Amended in Assembly April 13, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 778

Introduced by Assembly Member Maienschein

(Coauthors: Assembly Members Baker and McCarty)

(Coauthors: Senators Bates, Block, Huff, begin delete and Leno end delete begin insert Leno, and Vidak end insert )

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) 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 begin delete applicant end delete
begin insert requester end insert pursuant to this section.

(2) A faxed or digitized image of the begin delete notary acknowledgment end delete
begin insert notarized statement end insert accompanying a faxed begin insert or digitized image of
a end insert 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 begin delete person, end delete begin insert person pursuant
to subdivision (b), end insert 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.