BILL ANALYSIS Ó
AB 240
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Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
AB 240
(Wilk) - As Amended March 16, 2015
SUBJECT: Department of Parks and Recreation: free day use
entry
SUMMARY: Requires the Department of Parks and Recreation to
permit free day-use entry to vehicles bearing specialty license
plates, as specified. Specifically, this bill:
1)Requires the department to allow free day use entry to all
units of the state park system to any vehicle that:
a) Has been issued license plates by the Department of
Motor Vehicles pursuant to Section 5101.3, 5101.4, 5101.5,
5101.6, 5101.8, or subdivision (d) of Section 5156 of the
Vehicle Code, and
b) Has currently valid vehicle registration.
EXISTING LAW:
Motor Vehicle Code sections 5103, 5101.4, 5101.5, 5101.6,
AB 240
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5101.8, and subdivision (d) of Section 5156 provide for the
issuance of certain specialty license plates for recipients of
high military honors and for Gold Star families.
Public Resources Code section 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:
(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.
AB 240
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COMMENTS: The policy foundation of this bill is to recognize
the extreme sacrifices of certain veterans and their families; a
policy this state has consistently supported.
Under the existing Distinguished Veteran 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.
This bill would extend a day use privilege to vehicles with 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.
Granting this privilege to people who have made such extreme
sacrifices and/or who have earned the United States' highest
military honors 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 grant them some privilege and
indeed there is overlap with the categories of those people who
are eligible for the Pass.
Policy Questions for Members:
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Shouldn't the registered owner have to be present for free park
access? This bill grants a privilege to those vehicles bearing
a currently registered specialized plate. However, unlike the
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, shouldn't the registered owner have to be present for
free entry to the parks? Stolen valor is, understandably, an
extremely sensitive issue with military and veterans and in some
cases is even a crime.
Should we not grant the privilege without requiring private
information to be disclosed on a license plate?
While some veterans or Gold Star families may feel completely
comfortable sharing their awards and sacrifices, some may prefer
to keep those things private.
In addition, many of the license plates in the bill are issued
to recipients of the highest military honors and these people
may have security reasons not to disclose their awards on their
vehicles. Sadly, as recently as March 21, 2015, the New York
Daily News and Marine Corps Times (Times) reported that Islamic
State:
?hackers posted the personal details of 100 U.S. service
members they claim took part in the bombing of ISIS targets in
Iraq, Syria, Yemen, Somalia and Afghanistan - and called on
homegrown radicals to strike back?.[the post] lists the name,
unit and address of 100 U.S. Air Force, Navy and Marines
?along with headshots of each.
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In response the Marine Corps, according to the Times, issued a
Marine Administrative Message directing troops to review their
online presences including being mindful not to reveal too much
about themselves, the message said. Examples of personal
identifiable information that should not be released include a
Marine's personal home address, birthday and birth place,
according to the message. For the foregoing reasons some
decorated members in particular may not wish to put a license
plate on their vehicle which would disclose their military
honor.
Don't these people merit the Pass and privilege regardless of
their license plate? Once it is determined that a person is a
member of group whose service/sacrifice we want to honor, why
take away their access privileges once their registration
expires?
REGISTERED SUPPORT / OPPOSITION:
Support
American Legion- Department of California
AMVETS, Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
County of Ventura
Military Officers Association- California Council of Chapters
Platinum Advisors
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Veterans of Foreign Wars- Department of California
Vietnam Veterans of America- California State Council
Opposition
None on file.
Analysis Prepared by:John Spangler / V.A. / (916) 319-3550