environmentally
friendly practices will reduce the State's reliance on paper
and may ultimately save the State money.
 
    Section 10. Definitions.
    "Board" means the Electronic Records Advisory Board.
    "Electronic transfer" means transfer of documents or
reports by electronic means. Appropriate electronic transfer
includes, but is not limited to, transfer by electronic mail,
facsimile transmission, or posting downloadable versions on an
Internet website, with electronic notice of the posting.
    "Government 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.
    "Record" has the meaning ascribed to it in the Illinois
State Records Act (5 ILCS 160/).
 
    Section 15. Electronic records.
    (a) A record created in an electronic format is considered
the same as and has the same force and effect as those records
not produced by electronic means.
    (b) Nothing in this Act requires any government agency or
person to use an electronic record or an electronic signature
if doing so could jeopardize the efficient operation of State
government.
    (c) Notwithstanding the requirements of this Act,
government agencies that obtain, store, or use electronic
records shall not refuse to accept hard copy, non-electronic
forms and reports, and other paper documents for submission or
filing, except as otherwise provided by law or administrative
rule.
    (d) Any government agency that uses electronic records
shall allow any person or entity to have access to copies of
those records as permitted by the Illinois Freedom of
Information Act (5 ILCS 140/) or other applicable law, in paper
form in accordance with the fees prescribed by statute.
 
    Section 20. Electronic transfer of records.
Notwithstanding any law to the contrary, all government
agencies are encouraged to employ electronic means of
transferring records when appropriate. Government agencies may
send by electronic transmission any document, report, or record
that State law would otherwise require to be placed in the U.S.
mail. Those electronic records shall be protected as required
by the Electronic Commerce Security Act (5 ILCS 175/).
 
    Section 25. Electronic retention of documents. All
government agencies are encouraged to employ electronic means
of creating and retaining State records. Electronic retention
of records shall be in accordance with the State Records Act (5
ILCS 160/) and with administrative rules.
 
    Section 30. Electronic Records Advisory Board.
    (a) To assist government agencies in developing and
implementing electronic means of creating and retaining
electronic records, the Electronic Records Advisory Board is
created. The Board's purpose is to make a formal recommendation
related to the use and retention of electronic records. The
Board shall consist of 10 members as follows:
        (1) the Treasurer or his or her designee.
        (2) the Secretary of State or his or her designee.
        (3) the Governor or his or her designee.
        (4) the Attorney General or his or her designee.
        (5) the Comptroller or his or her designee.
        (6) the Director of Central Management Services or his
    or her designee.
        (7) the University of Illinois President or his or her
    designee.
        (8) the Department of Central Management Services'
    Director of the Bureau of Communication and Computer
    Services or his or her designee.
        (9) the Director of the Illinois State Archives or his
    or her designee.
        (10) the Secretary of Transportation or his or her
    designee.
    (b) Once convened, the Board shall select a chairperson
from its membership. Board members who are not State employees
shall receive no compensation for their services. A quorum of
the Board shall meet no less than 4 times, and the first
meeting shall take place no less than 60 days after the
effective date of this Act. The meetings are subject to the
requirements of the Open Meetings Act (5 ILCS 120/). The
Treasurer's office shall provide administrative support for
the creation, dissemination, retention, and disposition of
Board meeting agendas, minutes, and supporting materials.
    (c) By July 1, 2011, the Electronic Records Advisory Board
shall produce a report recommending policies, guidelines, and
best practices on specific electronic records management
issues including, but not limited to, the following:
        (1) long-term maintenance of electronic records;
        (2) management of electronic files in a networked
    environment;
        (3) recordkeeping issues in information system
    development;
        (4) log file management;
        (5) management and preservation of web-based records;
    and
        (6) retention periods for electronic records.
    The Board shall submit its policies, guidelines, and best
practices recommendations to the Secretary of State and the
State Records Commission. Within 45 days after the date of this
report, the Secretary of State shall post the Board's
recommendations on the Secretary's Internet website and
distribute those recommendations to all government agencies.
Upon the posting of the Board's recommendations, the Board's
purpose is considered fulfilled, and the Board is thereupon
dissolved.
 
    Section 35. Application. This Act is intended to allow
government agencies to transfer a record by e-mail, or retain
an electronic copy, unless it conflicts with the State Records
Act or its administrative rules, notwithstanding any law to the
contrary. When adopting these electronic practices, government
agencies shall consider the constituent's access to electronic
technology. This Act does not change any State law that
requires publication of information in newspapers of general
circulation.
 
    Section 40. Implementation. Within 6 months after the
Secretary of State's posting of the Board's policies,
guidelines, and best practices recommendations, as provided
for in Section 30 of this Act, all State agencies shall review
those recommendations and take all possible steps consistent
with those recommendations to enhance the use of electronic
means of creating, transmitting, and retaining State records.
Each government agency is required by this Act to post a link
to this Act on its Internet website.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/28/2010