BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 866
                                                                  Page  1

          Corrected: 1/15/2008

          Date of Hearing:   January 15, 2007

                       ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
                                  Mary Salas, Chair
                    AB 866 (Davis) - As Amended:  January 14, 2007
           
          SUMMARY  :   Requires the Department of Motor Vehicles (DMV) to  
          give priority to certain members of the California National  
          Guard (CNG) and US Armed Forces Reserves (USAFR).  Specifically,  
           this bill  :  

          1)      Requires DMV to give priority customer service to CNG  
            and USAFR members who have valid military identification  
            cards, have been ordered to active duty, and provide  
            verification of such orders upon DMV's request. 

          2)      Defines priority customer service as:

             a)      First priority in receiving DMV counter assistance,  
               scheduling DMV appointments, or receiving other DMV  
               services, and

             b)      Prioritization of every application or document filed  
               or submitted to DMV.

           EXISTING LAW  :  

          1)      Provides that a California driver's license held by any  
            person in the American armed forces shall continue in full  
            force and effect for the duration of the licensee's service  
            while he or she is absent from California, and for up to 30  
            days after the licensee is honorably separated or returns to  
            California.

          2)Requires DMV to waive all penalties that may be due for late  
            payment of vehicle registration renewal fees for any period  
            during which the registered vehicle's owner is deployed to a  
            location outside of the state. 

           FISCAL EFFECT  :   Unknown  

          AMENDMENTS:    The amendments, as reflected in RN# 08 00254, were  
          debated and accepted by the author during the Assembly Committee  








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          on Transportation's hearing on January 7, 2008.  The amendments  
          were not processed in time for the bill to be in print prior to  
          the Assembly Committee on Veterans Affairs' hearing on January  
          15, 2008.  The comments reflect changes as proposed by the  
          Assembly Committee on Transportation.

           COMMENTS  :   The author asserts that he has introduced this bill  
          in order to recognize the contributions and sacrifices made by  
          all military service members and to ease the burden they  
          experience in tending to their personal affairs when they are  
          called to active duty.  "I believe the fact that men and women  
          in the military have given their life in order that we might  
          enjoy the freedoms that make our country great is reason enough  
          to provide a public service that recognizes this extraordinary  
          duty they pay to our country and our state.   It is a small,  
          no-cost privilege earned from the valiant service to our country  
          and our state.   During a budget shortfall year, it expresses  
          our gratitude as our challenge for democracy continues  
          throughout the world.  They would be served anyway, but this  
          bill will expedite the order in which they are served."

          While some might fear that other groups could be encouraged by  
          this bill to seek similar preferential treatment, the time  
          pressure posed by imminent military deployment would seem to  
          present a rather unique circumstance.  However, this bill is not  
          clear on whether a soldier's deployment is in support of the  
          current conflicts in Afghanistan and/or Iraq.  This is important  
          because, as of June 2007, there were 154,776 Californians on  
          active duty and 57,848 on reserve status or in the National  
          Guard.  There is no way to quantify the level of services a  
          soldier may need.

          This bill does not establish what constitutes acceptable  
          verification of a soldier being ordered to deploy.  Deployment  
          notifications are usually issued through written orders.  Once a  
          soldier receives these orders he or she is typically given time  
          to conduct personal business that can not be conducted during a  
          deployment.  This bill does nothing to ensure that soldiers are  
          given the time they need to care for their personal needs.

          Additionally, this bill does not establish a time line prior to  
          deployment when DMV would have to provide priority services.  In  
          some instances soldier may have written notice of deployment as  
          far out as six months prior to deployment.  The committee may  
          wish to establish if there should be a set time by upon  








                                                                  AB 866
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          receiving written notice that a soldier must inform DMV of his  
          or her need for priority service. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Eric Worthen / V. A. / (916) 319-3550