Bill Text: IL SB2086 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the State Records Act and Local Records Act. Provides that, when an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State Records Commission or Local Records Commission. Provides that, when an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State Records Commission or Local Records Commission, including the time necessary for the record disposal process. Provides that agencies must comply with the provisions of the Acts when destroying or disposing of encrypted public records or public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. Provides that a person who encrypts a public record without lawful authority, or who sets a retention timer for a public record that is not set to the entire retention period as established by the State Records Commission or Local Records Commission, with the intent to defraud a party, public officer, or entity commits a Class 4 felony.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2023-03-21 - Added as Co-Sponsor Sen. Dale Fowler [SB2086 Detail]

Download: Illinois-2023-SB2086-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2086 Introduced 2/9/2023, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED:
5 ILCS 160/14a new
50 ILCS 205/30 new
Amends the State Records Act and Local Records Act. Provides that, when an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State or Local Records Commission. Provides that, when an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State or Local Records Commission, including the time necessary for the record disposal process. Provides that agencies must comply with the provisions of the Act when destroying or disposing of encrypted public records or public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. Provides that a person who encrypts a public record without lawful authority, or who sets a retention timer for a public record that is not set to the entire retention period as established by the State or Local Records Commission, with the intent to defraud a party, public officer, or entity commits a Class 4 felony.
LRB103 04554 AWJ 49561 b
A BILL FOR
SB2086 LRB103 04554 AWJ 49561 b
AN ACT concerning government.
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 adding
Section 14a as follows:
(5 ILCS 160/14a new)
Sec. 14a. Encryption and automatic deletion of records.
(a) When an agency generates a record in an encrypted
format, an encryption key must be available to decrypt the
record for its entire retention period as established by the
State Records Commission. Agencies must comply with the
provisions of this Act when destroying or disposing of
encrypted public records. A person who encrypts a public
record without lawful authority and with the intent to defraud
a party, public officer, or entity commits a Class 4 felony.
(b) When an agency maintains a digital format record
within a digital storage system that allows the user to set
retention timers, these timers must be set to retain the
record for its entire retention period as established by the
State Records Commission, including the time necessary for the
record disposal process. Agencies must comply with the
provisions of this Act when destroying or disposing of public
records maintained in a digital format record within a digital

SB2086 - 2 - LRB103 04554 AWJ 49561 b
storage system that allows the user to set retention timers. A
person who sets a retention timer for a public record that is
not set to the entire retention period as established by the
State Records Commission with the intent to defraud a party,
public officer, or entity commits a Class 4 felony.
Section 10. The Local Records Act is amended by adding
Section 30 as follows:
(50 ILCS 205/30 new)
Sec. 30. Encryption and automatic deletion of records.
(a) When an agency generates a record in an encrypted
format, an encryption key must be available to decrypt the
record for its entire retention period as established by the
Local Records Commission. Agencies must comply with the
provisions of this Act when destroying or disposing of
encrypted public records. A person who encrypts a public
record without lawful authority and with the intent to defraud
a party, public officer, or entity commits a Class 4 felony.
(b) When an agency maintains a digital format record
within a digital storage system that allows the user to set
retention timers, these timers must be set to retain the
record for its entire retention period as established by the
Local Records Commission, including the time necessary for the
record disposal process. Agencies must comply with the
provisions of this Act when destroying or disposing of public

SB2086 - 3 - LRB103 04554 AWJ 49561 b
records maintained in a digital format record within a digital
storage system that allows the user to set retention timers. A
person who sets a retention timer for a public record that is
not set to the entire retention period as established by the
Local Records Commission with the intent to defraud a party,
public officer, or entity commits a Class 4 felony.