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| Public Act 096-1363 | ||||
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AN ACT concerning electronic records.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Government Electronic Records Act. | ||||
Section 5. Policy. It is the policy of the State of | ||||
Illinois to support efforts to reduce government's use of our | ||||
natural resources and to look for ways to implement | ||||
efficiencies. Government agencies should look for ways to | ||||
employ practices that allow for either or both of the | ||||
following: (1) electronic storage of documents and (2) | ||||
electronic transfer of documents. These environmentally | ||||
friendly practices will reduce the State's reliance on paper | ||||
and may ultimately save the State money. | ||||
Section 10. Definitions. | ||||
"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/). | ||
Section 15. Electronic records. | ||
(a) A record created in an electronic format is considered | ||
the same as and has the same force and effect as those records | ||
not produced by electronic means. | ||
(b) Nothing in this Act requires any government agency or | ||
person to use an electronic record or an electronic signature | ||
if doing so could jeopardize the efficient operation of State | ||
government. | ||
(c) Notwithstanding the requirements of this Act, | ||
government agencies that obtain, store, or use electronic | ||
records shall not refuse to accept hard copy, non-electronic | ||
forms and reports, and other paper documents for submission or | ||
filing, except as otherwise provided by law or administrative | ||
rule. | ||
(d) Any government agency that uses electronic records | ||
shall allow any person or entity to have access to copies of | ||
those records as permitted by the Illinois Freedom of | ||
Information Act (5 ILCS 140/) or other applicable law, in paper | ||
form in accordance with the fees prescribed by statute. | ||
Section 20. Electronic transfer of records. | ||
Notwithstanding any law to the contrary, all government | ||
agencies are encouraged to employ electronic means of | ||
transferring records when appropriate. Government agencies may | ||
send by electronic transmission any document, report, or record | ||
that State law would otherwise require to be placed in the U.S. | ||
mail. Those electronic records shall be protected as required | ||
by the Electronic Commerce Security Act (5 ILCS 175/). | ||
Section 25. Electronic retention of documents. All | ||
government agencies are encouraged to employ electronic means | ||
of creating and retaining State records. Electronic retention | ||
of records shall be in accordance with the State Records Act (5 | ||
ILCS 160/) and with administrative rules. | ||
Section 30. Electronic Records Advisory Board. | ||
(a) To assist government agencies in developing and | ||
implementing electronic means of creating and retaining | ||
electronic records, the Electronic Records Advisory Board is | ||
created. The Board's purpose is to make a formal recommendation | ||
related to the use and retention of electronic records. The | ||
Board shall consist of 10 members as follows: | ||
(1) the Treasurer or his or her designee. | ||
(2) the Secretary of State or his or her designee. | ||
(3) the Governor or his or her designee. | ||
(4) the Attorney General or his or her designee. | ||
(5) the Comptroller or his or her designee. | ||
(6) the Director of Central Management Services or his | ||
or her designee. | ||
(7) the University of Illinois President or his or her | ||
designee. | ||
(8) the Department of Central Management Services' | ||
Director of the Bureau of Communication and Computer | ||
Services or his or her designee. | ||
(9) the Director of the Illinois State Archives or his | ||
or her designee. | ||
(10) the Secretary of Transportation or his or her | ||
designee. | ||
(b) Once convened, the Board shall select a chairperson | ||
from its membership. Board members who are not State employees | ||
shall receive no compensation for their services. A quorum of | ||
the Board shall meet no less than 4 times, and the first | ||
meeting shall take place no less than 60 days after the | ||
effective date of this Act. The meetings are subject to the | ||
requirements of the Open Meetings Act (5 ILCS 120/). The | ||
Treasurer's office shall provide administrative support for | ||
the creation, dissemination, retention, and disposition of | ||
Board meeting agendas, minutes, and supporting materials. | ||
(c) By July 1, 2011, the Electronic Records Advisory Board | ||
shall produce a report recommending policies, guidelines, and | ||
best practices on specific electronic records management | ||
issues including, but not limited to, the following: | ||
(1) long-term maintenance of electronic records; | ||
(2) management of electronic files in a networked | ||
environment; | ||
(3) recordkeeping issues in information system | ||
development; | ||
(4) log file management; | ||
(5) management and preservation of web-based records; | ||
and | ||
(6) retention periods for electronic records. | ||
The Board shall submit its policies, guidelines, and best | ||
practices recommendations to the Secretary of State and the | ||
State Records Commission. Within 45 days after the date of this | ||
report, the Secretary of State shall post the Board's | ||
recommendations on the Secretary's Internet website and | ||
distribute those recommendations to all government agencies. | ||
Upon the posting of the Board's recommendations, the Board's | ||
purpose is considered fulfilled, and the Board is thereupon | ||
dissolved. | ||
Section 35. Application. This Act is intended to allow | ||
government agencies to transfer a record by e-mail, or retain | ||
an electronic copy, unless it conflicts with the State Records | ||
Act or its administrative rules, notwithstanding any law to the | ||
contrary. When adopting these electronic practices, government | ||
agencies shall consider the constituent's access to electronic | ||
technology. This Act does not change any State law that | ||
requires publication of information in newspapers of general | ||
circulation. | ||
Section 40. Implementation. Within 6 months after the | ||
Secretary of State's posting of the Board's policies, | ||
guidelines, and best practices recommendations, as provided | ||
for in Section 30 of this Act, all State agencies shall review | ||
those recommendations and take all possible steps consistent | ||
with those recommendations to enhance the use of electronic | ||
means of creating, transmitting, and retaining State records. | ||
Each government agency is required by this Act to post a link | ||
to this Act on its Internet website.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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