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State of South Dakota
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EIGHTY-EIGHTH SESSION LEGISLATIVE ASSEMBLY, 2013 |
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Introduced by: Senators Monroe and Kirkeby and Representatives Stalzer, Duvall, and
Kaiser
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FOR AN ACT ENTITLED, An Act to provide for the release of certain military records of
deceased veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 33A-1-21 be amended to read as follows:
33A-1-21. The contents of, and all files, records, reports, papers, and documents pertaining to, any claim for the benefits of this chapter, or chapters 33A-2 to 33A-5, inclusive, whether pending or adjudicated, are confidential and privileged except to the veteran, a veteran's dependents or their duly authorized agents. Any deceased veteran's military records that are at least seventy-five years old are available to the public for research purposes and to the veteran's family members. However, investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for the benefits of this chapter, or chapters 33A-2 to 33A-5, inclusive, are exempt from release to the extent that the disclosure of the material would reveal the identity of the source who furnished information to the department under an express promise that the identity of the source would be held in confidence, or, prior to July 1, 1985, under an implied promise that the identity of the source would be held in
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 33A-1-21 be amended to read as follows:
33A-1-21. The contents of, and all files, records, reports, papers, and documents pertaining to, any claim for the benefits of this chapter, or chapters 33A-2 to 33A-5, inclusive, whether pending or adjudicated, are confidential and privileged except to the veteran, a veteran's dependents or their duly authorized agents. Any deceased veteran's military records that are at least seventy-five years old are available to the public for research purposes and to the veteran's family members. However, investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for the benefits of this chapter, or chapters 33A-2 to 33A-5, inclusive, are exempt from release to the extent that the disclosure of the material would reveal the identity of the source who furnished information to the department under an express promise that the identity of the source would be held in confidence, or, prior to July 1, 1985, under an implied promise that the identity of the source would be held in
confidence.
