(55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)
(Text of Section before amendment by P.A. 103-400)
Sec. 3-5015. Certificates of discharge or release from active duty. Certificates of discharge or MEMBER-4 copy of certificate of release or
discharge from active duty of honorably discharged or separated members of
the military, aviation and naval forces of the United States shall be
recorded by each recorder, free of charge, in a separate book which shall
be kept for the purpose. The recorder in counties of over 500,000
population shall as soon as practicable after the recording of the original
discharge certificate or MEMBER-4 copy of certificate of release or
discharge from active duty, deliver to each of the persons named in the
discharge certificate or MEMBER-4 copy of certificate of release or
discharge from active duty, or his agent, one certified copy of his discharge
certificate or MEMBER-4 copy of certificate of release or discharge from
active duty without charge. Additional certified copies shall be furnished
by the recorder upon the payment to the recorder of a fee
of $1.25, payable in advance, for each such additional certified copy.
Upon the delivery of the certificate of discharge or MEMBER-4 copy of
certificate of release or discharge from active duty after the recordation
thereof is completed, and the delivery of one certified copy thereof to the
person named in the discharge certificate or MEMBER-4 copy of certificate
of release or discharge from active duty or his agent, the receipt
theretofore issued by the recorder, or a copy thereof shall be
surrendered to the recorder, with a signed statement acknowledging
the receipt of the discharge certificate or MEMBER-4 copy of certificate
of release or discharge from active duty and the certified copy thereof.
Certified copies of the certificates of discharge or MEMBER-4 copy of
certificate of release or discharge from active duty furnished by the
recorder may vary from the size of the original, if in the
judgment of the recorder, such certified copies are complete and
legible.
A military discharge form (DD-214) or any other certificate of discharge or
release from active duty document that was issued by the United States
government or any state government in reference to those who served with an
active or inactive military reserve unit or National Guard force and that was
recorded by a County Clerk or Recorder of Deeds is not subject to public
inspection, enjoying all the protection covered by the federal Privacy Act of
1974 or any other
privacy law. These documents shall be accessible only to the person named in
the document, the named person's dependents, the county veterans' service
officer, representatives of the Department of Veterans' Affairs, or any person
with
written authorization from the named person or the named person's dependents. Notwithstanding any other provision in this paragraph, these documents shall be made available for public inspection and copying in accordance with the archival schedule adopted by the National Archives and Records Administration and subject to redaction of information that is considered private under the Illinois Freedom of Information Act, the federal Freedom of Information Act, and the federal Privacy Act.
(Source: P.A. 101-402, eff. 8-16-19.)
(Text of Section after amendment by P.A. 103-400)
Sec. 3-5015. Certificates of discharge or release from active duty. Certificates of discharge or MEMBER-4 copy of certificate of release or
discharge from active duty of honorably discharged or separated members of
the military, aviation and naval forces of the United States shall be
recorded by each recorder, free of charge, in a separate book or computer database which shall
be kept for the purpose. The recorder in counties of over 500,000
population shall as soon as practicable after the recording of the original
discharge certificate or MEMBER-4 copy of certificate of release or
discharge from active duty, deliver to each of the persons named in the
discharge certificate or MEMBER-4 copy of certificate of release or
discharge from active duty, or the person's agent, one certified copy of the person's discharge
certificate or MEMBER-4 copy of certificate of release or discharge from
active duty without charge. Additional certified copies shall be furnished
by the recorder upon the payment to the recorder of a fee
of $1.25, payable in advance, for each such additional certified copy. The recorder may waive the fee for reasonable requests for additional copies if the recorder deems collecting the fee to be a burden to the county, but only if the fee is waived for all reasonable requests for additional copies under this Section.
Upon the delivery of the certificate of discharge or MEMBER-4 copy of
certificate of release or discharge from active duty after the recordation
thereof is completed, and the delivery of one certified copy thereof to the
person named in the discharge certificate or MEMBER-4 copy of certificate
of release or discharge from active duty or the person's agent, the receipt
theretofore issued by the recorder, or a copy thereof shall be
surrendered to the recorder, with a signed statement acknowledging
the receipt of the discharge certificate or MEMBER-4 copy of certificate
of release or discharge from active duty and the certified copy thereof.
Certified copies of the certificates of discharge or MEMBER-4 copy of
certificate of release or discharge from active duty furnished by the
recorder may vary from the size of the original, if in the
judgment of the recorder, such certified copies are complete and
legible.
A military discharge form (DD-214) or any other certificate of discharge or
release from active duty document that was issued by the United States
government or any state government in reference to those who served with an
active or inactive military reserve unit or National Guard force and that was
recorded by a County Clerk or Recorder of Deeds is not subject to public
inspection, enjoying all the protection covered by the federal Privacy Act of
1974 or any other
privacy law. These documents shall be accessible only to the person named in
the document, the named person's dependents, the county veterans' service
officer, representatives of the Department of Veterans' Affairs, or any person
with
written authorization from the named person or the named person's dependents. Notwithstanding any other provision in this paragraph, these documents shall be made available for public inspection and copying in accordance with the archival schedule adopted by the National Archives and Records Administration and subject to redaction of information that is considered private under the Illinois Freedom of Information Act, the federal Freedom of Information Act, and the federal Privacy Act.
(Source: P.A. 103-400, eff. 1-1-24.)
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