Public Act 097-0249
 
HB1373 EnrolledLRB097 07953 RLJ 48072 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Records Act is amended by changing
Section 16 as follows:
 
    (5 ILCS 160/16)  (from Ch. 116, par. 43.19)
    Sec. 16. There is created the State Records Commission. The
Commission shall consist of the following State officials or
their authorized representatives: the Secretary of State, who
shall act as chairman; the State Historian, who shall serve as
secretary; the State Treasurer; the Director of Central
Management Services; the Attorney General; and the State
Comptroller. The Commission shall meet whenever called by the
chairman, who shall have no vote on matters considered by the
Commission. It shall be the duty of the Commission to determine
what records no longer have any administrative, fiscal, legal,
research, or historical value and should be destroyed or
disposed of otherwise. The Commission may make recommendations
to the Secretary of State concerning policies, guidelines, and
best practices for addressing electronic records management
issues as authorized under Section 37 of the Government
Electronic Records Act.
(Source: P.A. 92-866, eff. 1-3-03.)
 
    Section 10. The Government Electronic Records Act is
amended by changing Section 10 and adding Section 37 as
follows:
 
    (20 ILCS 35/10)
    Sec. 10. Definitions.
    "Commission" means the State Records Commission created
under Section 16 of the State Records Act.
    "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/).
(Source: P.A. 96-1363, eff. 7-28-10.)
 
    (20 ILCS 35/37 new)
    Sec. 37. Recommendations concerning electronic records
management issues. The State Records Commission may make
recommendations to the Secretary of State concerning policies,
guidelines, and best practices for addressing electronic
records management issues. After receiving recommendations
from the Commission, the Secretary of State shall, as soon as
practical, post the Commission's recommendations on its
official Internet website and distribute those recommendations
to all government agencies.
 
    (20 ILCS 35/30 rep.)
    (20 ILCS 35/40 rep.)
    Section 15. The Government Electronic Records Act is
amended by repealing Sections 30 and 40.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.