BILL ANALYSIS Ó AB 778 Page 1 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 AB 778 Page 2 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 AB 778 Page 3 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 AB 778 Page 4 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. AB 778 Page 5 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. AB 778 Page 6 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 AB 778 Page 7 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)" AB 778 Page 8 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 AB 778 Page 9 Chapters VFW - Department of California Opposition None on file Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958