BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON VETERANS AFFAIRS
                             Senator Jim Nielsen, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 778         Hearing Date:    6/9/15
           ----------------------------------------------------------------- 
          |Author:    |Maienschein                                          |
          |-----------+-----------------------------------------------------|
          |Version:   |4/13/15    Amended                                   |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |Yes              |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|Wade Cooper Teasdale                                 |
          |           |                                                     |
           ----------------------------------------------------------------- 
          
                      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  







          AB 778 (Maienschein)                                    Page 2  
          of ?
          
          
            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. 








          AB 778 (Maienschein)                                    Page 3  
          of ?
          
          

          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:








          AB 778 (Maienschein)                                    Page 4  
          of ?
          
          

                 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  








          AB 778 (Maienschein)                                    Page 5  
          of ?
          
          
          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 --
          








          AB 778 (Maienschein)                                    Page 6  
          of ?