BILL ANALYSIS Ó
AB 240
Page 1
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Levine, Chair
AB
240 (Wilk) - As Amended March 16, 2015
SUBJECT: Department of Parks and Recreation: Free Day Use
Entry for Veterans
SUMMARY: Requires the Department of Parks & Recreation (DPR) to
allow free day use entry to all units of the state park system
to a registered vehicle that has been issued specialized license
plates by the Department of Motor Vehicles (DMV) for veterans
who are high military honor recipients and Gold Star families.
Specifically, this bill:
1)Requires that a vehicle that has been issued certain
specialized license plates by the DMV, including specialized
license plates for Pearl Harbor Survivors, Legion of Valor
(medal of honor and distinguished service cross) recipients,
Prisoners of War, Congressional Medal of Honor recipients,
Purple Heart recipients, and Gold Star Families (surviving
family members of an armed forces service member killed in the
active line of duty), and that has a currently valid vehicle
registration, to be allowed free day use entry to all units of
the state park system.
EXISTING LAW:
1)Requires DPR to issue a parks pass for free use of all park
facilities in the state park system to an honorably discharged
veteran of war in which the United States has been, or may be,
engaged, who is a resident of this state, and presents proof
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to the DPR of a disability, proof of being held captive as a
prisoner of war, or proof of being a recipient of a
Congressional Medal of Honor. Provides that the pass shall
entitle the bearer to the use of all facilities, including
boat launching facilities, in units of the state park system.
2)Authorizes veterans who are recipients of certain outstanding
service awards and medals of honor to apply to the DMV for a
specialized vehicle license plate. Requires that the
applicant provide proof of eligibility, as specified. The
special vehicle license plates available include plates for:
Pearl Harbor survivors, Legion of Valor (medal of honor and
distinguished service crosses) recipients, former Prisoners of
War, Congressional Medal of Honor recipients, Purple Heart
recipients, and Gold Star Families (surviving family members
of an armed forces service member killed in the line of active
duty). Provides that if the recipient of the award dies, the
surviving spouse may retain the special license plate.
Requires, if there is no surviving spouse that the special
license plates be returned to the DMV, except that in the
absence of a surviving spouse, another surviving member of the
deceased medal recipient's family may retain one of the
special license plates as a family heirloom, subject to
specified conditions.
3)Authorizes DPR to grant veterans, and current active duty or
reserve military personnel for the United States Armed Forces
or the National Guard of any state free entrance to state
parks on Memorial Day and Veterans Day.
FISCAL EFFECT: Unknown
COMMENTS: This bill would allow veterans who are recipients of
some of the nation's highest military honors and who have a
specialized vehicle license plate from the DMV acknowledging
that award or honor to receive free day use access to state
parks.
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1) Author's Statement: The author indicates that he has
introduced this bill as a way to both honor our military heroes
and encourage state park tourism, while providing an economic
benefit to the parks and surrounding communities.
2)Background: Under current law, veterans may apply for and
receive a Distinguished Veteran Parks Pass if they provide proof
of a disability rating of 50% or more, proof of being held
captive as a prisoner of war, or proof of being a recipient of a
Congressional Medal of Honor. This bill would additionally
allow distinguished veterans who have been awarded special
medals of honor for outstanding service, and have applied for
and received a specialized license plate from the DMV, to enjoy
free day use access to state parks. The additional award
categories to which this bill applies include Purple Heart
recipients, Pearl Harbor Survivors, former Prisoners of War,
recipients of Army, Navy and Air Force medals of honor,
recipients of the Army Distinguished Service Cross, Navy Cross,
and Air Force Cross, and Gold Star Families. Gold Star Families
are surviving family members of armed service members killed in
the line of active duty.
Unlike the process followed for issuance of the Distinguished
Veterans Parks Pass, which requires the recipient to apply for
and be issued a Parks Pass by DPR, this bill would allow DPR to
simply grant vehicles that have the specialized military license
plates issued to awardees of these honors free day use entry to
state parks. The author indicates that the reason the bill was
drafted this way was "to allow our country's war heroes to enjoy
our state parks without costing the California Department of
Parks and Recreation additional resources." Presumably, the
process of modifying the parks pass eligibility requirements and
issuing new park passes would incur more administrative expenses
then a simple visual inspection to see that a vehicle has one of
the special license plates, in which case the vehicle would be
granted free entry for day use.
According to the author, the DMV reports that as of December 31,
2014, there were a total of 8,405 specialized license plates
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issued for these honorary awards. This is the number of
vehicles currently which would be eligible for the free day use
entry to state parks proposed in this bill. Supporters of this
bill note that while this bill would allow a relatively small
number of distinguished veterans and their families to enjoy
free day use access to state parks, any reduced day use park fee
revenue would be more than offset by increased economic activity
that would be generated by the increased state park visitation
encouraged by this bill. The author cites a survey by the
California State University, Sacramento that found that state
park visitors spend an average of $4.32 billion per year in
park-related expenditures. The survey showed that an average
park visit generates $57.63, including $24.63 spent inside state
parks and nearby communities, and $33 in communities more than
25 miles from the park being visited.
3)Assembly Veterans Committee double-referral: This bill was
heard by the Assembly Veterans Committee on April 14, 2015 where
it passed on a vote of 9 to 0. The Veterans Committee analysis
acknowledges that the policy foundation of this bill - to
recognize the extreme sacrifices of certain veterans and their
families - is a policy this state has consistently supported.
The analysis further acknowledges that granting privileges such
as proposed in this bill to people who have made extreme
sacrifices and/or who have earned the United States' highest
military honors is clearly aligned with existing policy, and
that 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 existing Distinguished Veterans Parks
Pass. The Veterans Committee analysis also raised two policy
questions with regard to the process proposed in this bill which
are: 1) should the registered owner of the vehicle be required
to be present for the vehicle to be granted the free park access
privilege?; and 2) should all persons who have earned such
awards be eligible for the free park access privilege whether or
not they have applied for a specialized license plate, or have a
currently valid registration?
While acknowledging these issues, the Veterans Committee passed
this bill on a 9-0 vote. This bill may be a good example of
where the perfect should not be allowed to be the enemy of the
good. While ideally, having all of these awardees eligible to
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apply for the Distinguished Parks Pass whether or not they have
a specialized license plate might be the most inclusive way to
administer the law, that approach could also increase the
administrative costs to DPR to implement the law, and result in
a greater loss of park revenue. DPR has been encouraged by the
Legislature to increase park revenue generation in order to make
parks more sustainable. The author in this bill seeks to honor
the country's heroes while also providing a streamlined means of
implementation which would be less costly for DPR to administer.
It should also be noted that, in general, the fees charged by
DPR for state park day use are parking fees that are charged on
a per vehicle basis, as opposed to per person use fees.
4)Prior and related Legislation: AB 150 (Olsen), Chapter 688,
Statutes of 2013, authorized DPR to offer a veteran, or current
active duty or reserve military personnel for the United States
Armed Forces or the National Guard of any state, a reduced fee
or free day use of the California state parks, on Memorial Day
and Veterans Day if certain conditions are met, including that
proper proof is supplied.
AB 315 (Assembly Committee on Veterans Affairs) proposed to add
Purple Heart recipients to those persons eligible for the
Distinguished Veterans Parks Pass. AB 315 died in the Senate
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American Gold Star Mothers, Golden Gate Chapter
Ventura County Board of Supervisors
Opposition
AB 240
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None on file.
Analysis Prepared
by: Diane Colborn/W.,P. & W./(916) 319-2096