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Public Act 92-0866
HB4938 Re-Enrolled LRB9212998BDcdA
AN ACT concerning State records.
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
Sections 2, 3, 3.5, 4, 7, 9, 11, 12, 13, 15, 16, 17, 18, 22c,
and 24 and adding Section 1.5 as follows:
(5 ILCS 160/1.5 new)
Sec. 1.5. Purpose. Pursuant to the fundamental
philosophy of the American constitutional form of government,
it is declared to be the public policy of the State of
Illinois (i) that government records are a form of property
whose ownership lies with the citizens and with the State of
Illinois; (ii) that those records are to be created,
maintained, and administered in support of the rights of
those citizens and the operation of the State; (iii) that
those records are, with very few exemptions, to be available
for the use, benefit, and information of the citizens; and
(iv) that those records may not be disposed of without
compliance to the regulations in this Act.
(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, digitized
electronic 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 for convenience of reference, and stocks of
publications and of blank forms processed documents 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.
"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. 85-1209.)
(5 ILCS 160/3) (from Ch. 116, par. 43.6)
Sec. 3. Records as property of State.
(a) All records created or received by or under the
authority of or coming into the custody, control, or
possession of public officials of this State in the course of
their public duties are the property of the State. These
records may not be mutilated, destroyed, transferred,
removed, or otherwise damaged or disposed of, in whole or in
part, except as provided by law. Any person shall have the
right of access to any public records, unless access to the
records is otherwise limited or prohibited by law.
(b) Reports and records of the obligation, receipt and
use of public funds of the State are public records available
for inspection by the public, except as access to such
records is otherwise limited or prohibited by law or pursuant
to law. These records shall be kept at the official place of
business of the State or at a designated place of business of
the State. These records shall be available for public
inspection during regular office hours except when in
immediate use by persons exercising official duties which
require the use of those records. The person in charge of
such records may require a notice in writing to be submitted
24 hours prior to inspection and may require that such notice
specify which records are to be inspected. Nothing in this
section shall require the State to invade or assist in the
invasion of any person's right to privacy. Nothing in this
Section shall be construed to limit any right given by
statute or rule of law with respect to the inspection of
other types of records.
Warrants and vouchers in the keeping of the State
Comptroller may be destroyed by him as authorized in "An Act
in relation to the reproduction and destruction of records
kept by the Comptroller", approved August 1, 1949, as now or
hereafter amended after obtaining the approval of the State
Records Commission.
(Source: P.A. 83-663.)
(5 ILCS 160/3.5)
Sec. 3.5. Confidentiality of foster placement records.
All records concerning foster placement and foster parent
identifying information shall not be considered records under
this Act. These records shall be released only in accordance
with Section 35.3 of the Children and Family Services Act.
(Source: P.A. 90-15, eff. 6-13-97.)
(5 ILCS 160/4) (from Ch. 116, par. 43.7)
Sec. 4. Any person shall have the right of access to any
public records of the expenditure or receipt of public funds
as defined in Section 3 for the purpose of obtaining copies
of the same or of making photographs of the same while in the
possession, custody and control of the lawful custodian
thereof, or his authorized deputy. The photographing shall be
done under the supervision of the lawful custodian of said
records, who has the right to adopt and enforce reasonable
rules governing such work. The work of photographing shall,
when possible, be done in the room where the records,
documents or instruments are kept. However, if in the
judgment of the lawful custodian of the records, documents or
instruments, it would be impossible or impracticable to
perform the work in the room in which the records, documents
or instruments are kept, the work shall be done in some other
room or place as nearly adjacent as possible to the room
where kept. Where the providing of a separate room or place
is necessary, the expense of providing for the same shall be
borne by the person or persons desiring to photograph the
records, documents or instruments. The lawful custodian of
the records, documents or instruments may charge the same fee
for the services rendered by him or his assistant in
supervising the photographing as may be charged for
furnishing a certified copy or copies of the said record,
document or instrument. In the event that the lawful
custodian of said records shall deem it advisable in his
judgment to furnish photographs of such public records,
instruments or documents in lieu of allowing the same to be
photographed, then in such event he may furnish photographs
of such records and charge a fee of 35¢ per page when the
page to be photographed does not exceed legal size and $1.00
per page when the page to be photographed exceeds legal size
and where the fees and charges therefor are not otherwise
fixed by law.
(Source: Laws 1957, p. 1687.)
(5 ILCS 160/7) (from Ch. 116, par. 43.10)
Sec. 7. The Secretary:
(1) whenever it appears to him to be in the public
interest, may accept for deposit in the State Archives the
records of any agency or of the Legislative or Judicial
branches of the State government that are determined by him
to have sufficient historical or other value to warrant the
permanent preservation of such records by the State of
Illinois;
(2) may accept for deposit in the State Archives
official papers, photographs, microfilm, electronic and
digital records, drawings, maps, writings, and records of
every description of counties, municipal corporations,
political subdivisions and courts of this State, and records
of the federal government pertaining to Illinois, when such
materials are deemed by the Secretary to have sufficient
historical or other value to warrant their continued
preservation by the State of Illinois.
(3) whenever he deems it in the public interest, may
accept for deposit in the State Archives motion picture
films, still pictures, and sound recordings that are
appropriate for preservation by the State government as
evidence of its organization, functions and policies.
(4) shall be responsible for the custody, use, servicing
and withdrawal of records transferred for deposit in the
State Archives. The Secretary shall observe any rights,
limitations, or restrictions imposed by law relating to the
use of records, including the provisions of the Mental Health
and Developmental Disabilities Confidentiality Act which
limit access to certain records or which permit access to
certain records only after the removal of all personally
identifiable data. Access to restricted records shall be at
the direction of the depositing State agency or, in the case
of records deposited by the legislative or judicial branches
of State government at the direction of the branch which
deposited them, but no limitation on access to such records
shall extend more than 75 years after the creation of the
records, except as provided in the Mental Health and
Developmental Disabilities Confidentiality Act. The
Secretary shall not impose restrictions on the use of records
that are defined by law as public records or as records open
to public inspection;
(5) shall make provision for the preservation,
arrangement, repair, and rehabilitation, duplication and
reproduction, description, and exhibition of records
deposited in the State Archives as may be needed or
appropriate;
(6) shall make or reproduce and furnish upon demand
authenticated or unauthenticated copies of any of the
documents, photographic material or other records deposited
in the State Archives, the public examination of which is not
prohibited by statutory limitations or restrictions or
protected by copyright. The Secretary shall charge a fee
therefor in accordance with the schedule of fees in Section
10 of "An Act concerning fees and salaries, and to classify
the several counties of this state with reference thereto,"
approved March 29, 1872, as amended, except that there shall
be no charge for making or authentication of such copies or
reproductions furnished to any department or agency of the
State for official use. When any such copy or reproduction is
authenticated by the Great Seal of the State of Illinois and
is certified by the Secretary, or in his name by his
authorized representative, such copy or reproduction shall be
admitted in evidence as if it were the original.
(7) any official of the State of Illinois may turn over
to the Secretary of State, with his consent, for permanent
preservation in the State Archives, any official books,
records, documents, original papers, or files, not in current
use in his office, taking a receipt therefor.
(8) (Blank). shall require of all persons, firms,
corporations or other legal entities who desire access to
information not defined as public records or as records open
to public inspection, but open to the public, as provided in
this Act, an affidavit dated and signed by the person making
the request or his representative, notarized by a notary
public, and containing substantially the following:
"Application and Agreement for Release of Information
"The Secretary of State, State of Illinois, agrees to
release the following described information subject to the
following agreement:
"It is hereby agreed by ,known as
the User, that the information, lists, names and other
material provided by the Office of the Secretary of State
shall not be made available to other persons, firms,
corporations or other legal entities. The User agrees that
it shall preserve the confidentiality of any person or
persons named in these records.
"The information contained shall not be exchanged with
any other person, firm or corporation for other information
or lists unless the identity of any person or persons named
in these records has been removed. Such an act shall
constitute a material breach of this agreement and all
information previously received by the User shall be returned
to the Office of the Secretary of State, State of Illinois.
"The user understands that any violation of this
agreement is a Class A misdemeanor, punishable by
imprisonment in a penal institution other than a penitentiary
for not more than one year or a fine not exceeding $1,000, or
both.
"Description of information:______________________________
_____________________________________________________________
__________________ _________________________________________
Date Date
__________________ _________________________________________
Signature Signature
____________________ Secretary of State, State of Illinois
User or his representative by
__________________________ Director
User's name, if not above Archives and Records Division
__________________________
User's Address"
A violation of the provisions of an agreement under this
paragraph (8) is a Class A misdemeanor.
(9) may cooperate with the Illinois State Genealogical
Society, or its successor organization, for the mutual
benefit of the Society and the Illinois State Archives, with
the State Archives furnishing necessary space for the society
to carry on its functions and keep its records, to receive
publications of the Illinois State Genealogical Society, to
use members of the Illinois State Genealogical Society as
volunteers in various archival projects and to store the
Illinois State Genealogical Society's film collections.
(Source: P.A. 85-1238.)
(5 ILCS 160/9) (from Ch. 116, par. 43.12)
Sec. 9. The head of each agency shall establish, and
maintain an active, continuing program for the economical and
efficient management of the records of the agency.
Such program:
(1) shall provide for effective controls over the
creation, maintenance, and use of records in the conduct of
current business and shall ensure that agency electronic
records, as specified in Section 5-135 of the Electronic
Commerce Security Act, are retained in a trustworthy manner
so that the records, and the information contained in the
records, are accessible and usable for reference for the
duration of the retention period; all computer tape or disk
maintenance and preservation procedures must be fully applied
and, if equipment or programs providing access to the records
are updated or replaced, the existing data must remain
accessible in the successor format for the duration of the
approved retention period;
(2) shall provide for cooperation with the Secretary in
appointing a records officer and in applying standards,
procedures, and techniques to improve the management of
records, promote the maintenance and security of records
deemed appropriate for preservation, and facilitate the
segregation and disposal of records of temporary value; and
(3) shall provide for compliance with the provisions of
this Act and the rules and regulations issued thereunder.
This Section shall not apply to State colleges and
universities and their governing boards.
(Source: P.A. 83-663.)
(5 ILCS 160/11) (from Ch. 116, par. 43.14)
Sec. 11. Violation. All records made or received by or
under the authority of or coming into the custody, control or
possession of public officials of this State in the course of
their public duties are the property of the State and shall
not be mutilated, destroyed, transferred, removed or
otherwise damaged or disposed of, in whole or in part except
as provided by law. Any person who knowingly and without
lawful authority alters, destroys, defaces, removes, or
conceals any public record commits a Class 4 felony.
(Source: Laws 1957, p. 1687.)
(5 ILCS 160/12) (from Ch. 116, par. 43.15)
Sec. 12. The Secretary shall make continuing surveys of
State records management and disposal practices and obtain
reports thereon from agencies and their staff.
(Source: Laws 1957, p. 1687.)
(5 ILCS 160/13) (from Ch. 116, par. 43.16)
Sec. 13. The Secretary, with due regard to the program
activities of the agencies concerned, shall make provision
for the economical and efficient management of records of
State agencies by analyzing, developing, promoting,
coordinating, and promulgating standards, procedures, and
techniques designed to improve the management of records, to
insure the maintenance and security of records deemed
appropriate for preservation, and to facilitate the
segregation and disposal of records of temporary value. The
Secretary shall aid also in promoting the efficient and
economical utilization of space, equipment, and supplies
needed for the purpose of creating, maintaining, storing, and
servicing records.
This Section shall not apply to State colleges and
universities and their governing boards.
(Source: P.A. 83-663.)
(5 ILCS 160/15) (from Ch. 116, par. 43.18)
Sec. 15. The Secretary shall establish, maintain, and
operate records centers for the storage, care, and servicing
of records of State agencies pending their deposit in the
State Archives or the disposition of such records in any
other manner authorized by law. The Secretary may establish,
maintain, and operate centralized microfilming and digital
reproduction services for agencies.
(Source: Laws 1957, p. 1687.)
(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 members: the Secretary of
State, or his representative, who shall act as chairman; the
State Historian, who shall serve as secretary; the State
Treasurer, or his authorized representative; the Director of
Central Management Services, or his authorized
representative; the Attorney General, or his authorized
representative; and the State Comptroller, or his authorized
representative. 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.
(Source: P.A. 82-789.)
(5 ILCS 160/17) (from Ch. 116, par. 43.20)
Sec. 17. Regardless of other authorization to the
contrary, no record shall be disposed of by any agency of the
State, unless approval of the State Records Commission is
first obtained. The Commission shall issue regulations, not
inconsistent with this Act, which shall be binding on all
agencies. Such regulations shall establish procedures for
compiling and submitting to the Commission lists and
schedules of records proposed for disposal; procedures for
the physical destruction or other disposition of records
proposed for disposal; and standards for the reproduction of
records by digital, photographic, photography or
microphotographic processes with the view to the disposal of
the original records. Such standards shall relate to the
electronic digital process and format, quality of film used,
preparation of the records for reproduction filming, proper
identification matter on the records so that an individual
document or series of documents can be located on the film or
electronic medium with reasonable facility, and that the
copies contain all significant record detail, to the end that
the photographic, or microphotographic, or digital copies
will be adequate.
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 Library or State Historical Library Museum or
with a historical society, museum or library.
(Source: P.A. 76-1667.)
(5 ILCS 160/18) (from Ch. 116, par. 43.21)
Sec. 18. The head of each agency shall submit to the
Commission, in accordance with the regulations of the
Commission, lists or schedules of records in his or her
custody and his or her proposal for that are not needed in
the transaction of current business and that do not have
sufficient administrative, legal or fiscal value to warrant
their further preservation. The head of each agency also
shall submit lists or schedules proposing the length of time
each record series warrants retention for administrative,
legal or fiscal purposes after it has been created or
received by the agency.
(Source: Laws 1957, p. 1687.)
(5 ILCS 160/22c) (from Ch. 116, par. 43.25c)
Sec. 22c. The State Archives Advisory Board shall also
serve as the Illinois State Historical Records Advisory
Board. This Board shall:
(1) serve as the State advisory body required by federal
agencies to approve historical record grant applications;
(2) promote the identification, preservation, access to,
and use of historical records in Illinois; and
(3) meet at least once each year.
The Director of the State Archives shall serve as the
coordinator of this Board and assist the Board in its
functions. The Secretary may appoint additional assistants,
who must be technically qualified and experienced in records
management and historic records preservation, as necessary to
carry out the functions of this Board. The Secretary, no
later than April 1, 1992, shall provide the General Assembly
with his recommendations for the archiving of local
government documents on optical disk media.
(Source: P.A. 87-825.)
(5 ILCS 160/24) (from Ch. 116, par. 43.27)
Sec. 24. Auditor General. The Auditor General shall
audit agencies for compliance with this Act when conducting
compliance audits and shall report his or her findings to the
agency and the Secretary.
Any officer or employee who violates the provisions of
subsection (b) of Section 3 of this Act is guilty of a Class
B misdemeanor.
(Source: P.A. 77-2221.)
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
5 ILCS 160/1.5 new
5 ILCS 160/2 from Ch. 116, par. 43.5
5 ILCS 160/3 from Ch. 116, par. 43.6
5 ILCS 160/3.5
5 ILCS 160/4 from Ch. 116, par. 43.7
5 ILCS 160/7 from Ch. 116, par. 43.10
5 ILCS 160/9 from Ch. 116, par. 43.12
5 ILCS 160/11 from Ch. 116, par. 43.14
5 ILCS 160/12 from Ch. 116, par. 43.15
5 ILCS 160/13 from Ch. 116, par. 43.16
5 ILCS 160/15 from Ch. 116, par. 43.18
5 ILCS 160/16 from Ch. 116, par. 43.19
5 ILCS 160/17 from Ch. 116, par. 43.20
5 ILCS 160/18 from Ch. 116, par. 43.21
5 ILCS 160/22c from Ch. 116, par. 43.25c
5 ILCS 160/24 from Ch. 116, par. 43.27
Passed in the General Assembly May 08, 2002.
Governor Amendatory Veto August 02, 2002.
General Assembly Accepts Amendatory Veto December 04, 2002.
Returned to Governor for Certification December 11, 2002.
Governor Certifies Changes January 03, 2003.
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