BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 1295
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Dutton
VERSION: 3/23/10
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: April 13, 2010
SUBJECT:
Purple Heart and Legion of Valor: license plates
DESCRIPTION:
This bill allows the family of a deceased Purple Heart recipient
or recipient of one of the nation's highest military decorations
to keep one of the special interest license plates issued to
that recipient as a remembrance.
ANALYSIS:
Existing law provides for various special plates in recognition
of a person's status as a veteran or decorated member of the
U.S. military, including license plates for veterans, prisoners
of war, Congressional Medal of Honor recipients, Pearl Harbor
survivors, Purple Heart recipients, and those receiving the
highest decorations for military valor, known as Legion of Honor
plates. These plates are available to those who achieved the
required military status, and upon the death of such an
individual, a surviving spouse may continue to use these plates.
For plates issued to a Congressional Medal of Honor recipient or
a prisoner of war, the family may retain one of the plates as an
heirloom if there is no surviving spouse or at the time the
surviving spouse dies.
Purple Heart License Plate
Existing law allows a recipient of the Purple Heart to apply to
the Department of Motor Vehicles (DMV) for a set of Purple Heart
license plates for a vehicle that the recipient owns or co-owns,
SB 1295 (DUTTON) Page 2
provided that the vehicle is not available for hire. To qualify
for a Purple Heart plate, a person must by conclusive evidence
show DMV that he or she received a Purple Heart and pay all of
the same fees as required when registering a vehicle with
standard license plates. Purple Heart plates display the words
"Combat Wounded", run in a separate numerical series and include
the letters "PH" as part of the series, and have inscribed on
the plate the Purple Heart insignia.
Upon the death of the Purple Heart recipient, a surviving spouse
may retain the Purple Heart plates. Upon the death of the spouse
or if there is no surviving spouse, the plates must be returned
to DMV either within 60 days or upon the expiration of the
vehicle registration, whichever occurs first.
Legion of Honor License Plate
Existing law also allows a recipient of the nation's highest
decorations for military valor to apply to DMV for a Legion of
Valor license plate. To qualify for these plates, an applicant
must be a recipient of one of the nation's highest decorations
of valor, which state law defines as:
Army Medal of Honor
Navy Medal of Honor
Air Force Medal of Honor
Army Distinguished Cross
Navy Cross
Air Force Cross
Legion of Valor plates include the words "Legion of Valor", run
in a regular numerical series, and come with an adhesive sticker
denoting which of the nation's highest military decorations the
person received. This sticker is affixed in a recess provided on
these plates. These plates require payment of the same fees as
required when registering a vehicle with standard license
plates.
Upon the death of the medal recipient, a surviving spouse may
retain the Legion of Honor plates. Upon the death of the spouse
or if there is no surviving spouse, the plates must be returned
to DMV either within 60 days or upon the expiration of the
vehicle registration, whichever occurs first.
This bill :
SB 1295 (DUTTON) Page 3
1.Authorizes a surviving member of the deceased Purple Heart or
Legion of Valor medal recipient's family to keep one of the
special license plates as an heirloom, if there is no
surviving spouse or upon death of the surviving spouse. The
family member must submit an affidavit to DMV agreeing not to
use the license plates for vehicle registration purposes.
2.Defines "family" as grandparents, stepgrandparents, parents,
stepparents, siblings, stepsiblings, children, and
stepchildren.
3.Provides that a license plate kept under the bill's provisions
is not valid to use to register a vehicle.
COMMENTS:
1.Purpose . The author introduced this bill to extend a privilege
allowed to Congressional Medal of Honor veterans and Prisoner
of War veterans to Legion of Valor and Purple Heart veterans.
Rather than requiring the state to dispose of these special
commemorative license plates, a veteran's family members would
be allowed keep one of them as a family heirloom to honor the
veteran's distinguished service.
2.Affidavit requirement . In order to retain a plate as an
heirloom under this bill, the family must submit an affidavit
to DMV agreeing not to use the license plate for vehicle
registration purposes. It is unclear why the affidavit is
needed. The bill is clear that the plate could no longer be
used to register a vehicle, which DMV would enforce with or
without the affidavit. The affidavit appears unneeded and
simply adds an additional administrative step for both the
family and DMV. The author or the committee may wish to
consider deleting the affidavit requirement.
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
April 7, 2010)
SUPPORT: American Legion, Department of California
California State Sheriffs' Association
OPPOSED: None received.