HF 667

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to veterans; classifying military 
  1.3             certificates of discharge as private data on 
  1.4             individuals; providing procedures for their release; 
  1.5             amending Minnesota Statutes 2002, sections 13.785, 
  1.6             subdivision 2; 196.08; 386.20, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 13.785, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [DEPARTMENT OF VETERANS AFFAIRS.] (a)  [CERTAIN 
  1.11  VETERANS BENEFITS AND MILITARY CERTIFICATES OF DISCHARGE.] 
  1.12  Access to military certificates of discharge and to files 
  1.13  pertaining to claims for certain veterans benefits is governed 
  1.14  by section 196.08. 
  1.15     (b)  [AGENT ORANGE INFORMATION AND ASSISTANCE ACT.] 
  1.16  Disclosure of summary data and of the identity of a veteran 
  1.17  about whom information is received under sections 196.19 to 
  1.18  196.26, is governed by section 196.25. 
  1.19     Sec. 2.  Minnesota Statutes 2002, section 196.08, is 
  1.20  amended to read: 
  1.21     196.08 [FILES AND RECORDS CONFIDENTIAL.] 
  1.22     (a) The contents of, and all files, records, reports, 
  1.23  papers and documents pertaining to, any claim for the benefits 
  1.24  of Laws 1943, chapter 420, whether pending or adjudicated, shall 
  1.25  be deemed confidential and privileged and no disclosure thereof 
  1.26  shall be made, without the consent in writing of the claimant 
  2.1   who has not been adjudicated incompetent, except as follows: 
  2.2      (a) (1) To said claimant personally, a duly appointed 
  2.3   guardian, an attorney in fact, or a duly authorized 
  2.4   representative, and as to personal matters, when, in the 
  2.5   judgment of the commissioner, such disclosure would not be 
  2.6   injurious to the physical or mental health of the claimant.  
  2.7      (b) (2) To the representatives of veterans' organizations 
  2.8   recognized by the United States government, not exceeding five 
  2.9   from each such veterans' organizations, and when such 
  2.10  representatives have been duly certified as such by the state 
  2.11  department of any such veterans' organizations in the state of 
  2.12  Minnesota.  
  2.13     (c) (3) In any court in the state of Minnesota which has 
  2.14  jurisdiction of the parties to, and subject matter of, an action 
  2.15  or proceeding therein pending, as found by said court, when 
  2.16  required to be produced by the process of such court, and then 
  2.17  only in open court, as evidence, in such action or proceeding 
  2.18  after a judge thereof shall have ruled the same to be relevant 
  2.19  and competent evidence in such action or proceeding according to 
  2.20  the laws and statutes of said state.  
  2.21     (b) Notwithstanding section 382.16, no government entity, 
  2.22  as defined in section 13.02, subdivision 7a, may release the 
  2.23  contents of, or any files, records, reports, papers, or 
  2.24  documents pertaining to, United States government form DD214 or 
  2.25  DD215 or any other certificate of discharge from military 
  2.26  service to any person unless that person: 
  2.27     (1) provides proof of identity; 
  2.28     (2) demonstrates tangible interest; and 
  2.29     (3) completes the required release form prepared by the 
  2.30  government entity. 
  2.31     Forms DD214 and DD215 and certificates of discharge from 
  2.32  military service filed with a government agency on or after July 
  2.33  1, 2003, are classified as private data on individuals under 
  2.34  section 13.02, subdivision 12. 
  2.35     (c) Notwithstanding section 386.015, subdivision 5, no fee 
  2.36  may be charged by a government entity for the release of 
  3.1   information to a qualified person under this section.  
  3.2      (d) For purposes of paragraph (b), a person who has a 
  3.3   tangible interest is: 
  3.4      (1) the subject of the record, report, paper, or document; 
  3.5      (2) the surviving spouse of the subject, if the subject is 
  3.6   deceased; 
  3.7      (3) a surviving child of the subject, if the subject is 
  3.8   deceased and there is no surviving spouse; 
  3.9      (4) a surviving parent of the subject, if the subject is 
  3.10  deceased and there is no surviving spouse or surviving children; 
  3.11  and 
  3.12     (5) a duly appointed guardian, an attorney in fact, or a 
  3.13  duly authorized representative. 
  3.14     Sec. 3.  Minnesota Statutes 2002, section 386.20, 
  3.15  subdivision 1, is amended to read: 
  3.16     Subdivision 1.  [RECORDATION.] (a) Certificates of 
  3.17  discharge from the United States army, the United States navy, 
  3.18  and the United States marine corps and releases or transfers 
  3.19  from active duty therein may be recorded in the office of the 
  3.20  county recorder of any county in this state by the person to 
  3.21  whom such discharge, release or transfer was issued without the 
  3.22  payment of any fee to the county recorder for recording the 
  3.23  same.  Upon the request of the person having such instrument 
  3.24  recorded, the county recorder shall not stamp, mark, or make any 
  3.25  endorsement upon any such certificate of discharge, release or 
  3.26  transfer, but after the recording thereof has been completed the 
  3.27  recorder shall return the certificate of discharge, release, or 
  3.28  transfer in the condition received.  
  3.29     (b) In any county where the compensation of the county 
  3.30  recorder consists of fees only, the county recorder shall be 
  3.31  entitled to a fee of 60 cents for recording such instrument, 
  3.32  which shall be paid by the county upon presentation of a 
  3.33  verified claim by the county recorder. 
  3.34     (c) The release of any information pertaining to military 
  3.35  certificates of discharge is governed by section 196.08. 
  3.36     Sec. 4.  [EFFECTIVE DATE.] 
  4.1      Sections 1 to 3 are effective January 1, 2004.