State of Illinois
91st General Assembly
Legislation

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91_HB0840eng

 
HB0840 Engrossed                               LRB9103344PTpk

 1        AN ACT to amend the Local Records Act by changing Section
 2    7.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Local Records Act is amended by changing
 6    Section 7 as follows:

 7        (50 ILCS 205/7) (from Ch. 116, par. 43.107)
 8        Sec. 7.  Disposition rules.  Except as otherwise provided
 9    by law, no public record shall be disposed of by any  officer
10    or  agency  unless  the  written  approval of the appropriate
11    Local Records Commission is first obtained.
12        The Commission shall issue regulations that  which  shall
13    be  binding  on  all  such  officers.  Such regulations shall
14    establish procedures for  compiling  and  submitting  to  the
15    Commission lists and schedules of public records proposed for
16    disposal;  procedures  for  the physical destruction or other
17    disposition of such public records;  and  standards  for  the
18    reproduction   of   such   public   records  by  photography,
19    microphotographic processes, or digitized electronic  format.
20    Such  standards shall relate to the quality of the film to be
21    used, preparation  of  the  public  records  for  filming  or
22    electronic  conversion,  proper identification matter on such
23    records so that an individual document or series of documents
24    can be located on the film or digitized electronic form  with
25    reasonable   facility,   and  that  the  copies  contain  all
26    significant record detail, to the end that the copies will be
27    adequate. Any public record may be reproduced in a  digitized
28    electronic  format.   Those  records for which the Commission
29    has given or does give written approval for disposal after  a
30    retention  period  of  10  years or less may be digitized and
31    disposed of providing: (i) the reproduction process  forms  a
 
HB0840 Engrossed            -2-                LRB9103344PTpk
 1    durable  medium  that  accurately  and legibly reproduces the
 2    original record in all  details  and  that  does  not  permit
 3    additions,  deletions,  or  changes  to the original document
 4    images, (ii) the reproduction is retained for the  prescribed
 5    retention  period,  and (iii) the Commission is notified when
 6    the  original  record  is  disposed  of  and  also  when  the
 7    digitized record is disposed of. Those records for which  the
 8    Commission  has  given  or  does  give  written  approval for
 9    disposal after a retention period of more than  10  years  or
10    for  which  the  Commission  has  required  or  does  require
11    permanent   retention   may  be  digitized  and  disposed  of
12    providing: (i)  the  reproduction  process  forms  a  durable
13    medium  that  accurately  and legibly reproduces the original
14    record in all details and that  does  not  permit  additions,
15    deletions,  or  changes to the original document images, (ii)
16    the records are also reproduced in a microfilm format that is
17    in  compliance  with  Commission  regulations  and  that   is
18    retained  for  the  written  retention  period, and (iii) the
19    Commission is notified when the original record  is  disposed
20    of and also when the microfilmed record is disposed of.
21        Such  regulations  shall  also  provide  that  the  State
22    archivist  may  retain  any  records which the Commission has
23    authorized to be destroyed,  where  they  have  a  historical
24    value,  and  that the State archivist may deposit them in the
25    State Archives, State Historical  Library,  or  a  university
26    library, or with a historical society, museum, or library.
27    (Source: P.A. 89-272, eff. 8-10-95; 90-701, eff. 1-1-99.)

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