South Carolina General Assembly
116th Session, 2005-2006

Download This Version in Microsoft Word format

Bill 3257

Indicates Matter Stricken
Indicates New Matter

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

COMMITTEE REPORT

April 18, 2005

H. 3257

Introduced by Rep. Kirsh

S. Printed 4/18/05--S.

Read the first time March 15, 2005.

            

THE GENERAL COMMITTEE

To whom was referred a Bill (H. 3257) to amend the Code of Laws of South Carolina, 1976, by adding Section 25-15-50 so as to provide that a person retired or discharged from the armed services, 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, by striking SECTION 1 and inserting:

/SECTION    1.    The 1976 Code is amended by adding:

"Section 30-15-15.    A person retired or discharged from the armed services of the United States who has filed his release or discharge certificate now known as DD Form 214 with the clerk of court of any county of this State for safekeeping or other purposes may invalidate this filing and remove it from the public records in the manner provided by this section. The person filing the certificate must notify the clerk of court in writing and under oath he wishes the certificate to be removed from the public records. The clerk of court shall remove the certificate from the public records and return the original to him if available and in possession of the clerk." /

Amend title to read:

/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-15-15 SO AS TO PROVIDE THAT A PERSON RETIRED OR DISCHARGED FROM THE ARMED SERVICES OF THE UNITED STATES WHO HAS FILED HIS RELEASE OR DISCHARGE CERTIFICATE NOW KNOWN AS DD FORM 214 WITH THE CLERK OF COURT OF ANY COUNTY OF THIS STATE FOR SAFEKEEPING OR OTHER PURPOSES MAY INVALIDATE THIS FILING AND REMOVE IT FROM THE PUBLIC RECORDS PURSUANT TO SPECIFIED PROCEDURES.    /

Renumber sections to conform.

WILLIAM MESCHER for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Enactment of this bill would have no impact on the General Fund of the State, or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

Enactment would have little or no impact on county expenditures.

Approved By:

Don Addy

Office of State Budget

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT 1/

This bill would have no impact on state revenues in FY2005-06. It is expected to increase local revenues by $4,200 in FY 2005-06.

Explanation

This bill sets procedures for a person to remove from public records a previously filed "DD Form 214" upon payment of a $10 filing fee to the clerk of court of the respective county. The clerk shall further return the original to him/her if available and in possession of the clerk.

Some counties store this record apart from the clerk of court in the legislative delegation office with the Veteran's Affairs liaison. Based on info from State Veteran's Affairs and a sample of clerks of court, proceeds from the $10 filing fee are expected to be retained at the county level. The latest census reports 420,000 veterans now live in this State. Despite privacy concerns, we expect no more than 420 veterans, or one in one thousand, would file this action in the initial year. Multiplying 420 times $10 yields $4,200. We therefore expect this bill would raise local revenues by $4,200 in FY 2005-06. This bill would have no impact on state revenues in FY 2005-06.

Approved By:

William C. Gillespie

Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact by the BEA, or Section 2-7-76 for a local revenue impact or Section 6-1-85(B) for an estimate of the shift in local property tax incidence by the Office of Economic Research.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-15-50 SO AS TO PROVIDE THAT A PERSON RETIRED OR DISCHARGED FROM THE ARMED SERVICES OF THE UNITED STATES WHO HAS FILED HIS RELEASE OR DISCHARGE CERTIFICATE NOW KNOWN AS DD FORM 214 WITH THE CLERK OF COURT OF ANY COUNTY OF THIS STATE FOR SAFEKEEPING OR OTHER PURPOSES MAY INVALIDATE THIS FILING AND REMOVE IT FROM THE PUBLIC RECORDS PURSUANT TO SPECIFIED PROCEDURES.

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

SECTION    1.    The 1976 Code is amended by adding:

"Section 25-15-50.    A person retired or discharged from the armed services of the United States who has filed his release or discharge certificate now known as DD Form 214 with the clerk of court of any county of this State for safekeeping or other purposes may invalidate this filing and remove it from the public records in the manner provided by this section. The person filing the certificate must notify the clerk of court in writing and under oath that for privacy reasons he wishes the certificate to be removed from the public records. Upon the payment of a ten dollar filing fee, the clerk of court shall remove the certificate from the public records and return the original to him if available and in possession of the clerk."

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

----XX----

This web page was last updated on Tuesday, June 23, 2009 at 2:21 P.M.