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