South Carolina General Assembly
115th Session, 2003-2004

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Bill 761

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

COMMITTEE REPORT

March 30, 2004

S. 761

Introduced by Senators Martin, Reese and Kuhn

S. Printed 3/30/04--S.    [SEC 3/31/04 3:50 PM]

Read the first time January 13, 2004.

            

THE GENERAL COMMITTEE

To whom was referred a Bill (S. 761) to amend Chapter 11, Title 25 of the 1976 Code by adding Section 25-11-90 to provide for a war roster prepared and distributed by the Division of Veterans' Affairs, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 1, beginning on line 26, by striking SECTION 1 and inserting therein the following:

/            SECTION    1.    Chapter 11, Title 25 of the 1976 Code is amended by adding:

"Section 25-11-90.    (A)    The Division of Veterans' Affairs shall prepare a complete roster of all South Carolina members of the United States military who served on active duty during a period of war to include the following:

(1)    the Korean War,

(2)    the Vietnam War,

(3)    Operation Urgent Fury (Grenada),

(4)    Operation Just Cause (Panama),

(5)    Operations Desert Shield and Desert Storm (Iraq and Kuwait),

(6)    Operation Restore Hope (Somalia),

(7)    Operations Joint Guard, Joint Forge, and Joint Endeavor (Bosnia-Herzegovina),

(8)    Operation Joint Guardian (Kosovo),

(9)    The Global War on Terrorism

(a)    Operation Noble Eagle (Homeland Defense), and

(b)    Operations Enduring Freedom and Iraqi Freedom (Afghanistan, Horn of Africa, Iraq, and Philippines).

(10)    Any contingency operation not listed above.

The list shall be periodically updated to include persons who serve on active duty or are mobilized in the National Guard or the Reserves in any subsequent named military operation in which United States military personnel are engaged in armed conflict or any future war declared by the United States Congress.

(B)    The roster must contain the principal items of record of all military personnel included on the roster as shown by the service cards, DD214, DD215, casualty reports and casualty service records, or records in the office of State Selective Service, the Adjutant General, and the Department of Defense of the United States. The roster must be arranged in the same format as the WWI roster in a manner to make the information readily accessible. Casualties will be annotated with a military cross as in the WWI roster.

(C)    The roster also must contain an Order of Battle to include the name and location of assignment of every unit of the South Carolina National Guard and every active and reserve unit based in South Carolina participating in any of the conflicts listed in subsection (A). The Order of Battle must be periodically updated in conjunction with the roster.

(D)    The Division of Veterans' Affairs shall maintain an updated roster of conflicts in computerized disk (CD) format and deliver a copy of the roster in CD format to the Archives Department of the State of South Carolina. The roster will also be published and distributed in book format due to the historical nature subject to the availability of funding. The roster will be distributed in book format to the Archives Department of the State of South Carolina, Department Headquarters of the American Legion Auxiliary, Department Headquarters of the Veterans of Foreign Wars, Department Headquarters of the Disabled American Veterans, and each County Veterans' Service Officer. The original CD must be placed in the Office of the Division of Veterans' Affairs for distribution and book publishing as needed. The Division of Veterans' Affairs must provide a copy of the information pertinent to the veteran's service record to the veteran or the veteran's family member on a cost basis upon request.

(E)    The preparation, printing and distribution of the roster are subject to the availability of funds. The first roster to be published will be the Korean War roster, then the Vietnam War roster, and then all other conflicts subsequently. The Division of Veterans' Affairs will continually collect and process information for current and subsequent conflicts. For subsequent conflicts, the roster in book form shall not be published until 20 years after the conflicts to ensure accurate collection of DD214's from career military.

(F)    To expedite the compilation of the roster in a cost efficient manner, the Division of Veterans' Affairs is encouraged to seek the cooperation from institutions of higher education and other veteran related service organizations to voluntarily provide assistance (students and/or veterans) with the data entry.

(G)    The inclusion of a person's name on the roster does not entitle the person to any additional benefits or any benefits for which the person would not otherwise qualify."            /

Renumber sections to conform.

Amend title to conform.

Majority favorable.    Minority unfavorable.

WILLIAM MESCHER    MAGGIE W. GLOVER

For Majority.    For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

A Cost to the General Fund (See Below)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

A review of this bill by the Division of Veterans Affairs indicates that until the roster is complete there would be an annual cost to the general fund of approximately $88,600. This is comprised of salary and employer contributions of $74,100 for three new administrative specialists and other operating expenses of $14,500. The division is unable to indicate the number of years necessary to complete the roster.

SPECIAL NOTES:

The italicized portion of this impact indicates the items that have been revised. For this impact, the revised constitutes information that was not available in the original impact.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND CHAPTER 11, TITLE 25 OF THE 1976 CODE BY ADDING SECTION 25-11-90 TO PROVIDE FOR A WAR ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS' AFFAIRS IN THE OFFICE OF THE GOVERNOR TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN CONFLICTS AND AN ORDER OF BATTLE TO INCLUDE THE NAME OF MILITARY UNITS BASED IN SOUTH CAROLINA PARTICIPATING IN CERTAIN CONFLICTS AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993.

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

SECTION    1.    Chapter 11, Title 25 of the 1976 Code is amended by adding:

"Section 25-11-90.    (A)    The Division of Veterans' Affairs shall prepare a complete roster of all South Carolina members of the United States military who served on active duty during the following:

(1)    the Korean conflict,

(2)    the Vietnam conflict,

(3)    Operation Urgent Fury (Grenada),

(4)    Operation Just Cause (Panama),

(5)    Operations Desert Shield and Desert Storm (Iraq and Kuwait),

(6)    Operation Restore Hope (Somalia),

(7)    Operations Joint Guard, Joint Forge, and Joint Endeavor (Bosnia-Herzegovina),

(8)    Operation Joint Guardian (Kosovo),

(9)    Operation Noble Eagle (Homeland Defense), and

(10)    Operations Enduring Freedom and Iraqi Freedom (Afghanistan, Horn of Africa, Iraq, and Philippines).

The list shall be periodically updated to include persons who serve on active duty or are mobilized in any subsequent named military operation in which United States military personnel are engaged in armed conflict or any future war declared by the United States Congress.

(B)    The roster must contain the principal items of record of all military personnel included on the roster as shown by the service cards or records in the office of State Selective Service, the Adjutant General, and the Department of Defense of the United States. The roster must be arranged in a manner to make the information readily accessible.

(C)    The roster also must contain an Order of Battle to include the name and location of assignment of every unit of the South Carolina National Guard and every active and reserve unit based in South Carolina participating in any of the conflicts listed in subsection (A). The Order of Battle must be periodically updated in conjunction with the roster.

(D)    The Division of Veterans' Affairs shall secure printing of the roster and a copy or set shall be delivered to the Archives Department of the State of South Carolina, Department Headquarters of the American Legion Auxiliary, Department Headquarters of the Veterans of Foreign Wars, Department of Headquarters of the Disabled American Veterans, and each County Veterans' Service Officer. Any remaining copies must be placed in the Office of the Division of Veterans' Affairs for distribution as needed.

(E)    The preparation and distribution of the roster is subject to the availability of funds.

(F)    The inclusion of a person's name on the roster does not entitle the person to any additional benefits or any benefits for which the person would not otherwise qualify."

SECTION    2.    Section 73, Part II of Act 164 of 1993 is repealed.

SECTION    3.    This act takes effect upon approval by the Governor.

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