AB 778, as amended, Maienschein. Fees: military service records.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 6107 of the Government Code is amended
begin deleteNo end deletepublic entity, including the state, a county,
4city, or other political subdivision,
begin delete norend delete any officer or employee
5thereof, including notaries public, shall demand or receive any
6fee or compensation for doing any of the following:
7(1) Recording, indexing, or issuing certified copies of any
8discharge, certificate of service, certificate of satisfactory service,
9notice of separation, or report of separation of any member of the
10Armed Forces of the United States.
11(2) Furnishing a certified copy of, or searching for, any public
12record that is to be used in an application or claim for a pension,
13allotment, allowance, compensation, insurance (including automatic
14 insurance), or any other benefits under any act of Congress for
15service in the Armed Forces of the United States or under any law
16of this state relating to veterans’ benefits.
17(3) Furnishing a certified copy of, or searching for, any public
18record that is required by the Veterans Administration to be used
19in determining the eligibility of any person to participate in benefits
20made available by the Veterans Administration.
21(4) Rendering any other service in connection with an
22application or claim referred to in paragraph (2) or (3).
P3 1(b) A certified copy of any record referred to in subdivision (a)
2may be made available only to one of the following:
3(1) The person who is the subject of the record upon presentation
4of proper photo identification.
5(2) A family member or legal representative of the person who
6is the subject of the record upon presentation of proper photo
7identification and certification of their relationship to the subject
8of the record.
9(3) A county office that provides
begin delete veteran’send delete benefits
10services upon written request of that office.
11(4) A United States official upon written request of that official.
12A public officer or employee is liable on his or her official bond
13for failure or refusal to render the services.
14(c) (1) If the county recorder receives a written, faxed, or
15digitized image of a request for a certified copy of any discharge,
16certificate of service, certificate of satisfactory service, notice of
17separation, or report of separation of any member of the Armed
18Forces of the United States referred to in paragraph (1) of
19subdivision (a) that is accompanied by a notarized statement sworn
20under penalty of perjury, or a faxed copy or digitized image of a
21notarized statement sworn under penalty of perjury, that the
22requester meets one of the descriptions in subdivision (b), the
23county recorder may furnish a certified copy to the applicant
24pursuant to this section.
25(2) A faxed or digitized image of the notary acknowledgment
26accompanying a faxed request received pursuant to this subdivision
27for a certified copy of any discharge, certificate of service,
28certificate of satisfactory service, notice of separation, or report
29of separation of any member of the Armed Forces of the United
30States shall be legible. If the notary’s seal is not photographically
31reproducible, or does not show the name of the notary, the county
32of the notary’s principal place of business, the notary’s telephone
33number, the notary’s registration number, and the notary’s
34commission expiration date typed or printed in a manner that is
35photographically reproducible below, or immediately adjacent to,
36the notary’s signature in the acknowledgment, the county recorder
37shall not provide the certified copy. If a request for a certified copy
38of any discharge, certificate of service, certificate of satisfactory
39service, notice of separation, or report of separation of any member
40of the Armed Forces of the United States is made in person, the
P4 1official shall take a statement sworn under penalty of perjury that
2the requester is signing his or her own legal name and is an
3authorized person, and that official may then furnish a certified
4copy to the applicant.
5(3) For purposes of this subdivision, “digitized image” of a
6request means an image of an original paper request for a certified
7copy of any discharge, certificate of service, certificate of
8satisfactory service, notice of separation, or report of separation
9of any member of the Armed Forces of the United States.
No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution for certain
12costs that may be incurred by a local agency or school district
13because, in that regard, this act creates a new crime or infraction,
14eliminates a crime or infraction, or changes the penalty for a crime
15or infraction, within the meaning of Section 17556 of the
16Government Code, or changes the definition of a crime within the
17meaning of Section 6 of Article XIII B of the California
19However, if the Commission on State Mandates determines that
20this act contains other costs mandated by the state, reimbursement
21to local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.