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
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          |Author:   |Runner                                                |
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          |Version:  |2/18/2016                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Sarah Carvill                                         |
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          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  







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            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.  








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          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  








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            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 --
          








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