HB2385ham001 100TH GENERAL ASSEMBLY

Rep. Peter Breen

Filed: 3/6/2017

10000HB2385ham001 LRB100 08086 AWJ 22598 a

AMENDMENT TO HOUSE BILL 2385

AMENDMENT NO. ______. Amend House Bill 2385 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Local Government Email Act.

Section 5. Public policy. It is the public policy of the State 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, contractor, trustee, board member, elected official, or officer of a unit of local government or school district are public records regardless of whether the email is sent or received on a personal or unit-provided and controlled or district-provided and controlled email address.

Section 10. Emails.

(a) If a unit of local government or school district provides an email address under its control to one or more of its staff members, employees, contractors, trustees, board members, elected officials, or officers it shall provide an email address under its control for all staff members, employees, contractors, trustees, board members, elected officials, and officers of that unit of local government or school district.

(b) If a unit of local government or school district provides an email address under its control to staff members, employees, contractors, trustees, board members, elected officials, or officers, the staff members, employees, contractors, trustees, board members, elected officials, and officers shall use the unit-provided and controlled or district-provided and controlled email for all communications in connection with the transaction of public business.

(c) If a staff member, employee, contractor, trustee, board member, elected official, or officer of a unit of local government or school district has a unit-provided and controlled or district-provided and controlled email address, the staff member, employee, contractor, trustee, board member, elected official, or officer shall promptly forward any email sent or received on his or her personal email address to his or her unit-provided and controlled or district-provided and controlled email if the email is in connection with the transaction of public business. If the staff member, employee, contractor, trustee, board member, elected official, or officer does not have a unit-provided and controlled or district-provided and controlled email address and receives an email on his or her personal email address that is in connection with the transaction of public business and that was not received from or carbon copied to another unit-provided and controlled or district-provided and controlled email address, the staff member, employee, contractor, trustee, board member, elected official, or officer shall promptly provide a copy of the email to his or her unit of local government or school district.

Section 97. Applicability. The requirements of this Act apply prospectively.".