| TO: | Honorable Leticia Van de Putte, Chair, Senate Committee on Veteran Affairs & Military Installations |
| FROM: | John Keel, Director, Legislative Budget Board |
| IN RE: | HB545 by Wohlgemuth (Relating to military discharge records that are recorded with or otherwise in the possession of a governmental body.), As Engrossed |
The bill would require that a military veteran's Department of Defense Form DD-214 or other military discharge record that is first recorded with or otherwise placed into the possession of a governmental body on or after September 1, 2003 would be kept confidential for 75 years from the date the record is recorded or is placed into the possession of the governmental body. Provisions of the bill would allow inspection or copying of the record under certain circumstances for certain persons or entities.
A veteran whose military discharge records were recorded with a county clerk prior to September 1, 2003 would be allowed to direct, in writing, that the county clerk destroy all copies of the record that the county clerk makes readily available to the public, such as paper copies, microfilm or microfiche copies, and electronic copies. The county clerk would be required to comply with the request within 15 business days.
A county clerk who receives a request for inspection or duplication of military discharge records that were filed before September 1, 2003 would only be required to search for the record in places where or media in which records are readily available to the public.
The bill would take effect September 1, 2003.
The cost of keeping military discharge documents confidential that are filed on or after September 1, 2003 is not expected to create a significant cost.
The cost increase to those counties in which electronic imaging or manual books are used to record documents is not expected to be significant for implementing the requirements pertaining to military discharge records that were filed prior to September 1, 2003. Those counties in which records are kept on microfilm would incur a cost of $35 per roll of microfilm per request for copies or destruction of records filed prior to September 1, 2003. The number of requests would vary by county, and therefore the fiscal impact would vary. It is anticipated, however, that in counties where there is a large population of former military personnel, the county's cost would be higher than in most other counties.
| Source Agencies: |
| LBB Staff: | JK, WK, DLBa
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