75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 618
 
LC 2266/SB 618-4
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 618
 
                    By COMMITTEE ON JUDICIARY
 
                              May 1
 
  On page 1 of the printed bill, line 2, delete 'amending ORS
192.502;' and insert 'creating new provisions; amending ORS
192.502 and 408.420;'.
  On page 6, line 37, after '(35)' insert 'Except as authorized
by section 3 of this 2009 Act,'.
  After line 38, insert:
  '  { +  SECTION 2. + } ORS 408.420 is amended to read:
  ' 408.420. Each county clerk shall maintain in the office a
special book in which the county clerk shall, upon request,
record the final discharge of any   { - war - }  { +
military + } veteran. No recording fee shall be collected when
the   { - war - }  { +  military + } veteran requesting
  { - such - }  { +  the + } record is an actual resident of
 { - said - }  { +  the + } county or was   { - such - }  a
resident at the time of entrance into the service of the United
States. In all other cases a legal fee shall be charged. There
shall be kept in connection with   { - such - }   { + the + }
record  { - , - }  an alphabetical index referring to the name of
the
  { - soldier, sailor or marine - }  { +  military veteran + }
whose name appears in each discharge paper so recorded.
 { - Such - }  Books   { - as - }   { + that + } are necessary
for the recording of the discharge papers shall be paid for by
the several counties in the manner provided for paying other
claims against the county.
  '  { +  SECTION 3. + }  { + (1) Each county clerk who receives
a request to inspect military veteran discharge papers that are
recorded under ORS 408.420 shall produce the recorded discharge
papers for inspection if:
  ' (a) The request for inspection is made in writing;
  ' (b) The request sets forth the name, address and telephone
number of the requester;
  ' (c) The request sets forth the name and the date of birth or
the last four digits of the Social Security number of the
military veteran; and
  ' (d) The request is made by:
  ' (A) The military veteran or the spouse, legal guardian or
personal representative of the military veteran;
  ' (B) A county veterans' service officer appointed under ORS
408.410;
  ' (C) A representative of the Department of Veterans' Affairs;
or
  ' (D) A licensed funeral establishment seeking to ascertain if
a decedent was a veteran for the purpose of obtaining veteran's
burial benefits.
  ' (2) This section does not create a cause of action and may
not be asserted as the basis of a per se negligence claim.
  ' (3) Each county clerk may adopt additional policies in order
to protect recorded discharge papers from malicious or unlawful
use and policies regarding copying of recorded discharge papers.
  ' (4) Each county clerk shall maintain in the records of the
county clerk a copy of each request for inspection of recorded
discharge information for a period of at least 10 years after the
date the request is received by the county clerk. + } ' .
  In line 39, delete '2' and insert '4'.
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