State Summary and Statutesappendix 1 and 2

State Summary and StatutesAppendix 1 and 2

Enacted in 2003

Arizona, Arkansas, Idaho, Illinois, Missouri, North Carolina, South Dakota, Texas

Updates

Latest Update: August 26, 2003

Added Illinois enactment

Latest Update: August 9, 2003

Added South Dakota new bill enacted

Latest Update: July 25, 2003

Added introduced bill (AB 1179) in California

Latest Update: July 17, 2003

Arizona bill enacted.

Latest Update: June 5, 2003

North Carolina, Texasand Missouribills enacted.

Latest Update: June 5, 2003

Add enacted version of Iowa bill.

Add proposed version of North Carolina bill.

Latest Update: March 6, 2003

Add enacted version of Arkansas bill.

Latest Update: February 28, 2003

Alaska proposed statute added.

A related law in Massachusetts added.

Latest Update: February 17, 2003

Added new Idaho law

Latest Update: February 14, 2003

Wyoming proposed legislation added.

Latest Update: February 9, 2003

Arkansas proposed legislation added. Missouri proposed legislation—second version added.

Latest Update: January 21, 2003

Missouri proposed legislation added.

Latest Update: December 9, 2002

Amendment in North Carolina.

Last Update: November 23, 2002

Add section for proposed legislation, starting on this page with Arizona and Texas.

Last Update: November 18, 2002

Add Alaska

Last Update: November 13, 2002

Add New Jersey

Last Update: November 4, 2002

Add Minnesota

Last Update: November 3, 2002

Add Colorado, Kentucky, Missouri, Texas

Last Update: October 28, 2002

Add Iowa, South Carolina

Last Update: September 29, 2002

Added Oklahoma, Wisconsin

Prior Update: September 2, 2002

Connecticut, Georgia, Michigan, Nebraska, North Dakota, Ohio, Pennsylvania, Virginia, Washington, Wisconsin

Appendix 1—State Summary Chart

Introduction

Each state has enacted laws that apply to the acceptance, recording and access to copies of military discharge papers. This appendix summarizes the laws in those states that have enacted restrictions on access to these papers. Appendix 2 quotes the laws in each of the states regarding confidentiality of military discharge papers.

Columns

State

An asterisk (*) indicates that the state is represented on the DD214 workgroup.

Keywords

One of the joys of finding the statutes in each state about any given subject is puzzling out what each state calls the subject. The keywords indicated for each state are the terms we used to find in its legislation on the subject, using Lexis.

Citations

These are the statute reference numbers in each state that deal with military discharge papers. If the year the statute was enacted, or the bill number, is known, it is given in parentheses.

File or Record

We are not sure whether this is useful information, but we state how each state’s statute reads.

Access Restrictions

Access restrictions and other information pertinent to access are coded as follows:

None

State Summary and StatutesAppendix 1 and 2

A—Authorized agent, including executor, attorney, attorney in fact, conservator, etc.

C—Court

D—Genealogical society or purposes

F—Funeral director or embalmer

G—Other government agencies

GL—State Librarian

I—Insurance company

IF—Immediate family

R—Relative of subject

S—Subject

U—Person who needs information to provide a benefit to subject (Use restriction)

V—Veterans advocate organization

Time—Public after a number of years

Public—If certain information that is part of the document is available to the public, the information is listed here.

Appendix 1 and 2State Summary and Statutes

Federal Law

Veterans' Records are covered by federal law at. 38 USCS §§ 3301-3305. Restrictions on access to military discharge records are covered in 5 USCS § 552, especially (b)(6), and the NARA rules at 1228.168.

State / Keywords / Citations / File or Record / Access Restrictions
Alabama / Military discharge / 12-13-41(15)(a) / Record / None
Alaska*
(3/03) / 26.10.070
40.25.121
40.17.140 (Proposed) / Record / None; As in Missouri, the subject and agents get free copies.
See proposed statute.
Arizona*
7/03) / Military and record / 11-465 (amended 2003) / Record / A, G, I, F, R, U
Arkansas* / 14-2-102 (2003)
25-19-105(b) (2003) / S, A,V, C
Time: 70 years
California* / Military discharge / 27381 / Record / None
Colorado* / Military discharge
Military record;
DD214 / 28-5-101;
24-72-204 (Open records exceptions; amended 2002)’ / Record;
File / If deceased: IF
Records restricted as of 7/1/2002.
Recorders on their own regarding prior records: “take appropriate protective actions.”
Quotes federal law and refers to NARA regs. These regs require use of a federal form SF 180 to request discharge papers.
Connecticut / Military discharge;
DD 214 / HB 5625 (2002, effective October 1, 2002) / File / S, A, G, U, D, GL
Time: 75 years
Delaware / None found
District of Columbia / None found
Florida / Military and discharge / 28.222; 28.2221 (amended 2002) / Record / No restrictions on access at county office; No images on Internet after 6/5/02, and veterans can request removal of earlier filed papers.
Georgia / Military discharge;
DD Form 214, Form 13038 / 15-6-72 (2002) / Record / S, IF, A
Time: 50 years
$ penalties for disclosure
Hawaii / Military and discharge / 502-101 / None
Idaho*
(2/03) / Bill 84 (2003) amending 65-301 and 9-340C / S, R, A, C may (1) request removal of record and (2) consent to any release of record.
Illinois
9/03) / Military and discharge / 55 ILCS 5/3-5012;
55 ILCS 5/3-5015 (amended 2003, effective 1/1/2004) / Record / S, IF, V, G, A
No time limit. Amemdnment appears to be retroactive.
Indiana / Military discharge / 10-5-4-1; 10-5-4-2; 10-5-4-3 / Record / None
Iowa* / Military discharge;
Military personnel records / 331.607-608;
331.606A (added 2002)
331.608 (amended 2003) / Record and index / 2003-Makes records confidential
S,F,C,G
Time: 75 years
May be retroactive? (5/03)
2002-607(6) gives recorders broad discretion which they are using to restrict access by requiring an ID from anyone requesting papers.
New legislation keeps the papers off the Internet.
Kansas* / Military Service / K.S.A. 73-210, 210a / Record / S, R, A
Kentucky* / Military discharge;
Discharge papers / Fees: 64-012
422.090 / Record / None
Louisiana / None found
Maine / None found
Maryland / Military discharge / 2-207 / None
Massachusetts
(2/03) / None found.
108 CMR 8.01 states where to find information. / May not have any recording.
Michigan* / Military discharge / 35.32 / Registered in Clerk’s office / S, A, IF, G
Time: 70 years
Public: Name, rank, unit, dates of service, medals
Minnesota* / Certificates of discharge / 386.20 / Record / None
Mississippi / Military and discharge / 35-3-13 (amended 2002) / Record / S, A, IF
Missouri*
(7/03) / Discharge and militia / 41.420.1
58.480 (amended in 2003, effective 8/28/030 / Record / 2003 act substantially follows PRIA/ NACVSO proposed act.
PlatteCounty keeps list of requesters for 5 years.
Montana / Military and discharge / 7-4-2614 / None
Nebraska / Armed force and confidential / 23-1309, 1310 / Record / S, G, V
Time: None
Nevada / Military and discharge / 419-020 / None
New Hampshire / None found
New Jersey / (discharge and veteran) / 22A:4-4.1;
38:25-5, -6 / Record / S, IF, A for certified copies; but otherwise, None
New Mexico / None found
New York / None found
North Carolina* (7/03) / Military and discharge / 47-110;
47-113.1 added 2002, effective 7/1/2003; repealed 6/26/03
47.113.2 (2003; effective 1/1/04) / Record / New 2003 law follows PRIA/ NACVSO proposed model act closely.
North Dakota / Military discharge / 37-01-34 / S, A, IF, G, V
Time: None
Retained 100 years, then destroyed
Ohio / DD-214
Discharge Paper / HB 309 (2002) amending 317.24[1] / Record / Veteran can request expunging paper or redacting certain information from papers. 2002 amendment (1) to include all types of military separation papers, and (2) to add SSN to data that may be expunged.
Oklahoma* / DD Form 214 / Sec. 270 of Title 19 amended eff. 7/1/2002 / File / Only covers DD 214;
S, IF, A, C, F, G
Oregon / None found
Pennsylvania / Military or naval discharge;
Separation
DD Form 214 / Fees: 16 PS 11411;
Record: 16 PS 9759
Access: 16 PS 9759.1 / Record / S, IF, A, C, G
Time: 75 years
Rhode Island / None found
South Carolina / DD 214 / 30-15-10 thru 60 amended 2002 by SB1087 / Record in special book; / Oath required to record.
2002 Amendment provisions:
S, IF, A, C
Time: D 50 years after death.
Document may not be disclosed by user, and may not be used for commercial purposes.
Handling requests may be assigned to county veteran’s affairs officer.
South Dakota / Military discharge / 33-17-14 (Amended 2003) / Record / S, A, IF, V, G
No time limit
Tennessee / Military discharge / 8-21-1001 (No fee to register) / Register / None
Texas*
(7/03) / Military discharge / Loc. Gov. Code 192.002 (amended 2003)
552.140 (added 2003; effective 9/1/03) / Record / S, A, IF, G, C
Time: 75 years
Utah / Military discharge / 17-21-14 / Record / None?
Vermont / None found / None
Virginia / DD 214 / 17.1-265 / Record / S, A, G, D
Time: None
Confidentiality applies only to newly submitted papers!
Washington* / DD 214;
Military discharge
Discharge papers / HB 2453 (effective July 1, 2002) added section (aaa) to RCW 42.17.310 and RCW 73.04.030 / File / S, A
Time: None
“Request for Exemption from Public Disclosure of Discharge Papers” being developed for pre-July 1, 2002 filings. Fee may be charged for this form!
Request form also being developed.
West Virginia / None found
Wisconsin* / Armed forces
Honorably discharged / 45.21 / Record / S, A, IF, G
Wyoming* / Military discharge / 18-3-402 (No fee for recording)
19-14-104 amendment proposed in 2003 / Recording / None

Appendix 2—State Statutes

Introduction

This appendix is devided into two sections. The first quotes state statutes proposed in the 2003 state legislative sessions that the Workgroup is aware of. The second section quotes enacted statutes. Both sections are in alphabetic state order. .

If a statute just allows for recording and nothing more, it is not quoted here. See the Chart in Appendix 1 for the statutory citation in those states not listed here.

A. Proposed Legislation (2003)

States Included

Alaska, Arizona (version enacted 2003), Arkansas (version enacted 2/28/03—See statute section, Wyoming, California

June 5, 2003—Also (not printed here) Illinois, Massachusetts.

Alaska

HOUSE BILL NO. 121

01 "An Act relating to the removal of and access to certain recorded documents."

02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

03 * Section 1. AS 40.17 is amended by adding a new section to read:

04 Sec. 40.17.140. Treatment of certain documents. (a) Notwithstanding any

05 other provision of this chapter, the recorder shall, at the request of an individual who

06 was discharged by a discharge document and after payment of a fee established by the

07 department by regulation,

08 (1) remove a recorded discharge document from the recorded

09 documents maintained under this chapter and from public inspection and copying; or

10 (2) allow access to a recorded discharge document only to a person

11 whom the individual who was discharged authorizes to have access to the document.

12 (b) The recorder may require an individual who is requesting removal of or

13 restricted access to a recorded discharge document to provide identification that is

14 satisfactory to the recorder before removing or restricting access to the document.

15 (c) In this section, "discharge document" means a document under which an

01 individual is discharged from the military service of the United States.

Arizona

Draft language as of 12/2002

Add language to ARS 11-465.

INFORMATION CONTAINED IN THE MILITARY SERVICE RECORD DD-214 OR ITS EQUIVALENT SHALL NOT BE DISCLOSED TO THE GENERAL PUBLIC IF STORED IN ELECTRONIC FORMAT. THE COUNTY RECORDER SHALL PROVIDE ACCESS TO A MILITARY SERVICE RECORD DD-214 OR ITS EQUIVALENT ONLY TO AN OFFICIAL OF THE UNITED STATES, CLAIMANT, HIS/HER GUARDIAN, PERSONAL REPRESENTATIVE OR ATTORNEY IN ACCORDANCE WITH 39-122 TO BE USED IN CONNECTION WITH A CLAIM FOR A PENSION, ALLOTMENT, ALLOWANCE, COMPENSATION, INSURANCE OR OTHER BENEFITS WHICH IS TO BE PRESENTED TO THE UNITED STATES OR A BUREAU OR DEPARTMENT THEREOF.

Arkansas

State of Arkansas

84th General Assembly A Bill

HOUSE BILL 1345 Regular Session, 2003

For An Act To Be Entitled

AN ACT TO PROTECT VETERANS FROM IDENTITY THEFT BY MAKING MILITARY SERVICE DISCHARGE RECORDS FILED WITH THE COUNTYRECORDER CONFIDENTIAL; AND FOR OTHER PURPOSES.

Subtitle

TO PROTECT VETERANS FROM IDENTITY THEFT BY MAKING MILITARY SERVICE DISCHARGE RECORDS FILED WITH THE COUNTYRECORDERCONFIDENTIAL

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION 1. Arkansas Code § 14-2-102, regarding records of military discharges, is amended to add additional subsections to read as follows:

(c)(1) A military service discharge record or DD Form 214 for a veteran discharged from service less than seventy (70) years from the current date and filed with the county recorder shall be confidential and may be viewed or reproduced only by:

(A) The veteran;

(B) The veteran’s spouse or child;

(D) A county or state veterans’ service officer that is assisting the veteran or the veteran’s family with a veteran’s benefit application; or

(E) A person authorized by the court to view or copy the military service discharge record or DD Form 214 upon presentation of a court order.

(2) The county recorder shall record the names and addresses of all persons viewing or copying a military service discharge record or Form DD 214 under this subsection (c).

(3) No fee shall be charged for reproduction cost under this subsection (c).

(d)(1) A military service discharge record for a veteran discharged from service more than seventy (70) years from the current date and filed with the county recorder shall be public record.

(2) No fee shall be charged for reproduction cost under this subsection (d).

(e) The county recorder may maintain a record book that contains any of the following information about veterans for public record:

(A) Name;

(B) Rank;

(D) Dates of military service;

(E) Medals conferred upon the veteran; and

(F) Awards conferred upon the veteran.

SECTION 2. Arkansas Code § 25-19-105(b), regarding documents exempted from the Arkansas Freedom of Information Act, is amended to add an additional subdivision to read as follows:

(15) Military service discharge records or DD Form 214 for veterans discharged from service less than seventy (70) years from the current date and filed with the county recorder as provided under § 14-2-102.

SECTION 3. EMERGENCY CLAUSE. It is found and determined by the General Assembly of the State of Arkansas that for many years, veterans were advised to file their military service discharge records or DD Form 214 with the court recorder; that these forms contain sensitive information that can be used by identity thieves to obtain credit in the veteran's name or otherwise defraud the veteran or his or her family; in recent years, the incident of identity theft has increased; that incidents of identity thieves using the military service discharge records or DD Form 214 to obtain credit in the veteran's name or otherwise defraud the veteran or his or her family has occurred; that the effects on the veteran and the veteran's family are devastating; and that this act is immediately necessary to protect veterans and their families from identity theft by making military service discharge records or DD Form 214 filed with the county recorder confidential and not subject to the Arkansas Freedom of Information Act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on:

(1) The date of its approval by the Governor;

(2) If the bill is neither approved nor vetoed by the Governor,

the expiration of the period of time during which the Governor may veto the bill; or

(3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.

California

BILL NUMBER: AB 1179AMENDED

BILL TEXT

AMENDED IN SENATE JULY 21, 2003

AMENDED IN ASSEMBLY JUNE 3, 2003

AMENDED IN ASSEMBLY MAY 5, 2003

INTRODUCED BY Assembly Member Parra

(Coauthor: Assembly Member Maze)

(Coauthors: Senators Ashburn and Chesbro)

FEBRUARY 21, 2003

An act to amend Section 6107 of , and to add Section 27201.5

to, the Government Code, and to amend Section 103526 of

the Health and Safety Code, relating to veterans

public records, and declaring the urgency thereof, to

take effect immediately .

LEGISLATIVE COUNSEL'S DIGEST

AB 1179, as amended, Parra. Veterans: public

Public records.

Existing law prohibits any public entity from charging any fee for

recording, indexing, or issuing certified copies of specified

documents related to service in the armed forces of the United

States, including any public record required to apply for and receive

benefits from the Veterans Administration or any other federal or

state benefits. Existing law further requires that recording,

indexing, or issuing certified copies of these documents be rendered

on request of a United States official, a claimant or applicant, or

the guardian, conservator, or attorney of the claimant or applicant,

or any other person acting on behalf of the claimant or applicant.

This bill would provide that a certified copy of veteran's records

shall be made available only to the person who is the subject of the

record upon presentation of proper photo identification, to a family

member or legal representative of the person who is the subject of

the record upon presentation of proper photo identification and

certification of their relationship to the subject of the record, or

to a county office that provides veteran's benefits services or a

United States official upon written request.

Under existing law, if the State Registrar, local registrar, or

county recorder receives a written request for a certified copy of a

birth or death record that is accompanied by a notarized statement

sworn under penalty of perjury that the requester is an authorized

person, as defined, that official may furnish a certified copy to the

applicant.

This bill would also apply that authorization to requests for

certified military service records received by the State Registrar,

local registrar, or county recorder, and would authorize the State

Registrar, local registrar, or county recorder to issue the certified

copy to an applicant pursuant to the receipt of a faxed copy of a

notarized statement sworn under penalty of perjury. This bill would

also specify that if a written request for a copy of a military

service record is submitted to the county recorder by fax, the county

recorder may furnish a certified copy of the military record to the

applicant.

Existing law requires a county recorder to accept for recordation

any instrument, paper, or notice that is authorized or required by

statute or court order to be recorded, if specified requirements are

met and the instrument, paper, or notice is photographically

reproducible.

This bill would specify that a notary acknowledgment shall be

deemed complete for recording purposes without a photographically

reproducible official seal of the notary public if the official seal

is present and legible, and specified information is typed or printed

in a manner that is photographically reproducible below, or

immediately adjacent to, the notary's signature in the

acknowledgment. The bill would also require, when a request for a

certified copy of a birth or death record is received by mail, that a

notarized statement accompany the request stating that the requester

is an authorized person.

This bill would declare that it is to take effect immediately as

an urgency statute.

Vote: majority 2/3 .

Appropriation: no. Fiscal committee: no