South Carolina General Assembly
114th Session, 2001-2002

Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 1087


                    Current Status

Bill Number:                      1087
Ratification Number:              402
Act Number:                       308
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020305
Primary Sponsor:                  Branton
All Sponsors:                     Branton
Drafted Document Number:          l:\s-jud\bills\branton\jud0103.wsb.doc
Date Bill Passed both Bodies:     20020529
Date of Last Amendment:           20020528
Governor's Action:                S
Date of Governor's Action:        20020605
Subject:                          Defense Department discharge form (DD 
                                  214) on file in office of clerk of court is 
                                  not considered public record


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020618  Act No. A308
------  20020605  Signed by Governor
------  20020530  Ratified R402
Senate  20020529  Concurred in House amendment, 
                  enrolled for ratification
House   20020529  Read third time, returned to Senate
                  with amendment
House   20020528  Amended, read second time
House   20020522  Recalled from Committee                25 HJ
House   20020515  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20020514  Read third time, sent to House
Senate  20020509  Amended, read second time
Senate  20020508  Committee report: Favorable with       11 SJ
                  amendment
Senate  20020305  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on May 8, 2002 - Word format
Revised on May 8, 2002-A - Word format
Revised on May 9, 2002 - Word format
Revised on May 22, 2002 - Word format
Revised on May 28, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A308, R402, S1087)

AN ACT TO AMEND SECTION 30-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING A CERTIFIED COPY OF A VETERAN'S REGISTERED DISCHARGE, SO AS TO PROVIDE THAT A DD 214 OR OTHER DISCHARGE RECORD FILED WITH THE CLERK OF COURT IS NOT A PUBLIC RECORD AND IS NOT SUBJECT TO INSPECTION OR DISCLOSURE; TO MAKE IT UNLAWFUL TO DISCLOSE INFORMATION CONTAINED IN THE RECORD; TO ENUMERATE WHO MAY EXAMINE OR OBTAIN A COPY OF SUCH RECORD; TO PROHIBIT THESE RECORDS FROM BEING USED FOR COMMERCIAL PURPOSES; AND TO PROHIBIT A PERSON WHO IS AUTHORIZED TO OBTAIN THIS INFORMATION FROM DISSEMINATING OR DISCLOSING SUCH INFORMATION.

Be it enacted by the General Assembly of the State of South Carolina:

Veterans' discharge records not public information

SECTION 1. Section 30-15-60 of the 1976 Code, as last amended by Act 34 of 1997, is further amended to read:

"Section 30-15-60. (A) Any person authorized in subsection (C) desiring a certified copy of any discharge or certificate of lost discharge, registered under the provisions of this chapter, must apply for it to the clerk of court of the county in which the discharge or certificate of lost discharge is registered, and the clerk of court must furnish a certified copy. Fees for furnishing a certified copy of discharge or DD 214 form may be established by each county, but shall not exceed fifty cents.

(B) The clerk of court or the register of deeds may designate the county veterans' affairs officer to receive these applications and furnish these copies as provided by this section. Subject to the approval of the county governing body, the clerk of court and the county veterans' affairs officer may enter into a written agreement pursuant to which the responsibilities of the clerk of court under this chapter to receive, record, and maintain recorded discharges may be devolved to the county veterans' affairs officer. Upon transfer of the records, the county veterans' affairs officer may issue copies as requested.

(C)(1) A DD 214 record or other discharge record filed pursuant to this chapter is not a public record for purposes of Chapter 4, Title 30. It is unlawful for any person to permit inspection of any such record, to disclose information contained in the record, or to issue a copy of all or any part of the record, except as authorized by this subsection or by order of a court of competent jurisdiction.

(2) Upon presentation of proper identification, any of the following persons may examine a record filed pursuant to this chapter or obtain a copy or certified copy of all or part of such record:

(a) the person who is the subject of the record, or his designee;

(b) the spouse or next of kin of the person who is the subject of the record;

(c) a person named in an appropriate power of attorney executed by the person who is the subject of the record;

(d) the administrator, executor, guardian, or legal representative of the person who is the subject of the record; or

(e) an attorney for any person specified in subitems (a) through (d) of this item.

(3) Records kept pursuant to this chapter shall not be reproduced or used in whole or in part for any commercial or speculative purposes.

(4) Any individual, agency, or court which obtains information pursuant to this subsection must not disseminate or disclose this information or any part thereof except as authorized in this subsection or otherwise by law.

(5) Beginning fifty years after the death of the person who is the subject of the record, any person conducting genealogical research may examine a record filed pursuant to this chapter or obtain a copy or certified copy of all or part of such record."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 30th day of May, 2002.

Approved the 5th day of June, 2002.

__________


This web page was last updated on Tuesday, December 8, 2009 at 11:16 A.M.