BILL ANALYSIS Ó
SB 1259
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Date of Hearing: June 14, 2016
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
SB
1259 (Runner) - As Amended April 21, 2016
SENATE VOTE: 36-0
SUBJECT: Vehicles: toll payment: veterans
SUMMARY: Exempts vehicles registered to a veteran and
displaying a specialized veterans license plate, as specified,
from payment of a toll or related fines on a toll road,
high-occupancy toll (HOT) lane, toll bridge, toll highway, a
vehicular crossing, or any other toll facility.
EXISTING LAW:
1)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.
2)Exempts from toll payment properly marked emergency vehicles
that are displaying exempt California license plates and
either traveling to or returning from urgent or emergency
response.
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3)Requires that if a vehicle is found by automated devices
(including cameras), visual observation, or otherwise to have
evaded a toll, the 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.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)Unknown, likely minor revenue losses to various local tolling
and regional entities that operate toll facilities. (local
funds)
2)Unknown, likely minor foregone state revenues, to the extent
the Department of Transportation develops and operates state
toll facilities. (State Highway Account)
COMMENTS: According to the author the need for this bill is as
follows:
Veterans who qualify for honorary plates have been wounded,
disabled, held prisoner or have demonstrated extraordinary
valor in combat. This measure simply provides a small measure
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of recognition to California veterans who have served our
country with particular sacrifice and distinction.
Almost 48% of California veterans are age 65 or older. The
general decline in the number of U.S. veterans is particularly
evident among those who have received combat related honors.
Requirement that the veteran be in the vehicle:
Broadly generalizing, there is a strong sentiment in the
veterans community that veterans honors belong only to the
veteran; monetary benefits are also often provided to spouses
and family members of veterans, though this is not a bright line
test. Obviously the existing license plates allow for
non-veteran drivers to use the specially plated car, but the
bill adds an additional benefit at toll locations. Should
anyone with permission from the veteran to drive the car be able
to take advantage of the benefit?
Use of the plate to be the determining factor as opposed to the
requisite status:
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The bill would require that veterans who are otherwise eligible
but who do not have the special plate apply for and obtain the
plate in order to be eligible for the toll benefit. It seems
likely, given the increasingly automated toll road and bridge
systems,that the implementation will include some kind of
transponder. To reduce costs of the proposal and the barriers
to entry for veterans, why does the bill require both the plate
and the transponder? There is an existing procedure for the
disabled veteran placard (somewhat analogous to a transponder)
which might be adoptable and provide a penalty structure as
well.
What is the rationale behind the bill? Is there a problem that
the bill is solving or is the bill in recognition of veterans
service and sacrifice or both? What problem is the bill
solving?
The statutory language provides a bright line test for who is
eligible for the proposed benefit, but it also, somewhat
arbitrarily, divides veterans, deeming some worthy of the
benefit and not others, and it is not clear that there is any
need for this other than to provide a bright line and cost
reduction. Particularly with regard to disabled veterans, the
definition in MVC of disabled veteran for the most part ties the
disability to impaired mobility and related issues; the disabled
veteran plate is analogous to the disabled placard and generally
allows mobility impaired people to park more conveniently to
help accommodate their disability. Does this test, focused
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primarily on mobility make sense in the case of a toll free
benefit to veterans who drive or are driven by someone else
through a toll crossing?
REGISTERED SUPPORT / OPPOSITION:
Support
Antelope Valley Veterans Community Action Coalition
China Lake Alliance
James Randall Wooderson (Individual)
Operation All The Way Home
Opposition
Metropolitan Transportation Commission.
Analysis Prepared by:John Spangler / V.A. / (916)
319-3550
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