BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1295|
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                                 THIRD READING


          Bill No:  SB 1295
          Author:   Dutton (R), et al
          Amended:  4/19/10
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  8-0, 4/13/10
          AYES:  Lowenthal, Huff, Ashburn, DeSaulnier, Kehoe,  
            Oropeza, Pavley, Simitian
          NO VOTE RECORDED:  Harman

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Purple Heart and Legion of Valor:  license  
          plates

          SOURCE  :     Author


           DIGEST  :    This bill allows the family of a deceased Purple  
          Heart recipient or recipient of one of the nations 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 United States 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  
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          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, 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







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           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:

          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. 

          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
           
           Purpose of the bill  .  The author introduced this bill to  
          extend to Legion of Valor and Purple Heart veterans a  
          privilege allowed to Congressional Medal of Honor veterans  
          and Prisoner of War 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.








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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/4/10)

          American Legion, Department of California
          California Chapter of the Legion of Valor
          California State Sheriffs' Association
          The Department of California Military Order of the Purple  
          Heart
          Veterans of Foreign Wars, Department of California


          JJA:mw  5/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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