75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to RC to A-Eng. SB 618
 
LC 2266/SB 618-A5
 
            HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
                   A-ENGROSSED SENATE BILL 618
 
         By COMMITTEE ON VETERANS AND EMERGENCY SERVICES
 
                             June 1
 
  On page 1 of the printed A-engrossed bill, line 3, before '
and' insert 'repealing section 14, chapter 41, Oregon Laws 2009
(Enrolled Senate Bill 96);'.
  On page 7, after line 9, insert:
  '  { +  SECTION 2a. + } If Senate Bill 96 becomes law, ORS
408.420, as amended by section 2 of this 2009 Act, 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   { - military - }  veteran.
 { - No - }  { +  A + } recording fee   { - shall - }  { +  may
not + } be collected when the   { - military - }  veteran
requesting the record is an actual resident of the county or was
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 the record an alphabetical index
referring to the name of the   { - military - }  veteran whose
name appears in each discharge paper so recorded. Books 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 2b. + }  { + Section 14, chapter 41, Oregon
Laws 2009 (Enrolled Senate Bill 96) (amending ORS 408.420), is
repealed. + } ' .
  After line 31, insert:
  '  { +  SECTION 3a. + } If Senate Bill 96 becomes law, section
3 of this 2009 Act is amended to read:
  '  { +  Sec. 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.
  '  { +  SECTION 3b. + }  { + The repeal of section 14, chapter
41, Oregon Laws 2009 (Enrolled Senate Bill 96) (amending ORS
408.420), by section 2b of this 2009 Act and the amendments to
ORS 408.420 and section 3 of this 2009 Act by sections 2a and 3a
of this 2009 Act become operative on January 1, 2010. + } ' .
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