BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 1355
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: runner
VERSION:
3/29/2012
Analysis by: Eric Thronson FISCAL: yes
Hearing date: April 17, 2012
SUBJECT:
Driver's licenses: veteran designation
DESCRIPTION:
This bill requires Department of Motor Vehicles (DMV) to include
the designation "VETERAN" on the face of an individual's
driver's license if requested and proof of service is provided.
ANALYSIS:
Existing state law requires that to drive a motor vehicle on a
highway, street, or off-street parking facility, a person must
hold a valid driver's license. By law, DMV must design and
produce each license displaying a large number of items,
including:
The class of license for which the licensee has
qualified
A distinguishing number assigned to the applicant
An expiration date
The true, full name, age, and mailing address of the
licensee
A brief description and photograph of the licensee for
identification purposes
A space for the licensee's signature
A space for the endorsement of a record of each
suspension or revocation thereof
A space for the word "DONOR" or another appropriate
designation for registered organ donors
Security impressions and procedures to prohibit altering
or reproducing the license.
Both state and federal law contain multiple definitions of who
qualifies as a veteran in order to be eligible to receive
various benefits designated for different individuals who have
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served in the United States Armed Forces or National Guard.
This bill :
Requires DMV to include the designation "VETERAN" on the
face of a driver's license issued to a veteran if he or she
requests it and provides proof of military service and an
honorable discharge.
Defines veteran as a person who has served in the Army,
Navy, Air Force, Coast Guard, or Marine Corps of the United
States, or the California National Guard.
COMMENTS:
1.Purpose . The author introduced this bill to provide veterans
with a more efficient way to prove eligibility for
educational, social, and employment benefits that does not
require the service member to carry discharge papers with him
or her at all times. According to the author, the designation
will make it easier for veterans to verify their military
service to businesses, organizations, and events that provide
benefits, preferences, and discounts to veterans.
Additionally, business owners and others serving veterans will
have a better way to identify a veteran in order to give him
or her a discount or just to say "thank you." Finally,
according to the author, law enforcement personnel and first
responders will find the information useful, especially in
time of crisis, and be able to better serve the veteran if
they know there may be a chance for post-traumatic stress
disorder, traumatic brain disorder, or other afflictions
brought on by combat.
2.What problem does this bill resolve ? The author indicates
having this designation on a veteran's driver's license will
make it easier for the veteran to access services for which he
or she is eligible. In order to receive benefits from
California's Department of Veteran's Affairs (CDVA), however,
a veteran must first present particular documents issued by
the U.S. Department of Defense, and then CDVA staff research
the veteran's history and eligibility status. According to
the CDVA, having DMV place the word "veteran" on an
individual's driver's license does not replace the
confirmation process CDVA must follow with the federal
government in order to administer veterans benefits to anyone.
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In addition, in last year's budget the Legislature included
language that requires DMV to update driver's license
application forms to provide a space for an applicant to
indicate whether he or she served in the armed forces. Data
collected from willing veterans is shared with CDVA in order
to identify Californians eligible for state and federal
benefits. CDVA will contact those veterans who wish to be
contacted, and, using the standard process to verify
eligibility, will make available any and all eligible
benefits.
3.Defining "veteran" in state law is difficult . State and
federal law contains multiple definitions of veteran status to
determine eligibility of various benefits. This bill includes
a broad definition of who qualifies as a veteran. This may
confuse those who administer veteran programs, as an
individual presenting his or her driver's license with the
designation may not necessarily qualify for every benefit,
depending on the eligibility requirements involved.
In addition, this bill only makes veterans who were honorably
discharged eligible for this designation, but veterans who
have received other types of discharges are eligible for many
veterans benefits. State law defines "veteran" as, among
other things, any person who received an honorable discharge
or was released from active duty under honorable conditions.
A general discharge is an example of one for service members
who leave the service under honorable conditions, but whose
conduct and performance of duty was not so meritorious to
receive an honorable discharge. The committee may wish to
consider amending the bill to reference existing state law
defining "veteran" in order to be consistent with current and
future eligibility requirements.
4.Why stop at veterans ? It is clear that those who honorably
serve in our military deserve our respect. If we are going to
begin adding occupations to the state's driver's licenses,
others in our society also deserve honor and respect as well.
Why not include firefighters, peace officers, and emergency
room doctors to the list of people worthy of holding licenses
with special designation?
5.Implementation concerns . Following are a list of
implementation questions this bill does not currently address:
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Driver's license redesign. It is unclear how the
addition of the word "veteran" will fit in with the
current driver's license design and safety features.
Should DMV find it to be incompatible with the existing
design, adding "veteran" to the face of driver's licenses
could involve significant cost and effort.
Space available on the driver's license application
form? In recent years legislation has added a variety of
options to the driver's license application form, making
the form very long and complicated. Some have raised
concerns about whether increasing the amount of
information on the form will make it too burdensome for
the average Californian, not to mention cost DMV for the
redesign and reprint of paper applications.
DMV wait times. The average wait time for
non-appointments in 2007/08 was less than 20 minutes. It
has increased to over 30 minutes over the past year.
Adding additional work to DMV staff for some transactions
could increase these wait times even further.
What about identification cards? This bill, as
currently written, only applies to driver's licenses and
not identification cards.
When does this need to be implemented? It is
unclear when this bill requires DMV to implement its
provisions should the bill become law.
Should the committee wish to pass this bill, it may wish to
direct the author to address some or all of these issues.
1.RELATED LEGISLATION. Assembly member Bonnie Lowenthal
introduced AB 1725 on
February 16, 2012, with essentially the same aim as this bill.
AB 1725 requires DMV to place a designation on a veteran's
driver's license or identification card if the veteran
presents a specific document issued according to federal law.
AB 1725 also gives DMV the ability to charge a fee to anyone
requesting the designation. Currently in Assembly
Appropriations Committee.
POSITIONS: (Communicated to the committee before noon on
Wednesday,
April 11, 2012)
SUPPORT: None received.
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OPPOSED: None received.