BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 88
                                                                  Page  1

          SENATE THIRD READING
          SB 88 (DeSaulnier)
          As Amended  June 29, 2010
          Majority vote

           SENATE VOTE  :   Vote not relevant

           TRANSPORTATION      12-0        APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonnie Lowenthal,         |Ayes:|Fuentes, Conway,          |
          |     |Jeffries,                 |     |Bradford,                 |
          |     |Bill Berryhill,           |     |Charles Calderon, Coto,   |
          |     |Blumenfield, Buchanan,    |     |Davis,                    |
          |     |Eng, Furutani, Galgiani,  |     |De Leon, Gatto, Hall,     |
          |     |Hayashi, Miller, Niello,  |     |Harkey, Miller, Nielsen,  |
          |     |Portantino                |     |Norby, Skinner, Solorio,  |
          |     |                          |     |Torlakson, Torrico        |
           ----------------------------------------------------------------- 

           SUMMARY  :  Increases fees related to the California firefighter  
          license plate program; provides for the plates to be used as  
          family heirlooms.  Specifically,  this bill  :  

          1)States legislative findings and declarations regarding the  
            California Firefighters' Memorial Fund and the California  
            firefighter license plate program.  

          2)Increases, by $15, fees related to the firefighter license  
            plate program, as follows:

             a)   From $35 to $50 for the initial issuance of the special  
               license plate; and,

             b)   From $20 to $35 for each registration renewal.  

          3)Allows a surviving spouse, upon the death of the person who  
            had been issued a firefighter license plate, to retain the  
            plate.  

          4)Requires the plate to be returned to the Department of Motor  
            Vehicles (DMV) within 60 days of the death of the surviving  
            spouse or upon its expiration, whichever occurs first, except  
            as noted below.  









                                                                  SB 88
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          5)Allows a member of the deceased firefighter's family, in the  
            absence of a surviving spouse or where the surviving spouse  
            dies while in possession of the special license plates, to  
            retain one of the special license plates as a family heirloom,  
            but provides that such plates are not valid for vehicle  
            registration purposes.  

          6)Defines, for these purposes, "family" to mean grandparents,  
            stepgrandparents, parents, stepparents, siblings,  
            stepsiblings, stepchildren, natural-born children, or adopted  
            children of the person issued the firefighter license plates.   


           EXISTING LAW  : 

          1)Establishes a special vehicle license plate program in honor  
            of active or retired firefighters.  

          2)Prescribes eligibility requirements for applicants of the  
            program to include, for example, that the applicant is, or has  
            retired, in good standing as an officer, employee, or  
            volunteer of a fire department or a fire service in the state  
            or any other political subdivision of the state.  

          3)Imposes additional registration fees of $35 for the initial  
            issuance of the special plate and $20 for each registration  
            renewal.  

          4)Provides that, upon the death of the person issued the special  
            license plate, the special plates may be transferred to the  
            surviving spouse upon request.  Absent a request for transfer  
            within 60 days after the death of the plateholder, the plates  
            must be returned to DMV.  

          5)Directs the net revenue from the fees for the special plates  
            to the California Firefighters' Memorial Fund.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis, there will be additional fee revenue of  
          about $500,000 for the California Firefighter Memorial Fund and  
          no significant costs to DMV.  

           COMMENTS  :  The California Firefighter license plate is intended  
          to generate funds for the California Firefighter's Memorial  
          Fund, which provides critically needed assistance to the  








                                                                  SB 88
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          California Fire Foundation, a nonprofit 501(c) (3) tax-exempt  
          organization. The Foundation provides emergency assistance and  
          support to families of fallen firefighters and is involved in an  
          array of victim assistance and public education programs.  

          The author of this bill points out that, "It has been over a  
          decade since the firefighter license plate program was first  
          launched. Since then, fees associated with the purchase or  
          renewal of the plates have not increased, while the demand in  
          services rendered by the California Fire Foundation has  
          increased dramatically."  This bill therefore raises the fees  
          for initial issuance and renewal of these plates from $35 and  
          $20 respectively to $50 and $35 respectively.  

          Citing the length of a surviving spouse's grieving process, the  
          author further contends that the current 60-day period during  
          which firefighter plates may be transferred from a deceased  
          plate holder to his or her spouse is inadequate.  This bill  
          therefore eliminates that window so that a grieving spouse is  
          granted a reasonable amount of time to initiate the plate's  
          transfer. In the absence of a surviving spouse, or where the  
          surviving spouse dies while in possession of the special license  
          plates, the bill authorizes a member of the deceased  
          firefighter's family to retain one of the special license plates  
          as a family memento.  

          Related legislation:  SB 1295 (Dutton), currently on the Senate  
          floor, would grant similar transfer privileges to the family  
          members of deceased Army Medal of Honor, Navy Medal of Honor,  
          Air Force Medal of Honor, Army Distinguished Service Cross, Navy  
          Cross, Air Force Cross, or Purple Heart license plate holders.  


           Analysis Prepared by  :    Howard Posner / TRANS. / (916) 319-2093  



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