BILL ANALYSIS �
AB 2215
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CONCURRENCE IN SENATE AMENDMENTS
AB 2215 (Maienschein)
As Amended June 24, 2014
Majority vote
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|ASSEMBLY: |73-0 |(May 8, 2014) |SENATE: |36-0 |(August 18, |
| | | | | |2014) |
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Original Committee Reference: L. GOV.
SUMMARY : Allows a family member or a legal representative of a
military veteran to request county recordation of that veteran's
military discharge document, and requires such persons to sign a
specified statement when doing so.
The Senate amendments specify that only a family member or a
legal representative of a military veteran may request county
recordation of that veteran's military discharge document.
EXISTING LAW :
1)Requires, if any military veteran requests a military
discharge document, including a veteran's service form DD214,
be recorded in any county in this state, the county recorder
to require the veteran to sign a form stating that the veteran
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.
2)Provides that no copy of a recorded military discharge
document may be issued except as provided in 3) and 4) below.
3)Provides that no public entity, including the state, a county,
city, or other political subdivision, nor any officer or
employee thereof, including notaries public, shall demand or
receive any fee or compensation for doing any of the
following:
a) 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
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States (U.S.);
b) 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 U.S. or under any law of this state relating
to veterans' benefits;
c) Furnishing a certified copy of, or searching for, any
public record that is required by the Veterans
Administration (VA) to be used in determining the
eligibility of any person to participate in benefits made
available by the VA; and,
d) Rendering any other service in connection with an
application or claim referred to in b) or c) above.
4)Provides that a certified copy of any record referred to in 3)
above, 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
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 veteran's benefits
services upon written request of that office; and,
d) A U.S. 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.
5)Provides, pursuant to the California Public Records Act, that
the public records, as defined, of every state or local agency
are open for inspection at all times during the office hours
of the agency, that every person has a right to inspect any
public record except as provided in the act, and that every
agency, upon request, shall make copies of records available
upon payment of fees to cover costs.
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AS PASSED BY THE ASSEMBLY , this bill:
1)Specified that, if any person authorized under current law to
receive a certified copy of specified records requests county
recordation of a military discharge document, including a
veteran's service form DD214 (military discharge document),
the county recorder must 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.
2)Provided that, if the Commission on State Mandates determines
that this bill contains costs mandated by the state,
reimbursement to local agencies and school districts for those
costs shall be made pursuant to current law governing state
mandated local costs.
FISCAL EFFECT : According to the Senate Appropriations
Committee, ongoing local costs to county recorders to record
veterans' discharge documents. As county recorders are
prohibited from charging a fee for recording military records,
any potential reimbursable mandate due to the additional work
for county clerks is estimated to be minor but could potentially
exceed $50,000 (General Fund) in any one year.
COMMENTS :
1)Purpose of this bill. This bill seeks to allow family members
to request a recordation of military discharge documents with
county recorders. This bill is sponsored by the County
Recorders' Association of California.
2)Author's statement. According to the author, "California
(law) requires a veteran wishing to record a military
discharge document (DD214) to sign a statement acknowledging
that by recording the military discharge document all
information will become public. The statute does not consider
situations where the veteran is deceased or unable to sign the
statement, nor does the statute allow for a family member to
record on behalf of the veteran. AB 2215 will explicitly
allow a family member who is currently authorized? to receive
a certified copy, to also be allowed to record the DD214 in
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the first place."
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 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. In
addition to the veteran, family members of the veteran may
obtain certified copies of the DD214. However, family members
are not authorized to request recordation of military
discharge documents, including DD214s.
Recording a DD214 is generally done to prevent the loss of the
document and provide easy access to certified copies as
necessary. An additional reason to record includes family
members wishing 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.
4)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, fees are not allowed for services rendered in
connection with military documents.
5)Arguments in support. The County Recorders' Association of
California, the sponsor of this bill, states, "County
Recorders have encountered situations where a veteran was
incapacitated or deceased and a family member is requesting
recordation in order to obtain benefits or preserve the
historical significance of the veteran's service. Under
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current law, the Recorder is required to reject the recording.
AB 2215 would assist veterans and their families by allowing
authorized persons to record the military discharge document."
6)Arguments in opposition. None on file.
Analysis Prepared by : Angela Mapp / L. GOV. / (916) 319-3958
FN: 0004365