100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3329

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 160/2  from Ch. 116, par. 43.5
5 ILCS 160/3  from Ch. 116, par. 43.6
5 ILCS 160/3.3 new
50 ILCS 205/3  from Ch. 116, par. 43.103
50 ILCS 205/3c new
50 ILCS 205/4  from Ch. 116, par. 43.104

    Amends the State Records Act. Provides that all records under the Act, including legal records and emails, shall be retained for a minimum of 7 years. Provides that every public employee, State and local, shall receive record retention training to comply with the Act. Modifies the term "record" or "records" to include any medium that stores or transmits information generated or used by a public body. Amends the Local Records Act to make similar changes.


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A BILL FOR

 

HB3329LRB100 10922 RJF 21159 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Records Act is amended by changing
5Sections 2 and 3 and by adding Section 3.3 as follows:
 
6    (5 ILCS 160/2)  (from Ch. 116, par. 43.5)
7    Sec. 2. For the purposes of this Act:
8    "Secretary" means Secretary of State.
9    "Record" or "records" means any medium that stores or
10transmits information generated or used by the public body, as
11defined in Section 2 of the Freedom of Information Act. This
12shall include, but not be limited to, all books, papers,
13born-digital electronic material, digitized electronic
14material, electronic material with a combination of digitized
15and born-digital material, maps, photographs, databases, or
16other official documentary materials, regardless of physical
17form or characteristics, made, produced, executed, or received
18by any agency in the State in pursuance of State state law or
19in connection with the transaction of public business and
20preserved or appropriate for preservation by that agency or its
21successor as evidence of the organization, function, policies,
22decisions, procedures, operations, or other activities of the
23State or of the State Government, or because of the

 

 

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1informational data contained therein. Library and museum
2material made or acquired and preserved solely for reference or
3exhibition purposes, extra copies of documents preserved only
4for convenience of reference, and stocks of publications and of
5blank forms are not included within the definition of records
6as used in this Act. Reports of impaired physicians under
7Section 16.04 of the Medical Practice Act or Section 23 of the
8Medical Practice Act of 1987 are not included within the
9definition of records as used in this Act.
10    "Born-digital electronic material" means electronic
11material created in digital form rather than converted from
12print or analog form to digital form.
13    "Digitized electronic material" means electronic material
14converted from print or analog form to digital form.
15    "Agency" means all parts, boards, and commissions of the
16executive branch of the State government, including, but not
17limited to, State colleges and universities and their governing
18boards and all departments established by the "Civil
19Administrative Code of Illinois," as heretofore or hereafter
20amended.
21    "Public Officer" or "public officers" means all officers of
22the executive branch of the State government, all officers
23created by the "Civil Administrative Code of Illinois," as
24heretofore or hereafter amended, and all other officers and
25heads, presidents, or chairmen of boards, commissions, and
26agencies of the State government.

 

 

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1    "Commission" means the State Records Commission.
2    "Archivist" means the Secretary of State.
3(Source: P.A. 99-147, eff. 1-1-16; revised 9-16-16.)
 
4    (5 ILCS 160/3)  (from Ch. 116, par. 43.6)
5    Sec. 3. Records as property of State.
6    (a) All records created or received by or under the
7authority of or coming into the custody, control, or possession
8of public officials of this State in the course of their public
9duties are the property of the State. All records, including
10legal records and emails, shall be retained for a minimum of 7
11years. These records may not be mutilated, destroyed,
12transferred, removed, or otherwise damaged or disposed of, in
13whole or in part, except as provided by law. Any person shall
14have the right of access to any public records, unless access
15to the records is otherwise limited or prohibited by law. This
16subsection (a) does not apply to records that are subject to
17expungement under subsections (1.5) and (1.6) of Section 5-915
18of the Juvenile Court Act of 1987.
19    (b) Reports and records of the obligation, receipt and use
20of public funds of the State are public records available for
21inspection by the public, except as access to such records is
22otherwise limited or prohibited by law or pursuant to law.
23These records shall be kept at the official place of business
24of the State or at a designated place of business of the State.
25These records shall be available for public inspection during

 

 

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1regular office hours except when in immediate use by persons
2exercising official duties which require the use of those
3records. Nothing in this section shall require the State to
4invade or assist in the invasion of any person's right to
5privacy. Nothing in this Section shall be construed to limit
6any right given by statute or rule of law with respect to the
7inspection of other types of records.
8    Warrants and vouchers in the keeping of the State
9Comptroller may be destroyed by him as authorized in "An Act in
10relation to the reproduction and destruction of records kept by
11the Comptroller", approved August 1, 1949, as now or hereafter
12amended after obtaining the approval of the State Records
13Commission.
14(Source: P.A. 98-637, eff. 1-1-15.)
 
15    (5 ILCS 160/3.3 new)
16    Sec. 3.3. Record retention training. Every public
17employee, State and local, shall receive record retention
18training to comply with this Act. There shall be no exceptions
19to any provisions in regards to training requirements.
 
20    Section 10. The Local Records Act is amended by changing
21Sections 3 and 4 and by adding Section 3c as follows:
 
22    (50 ILCS 205/3)  (from Ch. 116, par. 43.103)
23    Sec. 3. Except where the context indicates otherwise, the

 

 

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1terms used in this Act are defined as follows:
2    "Agency" means any court, and all parts, boards,
3departments, bureaus and commissions of any county, municipal
4corporation or political subdivision.
5    "Archivist" means the Secretary of State.
6    "Born-digital electronic material" means electronic
7material created in digital form rather than converted from
8print or analog form to digital form.
9    "Commission" means a Local Records Commission.
10    "Court" means a court, other than the Supreme Court.
11    "Digitized electronic material" means electronic material
12converted from print or analog form to digital form.
13    "Officer" means any elected or appointed official of a
14court, county, municipal corporation or political subdivision.
15    "Public record" means any medium that stores or transmits
16information generated or used by the public body, as defined in
17Section 2 of the Freedom of Information Act. This shall
18include, but not be limited to, any book, paper, map,
19photograph, born-digital electronic material, digitized
20electronic material, electronic material with a combination of
21digitized and born-digital material, or other official
22documentary material, regardless of physical form or
23characteristics, made, produced, executed or received by any
24agency or officer pursuant to law or in connection with the
25transaction of public business and preserved or appropriate for
26preservation by such agency or officer, or any successor

 

 

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1thereof, as evidence of the organization, function, policies,
2decisions, procedures, or other activities thereof, or because
3of the informational data contained therein. Library and museum
4material made or acquired and preserved solely for reference or
5exhibition purposes, extra copies of documents preserved only
6for convenience of reference, and stocks of publications and of
7processed documents are not included within the definition of
8public record. Paper copies of registration records, as defined
9in Section 1 of the Library Records Confidentiality Act (75
10ILCS 70/1), shall not be considered public records once the
11information contained in the paper registration records is
12transferred into a secure electronic format and checked for
13accuracy.
14(Source: P.A. 99-147, eff. 1-1-16.)
 
15    (50 ILCS 205/3c new)
16    Sec. 3c. Record retention training. Every public employee
17of a local agency under this Act shall receive record retention
18training to comply with this Act. There shall be no exceptions
19to any provisions in regards to training requirements.
 
20    (50 ILCS 205/4)  (from Ch. 116, par. 43.104)
21    Sec. 4. (a) Except as otherwise provided in subsection (b)
22of this Section, all public records made or received by, or
23under the authority of, or coming into the custody, control or
24possession of any officer or agency, including legal records

 

 

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1and emails, shall be retained for a minimum of 7 years, and
2shall not be mutilated, destroyed, transferred, removed or
3otherwise damaged or disposed of, in whole or in part, except
4as provided by law. Any person who knowingly, without lawful
5authority and with the intent to defraud any party, public
6officer, or entity, alters, destroys, defaces, removes, or
7conceals any public record commits a Class 4 felony.
8    Court records filed with the clerks of the Circuit Court
9shall be destroyed in accordance with the Supreme Court's
10General Administrative Order on Recordkeeping in the Circuit
11Courts. The clerks of the Circuit Courts shall notify the
12Supreme Court, in writing, specifying case records or other
13documents which they intend to destroy. The Supreme Court shall
14review the schedule of items to be destroyed and notify the
15appropriate Local Records Commission of the Court's intent to
16destroy such records. The Local Records Commission, within 90
17days after receipt of the Supreme Court's notice, may undertake
18to photograph, microphotograph, or digitize electronically any
19or all such records and documents, or, in the alternative, may
20transport such original records to the State Archives or other
21storage location under its supervision.
22    The Archivist may accept for deposit in the State Archives
23or regional depositories official papers, drawings, maps,
24writings and records of every description of counties,
25municipal corporations, political subdivisions and courts of
26this State, when such materials are deemed by the Archivist to

 

 

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1have sufficient historical or other value to warrant their
2continued preservation by the State of Illinois.
3    The officer or clerk depositing such records may, upon
4request, obtain from the Archivist, without charge, a certified
5copy or reproduction of any specific record, paper or document
6when such record, paper or document is required for public use.
7    (b) Upon request from a chief of police, county sheriff, or
8State's Attorney, if a person has been arrested for a criminal
9offense and an investigation reveals that the person arrested
10was not in fact the individual the arresting officer believed
11him or her to be, the law enforcement agency whose officers
12made the arrest shall delete or retract the arrest records of
13that person whom the investigation revealed as not the
14individual the arresting officer believed him or her to be. In
15this subsection (b):
16        "Arrest records" are as described in Section 3b of this
17    Act.
18        "Law enforcement agency" means an agency of a unit of
19    local government which is vested by law or ordinance with
20    the duty to maintain public order and to enforce criminal
21    laws or ordinances.
22(Source: P.A. 98-1063, eff. 1-1-15; 99-363, eff. 1-1-16.)