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 Page 2 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 Page 3 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