2003 Legislation
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HOUSE BILL NO. 84 – Military veterans, discharge papers

HOUSE BILL NO. 84

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Daily Data Tracking History



H0084.........................................................by STATE AFFAIRS
MILITARY VETERANS - DISCHARGE PAPERS - Amends existing law to authorize any
veteran to record his or her discharge papers; to authorize a veteran to
remove certain forms from the official records; to provide that certain forms
recorded at the request of any veteran shall be a public record subject to
release without the written consent of the veteran; to provide for no cause of
action against a county, county employee or the state of Idaho based upon harm
caused by information released from the records of the county; and to provide
that certain military records shall be exempt from disclosure under the Public
Records Act.
                                                                        
01/16    House intro - 1st rdg - to printing
01/17    Rpt prt - to St Aff
01/27    Rpt out - rec d/p - to 2nd rdg
01/28    2nd rdg - to 3rd rdg
01/30    3rd rdg - PASSED - 69-0-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring,
      Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Collins
    Floor Sponsor - Clark
    Title apvd - to Senate
01/31    Senate intro - 1st rdg - to St Aff
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Richardson
    Title apvd - to House
02/12    To enrol
02/13    Rpt enrol - Sp signed
02/14    Pres signed
02/17    To Governor
02/20    Governor signed
         Session Law Chapter 26
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 84
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MILITARY VETERANS; AMENDING SECTION 65-301, IDAHO CODE, TO  AUTHO-
  3        RIZE ANY VETERAN TO RECORD HIS OR HER DISCHARGE PAPERS AND TO PROVIDE THAT
  4        THE  NAME  OF THE VETERAN MAY NOT BE REDACTED FROM THE DOCUMENT, TO AUTHO-
  5        RIZE A VETERAN OR SURVIVING SPOUSE OF A VETERAN OR OTHER LEGAL REPRESENTA-
  6        TIVE TO REQUEST THAT A COUNTY RECORDER REMOVE FROM  THE  OFFICIAL  RECORDS
  7        CERTAIN  FORMS AND TO PROVIDE PROCEDURES FOR SUCH REQUEST, TO PROVIDE THAT
  8        CERTAIN FORMS WHICH ARE RECORDED AT THE REQUEST OF ANY VETERAN, HIS OR HER
  9        SURVIVING SPOUSE OR OTHER LEGAL  REPRESENTATIVE  SHALL  NOT  BE  A  PUBLIC
 10        RECORD  SUBJECT TO RELEASE WITHOUT WRITTEN CONSENT OF THE VETERAN, SURVIV-
 11        ING SPOUSE OR OTHER LEGAL REPRESENTATIVE AND TO PROVIDE FOR  NO  CAUSE  OF
 12        ACTION  AGAINST A COUNTY, COUNTY EMPLOYEE OR THE STATE OF IDAHO BASED UPON
 13        HARM CAUSED BY INFORMATION RELEASED FROM THE RECORDS OF  THE  COUNTY;  AND
 14        AMENDING  SECTION  9-340C,  IDAHO  CODE,  TO PROVIDE THAT CERTAIN MILITARY
 15        RECORDS SHALL BE EXEMPT FROM DISCLOSURE AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION 1.  That Section 65-301, Idaho Code, be, and the  same  is  hereby
 18    amended to read as follows:
                                                                        
 19        65-301.  PERFORMANCE  WITHOUT  FEE  -- SERVICES ENUMERATED. (1) Any state,
 20    county, city or public officer, or board, or body, acting in his or her or its
 21    official capacity on behalf of the state, county, or city, including  notaries
 22    public,  shall  not  collect,  demand  or  receive any fee or compensation for
 23    recording or indexing the discharge papers of any male or female  veteran  who
 24    had active service in any war or conflict officially engaged in by the govern-
 25    ment of the United States; or for issuing certified copies thereof, or for any
 26    service  whatever rendered by any such officer or officers, in the matter of a
 27    pension claim, application, affidavit, voucher, or in the matter of any  claim
 28    to be presented to the United States department of veterans affairs or for the
 29    purposes  of  securing  any  benefits under acts of congress providing pension
 30    benefits for honorably discharged veterans of any war, and all acts  or  parts
 31    of  acts  amendatory thereto, or for furnishing a certified copy of the public
 32    record of a marriage, death, birth, divorce, deed of trust, mortgage, or prop-
 33    erty assessment, or making a reasonable search for the same, wherein the  same
 34    is  to  be  used  in a claim for pension, or a claim for allotment, allowance,
 35    compensation, insurance, automatic insurance, or otherwise provided for by any
 36    and all legislation by congress providing pension benefits for honorably  dis-
 37    charged veterans of any war.
 38        (2)  Any  veteran  wishing to record his or her discharge papers may do so
 39    with personal identifying information such as date of birth,  social  security
 40    number,  home  address(es), blood type and other personal identifying informa-
 41    tion redacted from the document. The name of the veteran may not  be  redacted
 42    from the document.
 43        (3)  Any  veteran  or surviving spouse of any veteran of the United States
                                                                        
                                           2
                                                                        
  1    armed forces or his or her surviving spouse,  attorney,  personal  representa-
  2    tive,  executor  or  court  appointed guardian has the right to request that a
  3    county recorder remove from the official records any of  the  following  forms
  4    recorded  before,  on or after July 1, 2003, by or on behalf of the requesting
  5    veteran: DD-214; DD-215; WD AGO 53; WD AGO 55; WD AGO 53-55; NAVMC 78-PD;  and
  6    NAVPERS  553.  The  request must specify the identification page number of the
  7    form to be removed. The request shall be made in person and  with  appropriate
  8    identification  to allow determination of identity. The county recorder has no
  9    duty to inquire beyond the requestor to verify  the  identity  of  the  person
 10    requesting  removal.  No  fee  shall be charged for the removal. Any paper and
 11    reasonably retrievable electronic likeness, the  removal  of  which  will  not
 12    affect other recorded documents, shall be removed from the record.
 13        (4)  No  DD-214,  DD-215, WD AGO 53, WD AGO 55, WD AGO 53-55, NAVMC 78-PD,
 14    and NAVPERS 553, which is recorded at the request of any veteran of the United
 15    States armed forces or his or her surviving spouse, attorney, personal  repre-
 16    sentative,  executor or court appointed guardian shall be a public record sub-
 17    ject to release by the provisions of sections 9-337 through 9-350, Idaho Code,
 18    without the express written consent of one (1) of the above  enumerated  indi-
 19    viduals.
 20        (5)  Nothing  in  this  section shall create or permit any cause of action
 21    against a county, county employee or the state of Idaho based upon harm caused
 22    by information released from the records of the county.
                                                                        
 23        SECTION 2.  That Section 9-340C, Idaho Code, be, and the  same  is  hereby
 24    amended to read as follows:
                                                                        
 25        9-340C.  RECORDS  EXEMPT  FROM  DISCLOSURE  -- PERSONNEL RECORDS, PERSONAL
 26    INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE.  The  following  records
 27    are exempt from disclosure:
 28        (1)  Except  as  provided  in  this subsection, all personnel records of a
 29    current or former public official other than the public official's public ser-
 30    vice or employment history, classification, pay  grade  and  step,  longevity,
 31    gross  salary  and salary history, status, workplace and employing agency. All
 32    other personnel information relating to a public employee or applicant includ-
 33    ing, but not limited to, information  regarding  sex,  race,  marital  status,
 34    birth  date,  home  address  and  telephone  number, applications, testing and
 35    scoring materials, grievances,  correspondence  and  performance  evaluations,
 36    shall  not  be  disclosed  to the public without the employee's or applicant's
 37    written consent. A public official or authorized  representative  may  inspect
 38    and  copy  his  personnel records, except for material used to screen and test
 39    for employment.
 40        (2)  Retired employees' and retired public officials' home addresses, home
 41    telephone numbers and other financial  and  nonfinancial  membership  records;
 42    active and inactive member financial and membership records and mortgage port-
 43    folio  loan  documents  maintained  by  the public employee retirement system.
 44    Financial statements prepared by retirement system staff, funding  agents  and
 45    custodians  concerning the investment of assets of the public employee retire-
 46    ment system of Idaho are not considered confidential under this chapter.
 47        (3)  Information and records submitted to the Idaho state lottery for  the
 48    performance  of  background investigations of employees, lottery retailers and
 49    major procurement contractors; audit records of lottery retailers, vendors and
 50    major procurement contractors submitted to or performed  by  the  Idaho  state
 51    lottery; validation and security tests of the state lottery for lottery games;
 52    business records and information submitted pursuant to sections 67-7412(8) and
 53    (9)  and  67-7421(8)  and  (9), Idaho Code, and such documents and information
                                                                        
                                           3
                                                                        
  1    obtained and held for the  purposes  of  lottery  security  and  investigative
  2    action as determined by lottery rules unless the public interest in disclosure
  3    substantially  outweighs  the  private need for protection from public disclo-
  4    sure.
  5        (4)  Records of a personal nature as follows:
  6        (a)  Records of personal debt filed with a public  agency  or  independent
  7        public body corporate and politic pursuant to law;
  8        (b)  Personal  bank records compiled by a public depositor for the purpose
  9        of public funds transactions conducted pursuant to law;
 10        (c)  Records of ownership of financial obligations and  instruments  of  a
 11        public  agency  or  independent public body corporate and politic, such as
 12        bonds, compiled by the public agency or independent public body  corporate
 13        and politic pursuant to law;
 14        (d)  Records,  with  regard to the ownership of, or security interests in,
 15        registered public obligations;
 16        (e)  Vital statistics records; and
 17        (f)  Military records as described in  and  pursuant  to  section  65-301,
 18        Idaho Code.
 19        (5)  Information  in  an  income  or other tax return measured by items of
 20    income or sales, which is gathered by a  public  agency  for  the  purpose  of
 21    administering  the  tax,  except such information to the extent disclosed in a
 22    written decision of the tax commission pursuant to a  taxpayer  protest  of  a
 23    deficiency  determination  by the tax commission, under the provisions of sec-
 24    tion 63-3045B, Idaho Code.
 25        (6)  Records of a personal nature related directly or  indirectly  to  the
 26    application for and provision of statutory services rendered to persons apply-
 27    ing for public care for the elderly, indigent, or mentally or physically hand-
 28    icapped,  or  participation in an environmental or a public health study, pro-
 29    vided the provisions of this subsection making records exempt from  disclosure
 30    shall  not  apply  to the extent that such records or information contained in
 31    those records are necessary for a background check on an  individual  that  is
 32    required by federal law regulating the sale of firearms, guns or ammunition.
 33        (7)  Employment  security  information  and unemployment insurance benefit
 34    information, except that all interested parties may agree to waive the  exemp-
 35    tion.
 36        (8)  Any  personal records, other than names, business addresses and busi-
 37    ness phone numbers, such as parentage, race, religion,  sex,  height,  weight,
 38    tax  identification  and  social  security numbers, financial worth or medical
 39    condition submitted to any public agency or independent public body  corporate
 40    and  politic pursuant to a statutory requirement for licensing, certification,
 41    permit or bonding.
 42        (9)  Unless otherwise provided by agency  rule,  information  obtained  as
 43    part  of an inquiry into a person's fitness to be granted or retain a license,
 44    certificate, permit, privilege, commission or  position,  private  association
 45    peer  review  committee records authorized in title 54, Idaho Code. Any agency
 46    which has records exempt from disclosure under the provisions of this  subsec-
 47    tion  shall  annually  make  available a statistical summary of the number and
 48    types of matters considered and their disposition.
 49        (10) The records, findings, determinations and decisions of any prelitiga-
 50    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
 51        (11) Complaints received by the board of medicine and  investigations  and
 52    informal  proceedings,  including informal proceedings of any committee of the
 53    board of medicine, pursuant to chapter 18, title 54,  Idaho  Code,  and  rules
 54    adopted thereunder.
 55        (12) Records  of  the  department of health and welfare or a public health
                                                                        
                                           4
                                                                        
  1    district that identify a person infected with a reportable disease.
  2        (13) Records of hospital care, medical records,  including  prescriptions,
  3    drug  orders,  records or any other prescription information that specifically
  4    identifies an individual patient, prescription records maintained by the board
  5    of pharmacy under section 37-2730A,  Idaho Code, records of  psychiatric  care
  6    or  treatment  and professional counseling records relating to an individual's
  7    condition, diagnosis, care or treatment, provided the provisions of this  sub-
  8    section  making  records  exempt from disclosure shall not apply to the extent
  9    that such records or information contained in those records are necessary  for
 10    a background check on an individual that is required by federal law regulating
 11    the sale of firearms, guns or ammunition.
 12        (14) Information  collected  pursuant  to  the directory of new hires act,
 13    chapter 16, title 72, Idaho Code.
 14        (15) Personal information contained in motor vehicle  and  driver  records
 15    that  is  exempt  from disclosure under the provisions of chapter 2, title 49,
 16    Idaho Code.
 17        (16) Records of the financial status of prisoners pursuant  to  subsection
 18    (2) of section 20-607, Idaho Code.
 19        (17) Records  of  the  Idaho  state  police  or  department  of correction
 20    received or maintained pursuant to section 19-5514, Idaho  Code,  relating  to
 21    DNA databases and databanks.
 22        (18) Records of the department of health and welfare relating to a survey,
 23    resurvey  or  complaint  investigation of a licensed nursing facility shall be
 24    exempt from disclosure. Such records shall, however, be subject to  disclosure
 25    as public records as soon as the facility in question has received the report,
 26    and  no  later  than  the fourteenth day following the date that department of
 27    health and welfare representatives officially exit the  facility  pursuant  to
 28    federal  regulations.  Provided however, that for purposes of confidentiality,
 29    no record shall be released under this section which  specifically  identifies
 30    any nursing facility resident.
 31        (19) Records  and  information  contained in the registry of immunizations
 32    against childhood diseases maintained in the department of health and welfare,
 33    including information disseminated to others from the registry by the  depart-
 34    ment of health and welfare.
 35        (20)  Records of the Idaho housing and finance association (IHFA) relating
 36    to the following:
 37        (a)  Records containing personal financial, family, health or similar per-
 38        sonal information submitted to or otherwise obtained by the IHFA;
 39        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
 40        obtaining  and  servicing  mortgage  loans and all records relating to the
 41        review, approval or rejection by the IHFA of said loans;
 42        (c)  Mortgage portfolio loan documents;
 43        (d)  Records of a current or former employee  other  than  the  employee's
 44        duration of employment with the association, position held and location of
 45        employment.  This exemption from disclosure does not include the contracts
 46        of employment or any remuneration, including reimbursement of expenses, of
 47        the executive director, executive officers or commissioners of the associ-
 48        ation. All other personnel information relating to an association employee
 49        or applicant including, but not limited  to,  information  regarding  sex,
 50        race,  marital  status,  birth  date,  home  address and telephone number,
 51        applications, testing and scoring materials,  grievances,  correspondence,
 52        retirement plan information and performance evaluations, shall not be dis-
 53        closed  to  the  public without the employee's or applicant's written con-
 54        sent. An employee or authorized representative may inspect and  copy  that
 55        employee's  personnel records, except for material used to screen and test
                                                                        
                                           5
                                                                        
  1        for employment or material not subject  to  disclosure  elsewhere  in  the
  2        Idaho public records act.
  3        (21) Records of the department of health and welfare related to child sup-
  4    port  services in cases in which there is reasonable evidence of domestic vio-
  5    lence, as defined in chapter 63, title 39, Idaho Code, that  can  be  used  to
  6    locate any individuals in the child support case except in response to a court
  7    order.
  8        (22) Records  of  the Idaho state bar lawyer's assistance program pursuant
  9    to chapter 49, title 54, Idaho Code,  unless  a  participant  in  the  program
 10    authorizes  the  release pursuant to subsection (4) of section 54-48901, Idaho
 11    Code.
 12        (223) Records and information contained in the trauma registry created  by
 13    chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
 14    pilations created from such information and records.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12526
Until very recently, veterans, upon separation from the service,
were directed to record their discharge papers (DD-214s) with the
county recorder.  Unfortunately, discharge papers contain a great
deal of highly personal information.  Making this information
part of the public record makes it easier for criminals to use it
to commit identity theft. This bill enables veterans to protect
their identities while preserving their official military
records.
This proposal amends Idaho Code 65-301, to authorize any veteran
to record his or her discharge papers either in their entirety or
with personal identifying information redacted.  It also allows
the veteran to request that the county recorder remove from the
official records certain military records that are reasonably
retrievable.
                          FISCAL IMPACT
No change.


Contact
Name: Bill von Tagen 
Phone: 334-4140




STATEMENT OF PURPOSE/FISCAL NOTE                              H84