Bill Text: IL SB1007 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the Recorder Division of the Counties Code. Provides that certificates of discharge and other specified documents relating to military service that have been recorded by a county clerk or recorder of deeds 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. Effective date.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0402 [SB1007 Detail]
Download: Illinois-2019-SB1007-Chaptered.html
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Public Act 101-0402 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
3-5015 as follows:
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(55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)
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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
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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
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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.
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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
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theretofore issued by the recorder, or a copy thereof shall be
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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.
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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.
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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
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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.
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(Source: P.A. 93-468, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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