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
1 Amending Title 16 (Counties) of the Pennsylvania Consolidated
2 Statutes, consolidating the act of April 8, 1868 (P.L.73,
3 No.37), entitled "An act to authorize the recorder of deeds
4 in the several counties of this Commonwealth to record the
5 discharges of all honorably discharged officers and
6 soldiers"; and making a repeal.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 16 of the Pennsylvania Consolidated
10 Statutes is amended by adding a chapter to read:
11 CHAPTER 13
12 RECORDER OF DEEDS
13 Sec.
14 1301. Definitions.
15 1302. Recording.
16 1303. Confidentiality.
17 § 1301. Definitions.
18 The following words and phrases when used in this chapter
 1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Discharge." As follows:
4 (1) Each final discharge of each:
5 (i) Noncommissioned officer discharged from service
6 under conditions other than dishonorable as provided for
7 in 51 Pa.C.S. § 104 (relating to character of discharge).
8 (ii) Individual who was duly enlisted and mustered
9 into any of the following:
10 (A) The armed forces of the United States.
11 (B) A reserve component.
12 (C) A women's organization officially connected
13 with an entity under clause (A) or (B).
14 (2) Each certificate of service issued to a commissioned
15 officer upon termination of active service as provided under
16 paragraph (1).
17 (3) Upon application being made to the armed forces of
18 the United States or a reserve component by the holders of
19 the discharge and the holder's agents, attorneys or legal
20 representatives:
21 (i) each report of separation from the armed forces
22 of the United States or a reserve component, commonly
23 known as DD Form 214, NGB Form 22; and
24 (ii) similar forms delivered to members of the armed
25 services upon the member's retirement or separation from
26 active duty.
27 "Recorder of deeds." The recorder of deeds or the equivalent
28 officer in a home rule or optional plan county for recording.
29 "Reserve component." The term shall have the same meaning as
30 the term "reserve component of the armed forces" has in 51
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 1 Pa.C.S. § 7301 (relating to definitions).
2 § 1302. Recording.
3 (a) Duty.--The recorder of deeds shall record each final <--
4 discharge.
5 (b) Cost.--
6 (1) The recorder may impose a fee of 50¢ for recording a
7 discharge, which shall be paid by the county where the
8 discharge is recorded upon the presentation to the county
9 commissioners of a voucher by the recorder recording the
10 discharge.
11 (2) The recording of the discharge shall not be subject
12 to the payment of State tax.
13 (3) This subsection shall not apply to a holder of a
14 discharge who is not a resident of this Commonwealth at the
15 time of making the holder's application to the recorder for
16 recording the discharge. THE RECORDER OF DEEDS SHALL RECORD <--
17 EACH FINAL DISCHARGE.
18 § 1303. Confidentiality.
19 A record of a discharge received by the recorder of deeds for
20 recording shall be confidential and may not be disclosed except
21 as follows:
22 (1) To the individual who is the subject of the
23 discharge, to a member of the individual's immediate family
24 or, as authorized in writing, to the individual's agent or
25 representative.
26 (2) To a person making a request for a record, report or
27 form if the event that resulted in the record, report or form
28 occurred more than 85 years prior to the request.
29 (3) If required by process of a court to be produced in
30 a suit or proceeding pending.
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 1 (4) If required by the county director of veterans
2 affairs or a department or other agency of the Commonwealth
3 or Federal Government.
4 Section 2. Repeals are as follows:
5 (1) The General Assembly declares that the repeal under
6 paragraph (2) is necessary to effectuate the addition of 16
7 Pa.C.S. Ch. 13.
8 (2) The act of April 8, 1868 (P.L.73, No.37), is
9 repealed.
10 Section 3. The addition of 16 Pa.C.S. Ch. 13 is a
11 continuation of the act of April 8, 1868 (P.L.73, No.37). The
12 following apply:
13 (1) Except as otherwise provided in 16 Pa.C.S. Ch. 13,
14 all activities initiated under the act of April 8, 1868
15 (P.L.73, No.37), shall continue and remain in full force and
16 effect and may be completed under 16 Pa.C.S. Ch. 13. Orders,
17 regulations, rules and decisions which were made under the
18 the act of April 8, 1868 (P.L.73, No.37), and which are in
19 effect on the effective date of this section, shall remain in
20 full force and effect until revoked, vacated or modified
21 under 16 Pa.C.S. Ch. 13. Contracts, obligations and
22 collective bargaining agreements entered into under the act
23 of April 8, 1868 (P.L.73, No.37), are not affected nor
24 impaired by the repeal of the act of April 8, 1868 (P.L.73,
25 No.37).
26 (2) Except as set forth in paragraph (3), any difference
27 in language between 16 Pa.C.S. Ch. 13 and the act of April 8,
28 1868 (P.L.73, No.37), is intended only to conform to the
29 style of the Pennsylvania Consolidated Statutes and is not
30 intended to change or affect the legislative intent, judicial
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1 construction or administration and implementation of the act
2 of April 8, 1868 (P.L.73, No.37).
3 (3) Paragraph (2) does not apply to the addition of:
4 (i) The definition of "discharge" under 16 Pa.C.S. §
5 1301.
6 (ii) 16 Pa.C.S. § 1303(2).
7 Section 4. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 0232: P.L.73, No.37