Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 778

Introduced by Assembly Member Maienschein

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(Coauthors: Assembly Members Baker and McCarty)

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(Coauthors: Senators Bates, Block, Huff, and Leno)

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February 25, 2015

An act to amend Section 6107 of the Government Code, relating to fees.

LEGISLATIVE COUNSEL’S DIGEST

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 1.  

Section 6107 of the Government Code is amended
to read:

6107.  

(a)  begin delete No end delete begin insert A end insert public entity, including the state, a county,
city, or other political subdivision, begin delete nor end delete begin insert or end insert any officer or employee
thereof, including notaries public, shall begin insert not end insert 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 begin delete veteran’s end delete begin insert veterans’ end insert 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 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, 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 XIII B 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 XIII B 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.