2001 - 2002 LEGISLATURE
February 25, 2002 - Introduced by Representatives Musser and Ryba. Referred to
Committee on Veterans and Military Affairs.
1An Act to amend
45.21; and to create
45.36 (7) of the statutes; relating to:
2release of information regarding a veteran and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the department of veterans affairs (DVA) receives records
and documents related to the status of veterans, including personal identification
information and information evidencing the veteran's service in the U.S. armed
forces. DVA creates files based on these records and documents and uses the
information in those records and documents to determine if the veteran and his or
her dependents are eligible for benefits from DVA or from the U.S. department of
veterans affairs. Current law requires DVA to establish rules regarding the
disclosure of those records and generally prohibits their disclosure except for official
Under current law, a veteran may record his or her certificate of discharge or
release from service at the register of deeds office. That certificate is available only
to the veteran, the veteran's dependents, the county veterans service officer, DVA,
and persons with written authorization from the veteran or the veteran's
This bill creates a forfeiture of not to exceed $1,000 for releasing to any
unauthorized person any record or document in the possession of DVA or the register
of deeds containing confidential information regarding a veteran.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB848, s. 1
45.21 of the statutes is amended to read:
245.21 Registration of certificate of discharge.
Every person who has 3
served in the U.S. armed forces at any time, and who has been honorably discharged 4
or given a certificate of service or relieved from active service may record with the 5
register of deeds of any county, in a suitable book provided by the county for that 6
purpose, a certificate of discharge or release. The certificate shall be accessible only 7
to the person or dependents, the county veterans' service officer,
department of 8
veterans affairs, or any person with written authorization from the person 9
discharged or dependents. The register of deeds may not charge for recording, except 10
that in counties where the register of deeds is under the fee system and not paid a 11
fixed salary the county shall pay the fee specified in s. 59.43 (2) (ag). The record of
12any such certificate heretofore made is hereby legalized. Any person who releases
13a certificate of discharge or release recorded with the register of deeds or any
14confidential information regarding a veteran included in that certificate in violation
15of this section is subject to a forfeiture of not to exceed $1,000 for each violation.
AB848, s. 2
45.36 (7) of the statutes is created to read:
(a) Any person who releases a record or document 18
containing confidential information regarding a veteran, including a separation 19
document, in violation of this section is subject to a forfeiture of not to exceed $1,000 20
for each violation.