Illinois Compiled Statutes 5 ILCS 160 — State Records Act.

This Act may be cited as the State Records Act

This Act may be cited as the State Records Act. (Source: P.A. 86-1475.)

Purpose

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 c…

For the purposes of this Act: "Secretary" means Secretary of State

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 m…

Records as property of State

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…

Confidentiality of foster placement records

Confidentiality of foster placement records. All records concerning foster placement and foster parent identifying information shall be released only in accordance with Section 35.3 of the Children and Family Services Act. (Source: P.A. 92-866, eff. 1-3-03.)

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 deput…

Arrest records and reports

Arrest records and reports. (a) When an individual is arrested, the following information must be made available to the news media for inspection and copying: (1) Information that identifies the individual, including the name, age, address, and photograph, when and if available. (2) Information detailing any charges re…

The Secretary of State shall provide for a State Archives Division as a repository of State records

The Secretary of State shall provide for a State Archives Division as a repository of State records. The State Archives may utilize space in the Archives Building or other buildings as may be necessary or appropriate for the purpose, in the opinion of the Secretary of State. (Source: Laws 1957, p. 1687.)

The Secretary of State shall be the State Archivist and Records Administrator and he shall appoint such assistants, who shall be technically qualified and experienced in the control and management of archival materials and in records management practices and techniques, as are necessary to carry out his duties as State…

Powers and duties of the Secretary

Powers and duties of the Secretary. (1) The Secretary, 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 valu…

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

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…

Whenever the head of an agency determines that substantial economies or increased operating efficiency can be effected thereby, he may, subject to the approval of the Secretary, provide for the storage, care, and servicing of records that are appropriate therefor in a records center operated and maintained by the Secre…

Violation

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…

The Secretary shall make continuing surveys of State records management and disposal practices and obtain reports thereon from agencies and their staff

The Secretary shall make continuing surveys of State records management and disposal practices and obtain reports thereon from agencies and their staff. (Source: P.A. 92-866, eff. 1-3-03.)

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 o…

The Secretary shall establish standards for the selective retention of records of continuing value and assist agencies in applying such standards to records in their custody

The Secretary shall establish standards for the selective retention of records of continuing value and assist agencies in applying such standards to records in their custody. (Source: Laws 1957, p. 1687.)

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 micr…

The head of each agency shall establish a system for the protection and preservation of essential State records necessary for the continuity of governmental functions in the event of an emergency arising from enemy action or natural disaster and for the reestablishment of State government thereafter. (Source: P.A. 85-4…

The head of each agency shall: (1) Determine what records are "essential" for emergency government operation through consultation with all branches of government, State agencies, and with the State Civil Defense Agency. (2) Determine what records are "essential" for post-emergency government operations and provide for…

There is created the State Records Commission

There is created the State Records Commission. The Commission shall consist of the following State officials or their authorized representatives: the Secretary of State, who shall act as chairman; the Executive Director of the Abraham Lincoln Presidential Library and Museum, who shall serve as secretary; the State Trea…

(a) Regardless of other authorization to the contrary, except as otherwise provided in subsection (b) of this Section, 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, whi…

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 the length of time each record series warrants retention for administrative, legal or fiscal purposes after it has been created or…

All lists and schedules submitted to the Commission shall be referred to the Archivist who shall ascertain whether the records proposed for disposal have value to other agencies of the State or whether such records have research or historical value. The Archivist shall submit such lists and schedules with his recommend…

Nonrecord materials or materials not included within the definition of records as contained in this Act may be destroyed at any time by the agency in possession of such materials without the prior approval of the Commission. The Commission may formulate advisory procedures and interpretation to guide in the disposition…

The Archivist shall submit to the Commission, with his recommendations in writing, disposal lists of records that have been deposited in the State Archives as provided in subsections (1), (2), and (3) of Section 7 of this Act, after having determined that the records concerned do not have sufficient value to warrant th…