BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: SB 1259 Hearing Date: 4/19/2016 ----------------------------------------------------------------- |Author: |Runner | |----------+------------------------------------------------------| |Version: |2/18/2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sarah Carvill | |: | | ----------------------------------------------------------------- SUBJECT: Vehicles: toll payment: veterans DIGEST: This bill exempts veterans traveling in vehicles with certain veteran-specific license plates from paying tolls in California. ANALYSIS: Existing law makes every vehicle using a toll bridge or toll highway liable for any tolls or other charges that may be prescribed and prohibits a person from evading or attempting to evade the payment of those tolls or charges. Emergency vehicles that are properly marked as such, displaying exempt California license plates, and either engaged in traveling to or returning from urgent or emergency response are exempt from toll payment. If a vehicle is found, by automated devices (including cameras), by visual observation, or otherwise, to have evaded a toll, a toll operator must issue a notice of toll evasion violation to the registered owner of the vehicle within 21 days of the violation. If the toll operator is unable to obtain accurate information concerning the identity and address of the registered owner within 21 days of the violation, it shall have an additional 45 calendar days to issue the notice. This bill: 1)Exempts from toll payment any vehicle occupied by a veteran and displaying one of the six California license plate types SB 1259 (Runner) Page 2 of ? that are only available to qualifying veterans. These veterans include: a) Disabled veterans b) Pearl harbor survivors c) Members of the Legion of Valor, which includes recipients of the Army, Navy, and Air Force Medals of Honor, the Army Distinguished Service Cross, and the Navy and Air Force Crosses d) Former American prisoners of war e) Recipients of the Congressional Medal of Honor f) Recipients of the Purple Heart COMMENTS: 1)Purpose. According to the author, there are few daily opportunities for the public to express gratitude for the sacrifices made by our most distinguished veterans. This bill provides such an opportunity by requiring that a vehicle displaying one of the existing enumerated veteran's plates be exempt from tolls or other charges on toll roads or bridges. The author argues that this bill is an extension of the underlying state law which recognizes extraordinary military service through the issuance of specialized veterans' license plates. 2)What is covered? This bill applies to tolls and other charges on toll roads, high-occupancy toll (HOT) lanes, toll bridges, toll highways, or other toll facilities. 3)Who is covered? This bill does not excuse all veterans from paying tolls. Rather, it exempts vehicles displaying special license plates that can only be obtained by veterans who meet specific, additional criteria and can provide official documentation of their status to the DMV. Special plates are available to veterans who have been prisoners of war, veterans who survived the attack on Pearl Harbor, veterans who have been severely disabled in the course of their service, and veterans who have received particular distinctions (e.g., the Purple Heart, the Congressional Medal of Honor). As these examples suggest, the special plate requirement limits the scope of the bill to a small subset of California veterans. The DMV does not track all of the special license plates that would qualify a veteran for a toll exemption under this legislation, but the total number of existing, covered plates is estimated to be between 9,000 and 10,000 statewide. SB 1259 (Runner) Page 3 of ? 4)Enforcement challenges. The exemption provided in this bill only applies when the qualifying veteran is inside the vehicle bearing the special license plate. This provision would be exceedingly difficult to enforce, since toll operators commonly and increasingly utilize automated systems to collect tolls from drivers. Because these systems often either rely primarily on or are backstopped by a camera that photographs each vehicle's license plate as it passes through a toll booth, it may indeed be possible for toll operators to program their automated systems to identify vehicles displaying qualifying veteran plates. However, there would be no way for toll operators to verify that a qualifying veteran was actually in the vehicle at the time the photo was taken using existing systems. Relaxing the language so that the toll exemption only follows the car (as opposed to the car and the veteran, as is currently required) would solve the enforcement problem, but it would also extend the benefit beyond the target population to anyone who may have use of a vehicle registered to a veteran. It is also important to consider that some special status plates can be retained on a vehicle by a surviving spouse after the qualifying veteran's death, posing further enforcement challenges. The bill provides no direction to toll facility operators regarding administration of this requirement. 5)De minimis impact? Supporters of this legislation argue that due to the small number of covered veterans, the bill's impact on revenues from toll highways and bridges would be de minimis. It is important to bear in mind, however, that distinguished veterans already receive similar small courtesies, such as discounted fishing licenses and free admission to California state parks. There are currently two bills before the Legislature that would further reduce hunting and fishing license fees for veterans. Unlike programs that enhance veterans' access to education, health care, housing, or employment, these small benefits do not substantively improve veterans' opportunities or quality of life. They do, however, deprive public agencies of funds. While any such benefit taken in isolation may seem de minimis, the more that are permitted, the greater the cost to the rest of California's citizens, who must make up the difference. 6)Slippery slope? Exempting veterans from toll payment in California raises the question of whether various other groups SB 1259 (Runner) Page 4 of ? will seek similar treatment. Unlike the exemption for emergency vehicles engaged in emergency response, this exemption is not based on a specific and tangible need. As such, the bill may open the door to additional toll exemptions. Related Legislation: AB 254 (Jeffries, Chapter 425, Statutes of 2009) - exempted emergency vehicles engaged in emergency response from toll payment. AB 1844 (Gallagher, 2016) - would reduce fees on lifetime fishing and hunting licenses for all honorably discharged veterans. This bill is pending in the Assembly Appropriations Committee. SB 951 (McGuire, 2016) - would create a pilot program to provide veterans with free access to transit. This bill is pending in the Senate Environmental Quality Committee. SB 1081 (Morrell, 2016) - would reduce fees on fishing and hunting licenses for all honorably discharged veterans and provide free licenses to certain veterans. This bill is pending in the Senate Appropriations Committee. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, April 13, 2016.) SUPPORT: China Lake Alliance OPPOSITION: None received -- END -- SB 1259 (Runner) Page 5 of ?