BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 88
                                                                  Page  1


          Date of Hearing:  June 14, 2010

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                    SB 88 (DeSaulnier) - As Amended:  June 7, 2010

           SENATE VOTE  :  47-28 (vote not relevant)
           
          SUBJECT  :  Firefighter license plates

           SUMMARY  :  Increases fees for the acquisition of California  
          Firefighter license plates and establishes new procedures for  
          their retention upon the death of the firefighter who held them.  
           Specifically,  this bill  :  

          1)Makes legislative declarations and findings regarding the  
            California Firefighters Memorial Fund, the California Fire  
            Foundation and the license plates that honor California  
            firefighters.  

          2)Increases to $50 and $35 respectively, the additional fees  
            required for the original issuance and the renewal of a  
            California Firefighter license plate.  

          3)Requires the plates to be transferred to the surviving spouse  
            upon the death of the person to whom they were issued.  

          4)Allows, in the absence of a surviving spouse of a deceased  
            firefighter who held such a plate, or where the surviving  
            spouse dies while in possession such a plate, a member of the  
            deceased firefighter's family to retain one of the plates as a  
            family heirloom, upon submitting an affidavit to the  
            Department of Motor Vehicles (DMV) agreeing not to attempt to  
            use the special license plate for vehicle registration  
            purposes.  

          5)Specifies that these plates are not valid for use for vehicle  
            registration purposes by a person other than the person issued  
            the special license plates and the surviving spouse of that  
            person.  

          6)Defines "family," for the purposes of these provisions, to  
            mean grandparents, stepgrandparents, parents, stepparents,  
            siblings, stepsiblings, stepchildren, natural-born children,  








                                                                  SB 88
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            or adopted children of the person originally issued the  
            California Firefighter plates.  

           EXISTING LAW  :  

          1)Allows firefighters and retired firefighters to apply for  
            license plates containing the words "California Firefighter"  
            upon their showing of satisfactory proof that they are  
            employed, or retired in good standing, as an officer, an  
            employee, or a member of a public fire department or fire  
            service.  

          2)Requires such applicants to pay, in addition to the regular  
            fees, a fee of $35 for an original registration, and $20 for a  
            registration renewal.  


          3)Requires, upon the death of a person issued California  
            Firefighter plates, the plates to be transferred to the  
            surviving spouse, upon that survivor's request within 60 days  
            of the death of the plate holder or upon expiration of the  
            registration, whichever occurs first.  


           FISCAL EFFECT  :  Unknown

           COMMENTS  :  The California Firefighter license plate is intended  
          to generate funds for the California Firefighter's Memorial  
          Fund, which provides critically needed assistance to the  
          California Fire Foundation, a nonprofit 501(c)(3) tax-exempt  
          organization. The Foundation provides emergency assistance and  
          support to families of fallen firefighters and is involved in an  
          array of victim assistance and public education programs.  

          The author of this bill points out that, "It has been over a  
          decade since the firefighter license plate program was first  
          launched. Since then, fees associated with the purchase or  
          renewal of the plates have not increased, while the demand in  
          services rendered by the California Fire Foundation has  
          increased dramatically."  This bill therefore raises the fees  
          for initial issuance and renewal of these plates from $35 and  
          $20 respectively to $50 and $35 respectively.  

          Citing the length of a surviving spouse's grieving process, the  
          author further contends that the current 60-day period during  








                                                                  SB 88
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          which firefighter plates may be transferred from a deceased  
          plate holder to his or her spouse is inadequate.  This bill  
          therefore eliminates that window so that a grieving spouse is  
          granted a reasonable amount of time to initiate the plate's  
          transfer. In the absence of a surviving spouse, or where the  
          surviving spouse dies while in possession of the special license  
          plates, the bill authorizes a member of the deceased  
          firefighter's family to retain one of the special license plates  
          as a family memento.  

           Related legislation  :  SB 1295 (Dutton) would grant similar  
          transfer privileges to the family members of deceased Army Medal  
          of Honor, Navy Medal of Honor, Air Force Medal of Honor, Army  
          Distinguished Service Cross, Navy Cross, Air Force Cross, or  
          Purple Heart license plate holders.  SB 1295 is scheduled to be  
          heard in this committee today.  

           Proposed author's amendment  :  At the suggestion of DMV, the  
          author proposes to delete the requirement (on page 4, line 40  
          and page 5, lines 1 and 2) that a deceased firefighter's family  
          family member wishing to retain a plate as a family heirloom  
          submit an affidavit agreeing not to use the plate for  
          registration purposes.  DMV contends such submission is  
          unnecessary and would create a workload for them.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Professional Firefighters (sponsor)
          Letters from 4 individuals
           Opposition 
           
          None on file

           Analysis Prepared by  :   Howard Posner / TRANS. / (916) 319-2093