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,  








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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.








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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