AB 778: Fees: military service records.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-07-14
Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans benefits, as specified, provided to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official upon written request.
This bill would permit a county recorder to furnish a certified copy of these specified military records in response to a written, faxed, or digitized image of a request accompanied by a legible notarized statement that the requester is the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official, as specified. The bill would also permit an official to furnish a certified copy of these records to a requester in person upon taking a sworn statement, as provided.
By placing new duties on local officials and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans benefits, as specified, provided to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official upon written request.
This bill would permit a county recorder to furnish a certified copy of these specified military records in response to a written, faxed, or digitized image of a request accompanied by a legible notarized statement that the requester is the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official, as specified. The bill would also permit an official to furnish a certified copy of these records to a requester in person upon taking a sworn statement, as provided.
By placing new duties on local officials and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans benefits, as specified, provided to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official upon written request.
This bill would permit a county recorder to furnish a certified copy of these specified military records in response to a written, faxed, or digitized image of a request accompanied by a legible notarized statement that the requester is the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official, as specified. The bill would also permit an official to furnish a certified copy of these records to a requester in person upon taking a sworn statement, as provided.
By placing new duties on local officials and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans benefits, as specified, provided to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official upon written request.
This bill would permit a county recorder to furnish a certified copy of these specified military records in response to a written, faxed, or digitized image of a request accompanied by a legible notarized statement that the requester is the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official, as specified. The bill would also permit an official to furnish a certified copy of these records to a requester in person upon taking a sworn statement, as provided.
By placing new duties on local officials and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans benefits, as specified, provided to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official upon written request.
This bill would permit a county recorder to furnish a certified copy of these specified military records in response to a written, faxed, or digitized image of a request accompanied by a legible notarized statement that the requester is the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official, as specified. The bill would also permit an official to furnish a certified copy of these records to a requester in person upon taking a sworn statement, as provided.
By placing new duties on local officials and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)A public entity, including the state, a county, city, or other political subdivision, or any officer or employee thereof, including notaries public, shall not demand or receive any fee or compensation for doing any of the following:
(1)Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
(2)Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans benefits.
(3)Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration.
(4)Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3).
(b)A certified copy of any record referred to in subdivision (a) may be made available only to one of the following:
(1)The person who is the subject of the record upon presentation of proper photo identification.
(2)A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record.
(3)A county office that provides veterans benefits services upon written request of that office.
(4)A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services.
(c)(1)If the county recorder receives a written, faxed, or digitized image of a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States referred to in paragraph (1) of subdivision (a) that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions in subdivision (b), the county recorder may furnish a certified copy to the requester pursuant to this section.
(2)A faxed or digitized image of the notarized statement accompanying a faxed or digitized image of a request received pursuant to this subdivision for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States shall be legible. If the notarys seal is not photographically reproducible, or does not show the name of the notary, the county of the notarys principal place of business, the notarys telephone number, the notarys registration number, and the notarys commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notarys signature in the acknowledgment, the county recorder shall not provide the certified copy. If a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person pursuant to subdivision (b), and that official may then furnish a certified copy to the applicant.
(3)For purposes of this subdivision, digitized image of a request means an image of an original paper request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A public entity, including the state, a county, city, or other political subdivision, or any officer or employee thereof, including notaries public, shall not demand or receive any fee or compensation for doing any of the following:
(1)Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
(2)Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans benefits.
(3)Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration.
(4)Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3).
(b)A certified copy of any record referred to in subdivision (a) may be made available only to one of the following:
(1)The person who is the subject of the record upon presentation of proper photo identification.
(2)A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record.
(3)A county office that provides veterans benefits services upon written request of that office.
(4)A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services.
(c)(1)If the county recorder receives a written, faxed, or digitized image of a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States referred to in paragraph (1) of subdivision (a) that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions in subdivision (b), the county recorder may furnish a certified copy to the requester pursuant to this section.
(2)A faxed or digitized image of the notarized statement accompanying a faxed or digitized image of a request received pursuant to this subdivision for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States shall be legible. If the notarys seal is not photographically reproducible, or does not show the name of the notary, the county of the notarys principal place of business, the notarys telephone number, the notarys registration number, and the notarys commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notarys signature in the acknowledgment, the county recorder shall not provide the certified copy. If a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person pursuant to subdivision (b), and that official may then furnish a certified copy to the applicant.
(3)For purposes of this subdivision, digitized image of a request means an image of an original paper request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A public entity, including the state, a county, city, or other political subdivision, or any officer or employee thereof, including notaries public, shall not demand or receive any fee or compensation for doing any of the following:
(1)Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
(2)Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans benefits.
(3)Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration.
(4)Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3).
(b)A certified copy of any record referred to in subdivision (a) may be made available only to one of the following:
(1)The person who is the subject of the record upon presentation of proper photo identification.
(2)A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record.
(3)A county office that provides veterans benefits services upon written request of that office.
(4)A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services.
(c)(1)If the county recorder receives a written, faxed, or digitized image of a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States referred to in paragraph (1) of subdivision (a) that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions in subdivision (b), the county recorder may furnish a certified copy to the applicant requester pursuant to this section.
(2)A faxed or digitized image of the notary acknowledgment notarized statement accompanying a faxed or digitized image of a request received pursuant to this subdivision for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States shall be legible. If the notarys seal is not photographically reproducible, or does not show the name of the notary, the county of the notarys principal place of business, the notarys telephone number, the notarys registration number, and the notarys commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notarys signature in the acknowledgment, the county recorder shall not provide the certified copy. If a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person, person pursuant to subdivision (b), and that official may then furnish a certified copy to the applicant.
(3)For purposes of this subdivision, digitized image of a request means an image of an original paper request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)No A public entity, including the state, a county, city, or other political subdivision, nor or any officer or employee thereof, including notaries public, shall not demand or receive any fee or compensation for doing any of the following:
(1)Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
(2)Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans benefits.
(3)Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration.
(4)Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3).
(b)A certified copy of any record referred to in subdivision (a) may be made available only to one of the following:
(1)The person who is the subject of the record upon presentation of proper photo identification.
(2)A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record.
(3)A county office that provides veterans veterans benefits services upon written request of that office.
(4)A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services.
(c)(1)If the county recorder receives a written, faxed, or digitized image of a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States referred to in paragraph (1) of subdivision (a) that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions in subdivision (b), the county recorder may furnish a certified copy to the applicant pursuant to this section.
(2)A faxed or digitized image of the notary acknowledgment accompanying a faxed request received pursuant to this subdivision for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States shall be legible. If the notarys seal is not photographically reproducible, or does not show the name of the notary, the county of the notarys principal place of business, the notarys telephone number, the notarys registration number, and the notarys commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notarys signature in the acknowledgment, the county recorder shall not provide the certified copy. If a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant.
(3)For purposes of this subdivision, digitized image of a request means an image of an original paper request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)No public entity, including the state, a county, city, or other political subdivision, nor any officer or employee thereof, including notaries public, shall demand or receive any fee or compensation for doing any of the following:
(1)Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
(2)Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans benefits.
(3)Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration.
(4)Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3).
(b)A certified copy of any record referred to in subdivision (a) may be made available only to one of the following:
(1)The person who is the subject of the record upon presentation of proper photo identification.
(2)A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record.
(3)A county office that provides veterans benefits services upon written request of that office.
(4)A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services.
(c)(1)If the county recorder receives a written, faxed, or digitized image of a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States referred to in paragraph (1) of subdivision (a) that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions in subdivision (b), the county recorder may furnish a certified copy to the applicant pursuant to this section.
(2)A faxed or digitized image of the notary acknowledgment accompanying a faxed request received pursuant to this subdivision for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States shall be legible. If the notarys seal is not photographically reproducible, or does not show the name of the notary, the county of the notarys principal place of business, the notarys telephone number, the notarys registration number, and the notarys commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notarys signature in the acknowledgment, the county recorder shall not provide the certified copy. If a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant.
(3)For purposes of this subdivision, digitized image of a request means an image of an original paper request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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|---|---|
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jul 14, 2015 | Chaptered by Secretary of State - Chapter 84, Statutes of 2015. |
| Jul 14, 2015 | Approved by the Governor. |
| Jul 2, 2015 | Enrolled and presented to the Governor at 1 p.m. |
| Jun 25, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1620.). |
| Jun 25, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jun 25, 2015 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 23, 2015 | Read second time. Ordered to Consent Calendar. |
| Jun 22, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jun 9, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 9). Re-referred to Com. on APPR. |
| May 14, 2015 | Referred to Com. on V.A. |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1224.) |
| Feb 25, 2015 | Read first time. To print. |
| Apr 30, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 23, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 22, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 22). |
| Apr 14, 2015 | Re-referred to Com. on APPR. |
| Apr 13, 2015 | Read second time and amended. |
| Apr 9, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 8). |
| Apr 6, 2015 | Re-referred to Com. on L. GOV. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. |
| Mar 12, 2015 | Referred to Com. on L. GOV. |
| Feb 26, 2015 | From printer. May be heard in committee March 28. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jun 25, 2015 | Consent Calendar 2nd AB778 Maienschein | Senate Floor |
Passed |
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| Jun 9, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Veterans Affairs |
Passed |
|
| Apr 30, 2015 | AB 778 MAIENSCHEIN Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 22, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 8, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
AB 778
Page 5
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: AB 778
Author: Maienschein (R), et al.
Amended: 4/13/15 in Assembly
SENATE VETERANS AFFAIRS COMMITTEE: 5-0, 6/9/15
AYES: Nielsen, Hueso, Allen, Nguyen, Roth
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote
SUBJECT: Fees: military service records
SOURCE: County Recorder’s Association of California
DIGEST: This bill allows county recorders to provide certified copies of military discharge documents, when those documents are requested using any of the following methods: (1) In writing (mail); (2) facsimile machine (fax); (3) digitized image (email).
Existing law:
Allows veterans and other specified persons to record military separation documents at the local county recorder’s office.
Provides that the county recorder shall require that a person, who is requesting recordation of a military separation document, sign a form stating that the person acknowledges that recording the document establishes the document and all information within it as part of the county’s official record, and that the information is open to public inspection.
Prohibits a public entity from charging a fee for recording, indexing, or issuing certified copies of a veteran’s military records, and for furnishing copies of or searching for records related to a veteran’s claim for veterans’ benefits.
Authorizes certified copies of a military discharge document to be made available to any of the following:
The person who is the subject of the record, upon presentation of proper photo identification.
A family member or legal representative of the person who is the subject of the record.
A county office that provides veterans’ benefits services, upon written request of that office.
A United States official, upon written request of that official.
This bill:
Allows a county recorder to furnish a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the United States Armed Forces to an applicant pursuant to existing law if the recorder receives a written, faxed, or digitized image of a request for military discharge documents that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions of persons allowed to receive discharge documents pursuant to existing law.
Requires a faxed or digitized image of the notary acknowledgment accompanying a faxed request for a certified copy of any military discharge documents received pursuant to 1), above, to be legible.
Prohibits a recorder from providing a certified copy requested pursuant to 1), above, if the notary’s seal is not photographically reproducible, or does not show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment.
Provides that, if a request for a certified copy of any military discharge documents is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant.
Defines “digitized image” of a request to mean an image of an original paper request for a certified copy of any military discharge documents.
Background
Military Separation Documents
Typically, the military issues a report of separation when a member of the Armed Forces concludes a period of qualifying Title 10 active duty service. The report of separation contains information normally needed to verify military service for benefits, retirement, employment and membership in veterans' organizations. Since 1950, the report of separation form issued is the DD Form 214 (Certificate of Release or Discharge from Active Duty.) Information shown on the DD Form 214 includes the service member's:
Date and place of entry into active duty.
Home address at time of entry.
Date and place of release from active duty.
Home address after separation.
Last duty assignment and rank.
Military job specialty.
Military education.
Decorations, medals, badges, citations and campaign awards received.
Total creditable service.
Foreign service credited.
Separation information (date and type of separation, character of service, authority and reason for separation and reenlistment eligibility codes).
Prior to the universal adoption of the DD Form 214, which became effective on January 1, 1950, the military services used several similar report of separation forms, any of which could be on file with some county recorder offices. These include forms WD AGO 53, WD AGO 55, WD AGO 53-55, NAVPERS 553, NAVMC 78PD, and NAVCG 553.
Technological Advancement
In 2013, the Legislature enacted AB 464 (Daly), which allows for electronic requests for vital records and creates statewide standards for acceptable documents for recording real property. The electronic requests may include digitized images. A digital scan of an image is of higher quality, and can be securely transmitted to a recipient through the Internet with less time and expense than a fax. AB 464 applied this technology to requests for vital records, but did not extend application to requests for military separation documents.
Related/Prior Legislation
AB 2215 (Maienschein, Chapter 651, Statutes of 2014) allowed a family member or a legal representative of a military veteran to request county recordation of that veteran's military discharge document, and required such persons to sign a specified statement when doing so.
AB 464 (Daly, Chapter 78, Statutes of 2013) allowed requests for vital records (birth, death and marriage certificates) to be made using digitized images, among other provisions.
AB 1179 (Parra, Chapter 6, Statutes of 2004) prohibited county recorders from providing certified copies of military discharge documents except to specified persons, and allowed county recorders to issue certified copies of military discharge documents when requested in writing or via fax, as specified.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
County Recorder’s Association of California (source)
American Legion - Department of California
AMVETS - Department of California
California Association of County Veterans Service Officers
California State Commanders Veteran Council
Military Officers Association of America - California Council of Chapters
Veterans of Foreign Wars - Department of California
OPPOSITION: (Verified 6/24/15)
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by: Wade Cooper Teasdale / V.A. / (916) 651-1503
6/24/15 17:32:45
**** END ****
AB 778 (Maienschein) Page 4 of 4
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: AB 778 Hearing Date: 6/9/15
Author: |
Maienschein |
||
Version: |
4/13/15 Amended |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Wade Cooper Teasdale |
||
Subject: Fees: military service records.
DESCRIPTION
Summary: Allows county recorders to provide certified copies of military discharge documents, when those documents are requested using any of the following methods:
In writing (mail).
Facsimile machine (fax).
Digitized image (email).
*Allows requests for copies of military discharge documents to use the same technologies already authorized for use in requesting copies of vital records.
Existing law:
Allows veterans and other specified persons to record military separation documents at the local county recorder’s office.
Provides that the county recorder shall require that a person, who is requesting recordation of a military separation document, sign a form stating that the person acknowledges that recording the document establishes the document and all information within it as part of the county’s official record, and that the information is open to public inspection.
Prohibits a public entity from charging a fee for recording, indexing, or issuing certified copies of a veteran’s military records, and for furnishing copies of or searching for records related to a veteran’s claim for veterans’ benefits.
Authorizes certified copies of a military discharge document to be made available to any of the following:
The person who is the subject of the record, upon presentation of proper photo identification.
A family member or legal representative of the person who is the subject of the record.
A county office that provides veterans’ benefits services, upon written request of that office.
A United States official, upon written request of that official.
This bill:
Allows a county recorder to furnish a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the United States Armed Forces (military discharge document) to an applicant pursuant to existing law if the recorder receives a written, faxed, or digitized image of a request for military discharge documents that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions of persons who are allowed to receive military discharge documents pursuant to existing law.
Requires a faxed or digitized image of the notary acknowledgment accompanying a faxed request for a certified copy of any military discharge documents received pursuant to 1), above, to be legible.
Prohibits a recorder from providing a certified copy requested pursuant to 1), above, if the notary’s seal is not photographically reproducible, or does not show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment.
Provides that, if a request for a certified copy of any military discharge documents is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant.
Defines “digitized image” of a request to mean an image of an original paper request for a certified copy of any military discharge documents.
BACKGROUND
Military Separation Documents
Typically, the military issues a Report of Separation when a member of the Armed Forces concludes a period of qualifying Title 10 active duty service. The Report of Separation contains information normally needed to verify military service for benefits, retirement, employment and membership in veterans' organizations. Since 1950, the Report of Separation form issued is the DD Form 214 (Certificate of Release or Discharge from Active Duty.) Information shown on the DD Form 214 includes the service member's:
Date and place of entry into active duty.
Home address at time of entry.
Date and place of release from active duty.
Home address after separation.
Last duty assignment and rank.
Military job specialty.
Military education.
Decorations, medals, badges, citations and campaign awards received.
Total creditable service.
Foreign service credited.
Separation information (date and type of separation, character of service, authority and reason for separation and separation and reenlistment eligibility codes).
Prior to the universal adoption of the DD Form 214, which became effective on January 1, 1950, the military services used several similar Report of Separation forms, any of which could be on file with some county recorder offices. These include:
WD AGO 53
WD AGO 55
WD AGO 53-55
NAVPERS 553
NAVMC 78PD
NAVCG 553.
Technological Advancement
In 2013 the Legislature enacted AB 464 (Daly), which allows for electronic requests for vital records and creates state-wide standards for acceptable documents for recording real property. The electronic requests may include digitized images. A digital scan of an image is of higher quality, and can be securely transmitted to a recipient through the Internet with less time and expense than a fax. AB 464 applied this technology to requests for vital records, but did not extend application to requests for military separation documents.
COMMENT
Author’s statement:
“AB 778 will grant veterans and their families’ greater access to certified copies of their military service records by allowing military service records to be requested in the same manner as vital records”
Sponsor’s statement:
“County Recorders support greater access to public records. In addition, allowing United States veterans greater access to certified copies of military service records. This bill will would allow military service records to be requested in the same manner as birth, death and marriage records.
“Specifically, this bill will add digitized scanned images to be acceptable forms of requests for military service records. Current law does not allow for technological advances, such as scanning, in regards to accessing their information at the County Recorder's office. This bill will provide greater access and convenience for the public benefit in a manner that County Recorders can easily accommodate. Recorders offices are well positioned to accept scanned images after the passage of AB 464 (2013), as they accept digitized scanned requests of vital records.“
Related/Prior legislation:
AB 2215 (Maienschein, Chapter 651, Statutes of 2014) allowed a family member or a legal representative of a military veteran to request county recordation of that veteran's military discharge document, and required such persons to sign a specified statement when doing so.
AB 464 (Daly, Chapter 78, Statutes of 2013) allowed requests for vital records (birth, death and marriage certificates) to be made using digitized images, among other provisions.
AB 1179 (Parra, Chapter 6, Statutes of 2004) prohibited county recorders from providing certified copies of military discharge documents except to specified persons, and allowed county recorders to issue certified copies of military discharge documents when requested in writing or via fax, as specified.
POSITIONS
Sponsor: County Recorder’s Association of California (CRAC)
Support:
American Legion - Department of California
AMVETS - Department of California
California Association of County Veterans Service Officers
California State Commanders Veteran Council
Military Officers Association of America - California Council of Chapters
Veterans of Foreign Wars - Department of California
Oppose: None on file
-- END --
AB 778
Page 2
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 778
(Maienschein) – As Amended April 13, 2015
Policy Committee: |
Local Government |
Vote: |
9 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY: This bill allows county recorders to provide certified copies of military discharge documents when those documents are requested in writing or via fax or digitized image if the request is accompanied by a notarized statement sworn under penalty of perjury, or a legible faxed copy or digitized image of a notarized statement sworn under penalty of perjury that the requestor is an authorized person, as defined.
FISCAL EFFECT:
Minor and absorbable costs to county recorders. County recorders currently accept vital records requests in this manner.
Unknown, but likely negligible cost to the state GF of any potentially reimbursable mandate.
COMMENTS:
Purpose. According to the author, "AB 778 will grant veterans and their families’ greater access to certified copies of their military service records by allowing military service records to be requested in the same manner as vital records."
Background. U.S. veterans are issued a certificate of release or discharge from active duty by the U.S. Department of Defense when a military service member retires, separates from service, or is discharged from active-duty military service. This “Certificate of Release or Discharge from Active Duty” is commonly referred to as a “DD214.” The DD214 contains information needed to verify military service for benefits, employment, retirements, funeral honors, and membership in veterans’ organizations.
California law allows veterans and other specified persons to record their DD214s at the local county recorder’s office. Before recording, the veteran must sign a statement acknowledging that, by recording the document, the DD214 will become a public document. Recording a DD214 is generally done to prevent the loss of the document and to provide easy access to certified copies as necessary. It also allows family members to preserve a loved one’s military service history.
AB 464 (Daly), Chapter 78, Statutes of 2013, allowed requests for vital records (birth, death and marriage certificates) to be made using digitized images, among other provisions. The digitized request must be accompanied by a notarized statement, sworn under penalty of perjury, that the requester is a person authorized to receive the document(s). The bill also deleted, inadvertently, provisions allowing county recorders to issue certified copies of military discharge documents when requested in writing or via fax. This bill reinstates that prior law authorization, and provides a new authorization to issue certified copies of military discharge documents when requested via digitized image.
Prior Legislation.
AB 2215 (Maienschein), Chapter 651, Statutes of 2014, allowed a family member or a legal representative of a military veteran to request county recordation of that veteran's military discharge document, and required such persons to sign a specified statement when doing so.
AB 464 (Daly), Chapter 78, Statutes of 2013, allowed requests for vital records (birth, death and marriage certificates) to be made using digitized images, among other provisions.
AB 1179 (Parra), Chapter 6, Statutes of 2004, prohibited county recorders from providing certified copies of military discharge documents except to specified persons, and allowed county recorders to issue certified copies of military discharge documents when requested in writing or via fax, as specified.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 778
Page 4
Date of Hearing: April 8, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 778
Maienschein – As Amended March 26, 2015
SUBJECT: Fees: military service records.
SUMMARY: Allows county recorders to provide certified copies of military discharge documents when those documents are requested in writing or via fax or digitized image. Specifically, this bill:
Allows a county recorder to furnish a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States (military discharge document) to an applicant pursuant to existing law if the recorder receives a written, faxed, or digitized image of a request for military discharge documents that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions of persons who are allowed to receive military discharge documents pursuant to existing law.
Requires a faxed or digitized image of the notary acknowledgment accompanying a faxed request for a certified copy of any military discharge documents received pursuant to 1), above, to be legible.
Prohibits a recorder from providing a certified copy requested pursuant to 1), above, if the notary’s seal is not photographically reproducible, or does not show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment.
Provides that, if a request for a certified copy of any military discharge documents is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant.
Defines “digitized image” of a request to mean an image of an original paper request for a certified copy of any military discharge documents.
EXISTING LAW:
Provides, under the Public Records Act, that public records of state and local public agencies are open to inspection and copying upon request and payment of costs. An agency may withhold disclosure of a record only where the record is statutorily exempt from disclosure or where the public interest in not disclosing the record clearly outweighs the public interest in disclosing the record. This balancing test is done on a case-by-case basis.
Requires, if any military veteran or other authorized person requests recordation of a military discharge document, the county recorder to require the person requesting recordation to sign a form stating that the person acknowledges that he or she is informed that by recording the military discharge document, all information referenced within it becomes part of the official record of the county, and that the information is open to inspection by any person.
Prohibits a public entity from charging a fee for recording, indexing, or issuing certified copies of military records of any member of the armed forces, and for furnishing copies of or searching for records related to a veteran’s claim for veterans’ benefits.
Provides that a certified copy of a military discharge document may be made available only to one of the following:
The person who is the subject of the record, upon presentation of proper photo identification;
A family member or legal representative of the person who is the subject of the record, upon presentation of proper photo identification and certification of their relationship to the subject of the record;
A county office that provides veterans’ benefits services, upon written request of that office; and,
A United States official, upon written request of that official.
States that no copy of a recorded military discharge document may be issued except as provided above.
FISCAL EFFECT: This bill is keyed fiscal and contains a state-mandated local program.
COMMENTS:
Bill Summary. This bill allows county recorders to furnish certified copies of military discharge documents to authorized persons who request those records in writing, via fax or via a digitized image (scanned documents via email.) The bill requires such requests to be accompanied by a notarized statement attesting that the requester is allowed under current law to request copies of these documents, and requires the statement to be legible. If a request is made in person, this bill requires the official to take a sworn statement that the requester is allowed under current law to request copies of these documents. This bill is sponsored by the County Recorders' Association of California.
Author's Statement. According to the author, "AB 778 will grant veterans and their families’ greater access to certified copies of their military service records by allowing military service records to be requested in the same manner as vital records."
Background. U.S. veterans are issued a certificate of release or discharge from active duty by the U.S. Department of Defense when a military service member retires, separates from service, or is discharged from active-duty military service. This “Certificate of Release or Discharge from Active Duty” is commonly referred to as a “DD214.” The DD214 contains information needed to verify military service for benefits, employment, retirements, funeral honors, and membership in veterans’ organizations.
California law allows veterans and other specified persons to record their DD214s at the local county recorder’s office. Before recording, the veteran must sign a statement acknowledging that, by recording the document, the DD214 will become a public document. Recording a DD214 is generally done to prevent the loss of the document and to provide easy access to certified copies as necessary. An additional reason to record is to allow family members to preserve a loved one’s military service history. Regardless of the purpose, recording is completely discretionary. There is no requirement that a veteran record the document with the county recorder’s office.
AB 1179 (Parra), Chapter 6, Statutes of 2004, prohibited county recorders from providing certified copies of military discharge documents except to specified persons, and allowed county recorders to issue certified copies of military discharge documents when requested in writing or via fax, as specified. AB 464 (Daly), Chapter 78, Statutes of 2013, allowed requests for vital records (birth, death and marriage certificates) to be made using digitized images, among other provisions. The digitized request must be accompanied by a notarized statement, sworn under penalty of perjury, that the requester is a person authorized to receive the document(s). The bill also deleted, inadvertently, provisions allowing county recorders to issue certified copies of military discharge documents when requested in writing or via fax. This bill reinstates that prior law authorization, and allows a new authorization to issue certified copies of military discharge documents when requested via digitized image.
Prior Legislation. AB 2215 (Maienschein), Chapter 651, Statutes of 2014, allowed a family member or a legal representative of a military veteran to request county recordation of that veteran's military discharge document, and required such persons to sign a specified statement when doing so.
AB 464 (Daly), Chapter 78, Statutes of 2013, allowed requests for vital records (birth, death and marriage certificates) to be made using digitized images, among other provisions.
AB 1179 (Parra), Chapter 6, Statutes of 2004, prohibited county recorders from providing certified copies of military discharge documents except to specified persons, and allowed county recorders to issue certified copies of military discharge documents when requested in writing or via fax, as specified.
State Mandate. This bill is keyed a state mandate, which means the state could be required to reimburse local agencies and school districts for implementing the bill's provisions if the Commission on State Mandates determines that the bill contains costs mandated by the state. In general, county recorders are allowed to charge fees for recording documents, providing certified copies of documents, and so forth. However, current law does not allow fees for services rendered in connection with military discharge documents.
Technical Amendments. In order to maintain consistency in terminology, the author may wish to adopt the following technical amendments:
On page 3, in line 23, strike out "applicant" and insert "requester"
On page 3, in line 25, strike out "notary acknowledgement" and insert "notarized statement"
On page 3, in line 26, after "faxed" insert "or digitized image of a"
On page 4, in line 3, after "authorized person" insert "pursuant to subdivision (b)"
Arguments in Support. The County Recorders' Association of California, in support, states, "This bill will provide veterans greater access to certified copies of military service records, allowing military service records to be requested in the same manner as birth, death and marriage records…This bill will provide greater access and convenience for the public benefit in a manner that County Recorders can easily accommodate."
Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
County Recorders' Association of California [SPONSOR]
American Legion – Department of California
AMVETS - Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America, California Council of Chapters
VFW – Department of California
Opposition
None on file
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958
Bill Author
Bill Co-Author(s):
