2005 Idaho Code - 65-301 — PERFORMANCE WITHOUT FEE -- SERVICES ENUMERATED

                                  TITLE  65
                             SOLDIERS AND SAILORS
                                  CHAPTER 3
                        OFFICIAL SERVICES FOR VETERANS
    65-301.  PERFORMANCE WITHOUT FEE -- SERVICES ENUMERATED. (1) Any state,
county, city or public officer, or board, or body, acting in his or her or its
official capacity on behalf of the state, county, or city, including notaries
public, shall not collect, demand or receive any fee or compensation for
recording or indexing the discharge papers of any male or female veteran who
had active service in any war or conflict officially engaged in by the
government of the United States; or for issuing certified copies thereof, or
for any service whatever rendered by any such officer or officers, in the
matter of a pension claim, application, affidavit, voucher, or in the matter
of any claim to be presented to the United States department of veterans
affairs or for the purposes of securing any benefits under acts of congress
providing pension benefits for honorably discharged veterans of any war, and
all acts or parts of acts amendatory thereto, or for furnishing a certified
copy of the public record of a marriage, death, birth, divorce, deed of trust,
mortgage, or property assessment, or making a reasonable search for the same,
wherein the same is to be used in a claim for pension, or a claim for
allotment, allowance, compensation, insurance, automatic insurance, or
otherwise provided for by any and all legislation by congress providing
pension benefits for honorably discharged veterans of any war.
    (2)  Any veteran wishing to record his or her discharge papers may do so
with personal identifying information such as date of birth, social security
number, home address(es), blood type and other personal identifying
information redacted from the document. The name of the veteran may not be
redacted from the document.
    (3)  Any veteran or surviving spouse of any veteran of the United States
armed forces or his or her surviving spouse, attorney, personal
representative, executor or court appointed guardian has the right to request
that a county recorder remove from the official records any of the following
forms recorded before, on or after July 1, 2003, by or on behalf of the
requesting veteran: DD-214; DD-215; WD AGO 53; WD AGO 55; WD AGO 53-55; NAVMC
78-PD; and NAVPERS 553. The request must specify the identification page
number of the form to be removed. The request shall be made in person and with
appropriate identification to allow determination of identity. The county
recorder has no duty to inquire beyond the requestor to verify the identity of
the person requesting removal. No fee shall be charged for the removal. Any
paper and reasonably retrievable electronic likeness, the removal of which
will not affect other recorded documents, shall be removed from the record.
    (4)  No DD-214, DD-215, WD AGO 53, WD AGO 55, WD AGO 53-55, NAVMC 78-PD,
and NAVPERS 553, which is recorded at the request of any veteran of the United
States armed forces or his or her surviving spouse, attorney, personal
representative, executor or court appointed guardian shall be a public record
subject to release by the provisions of sections 9-337 through 9-350, Idaho
Code, without the express written consent of one (1) of the above enumerated
individuals.
    (5)  Nothing in this section shall create or permit any cause of action
against a county, county employee or the state of Idaho based upon harm caused
by information released from the records of the county.