SENATE AMENDED
PRIOR PRINTER'S NOS. 232, 1300
PRINTER'S NO. 2187
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
269
Session of
2023
INTRODUCED BY WEBSTER, MADDEN, KINSEY, GUENST, PROBST, CIRESI,
HILL-EVANS, SAPPEY, SANCHEZ, DELLOSO, SAMUELSON, SCHWEYER,
HOWARD, CONKLIN, PIELLI, C. WILLIAMS, GREEN, McNEILL AND
T. DAVIS, MARCH 10, 2023
SENATOR MASTRIANO, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
IN SENATE, AS AMENDED, OCTOBER 24, 2023
AN ACT
Amending Title 16 (Counties) of the Pennsylvania Consolidated
Statutes, consolidating the act of April 8, 1868 (P.L.73,
No.37), entitled "An act to authorize the recorder of deeds
in the several counties of this Commonwealth to record the
discharges of all honorably discharged officers and
soldiers"; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 16 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 13
RECORDER OF DEEDS
Sec.
1301. Definitions.
1302. Recording.
1303. Confidentiality.
§ 1301. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Discharge." As follows:
(1) Each final discharge of each:
(i) Noncommissioned officer discharged from service
under conditions other than dishonorable as provided for
in 51 Pa.C.S. § 104 (relating to character of discharge).
(ii) Individual who was duly enlisted and mustered
into any of the following:
(A) The armed forces of the United States.
(B) A reserve component.
(C) A women's organization officially connected
with an entity under clause (A) or (B).
(2) Each certificate of service issued to a commissioned
officer upon termination of active service as provided under
paragraph (1).
(3) Upon application being made to the armed forces of
the United States or a reserve component by the holders of
the discharge and the holder's agents, attorneys or legal
representatives:
(i) each report of separation from the armed forces
of the United States or a reserve component, commonly
known as DD Form 214, NGB Form 22; and
(ii) similar forms delivered to members of the armed
services upon the member's retirement or separation from
active duty.
"Recorder of deeds." The recorder of deeds or the equivalent
officer in a home rule or optional plan county for recording.
"Reserve component." The term shall have the same meaning as
the term "reserve component of the armed forces" has in 51
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Pa.C.S. § 7301 (relating to definitions).
§ 1302. Recording.
(a) Duty.--The recorder of deeds shall record each final
discharge.
(b) Cost.--
(1) The recorder may impose a fee of 50¢ for recording a
discharge, which shall be paid by the county where the
discharge is recorded upon the presentation to the county
commissioners of a voucher by the recorder recording the
discharge.
(2) The recording of the discharge shall not be subject
to the payment of State tax.
(3) This subsection shall not apply to a holder of a
discharge who is not a resident of this Commonwealth at the
time of making the holder's application to the recorder for
recording the discharge. THE RECORDER OF DEEDS SHALL RECORD
EACH FINAL DISCHARGE.
§ 1303. Confidentiality.
A record of a discharge received by the recorder of deeds for
recording shall be confidential and may not be disclosed except
as follows:
(1) To the individual who is the subject of the
discharge, to a member of the individual's immediate family
or, as authorized in writing, to the individual's agent or
representative.
(2) To a person making a request for a record, report or
form if the event that resulted in the record, report or form
occurred more than 85 years prior to the request.
(3) If required by process of a court to be produced in
a suit or proceeding pending.
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(4) If required by the county director of veterans
affairs or a department or other agency of the Commonwealth
or Federal Government.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 16
Pa.C.S. Ch. 13.
(2) The act of April 8, 1868 (P.L.73, No.37), is
repealed.
Section 3. The addition of 16 Pa.C.S. Ch. 13 is a
continuation of the act of April 8, 1868 (P.L.73, No.37). The
following apply:
(1) Except as otherwise provided in 16 Pa.C.S. Ch. 13,
all activities initiated under the act of April 8, 1868
(P.L.73, No.37), shall continue and remain in full force and
effect and may be completed under 16 Pa.C.S. Ch. 13. Orders,
regulations, rules and decisions which were made under the
the act of April 8, 1868 (P.L.73, No.37), and which are in
effect on the effective date of this section, shall remain in
full force and effect until revoked, vacated or modified
under 16 Pa.C.S. Ch. 13. Contracts, obligations and
collective bargaining agreements entered into under the act
of April 8, 1868 (P.L.73, No.37), are not affected nor
impaired by the repeal of the act of April 8, 1868 (P.L.73,
No.37).
(2) Except as set forth in paragraph (3), any difference
in language between 16 Pa.C.S. Ch. 13 and the act of April 8,
1868 (P.L.73, No.37), is intended only to conform to the
style of the Pennsylvania Consolidated Statutes and is not
intended to change or affect the legislative intent, judicial
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construction or administration and implementation of the act
of April 8, 1868 (P.L.73, No.37).
(3) Paragraph (2) does not apply to the addition of:
(i) The definition of "discharge" under 16 Pa.C.S. §
1301.
(ii) 16 Pa.C.S. § 1303(2).
Section 4. This act shall take effect in 60 days.
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