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.