BILL ANALYSIS                                                                                                                                                                                                    Ó



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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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