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92_HB4938ren
HB4938 Re-Enrolled LRB9212998BDcdA
1 AN ACT concerning State records.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Records Act is amended by changing
5 Sections 2, 3, 3.5, 4, 7, 9, 11, 12, 13, 15, 16, 17, 18, 22c,
6 and 24 and adding Section 1.5 as follows:
7 (5 ILCS 160/1.5 new)
8 Sec. 1.5. Purpose. Pursuant to the fundamental
9 philosophy of the American constitutional form of government,
10 it is declared to be the public policy of the State of
11 Illinois (i) that government records are a form of property
12 whose ownership lies with the citizens and with the State of
13 Illinois; (ii) that those records are to be created,
14 maintained, and administered in support of the rights of
15 those citizens and the operation of the State; (iii) that
16 those records are, with very few exemptions, to be available
17 for the use, benefit, and information of the citizens; and
18 (iv) that those records may not be disposed of without
19 compliance to the regulations in this Act.
20 (5 ILCS 160/2) (from Ch. 116, par. 43.5)
21 Sec. 2. For the purposes of this Act:
22 "Secretary" means Secretary of State.
23 "Record" or "records" means all books, papers, digitized
24 electronic material, maps, photographs, databases, or other
25 official documentary materials, regardless of physical form
26 or characteristics, made, produced, executed or received by
27 any agency in the State in pursuance of state law or in
28 connection with the transaction of public business and
29 preserved or appropriate for preservation by that agency or
30 its successor as evidence of the organization, function,
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1 policies, decisions, procedures, operations, or other
2 activities of the State or of the State Government, or
3 because of the informational data contained therein. Library
4 and museum material made or acquired and preserved solely for
5 reference or exhibition purposes, extra copies of documents
6 preserved only for convenience of reference, and stocks of
7 publications and of blank forms processed documents are not
8 included within the definition of records as used in this
9 Act. Reports of impaired physicians under Section 16.04 of
10 the Medical Practice Act or Section 23 of the Medical
11 Practice Act of 1987 are not included within the definition
12 of records as used in this Act.
13 "Agency" means all parts, boards, and commissions of the
14 executive branch of the State government including but not
15 limited to State colleges and universities and their
16 governing boards and all departments established by the
17 "Civil Administrative Code of Illinois," as heretofore or
18 hereafter amended.
19 "Public Officer" or "public officers" means all officers
20 of the executive branch of the State government, all officers
21 created by the "Civil Administrative Code of Illinois," as
22 heretofore or hereafter amended, and all other officers and
23 heads, presidents, or chairmen of boards, commissions, and
24 agencies of the State government.
25 "Commission" means the State Records Commission.
26 "Archivist" means the Secretary of State.
27 (Source: P.A. 85-1209.)
28 (5 ILCS 160/3) (from Ch. 116, par. 43.6)
29 Sec. 3. Records as property of State.
30 (a) All records created or received by or under the
31 authority of or coming into the custody, control, or
32 possession of public officials of this State in the course of
33 their public duties are the property of the State. These
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1 records may not be mutilated, destroyed, transferred,
2 removed, or otherwise damaged or disposed of, in whole or in
3 part, except as provided by law. Any person shall have the
4 right of access to any public records, unless access to the
5 records is otherwise limited or prohibited by law.
6 (b) Reports and records of the obligation, receipt and
7 use of public funds of the State are public records available
8 for inspection by the public, except as access to such
9 records is otherwise limited or prohibited by law or pursuant
10 to law. These records shall be kept at the official place of
11 business of the State or at a designated place of business of
12 the State. These records shall be available for public
13 inspection during regular office hours except when in
14 immediate use by persons exercising official duties which
15 require the use of those records. The person in charge of
16 such records may require a notice in writing to be submitted
17 24 hours prior to inspection and may require that such notice
18 specify which records are to be inspected. Nothing in this
19 section shall require the State to invade or assist in the
20 invasion of any person's right to privacy. Nothing in this
21 Section shall be construed to limit any right given by
22 statute or rule of law with respect to the inspection of
23 other types of records.
24 Warrants and vouchers in the keeping of the State
25 Comptroller may be destroyed by him as authorized in "An Act
26 in relation to the reproduction and destruction of records
27 kept by the Comptroller", approved August 1, 1949, as now or
28 hereafter amended after obtaining the approval of the State
29 Records Commission.
30 (Source: P.A. 83-663.)
31 (5 ILCS 160/3.5)
32 Sec. 3.5. Confidentiality of foster placement records.
33 All records concerning foster placement and foster parent
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1 identifying information shall not be considered records under
2 this Act. These records shall be released only in accordance
3 with Section 35.3 of the Children and Family Services Act.
4 (Source: P.A. 90-15, eff. 6-13-97.)
5 (5 ILCS 160/4) (from Ch. 116, par. 43.7)
6 Sec. 4. Any person shall have the right of access to any
7 public records of the expenditure or receipt of public funds
8 as defined in Section 3 for the purpose of obtaining copies
9 of the same or of making photographs of the same while in the
10 possession, custody and control of the lawful custodian
11 thereof, or his authorized deputy. The photographing shall be
12 done under the supervision of the lawful custodian of said
13 records, who has the right to adopt and enforce reasonable
14 rules governing such work. The work of photographing shall,
15 when possible, be done in the room where the records,
16 documents or instruments are kept. However, if in the
17 judgment of the lawful custodian of the records, documents or
18 instruments, it would be impossible or impracticable to
19 perform the work in the room in which the records, documents
20 or instruments are kept, the work shall be done in some other
21 room or place as nearly adjacent as possible to the room
22 where kept. Where the providing of a separate room or place
23 is necessary, the expense of providing for the same shall be
24 borne by the person or persons desiring to photograph the
25 records, documents or instruments. The lawful custodian of
26 the records, documents or instruments may charge the same fee
27 for the services rendered by him or his assistant in
28 supervising the photographing as may be charged for
29 furnishing a certified copy or copies of the said record,
30 document or instrument. In the event that the lawful
31 custodian of said records shall deem it advisable in his
32 judgment to furnish photographs of such public records,
33 instruments or documents in lieu of allowing the same to be
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1 photographed, then in such event he may furnish photographs
2 of such records and charge a fee of 35¢ per page when the
3 page to be photographed does not exceed legal size and $1.00
4 per page when the page to be photographed exceeds legal size
5 and where the fees and charges therefor are not otherwise
6 fixed by law.
7 (Source: Laws 1957, p. 1687.)
8 (5 ILCS 160/7) (from Ch. 116, par. 43.10)
9 Sec. 7. The Secretary:
10 (1) whenever it appears to him to be in the public
11 interest, may accept for deposit in the State Archives the
12 records of any agency or of the Legislative or Judicial
13 branches of the State government that are determined by him
14 to have sufficient historical or other value to warrant the
15 permanent preservation of such records by the State of
16 Illinois;
17 (2) may accept for deposit in the State Archives
18 official papers, photographs, microfilm, electronic and
19 digital records, drawings, maps, writings, and records of
20 every description of counties, municipal corporations,
21 political subdivisions and courts of this State, and records
22 of the federal government pertaining to Illinois, when such
23 materials are deemed by the Secretary to have sufficient
24 historical or other value to warrant their continued
25 preservation by the State of Illinois.
26 (3) whenever he deems it in the public interest, may
27 accept for deposit in the State Archives motion picture
28 films, still pictures, and sound recordings that are
29 appropriate for preservation by the State government as
30 evidence of its organization, functions and policies.
31 (4) shall be responsible for the custody, use, servicing
32 and withdrawal of records transferred for deposit in the
33 State Archives. The Secretary shall observe any rights,
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1 limitations, or restrictions imposed by law relating to the
2 use of records, including the provisions of the Mental Health
3 and Developmental Disabilities Confidentiality Act which
4 limit access to certain records or which permit access to
5 certain records only after the removal of all personally
6 identifiable data. Access to restricted records shall be at
7 the direction of the depositing State agency or, in the case
8 of records deposited by the legislative or judicial branches
9 of State government at the direction of the branch which
10 deposited them, but no limitation on access to such records
11 shall extend more than 75 years after the creation of the
12 records, except as provided in the Mental Health and
13 Developmental Disabilities Confidentiality Act. The
14 Secretary shall not impose restrictions on the use of records
15 that are defined by law as public records or as records open
16 to public inspection;
17 (5) shall make provision for the preservation,
18 arrangement, repair, and rehabilitation, duplication and
19 reproduction, description, and exhibition of records
20 deposited in the State Archives as may be needed or
21 appropriate;
22 (6) shall make or reproduce and furnish upon demand
23 authenticated or unauthenticated copies of any of the
24 documents, photographic material or other records deposited
25 in the State Archives, the public examination of which is not
26 prohibited by statutory limitations or restrictions or
27 protected by copyright. The Secretary shall charge a fee
28 therefor in accordance with the schedule of fees in Section
29 10 of "An Act concerning fees and salaries, and to classify
30 the several counties of this state with reference thereto,"
31 approved March 29, 1872, as amended, except that there shall
32 be no charge for making or authentication of such copies or
33 reproductions furnished to any department or agency of the
34 State for official use. When any such copy or reproduction is
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1 authenticated by the Great Seal of the State of Illinois and
2 is certified by the Secretary, or in his name by his
3 authorized representative, such copy or reproduction shall be
4 admitted in evidence as if it were the original.
5 (7) any official of the State of Illinois may turn over
6 to the Secretary of State, with his consent, for permanent
7 preservation in the State Archives, any official books,
8 records, documents, original papers, or files, not in current
9 use in his office, taking a receipt therefor.
10 (8) (Blank). shall require of all persons, firms,
11 corporations or other legal entities who desire access to
12 information not defined as public records or as records open
13 to public inspection, but open to the public, as provided in
14 this Act, an affidavit dated and signed by the person making
15 the request or his representative, notarized by a notary
16 public, and containing substantially the following:
17 "Application and Agreement for Release of Information
18 "The Secretary of State, State of Illinois, agrees to
19 release the following described information subject to the
20 following agreement:
21 "It is hereby agreed by ,known as
22 the User, that the information, lists, names and other
23 material provided by the Office of the Secretary of State
24 shall not be made available to other persons, firms,
25 corporations or other legal entities. The User agrees that
26 it shall preserve the confidentiality of any person or
27 persons named in these records.
28 "The information contained shall not be exchanged with
29 any other person, firm or corporation for other information
30 or lists unless the identity of any person or persons named
31 in these records has been removed. Such an act shall
32 constitute a material breach of this agreement and all
33 information previously received by the User shall be returned
34 to the Office of the Secretary of State, State of Illinois.
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1 "The user understands that any violation of this
2 agreement is a Class A misdemeanor, punishable by
3 imprisonment in a penal institution other than a penitentiary
4 for not more than one year or a fine not exceeding $1,000, or
5 both.
6 "Description of information:______________________________
7 _____________________________________________________________
8 __________________ _________________________________________
9 Date Date
10 __________________ _________________________________________
11 Signature Signature
12 ____________________ Secretary of State, State of Illinois
13 User or his representative by
14 __________________________ Director
15 User's name, if not above Archives and Records Division
16 __________________________
17 User's Address"
18 A violation of the provisions of an agreement under this
19 paragraph (8) is a Class A misdemeanor.
20 (9) may cooperate with the Illinois State Genealogical
21 Society, or its successor organization, for the mutual
22 benefit of the Society and the Illinois State Archives, with
23 the State Archives furnishing necessary space for the society
24 to carry on its functions and keep its records, to receive
25 publications of the Illinois State Genealogical Society, to
26 use members of the Illinois State Genealogical Society as
27 volunteers in various archival projects and to store the
28 Illinois State Genealogical Society's film collections.
29 (Source: P.A. 85-1238.)
30 (5 ILCS 160/9) (from Ch. 116, par. 43.12)
31 Sec. 9. The head of each agency shall establish, and
32 maintain an active, continuing program for the economical and
33 efficient management of the records of the agency.
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1 Such program:
2 (1) shall provide for effective controls over the
3 creation, maintenance, and use of records in the conduct of
4 current business and shall ensure that agency electronic
5 records, as specified in Section 5-135 of the Electronic
6 Commerce Security Act, are retained in a trustworthy manner
7 so that the records, and the information contained in the
8 records, are accessible and usable for reference for the
9 duration of the retention period; all computer tape or disk
10 maintenance and preservation procedures must be fully applied
11 and, if equipment or programs providing access to the records
12 are updated or replaced, the existing data must remain
13 accessible in the successor format for the duration of the
14 approved retention period;
15 (2) shall provide for cooperation with the Secretary in
16 appointing a records officer and in applying standards,
17 procedures, and techniques to improve the management of
18 records, promote the maintenance and security of records
19 deemed appropriate for preservation, and facilitate the
20 segregation and disposal of records of temporary value; and
21 (3) shall provide for compliance with the provisions of
22 this Act and the rules and regulations issued thereunder.
23 This Section shall not apply to State colleges and
24 universities and their governing boards.
25 (Source: P.A. 83-663.)
26 (5 ILCS 160/11) (from Ch. 116, par. 43.14)
27 Sec. 11. Violation. All records made or received by or
28 under the authority of or coming into the custody, control or
29 possession of public officials of this State in the course of
30 their public duties are the property of the State and shall
31 not be mutilated, destroyed, transferred, removed or
32 otherwise damaged or disposed of, in whole or in part except
33 as provided by law. Any person who knowingly and without
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1 lawful authority alters, destroys, defaces, removes, or
2 conceals any public record commits a Class 4 felony.
3 (Source: Laws 1957, p. 1687.)
4 (5 ILCS 160/12) (from Ch. 116, par. 43.15)
5 Sec. 12. The Secretary shall make continuing surveys of
6 State records management and disposal practices and obtain
7 reports thereon from agencies and their staff.
8 (Source: Laws 1957, p. 1687.)
9 (5 ILCS 160/13) (from Ch. 116, par. 43.16)
10 Sec. 13. The Secretary, with due regard to the program
11 activities of the agencies concerned, shall make provision
12 for the economical and efficient management of records of
13 State agencies by analyzing, developing, promoting,
14 coordinating, and promulgating standards, procedures, and
15 techniques designed to improve the management of records, to
16 insure the maintenance and security of records deemed
17 appropriate for preservation, and to facilitate the
18 segregation and disposal of records of temporary value. The
19 Secretary shall aid also in promoting the efficient and
20 economical utilization of space, equipment, and supplies
21 needed for the purpose of creating, maintaining, storing, and
22 servicing records.
23 This Section shall not apply to State colleges and
24 universities and their governing boards.
25 (Source: P.A. 83-663.)
26 (5 ILCS 160/15) (from Ch. 116, par. 43.18)
27 Sec. 15. The Secretary shall establish, maintain, and
28 operate records centers for the storage, care, and servicing
29 of records of State agencies pending their deposit in the
30 State Archives or the disposition of such records in any
31 other manner authorized by law. The Secretary may establish,
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1 maintain, and operate centralized microfilming and digital
2 reproduction services for agencies.
3 (Source: Laws 1957, p. 1687.)
4 (5 ILCS 160/16) (from Ch. 116, par. 43.19)
5 Sec. 16. There is created the State Records Commission.
6 The Commission shall consist of the following State officials
7 or their authorized representatives members: the Secretary of
8 State, or his representative, who shall act as chairman; the
9 State Historian, who shall serve as secretary; the State
10 Treasurer, or his authorized representative; the Director of
11 Central Management Services, or his authorized
12 representative; the Attorney General, or his authorized
13 representative; and the State Comptroller, or his authorized
14 representative. The Commission shall meet whenever called by
15 the chairman, who shall have no vote on matters considered by
16 the Commission. It shall be the duty of the Commission to
17 determine what records no longer have any administrative,
18 fiscal, legal, research, or historical value and should be
19 destroyed or disposed of otherwise.
20 (Source: P.A. 82-789.)
21 (5 ILCS 160/17) (from Ch. 116, par. 43.20)
22 Sec. 17. Regardless of other authorization to the
23 contrary, no record shall be disposed of by any agency of the
24 State, unless approval of the State Records Commission is
25 first obtained. The Commission shall issue regulations, not
26 inconsistent with this Act, which shall be binding on all
27 agencies. Such regulations shall establish procedures for
28 compiling and submitting to the Commission lists and
29 schedules of records proposed for disposal; procedures for
30 the physical destruction or other disposition of records
31 proposed for disposal; and standards for the reproduction of
32 records by digital, photographic, photography or
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1 microphotographic processes with the view to the disposal of
2 the original records. Such standards shall relate to the
3 electronic digital process and format, quality of film used,
4 preparation of the records for reproduction filming, proper
5 identification matter on the records so that an individual
6 document or series of documents can be located on the film or
7 electronic medium with reasonable facility, and that the
8 copies contain all significant record detail, to the end that
9 the photographic, or microphotographic, or digital copies
10 will be adequate.
11 Such regulations shall also provide that the State
12 archivist may retain any records which the Commission has
13 authorized to be destroyed, where they have a historical
14 value, and that the State archivist may deposit them in the
15 State Archives Library or State Historical Library Museum or
16 with a historical society, museum or library.
17 (Source: P.A. 76-1667.)
18 (5 ILCS 160/18) (from Ch. 116, par. 43.21)
19 Sec. 18. The head of each agency shall submit to the
20 Commission, in accordance with the regulations of the
21 Commission, lists or schedules of records in his or her
22 custody and his or her proposal for that are not needed in
23 the transaction of current business and that do not have
24 sufficient administrative, legal or fiscal value to warrant
25 their further preservation. The head of each agency also
26 shall submit lists or schedules proposing the length of time
27 each record series warrants retention for administrative,
28 legal or fiscal purposes after it has been created or
29 received by the agency.
30 (Source: Laws 1957, p. 1687.)
31 (5 ILCS 160/22c) (from Ch. 116, par. 43.25c)
32 Sec. 22c. The State Archives Advisory Board shall also
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1 serve as the Illinois State Historical Records Advisory
2 Board. This Board shall:
3 (1) serve as the State advisory body required by federal
4 agencies to approve historical record grant applications;
5 (2) promote the identification, preservation, access to,
6 and use of historical records in Illinois; and
7 (3) meet at least once each year.
8 The Director of the State Archives shall serve as the
9 coordinator of this Board and assist the Board in its
10 functions. The Secretary may appoint additional assistants,
11 who must be technically qualified and experienced in records
12 management and historic records preservation, as necessary to
13 carry out the functions of this Board. The Secretary, no
14 later than April 1, 1992, shall provide the General Assembly
15 with his recommendations for the archiving of local
16 government documents on optical disk media.
17 (Source: P.A. 87-825.)
18 (5 ILCS 160/24) (from Ch. 116, par. 43.27)
19 Sec. 24. Auditor General. The Auditor General shall
20 audit agencies for compliance with this Act when conducting
21 compliance audits and shall report his or her findings to the
22 agency and the Secretary.
23 Any officer or employee who violates the provisions of
24 subsection (b) of Section 3 of this Act is guilty of a Class
25 B misdemeanor.
26 (Source: P.A. 77-2221.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 160/1.5 new
4 5 ILCS 160/2 from Ch. 116, par. 43.5
5 5 ILCS 160/3 from Ch. 116, par. 43.6
6 5 ILCS 160/3.5
7 5 ILCS 160/4 from Ch. 116, par. 43.7
8 5 ILCS 160/7 from Ch. 116, par. 43.10
9 5 ILCS 160/9 from Ch. 116, par. 43.12
10 5 ILCS 160/11 from Ch. 116, par. 43.14
11 5 ILCS 160/12 from Ch. 116, par. 43.15
12 5 ILCS 160/13 from Ch. 116, par. 43.16
13 5 ILCS 160/15 from Ch. 116, par. 43.18
14 5 ILCS 160/16 from Ch. 116, par. 43.19
15 5 ILCS 160/17 from Ch. 116, par. 43.20
16 5 ILCS 160/18 from Ch. 116, par. 43.21
17 5 ILCS 160/22c from Ch. 116, par. 43.25c
18 5 ILCS 160/24 from Ch. 116, par. 43.27
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