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, SB 1295 (DUTTON) Page 2 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 : SB 1295 (DUTTON) Page 3 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.