BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 240


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          Date of Hearing:  March 10, 2015


                       ASSEMBLY COMMITTEE ON VETERANS AFFAIRS


                                    Irwin, Chair


          AB  
                      240 (Wilk) - As Introduced  February 5, 2015


          SUBJECT:  Department of Parks and Recreation:  park passes


          SUMMARY:  Expands the scope of the existing Distinguished  
          Veteran park pass (Pass) benefit.  Specifically,  this bill  :  


          1)Extends the Pass benefit by amending Public Resources Code  
            section 5011.5 to require the Department of Parks and  
            Recreation (department) to issue the Pass to a person who has  
            been issued license plates by the Department of Motor Vehicles  
            pursuant to the following Vehicle Code sections:
             a)   5101.3, pertaining to survivors of the attack on Pearl  
               Harbor on December 7, 1941;
             b)   5101.4, pertaining to recipients of the Army Medal of  
               Honor, Navy Medal of Honor, Air Force Medal of Honor, Army  
               Distinguished Service Cross, Navy Cross, or Air Force  
               Cross;


             c)   5101.5, pertaining to former American prisoners of war;


             d)   5101.6, pertaining to Congressional Medal of Honor  
               recipients;


             e)   5101.8, pertaining to Purple Heart recipients; and 









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             f)   Subdivision (d) of section 5156 pertaining to Gold Star  
               Families. This section states in pertinent part concerning  
               eligibility for the Gold Star Plate:


               i)     ?[A plate shall be issued to a] person who bears,  
                 and shows proof satisfactory to the Department of  
                 Veterans Affairs of, one of the following relationships  
                 to the member of the Armed Forces killed in the line of  
                 duty while serving on active duty:
                       (i)            Widow.
                       (ii)           Widower.


                       (iii)          Biological parent.


                       (iv)           Adoptive parent.


                       (v)            Stepparent.


                       (vi)           Foster parent in loco parentis.


                       (vii)          Biological child.


                       (viii)         Adoptive child.


                       (ix)           Stepchild.


                       (x)            Sibling.


                       (xi)           Half-sibling.










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                       (xii)          Grandparent.


                       (xiii)         Grandchild.


                  (1)       Upon the death of a person issued a Gold Star  
                    Family specialized license plate, the license plate  
                    shall be transferred to the surviving spouse, ?



          2)Requires that the department issue the Pass on the following  
            conditions:
             a)   Upon presentation to the department of evidence of  
               currently valid vehicle registration associated with any  
               one of those license plate programs; and
             b)   Upon application therefor.


          3)States that Passes so issued shall entitle the bearer to the  
            use of all facilities, including boat launching facilities, in  
            units of the state park system for a period of time coinciding  
            with the validity of the vehicle registration.
          EXISTING LAW:  The department has an existing Pass program.  The  
          code pertaining to it is Public Resources Code section 5011.5,  
          et seq., which states:


          5011.5. (a) A veteran of a war in which the United States has  
            been, or may be engaged, who is a resident of this state, upon  
            presentation to the department of proof of disability, proof  
            of being held captive as a prisoner of war, or proof of being  
            a recipient of a Congressional Medal of Honor, and proof of an  
            honorable discharge from service, upon application therefor,  
            shall be issued a pass entitling the bearer to the use of all  
            facilities, including boat launching facilities, in units of  
            the state park system.


             (b)  As used in this section:









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          (1) "Veteran" means a former member of the Armed Forces of the  
          United States who has a 50 percent or greater service-connected  
          disability, or who was held as a prisoner of war by forces  
          hostile to the United States, as certified by the United States  
          Department of Veterans Affairs, and who was honorably discharged  
          from service.


            (2) "War" means that period of time commencing when Congress  
            declares war or when the Armed Forces of the United States are  
            engaged in active military operations against a foreign power,  
            whether or not war has been formally declared, and ending upon  
            the termination of hostilities as proclaimed by the President  
            of the United States.


          FISCAL EFFECT:  Unknown at this time.


          COMMENTS:  The policy foundation of this bill is to recognize  
          the more extreme sacrifices of certain veterans and their  
          families; a policy this state has consistently supported.  


          Under the existing Pass program the following categories of  
          honorably discharged veterans are eligible to receive the Pass:  
          Veterans with a disability rating of 50% or more and  
          Congressional Medal of Honor recipients.  Although the language  
          is somewhat ambiguous, former prisoners of war are eligible  
          without regard to disability rating.


          To this list of eligible people, the bill would add those who  
          hold a valid registration associated with the following  
          specialized license plates: Prisoner of War, Congressional Medal  
          of Honor, Pearl Harbor Survivor, Army Medal of Honor, Navy Medal  
          of Honor, Air Force Medal of Honor, Air Force Medal of Honor,  
          Army Distinguished Service Cross, Navy Cross, AF Cross, Purple  
          Heart recipients, and Gold Star Families.  According to the  
          author, DMV reports that as of December 31, 2014 there were a  
          combined 8,405 license plates issued of all the above types.  








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          Adding these people is clearly aligned with existing policy.   
          Without going through each category, these are recipients of the  
          United States' highest military honors, servicemembers who have  
          been wounded in combat, and families who have experienced the  
          loss of a family servicemember killed in the line of duty.  It  
          is not at all incongruous to include them, and indeed there is  
          overlap with the existing categories of those people who are  
          eligible for the Pass.  


          


          Policy Questions for Members:


          Don't these people merit the Pass and privilege regardless of  
          their license plate?  The use of the license plates as a way for  
          the department to determine eligibility and quantify the likely  
          number of people who might now get the Pass is a novel solution.  
           It helps resolve the logistical challenges in verifying  
          eligible status and in increases the predictability of the  
          extent to which revenue might be lost to the department.  The  
          Pass, once issued, is a lifetime Pass.


          However, once it is determined that a person is a member of  
          group whose sacrifice we want to honor, why withdraw their  
          eligibility or take away their access privileges once their  
          registration expires?  That person's status as, for example, a  
          Purple Heart recipient or Gold Star Family member does not  
          change if they choose not to have the specialized plate.  


          Should the registered owner have to be present for free park  
          access?  Staff is aware that the author is contemplating  
          amendments to give day use access, but not the Pass, to those  
          vehicles bearing a currently registered specialized plate.  This  
          is an easy way to facilitate entry to state parks, though not  
          much easier than showing a Pass at the gate.  It also relieves  








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          eligible persons from having to contact and apply to the  
          department for a pass/relieves the department from the  
          administrative burden of issuing a Pass.  


          However, unlike the lifetime Pass, the plated vehicle may be  
          used by anyone who is driving the vehicle, without regard to the  
          presence of the person entitled to the benefit.  If the plate is  
          used as a proxy for the Pass, should the registered owner have  
          to be present for free entry to the parks?  


          Why differentiate between various veterans?  These veterans and  
          family members are being added to the Pass program because their  
          sacrifices are deemed among the most extreme.  Might it make  
          sense to recognize the sacrifice of all veterans?


          REGISTERED SUPPORT / OPPOSITION:


          Support




          None on File. 


          Opposition


          None on File. 


          Analysis Prepared  
          by:              John Spangler / V.A. / (916) 319-3550













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