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1087Ratification Number: 402Act Number: 308Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20020305Primary Sponsor: BrantonAll Sponsors: BrantonDrafted Document Number: l:\s-jud\bills\branton\jud0103.wsb.docDate Bill Passed both Bodies: 20020529Date of Last Amendment: 20020528Governor's Action: SDate of Governor's Action: 20020605Subject: Defense Department discharge form (DD 214) on file in office of clerk of court is not considered public recordHistory 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
(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."
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.
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