Bill Text: CA AB331 | 2017-2018 | Regular Session | Amended

California Assembly Bill 331 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: County recorders: veterans: recorded documents.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-10-02 - Chaptered by Secretary of State - Chapter 399, Statutes of 2017. [AB331 Detail]

Download: California-2017-AB331-Amended.html

Amended IN Assembly March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 331

Introduced by Assembly Member Eggman

February 07, 2017

An act to amend Section 27337 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

AB 331, as amended, Eggman. County recorders: veterans: recorded documents.

Existing law ~~requires,~~ directs the county recorder, if any military veteran or a family member or legal representative of the veteran authorized by law to receive a certified copy of specified documents requests the recordation of any military discharge document, including a veteran’s service form DD214, ~~that the county recorder require the veteran~~ to sign a form that acknowledges that the document becomes part of the official record of the county.

This bill would remove the directive to require the veteran or authorized person sign a form acknowledging that the document becomes part of the official record of the county. This bill would instead require a county recorder, upon presentation of an updated veteran’s service form DD214 by any military veteran or any person authorized to receive a certified copy of certain records related to service in the armed forces to remove the previously recorded veteran’s service form DD214 from the record and record the updated veteran’s service form DD214 in its place. The bill would additionally require a county recorder to withdraw a recorded veteran’s service form DD214 at the request of the military veteran or the person authorized to receive a certified copy of certain records related to service in the armed forces. By increasing the duties of local officials, 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 no reimbursement is required by this act for a specified reason.
This bill would express the intent of the Legislature to enact legislation that would revise the process for the recordation of a veteran’s service form DD214 to allow for a process to amend, seal, redact, or replace a recorded veteran’s service form DD214.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

The people of the State of California do enact as follows:

SECTION 1.

Section 27337 of the Government Code is amended to read:

27337.

(a) If any military veteran or any person authorized to receive a certified copy of a record pursuant to paragraph (2) of subdivision (b) of Section 6107 requests the recordation in any county in this state of any military discharge document, including a veteran’s service form DD214, the county recorder shall ~~require the person requesting the recordation to sign a form stating the following:~~ record the document as a vital record.

“I, the undersigned, hereby acknowledge that I am informed that by recording the attached military discharge document, all information referenced within it becomes part of the official record of this county, and that this information is open to inspection by any person.”
Print Name
Signature
Date

(b) No copy of a recorded military discharge document may be issued except as provided by Section 6107.

(c) Upon presentation by any military veteran or any person authorized to receive a certified copy of a record pursuant to paragraph (2) of subdivision (b) of Section 6107 of an updated veteran’s service form DD214, the county recorder shall remove the previously recorded veteran’s service form DD214 from the record and record the updated veteran’s service form DD214 in its place.
(d) A recorded veteran’s service form DD214 shall be withdrawn at the request of the military veteran or the person authorized to receive a certified copy of a record pursuant to paragraph (2) of subdivision (b) of Section 6107 who originally recorded the veteran’s service form DD214.

SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SECTION 1.
It is the intent of the Legislature to enact legislation that would revise the process for the recordation of a veteran’s service form DD214 to allow for a process to amend, seal, redact, or replace a recorded veteran’s service form DD214.