Bill Text: IL HB0362 | 2015-2016 | 99th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the State Records Act. Adds "born-digital electronic material" and "electronic material with a combination of digitized and born-digital material" to the definition of "record" or "records". Defines "born-digital electronic material" and "digitized electric material". Amends the Local Records Act. Adds "born-digital electronic material" and "electronic material with a combination of digitized and born-digital material" to the definition of "public record". Defines "born-digital electronic material" and "digitized electric material". Provides that the Illinois Commerce Commission shall also issue regulations regarding procedures for the management and preservation of electronically generated and maintained records. Repeals the Filmed Records Certification Act. Repeals the Filmed Records Destruction Act.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2015-07-28 - Public Act . . . . . . . . . 99-0147 [HB0362 Detail]

Download: Illinois-2015-HB0362-Engrossed.html

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AN ACT concerning local 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 2 as follows:
(5 ILCS 160/2) (from Ch. 116, par. 43.5)
Sec. 2. For the purposes of this Act:
"Secretary" means Secretary of State.
"Record" or "records" means all books, papers,
born-digital electronic material, digitized electronic
material, electronic material with a combination of digitized
and born-digital material, maps, photographs, databases, or
other official documentary materials, regardless of physical
form or characteristics, made, produced, executed or received
by any agency in the State in pursuance of state law or in
connection with the transaction of public business and
preserved or appropriate for preservation by that agency or its
successor as evidence of the organization, function, policies,
decisions, procedures, operations, or other activities of the
State or of the State Government, or because of the
informational data contained therein. Library and museum
material made or acquired and preserved solely for reference or
exhibition purposes, extra copies of documents preserved only

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for convenience of reference, and stocks of publications and of
blank forms are not included within the definition of records
as used in this Act. Reports of impaired physicians under
Section 16.04 of the Medical Practice Act or Section 23 of the
Medical Practice Act of 1987 are not included within the
definition of records as used in this Act.
"Born-digital electronic material" means electronic
material created in digital form rather than converted from
print or analog form to digital form.
"Digitized electronic material" means electronic material
converted from print or analog form to digital form.
"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," as heretofore or hereafter
amended.
"Public Officer" or "public officers" means all officers of
the executive branch of the State government, all officers
created by the "Civil Administrative Code of Illinois," as
heretofore or hereafter amended, and all other officers and
heads, presidents, or chairmen of boards, commissions, and
agencies of the State government.
"Commission" means the State Records Commission.
"Archivist" means the Secretary of State.
(Source: P.A. 92-866, eff. 1-3-03.)

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Section 10. The Local Records Act is amended by changing
Sections 3, 7, and 12 as follows:
(50 ILCS 205/3) (from Ch. 116, par. 43.103)
Sec. 3. Except where the context indicates otherwise, the
terms used in this Act are defined as follows:
"Agency" means any court, and all parts, boards,
departments, bureaus and commissions of any county, municipal
corporation or political subdivision.
"Archivist" means the Secretary of State.
"Born-digital electronic material" means electronic
material created in digital form rather than converted from
print or analog form to digital form.
"Commission" means a Local Records Commission.
"Court" means a court, other than the Supreme Court.
"Digitized electronic material" means electronic material
converted from print or analog form to digital form.
"Officer" means any elected or appointed official of a
court, county, municipal corporation or political subdivision.
"Public record" means any book, paper, map, photograph,
born-digital electronic material, digitized electronic
material, electronic material with a combination of digitized
and born-digital material, or other official documentary
material, regardless of physical form or characteristics,
made, produced, executed or received by any agency or officer

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pursuant to law or in connection with the transaction of public
business and preserved or appropriate for preservation by such
agency or officer, or any successor thereof, as evidence of the
organization, function, policies, decisions, procedures, or
other activities thereof, or because of the informational data
contained therein. Library and museum material made or acquired
and preserved solely for reference or exhibition purposes,
extra copies of documents preserved only for convenience of
reference, and stocks of publications and of processed
documents are not included within the definition of public
record. Paper copies of registration records, as defined in
Section 1 of the Library Records Confidentiality Act (75 ILCS
70/1), shall not be considered public records once the
information contained in the paper registration records is
transferred into a secure electronic format and checked for
accuracy.
(Source: P.A. 97-100, eff. 7-14-11.)
(50 ILCS 205/7) (from Ch. 116, par. 43.107)
Sec. 7. Disposition rules. Except as otherwise provided by
law, no public record shall be disposed of by any officer or
agency unless the written approval of the appropriate Local
Records Commission is first obtained.
The Commission shall issue regulations which shall be
binding on all such officers. Such regulations shall establish
procedures for compiling and submitting to the Commission lists

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and schedules of public records proposed for disposal;
procedures for the physical destruction or other disposition of
such public records; procedures for the management and
preservation of electronically generated and maintained
records; and standards for the reproduction of such public
records by photography, microphotographic processes, or
digitized electronic format. Such standards shall relate to the
quality of the film to be used, preparation of the public
records for filming or electronic conversion, proper
identification matter on such records so that an individual
document or series of documents can be located on the film or
digitized electronic form with reasonable facility, and that
the copies contain all significant record detail, to the end
that the copies will be adequate. Any public record may be
reproduced in a microfilm or digitized electronic format. The
agency may dispose of the original of any reproduced record
providing: (i) the reproduction process forms a durable medium
that accurately and legibly reproduces the original record in
all details, that does not permit additions, deletions, or
changes to the original document images, and, if electronic,
that are retained in a trustworthy manner so that the records,
and the information contained in the records, are accessible
and usable for subsequent reference at all times while the
information must be retained, (ii) the reproduction is retained
for the prescribed retention period, and (iii) the Commission
is notified when the original record is disposed of and also

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when the reproduced record is disposed of.
Such regulations shall also provide that the State
archivist may retain any records which the Commission has
authorized to be destroyed, where they have a historical value,
and that the State archivist may deposit them in the State
Archives, State Historical Library, or a university library, or
with a historical society, museum, or library.
(Source: P.A. 90-701, eff. 1-1-99; 91-886, eff. 1-1-01.)
(50 ILCS 205/12) (from Ch. 116, par. 43.112)
Sec. 12. Both Commissions shall with the assistance of the
Secretary of State and State Archivist determine what records
are essential for emergency government operation through
consultation with all branches of government, state agencies,
and with the Illinois Emergency Management Agency State
Civilian Defense agency, to determine what records are
essential for post-emergency government operation and provide
for their protection and preservation and provide for the
security storage or relocation of essential local records in
the event of an emergency arising from enemy attack or natural
disaster.
(Source: Laws 1961, p. 3503.)
(50 ILCS 210/Act rep.)
Section 15. The Filmed Records Certification Act is
repealed.

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(50 ILCS 215/Act rep.)
Section 20. The Filmed Records Destruction Act is repealed.