BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 1295
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  Dutton
                                                         VERSION: 3/23/10
          Analysis by: Carrie Cornwell                   FISCAL:  yes
          Hearing date: April 13, 2010







          SUBJECT:

          Purple Heart and Legion of Valor: license plates

          DESCRIPTION:

          This bill allows the family of a deceased Purple Heart recipient  
          or recipient of one of the nation's highest military decorations  
          to keep one of the special interest license plates issued to  
          that recipient as a remembrance.

          ANALYSIS:

          Existing law provides for various special plates in recognition  
          of a person's status as a veteran or decorated member of the  
          U.S. military, including license plates for veterans, prisoners  
          of war, Congressional Medal of Honor recipients, Pearl Harbor  
          survivors, Purple Heart recipients, and those receiving the  
          highest decorations for military valor, known as Legion of Honor  
          plates. These plates are available to those who achieved the  
          required military status, and upon the death of such an  
          individual, a surviving spouse may continue to use these plates.  


          For plates issued to a Congressional Medal of Honor recipient or  
          a prisoner of war, the family may retain one of the plates as an  
          heirloom if there is no surviving spouse or at the time the  
          surviving spouse dies. 

          Purple Heart License Plate

          Existing law allows a recipient of the Purple Heart to apply to  
          the Department of Motor Vehicles (DMV) for a set of Purple Heart  
          license plates for a vehicle that the recipient owns or co-owns,  




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          provided that the vehicle is not available for hire. To qualify  
          for a Purple Heart plate, a person must by conclusive evidence  
          show DMV that he or she received a Purple Heart and pay all of  
          the same fees as required when registering a vehicle with  
          standard license plates. Purple Heart plates display the words  
          "Combat Wounded", run in a separate numerical series and include  
          the letters "PH" as part of the series, and have inscribed on  
          the plate the Purple Heart insignia.

          Upon the death of the Purple Heart recipient, a surviving spouse  
          may retain the Purple Heart plates. Upon the death of the spouse  
          or if there is no surviving spouse, the plates must be returned  
          to DMV either within 60 days or upon the expiration of the  
          vehicle registration, whichever occurs first.

          Legion of Honor License Plate

          Existing law also allows a recipient of the nation's highest  
          decorations for military valor to apply to DMV for a Legion of  
          Valor license plate. To qualify for these plates, an applicant  
          must be a recipient of one of the nation's highest decorations  
          of valor, which state law defines as:

               Army Medal of Honor
               Navy Medal of Honor
               Air Force Medal of Honor
               Army Distinguished Cross
               Navy Cross
               Air Force Cross

          Legion of Valor plates include the words "Legion of Valor", run  
          in a regular numerical series, and come with an adhesive sticker  
          denoting which of the nation's highest military decorations the  
          person received. This sticker is affixed in a recess provided on  
          these plates. These plates require payment of the same fees as  
          required when registering a vehicle with standard license  
          plates.

          Upon the death of the medal recipient, a surviving spouse may  
          retain the Legion of Honor plates. Upon the death of the spouse  
          or if there is no surviving spouse, the plates must be returned  
          to DMV either within 60 days or upon the expiration of the  
          vehicle registration, whichever occurs first.

           This bill  :





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          1.Authorizes a surviving member of the deceased Purple Heart or  
            Legion of Valor medal recipient's family to keep one of the  
            special license plates as an heirloom, if there is no  
            surviving spouse or upon death of the surviving spouse. The  
            family member must submit an affidavit to DMV agreeing not to  
            use the license plates for vehicle registration purposes.

          2.Defines "family" as grandparents, stepgrandparents, parents,  
            stepparents, siblings, stepsiblings, children, and  
            stepchildren. 

          3.Provides that a license plate kept under the bill's provisions  
            is not valid to use to register a vehicle.
          
          COMMENTS:

           1.Purpose . The author introduced this bill to extend a privilege  
            allowed to Congressional Medal of Honor veterans and Prisoner  
            of War veterans to Legion of Valor and Purple Heart veterans.   
            Rather than requiring the state to dispose of these special  
            commemorative license plates, a veteran's family members would  
            be allowed keep one of them as a family heirloom to honor the  
            veteran's distinguished service.

           2.Affidavit requirement  . In order to retain a plate as an  
            heirloom under this bill, the family must submit an affidavit  
            to DMV agreeing not to use the license plate for vehicle  
            registration purposes. It is unclear why the affidavit is  
            needed. The bill is clear that the plate could no longer be  
            used to register a vehicle, which DMV would enforce with or  
            without the affidavit. The affidavit appears unneeded and  
            simply adds an additional administrative step for both the  
            family and DMV. The author or the committee may wish to  
            consider deleting the affidavit requirement.

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday, 
                     April 7, 2010)

               SUPPORT:  American Legion, Department of California
                         California State Sheriffs' Association
          
               OPPOSED:  None received.