Pennsylvania Act 2024-97 — COUNTIES (16 PA.C.S.) - CONSOLIDATING THE ACT OF APRIL 8, 1868 (P.L.73, NO.37) AND MAKING A REPEAL

Act text

Session of 2024

No. 2024-97

HB 269

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 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 Pa.C.S. § 7301 (relating to definitions).

§ 1302. Recording.

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.

(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 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.

APPROVED--The 16th day of October, A.D. 2024.

JOSH SHAPIRO