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 ?