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Full Text of HB4888
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HB4888 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4888
Introduced , by Rep. Janet Yang Rohr
SYNOPSIS AS INTRODUCED:
50 ILCS 205/3
from Ch. 116, par. 43.103
50 ILCS 205/7
from Ch. 116, par. 43.107
50 ILCS 205/10
from Ch. 116, par. 43.110
Amends the Local Records Act. Provides that, except as otherwise
provided by law, no public record shall be disposed of by any officer or
agency unless in compliance with an application for authority to dispose
of local records (rather than unless the written approval of the
appropriate Local Records Commission is first obtained). Defines
"application for authority to dispose of local records".
LRB104 18197 RTM 31636 b
A BILL FOR
HB4888
LRB104 18197 RTM 31636 b
1
AN ACT concerning local government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Local Records Act is amended by changing
5
Sections 3, 7, and 10 as follows:
6
(50 ILCS 205/3)
(from Ch. 116, par. 43.103)
7
Sec. 3.
Except where the context indicates otherwise, the
8
terms used in this Act are defined as follows:
9
"Agency" means any court, and all parts, boards,
10
departments, bureaus and commissions of any county, municipal
11
corporation or political subdivision.
12
"Application for authority to dispose of local records"
13
means an Agency-specific document that is created and approved
14
by a commission and that provides a listing of all public
15
records held by the Agency and their required retention
16
timeframes.
17
"Archivist" means the Secretary of State.
18
"Born-digital electronic material" means electronic
19
material created in digital form rather than converted from
20
print or analog form to digital form.
21
"Commission" means a Local Records Commission.
22
"Court" means a court, other than the Supreme Court.
23
"Digitized electronic material" means electronic material
HB4888
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LRB104 18197 RTM 31636 b
1
converted from print or analog form to digital form.
2
"Junk mail" means (i) any unsolicited commercial mail sent
3
to a public body and not responded to by an official, employee,
4
or agent of the public body or (ii) any unsolicited commercial
5
electronic communication sent to a public body and not
6
responded to by an official, employee, or agent of the public
7
body.
8
"Officer" means any elected or appointed official of a
9
court, county, municipal corporation or political subdivision.
10
"Public record" means any book, paper, map, photograph,
11
born-digital electronic material, digitized electronic
12
material, electronic material with a combination of digitized
13
and born-digital material, or other official documentary
14
material, regardless of physical form or characteristics,
15
made, produced, executed or received by any agency or officer
16
pursuant to law or in connection with the transaction of
17
public business and preserved or appropriate for preservation
18
by such agency or officer, or any successor thereof, as
19
evidence of the organization, function, policies, decisions,
20
procedures, or other activities thereof, or because of the
21
informational data contained therein. Library and museum
22
material made or acquired and preserved solely for reference
23
or exhibition purposes, extra copies of documents preserved
24
only for convenience of reference, stocks of publications and
25
of processed documents, and junk mail are not included within
26
the definition of public record. Paper copies of registration
HB4888
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LRB104 18197 RTM 31636 b
1
records, as defined in Section 1 of the Library Records
2
Confidentiality Act (75 ILCS 70/1), shall not be considered
3
public records once the information contained in the paper
4
registration records is transferred into a secure electronic
5
format and checked for accuracy.
6
(Source: P.A. 104-438, eff. 1-1-26.)
7
(50 ILCS 205/7)
(from Ch. 116, par. 43.107)
8
Sec. 7.
Disposition rules.
Except as otherwise provided by
9
law, no public record shall be disposed of by any officer or
10
agency unless
in compliance with an application for authority
11
to dispose of local records
the written approval of the
12
appropriate Local Records Commission is first obtained
.
13
The Commission shall issue regulations which shall be
14
binding on all such officers. Such regulations shall establish
15
procedures for
notifying
compiling and submitting to
the
16
Commission
lists and schedules
of public records
disposed of
17
in compliance with the application for authority to dispose of
18
local records
proposed for disposal
; procedures for the
19
physical destruction or other disposition of such public
20
records; procedures for the management and preservation of
21
electronically generated and maintained records; and standards
22
for the reproduction of such public records by photography,
23
microphotographic processes, or digitized electronic format.
24
Such standards shall relate to the quality of the film to be
25
used, preparation of the public records for filming or
HB4888
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LRB104 18197 RTM 31636 b
1
electronic conversion, proper identification matter on such
2
records so that an individual document or series of documents
3
can be located on the film or digitized electronic form with
4
reasonable facility, and that the copies contain all
5
significant record detail, to the end that the copies will be
6
adequate. Any public record may be reproduced in a microfilm
7
or digitized electronic format. The agency may dispose of the
8
original of any reproduced record providing: (i) the
9
reproduction process forms a durable medium that accurately
10
and legibly reproduces the original record in all details,
11
that does not permit additions, deletions, or changes to the
12
original document images, and, if electronic, that are
13
retained in a trustworthy manner so that the records, and the
14
information contained in the records, are accessible and
15
usable for subsequent reference at all times while the
16
information must be retained, (ii) the reproduction is
17
retained for the prescribed retention period, and (iii) the
18
Commission is notified when the original record is disposed of
19
and also when the reproduced record is disposed of.
20
Such regulations shall also provide that the State
21
archivist may retain any records which the Commission has
22
authorized to be destroyed, where they have a historical
23
value, and that the State archivist may deposit them in the
24
State Archives, State Historical Library, or a university
25
library, or with a historical society, museum, or library.
26
(Source: P.A. 99-147, eff. 1-1-16
.)
HB4888
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LRB104 18197 RTM 31636 b
1
(50 ILCS 205/10)
(from Ch. 116, par. 43.110)
2
Sec. 10.
The head of each agency shall submit to the
3
appropriate Commission, in accordance with the regulations of
4
the Commission, lists or schedules of public records in his
5
custody that are not needed in the transaction of current
6
business and that do not have sufficient administrative, legal
7
or fiscal value to warrant their further preservation. The
8
head of each agency shall also submit lists or schedules
9
proposing the length of time each records series warrants
10
retention for administrative, legal or fiscal purposes after
11
it has been received by the agency. The Commission shall
12
determine what public records have no administrative, legal,
13
research or historical value and should be destroyed or
14
otherwise disposed of and shall authorize destruction or other
15
disposal thereof. No public record shall be destroyed or
16
otherwise disposed of
in a manner contrary to law, and no
17
public record shall be destroyed or otherwise disposed of
by
18
any Local Records Commission
if not in compliance with the
19
application for authority to dispose of local records
on its
20
own initiative, nor contrary to law
. This Section shall not
21
apply to court records as governed by Section 4 of this Act.
22
(Source: P.A. 85-1278.)
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