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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