Bill Text: CA AB778 | 2015-2016 | Regular Session | Chaptered
Bill Title: Fees: military service records.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-07-14 - Chaptered by Secretary of State - Chapter 84, Statutes of 2015. [AB778 Detail]
Download: California-2015-AB778-Chaptered.html
BILL NUMBER: AB 778 CHAPTERED
BILL TEXT
CHAPTER 84
FILED WITH SECRETARY OF STATE JULY 14, 2015
APPROVED BY GOVERNOR JULY 14, 2015
PASSED THE SENATE JUNE 25, 2015
PASSED THE ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 13, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Maienschein
(Coauthors: Assembly Members Baker and McCarty)
(Coauthors: Senators Bates, Block, Huff, Leno, and Vidak)
FEBRUARY 25, 2015
An act to amend Section 6107 of the Government Code, relating to
fees.
LEGISLATIVE COUNSEL'S DIGEST
AB 778, Maienschein. Fees: military service records.
Existing law prohibits a public entity from demanding a fee or
compensation for, among other things, a certified copy of specified
military records, and of public records to be used in a claim related
to veterans' benefits, as specified, provided to the person who is
the subject of the record, a family member or legal representative of
that person, a county office that provides veterans' benefits
services, or a federal official upon written request.
This bill would permit a county recorder to furnish a certified
copy of these specified military records in response to a written,
faxed, or digitized image of a request accompanied by a legible
notarized statement that the requester is the person who is the
subject of the record, a family member or legal representative of
that person, a county office that provides veterans' benefits
services, or a federal official, as specified. The bill would also
permit an official to furnish a certified copy of these records to a
requester in person upon taking a sworn statement, as provided.
By placing new duties on local officials and by expanding the
scope of the crime of perjury, 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6107 of the Government Code is amended to read:
6107. (a) A public entity, including the state, a county, city,
or other political subdivision, or any officer or employee thereof,
including notaries public, shall not demand or receive any fee or
compensation for doing any of the following:
(1) 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 States.
(2) 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 United States or under any law of
this state relating to veterans' benefits.
(3) Furnishing a certified copy of, or searching for, any public
record that is required by the Veterans Administration to be used in
determining the eligibility of any person to participate in benefits
made available by the Veterans Administration.
(4) Rendering any other service in connection with an application
or claim referred to in paragraph (2) or (3).
(b) A certified copy of any record referred to in subdivision (a)
may be made available only to one of the following:
(1) The person who is the subject of the record upon presentation
of proper photo identification.
(2) 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.
(3) A county office that provides veterans' benefits services upon
written request of that office.
(4) A United States 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.
(c) (1) If the county recorder receives a written, faxed, or
digitized image of a request for 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 referred to in paragraph (1) of
subdivision (a) 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 in subdivision (b), the
county recorder may furnish a certified copy to the requester
pursuant to this section.
(2) A faxed or digitized image of the notarized statement
accompanying a faxed or digitized image of a request received
pursuant to this subdivision for 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 shall be legible. 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, the county recorder
shall not provide the certified copy. If a request for 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 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 pursuant to subdivision (b), and that
official may then furnish a certified copy to the applicant.
(3) For purposes of this subdivision, "digitized image" of a
request means an image of an original paper request for 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.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
