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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
recorder's fees; military discharge documents
Purpose
An emergency measure that requires the county recorder to record discharge papers of U.S. National Guard officers and enlisted personnel without a fee.
Background
The
county recorder is required to record discharge papers of officers and enlisted
personnel of the military and naval forces of the United States without a fee.
The information contained in the military service record DD-214 and its
equivalent is prohibited from being disclosed to the general public if stored
in electronic format. The county recorder can disclose information contained in
DD-214 and its equivalent only to an official of the United States, a claimant
or the guardian, attorney or personal representative of a claimant as needed to be used in connection with a claim for a pension,
allotment, allowance, compensation, insurance or other benefits that is to be
presented to a department or bureau of the U.S. government (A.R.S.
§ 11-465).
Statute prohibits the state or any county or city, or any officer or board thereof, from demanding or receiving a fee or compensation for issuing or searching for certified copies of public records when they are used in connection with a claim for a pension, allotment, allowance, compensation, insurance or other benefits which is to be presented to the United States or a bureau or department of the United States (A.R.S. § 39-122).
The National Guard Bureau (NGB) Form 22 is a report of separation and record of service (U.S. Department of Veterans Affairs).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the county recorder to record discharge papers of U.S. National Guard officers and enlisted personnel without a fee.
2. Prohibits information contained in the service record NGB Form 22 from being disclosed to the general public if stored in an electronic format.
3. Requires the county recorder to disclose information contained in the NGB Form 22 only to an official of the United States, a claimant or the guardian, attorney or personal representative of a claimant as needed for certain statutorily outlined purposes.
4. Makes technical and conforming changes.
5. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee
· Adds an emergency clause.
Senate Action
GOV 2/3/20 DPA 7-0-0
Prepared by Senate Research
February 4, 2020
MH/CS/kja