BILL ANALYSIS Ó
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: AB 778 Hearing Date: 6/9/15
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|Author: |Maienschein |
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|Version: |4/13/15 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Wade Cooper Teasdale |
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Subject: Fees: military service records.
DESCRIPTION
Summary : Allows county recorders to provide certified copies of
military discharge documents, when those documents are requested
using any of the following methods:
1)In writing (mail).
2)Facsimile machine (fax).
3)Digitized image (email).
*Allows requests for copies of military discharge documents
to use the same technologies already authorized for use in
requesting copies of vital records.
Existing law:
1)Allows veterans and other specified persons to record military
separation documents at the local county recorder's office.
2)Provides that the county recorder shall require that a person,
who is requesting recordation of a military separation
document, sign a form stating that the person acknowledges
that recording the document establishes the document and all
information within it as part of the county's official record,
and that the information is open to public inspection.
3)Prohibits a public entity from charging a fee for recording,
indexing, or issuing certified copies of a veteran's military
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records, and for furnishing copies of or searching for records
related to a veteran's claim for veterans' benefits.
4)Authorizes certified copies of a military discharge document
to be made available to any 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
who is the subject of the record.
c) A county office that provides veterans' benefits
services, upon written request of that office.
d) A United States official, upon written request of that
official.
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 United States Armed Forces (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
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.
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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.
BACKGROUND
Military Separation Documents
Typically, the military issues a Report of Separation when a
member of the Armed Forces concludes a period of qualifying
Title 10 active duty service. The Report of Separation contains
information normally needed to verify military service for
benefits, retirement, employment and membership in veterans'
organizations. Since 1950, the Report of Separation form issued
is the DD Form 214 (Certificate of Release or Discharge from
Active Duty.) Information shown on the DD Form 214 includes the
service member's:
Date and place of entry into active duty.
Home address at time of entry.
Date and place of release from active duty.
Home address after separation.
Last duty assignment and rank.
Military job specialty.
Military education.
Decorations, medals, badges, citations and campaign
awards received.
Total creditable service.
Foreign service credited.
Separation information (date and type of separation,
character of service, authority and reason for separation
and separation and reenlistment eligibility codes).
Prior to the universal adoption of the DD Form 214, which became
effective on January 1, 1950, the military services used several
similar Report of Separation forms, any of which could be on
file with some county recorder offices. These include:
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WD AGO 53
WD AGO 55
WD AGO 53-55
NAVPERS 553
NAVMC 78PD
NAVCG 553.
Technological Advancement
In 2013 the Legislature enacted AB 464 (Daly), which allows for
electronic requests for vital records and creates state-wide
standards for acceptable documents for recording real property.
The electronic requests may include digitized images. A digital
scan of an image is of higher quality, and can be securely
transmitted to a recipient through the Internet with less time
and expense than a fax. AB 464 applied this technology to
requests for vital records, but did not extend application to
requests for military separation documents.
COMMENT
Author's statement :
"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"
Sponsor's statement :
"County Recorders support greater access to public records. In
addition, allowing United States veterans greater access to
certified copies of military service records. This bill will
would allow military service records to be requested in the same
manner as birth, death and marriage records.
"Specifically, this bill will add digitized scanned images to be
acceptable forms of requests for military service records.
Current law does not allow for technological advances, such as
scanning, in regards to accessing their information at the
County Recorder's office. This bill will provide greater access
and convenience for the public benefit in a manner that County
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Recorders can easily accommodate. Recorders offices are well
positioned to accept scanned images after the passage of AB 464
(2013), as they accept digitized scanned requests of vital
records."
Related/Prior legislation :
1)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.
2)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.
3)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.
POSITIONS
Sponsor: County Recorder's Association of California (CRAC)
Support:
American Legion - Department of California
AMVETS - Department of California
California Association of County Veterans Service Officers
California State Commanders Veteran Council
Military Officers Association of America - California Council of
Chapters
Veterans of Foreign Wars - Department of California
Oppose: None on file
-- END --
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