BILL ANALYSIS Ó
AB 778
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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:
1)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.
2)Requires a faxed or digitized image of the notary
acknowledgment accompanying a faxed request for a certified
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copy of any military discharge documents received pursuant to
1), above, to be legible.
3)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.
4)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.
5)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:
1)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
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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.
2)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.
3)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.
4)Provides that a certified copy of a military discharge
document may be made available only to one of the following:
a) The person who is the subject of the record, upon
presentation of proper photo identification;
b) A family member or legal representative of the person
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who is the subject of the record, upon presentation of
proper photo identification and certification of their
relationship to the subject of the record;
c) A county office that provides veterans' benefits
services, upon written request of that office; and,
d) A United States official, upon written request of that
official.
5)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:
1)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.
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2)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."
3)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.
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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.
4)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
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county recorders to issue certified copies of military
discharge documents when requested in writing or via fax, as
specified.
5)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.
6)Technical Amendments. In order to maintain consistency in
terminology, the author may wish to adopt the following
technical amendments:
a) On page 3, in line 23, strike out "applicant" and insert
"requester"
b) On page 3, in line 25, strike out "notary
acknowledgement" and insert "notarized statement"
c) On page 3, in line 26, after "faxed" insert "or
digitized image of a"
d) On page 4, in line 3, after "authorized person" insert
"pursuant to subdivision (b)"
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7)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."
8)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
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Chapters
VFW - Department of California
Opposition
None on file
Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958