BILL ANALYSIS Ó AB 240 Page 1 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 Page 2 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 Page 3 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: AB 240 Page 4 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. AB 240 Page 5 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 AB 240 Page 6 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