February 15, 2011





HOUSE BILL No. 1079

_____


DIGEST OF HB 1079 (Updated February 15, 2011 1:48 pm - DI 116)



Citations Affected: IC 10-17.

Synopsis: Veteran's records. Provides that a veteran's discharge record recorded in a county recorder's office is considered a public record if the veteran's Social Security number has been redacted. Requires a county recorder to redact the Social Security number from a veteran's discharge record upon receiving a written public record request for the discharge record.

Effective: July 1, 2011.





Noe




    January 5, 2011, read first time and referred to Committee on Veterans Affairs and Public Safety.
    February 15, 2011, reported _ Do Pass.






February 15, 2011

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1079



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 10-17-2-4; (11)HB1079.1.1. -->     SECTION 1. IC 10-17-2-4, AS ADDED BY P.L.174-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) As used in this section, "photographic identification" means an identification document that:
        (1) shows the name of the individual to whom the document was issued;
        (2) shows a photograph of the individual to whom the document was issued;
        (3) includes an expiration date indicating that the document has not expired; and
        (4) was issued by the United States or the state of Indiana.
    (b) A discharge record is not a public record under IC 5-14-3 unless the veteran's Social Security number has been redacted. A county recorder shall redact the veteran's Social Security number upon receiving a written public record request for the discharge record. A county recorder may provide a certified copy of a discharge record that has not been redacted only to the following persons:
        (1) The veteran who is the subject of the discharge record if the veteran provides photographic identification.
        (2) A person who provides photographic identification that identifies the person as a county or city service officer.
        (3) A person who provides photographic identification that identifies the person as an employee of the Indiana department of veterans' affairs.
        (4) A person who:
            (A) is a funeral director licensed under IC 25-15; and
            (B) assists with the burial of the veteran who is the subject of the discharge record;
        if the person provides photographic identification and the person's funeral director license.
        (5) If the veteran who is the subject of the discharge record is deceased, the spouse or next of kin of the deceased, if the spouse or next of kin provides photographic identification and a copy of the veteran's death certificate.
        (6) The following persons under a court order, if the person provides photographic identification and a certified copy of the court order:
            (A) The attorney in fact of the person who is the subject of the discharge record.
            (B) The guardian of the person who is the subject of the discharge record.
            (C) If the person who is the subject of the discharge record is deceased, the personal representative of the estate of the deceased.
    (c) To the extent technologically feasible, a county recorder shall take precautions to prevent the disclosure of a discharge record filed with the county recorder before May 15, 2007. After May 14, 2007, a county recorder shall ensure that a discharge record filed with the county recorder is maintained in a separate, confidential, and secure file.
    (d) Except as provided in subsection (b), disclosure of a discharge record that has not been redacted by the county recorder under this section is subject to IC 5-14-3-10.