Illinois General Assembly - Full Text of SB3645
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Full Text of SB3645  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/10/2012, by Sen. Steven M. Landek


50 ILCS 205/7  from Ch. 116, par. 43.107
50 ILCS 205/10  from Ch. 116, par. 43.110

    Amends the Local Records Act. Provides that the Local Records Commission shall approve certain lists or schedules of public records that have no administrative, legal, research, or historical value and should be disposed of or destroyed. Further provides that upon the approval of the list or schedule, no further approval is necessary prior to the destruction or disposal of any record that is on the list or schedule. Effective immediately.

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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 5. The Local Records Act is amended by changing
5Sections 7 and 10 as follows:
6    (50 ILCS 205/7)  (from Ch. 116, par. 43.107)
7    Sec. 7. Disposition rules. Except as otherwise provided by
8law, no public record shall be disposed of by any officer or
9agency unless: (i) the record is destroyed in accordance with a
10schedule or list that is approved by the Local Records
11Commission or (ii) the written approval of the appropriate
12Local Records Commission is first obtained.
13    The Commission shall issue regulations which shall be
14binding on all such officers. Such regulations shall establish
15procedures for compiling and submitting to the Commission lists
16and schedules of public records proposed for disposal;
17procedures for the physical destruction or other disposition of
18such public records; and standards for the reproduction of such
19public records by photography, microphotographic processes, or
20digitized electronic format. Such standards shall relate to the
21quality of the film to be used, preparation of the public
22records for filming or electronic conversion, proper
23identification matter on such records so that an individual



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1document or series of documents can be located on the film or
2digitized electronic form with reasonable facility, and that
3the copies contain all significant record detail, to the end
4that the copies will be adequate. Any public record may be
5reproduced in a microfilm or digitized electronic format. The
6agency may dispose of the original of any reproduced record
7providing: (i) the reproduction process forms a durable medium
8that accurately and legibly reproduces the original record in
9all details, that does not permit additions, deletions, or
10changes to the original document images, and, if electronic,
11that are retained in a trustworthy manner so that the records,
12and the information contained in the records, are accessible
13and usable for subsequent reference at all times while the
14information must be retained, (ii) the reproduction is retained
15for the prescribed retention period, and (iii) the Commission
16is notified when the original record is disposed of and also
17when the reproduced record is disposed of.
18    Such regulations shall also provide that the State
19archivist may retain any records which the Commission has
20authorized to be destroyed, where they have a historical value,
21and that the State archivist may deposit them in the State
22Archives, State Historical Library, or a university library, or
23with a historical society, museum, or library.
24(Source: P.A. 90-701, eff. 1-1-99; 91-886, eff. 1-1-01.)
25    (50 ILCS 205/10)  (from Ch. 116, par. 43.110)



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1    Sec. 10. Records having no administrative, legal, or fiscal
3    (a) The head of each agency shall submit to the appropriate
4Commission, in accordance with the regulations of the
5Commission, lists or schedules of public records in his custody
6that are not needed in the transaction of current business and
7that do not have sufficient administrative, legal or fiscal
8value to warrant their further preservation. The head of each
9agency shall also submit lists or schedules proposing the
10length of time each records series warrants retention for
11administrative, legal or fiscal purposes after it has been
12received by the agency.
13    (b) The Commission shall determine what public records have
14no administrative, legal, research or historical value and
15should be destroyed or otherwise disposed of and shall
16authorize destruction or other disposal thereof. Upon the
17approval of the list or schedule, no further approval is
18necessary prior to the destruction or disposal of any record
19that is on the list or schedule.
20    (c) No public record shall be destroyed or otherwise
21disposed of by any Local Records Commission on its own
22initiative, nor contrary to law. This Section shall not apply
23to court records as governed by Section 4 of this Act.
24(Source: P.A. 85-1278.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.