CHAPTER 235

FORMERLY

SENATE BILL NO. 81

AS AMENDED BY

SENATE AMENDMENT NO. 1

AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 9 AND TITLE 29 OF THE DELAWARE CODE RELATING TO CERTIFICATES OF RELEASE OR DISCHARGE FROM ACTIVE MILITARY SERVICE (DD FORM 214).

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 9605(a), Title 9 of Delaware Code, by striking in there entirety: the phrase ‘including certificates of discharge regularly issued by the United States Army, Air Force, Navy, Coast Guard or Marine Corps’ as it appears therein and the last sentence thereof.

Section 2. Amend § 9605, Title 9 of the Delaware Code, by adding thereto a new subsection (j) to read as follows:

“(j) The County Recorders of Deeds shall not record military service discharge documents. The County Recorders of Deeds shall transfer all recorded military service discharge documents to the Delaware Commission of Veterans Affairs, the State’s Repository pursuant to 29 Del. C. § 8721. The Delaware Commission of Veterans Affairs shall maintain all certificates of release or discharge from active military service or similar discharge documents as defined.”.

Section 3. Amend § 10002(g)(15), Title 29 of the Delaware Code, by striking the word “or” as it appears at the end thereof.

Section 4. Amend § 1002(g)(16)b., Title 29 of the Delaware Code, by striking the term “title.” as it appears at the end thereof and by substituting in lieu thereof the term “title; or”.

Section 5. Amend § 10002(g), Title 29 of the Delaware Code, by inserting therein a new paragraph to read as follows:

“(17)a. Any military service discharge document(s), a discharge, separation notice, certificate of service, report of transfer or discharge, or any other notice or document which is evidence of severance or transfer from military service and which contains a service record from the armed forces of the United States, or any document that purports to represent a notice of separation from or service in any armed forces of the United States including but not limited to the United States Department of Defense, DD Form 214, of a veteran of the armed forces of the United States, which has been heretofore recorded at a County Recorder of Deeds. Such document(s) may only be disclosed in accordance with the provisions of subsection (g)(17)b of this section.

b. Access to Authorized Persons: The following persons are permitted to view or reproduce recorded military service discharge documents:

1. The veteran subject of the discharge;

2. The spouse or child of a veteran, with consent of the veteran;

3. If the veteran is deceased, a survivor or heir of the veteran who may be eligible to claim any type of benefit by virtue of the veteran’s service in the military;

4 A person with a signed and notarized authorization from the veteran;

5. A county, state or federal officer assisting the veteran or veteran’s family with a veteran’s benefit application;

6. Anyone authorized by an Order from a Delaware Court, to view or copy the document; or

7. Government agencies, including courts, that have an interest in assisting the veteran subject to the military service discharge record or in assisting the beneficiaries of the deceased veteran subject to the military service discharge record in obtaining a benefit.

c. Any document referenced in subparagraph a. of this paragraph shall be deemed a public record upon the passage of seventy (70) years from the date of the subject veteran’s separation or discharge from service.”.

Approved March 21,2006