Bill Text: CA SB1295 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: License plates.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Passed) 2010-08-23 - Chaptered by Secretary of State. Chapter 181, Statutes of 2010. [SB1295 Detail]

Download: California-2009-SB1295-Introduced.html

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BILL NUMBER: SB 1295	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Dutton
   (Coauthors: Senators Cogdill and Denham)

                        FEBRUARY 19, 2010

   An act to amend Sections 5101.4 and 5101.8 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1295, as introduced, Dutton. License plates.
   Existing law authorizes a person who is a recipient of the 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 to apply for special license plates for his or her vehicle. The
person's surviving spouse may retain the special license plates,
subject to certain conditions. Existing law exempts these recipients
from payment of vehicle registration fees and payment of charges
under the Vehicle License Fee Law.
   This bill would authorize a member of the former medal recipient's
family, as defined, to retain one of the special license plates as a
family heirloom, upon submitting an affidavit to the Department of
Motor Vehicles agreeing not to attempt to use the special license
plates for vehicle registration purposes, subject to the condition
that the special license plates are not valid for use for vehicle
registration purposes or for the specified exemption from fees and
charges by a person other than the person issued the special license
plates and the surviving spouse of that person.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5101.4 of the Vehicle Code is amended to read:
   5101.4.  (a) Any person otherwise eligible under this article who
is a recipient of the Army Medal of Honor, Navy Medal of Honor, Air
Force Medal of Honor, Army Distinguished Service Cross, Navy Cross,
or Air Force Cross may apply for special license plates for the
vehicle under this article.
   (b) The applicant, by conclusive evidence, shall show that the
applicant is a recipient of one of the nation's highest decorations
for valor, as specified in subdivision (a).
   (c) The special license plates issued under this section shall
contain the words "Legion of Valor" and shall run in a regular
numerical series. An adhesive sticker denoting which of the nation's
highest decorations for valor, as specified in subdivision (a), is
held by the applicant shall be affixed in a recess provided for it on
the license plates.
   (d) Upon the death of a person issued special license plates
pursuant to this section, his or her surviving spouse may retain the
special license plates subject to the conditions set forth in this
section.  Upon the death of the spouse   If
there is no surviving spouse  , the  retained 
special license plates shall be returned to the department either (1)
within 60 days following that death or (2) upon the expiration of
the vehicle registration, whichever occurs first.  However 
 , in the absence of a surviving spouse, a member of the former
medal recipient's family may retain one of the special license plates
as a family heirloom, subject t   o the conditions set
forth in subdivision (g), upon submitting an affidavit to the
department agreeing not to attempt to use the special license plates
for vehicle registration purposes. 
    (e)     If a surviving spouse who has
elected to retain the special license plates as authorized under
subdivision (d) dies while in possession of the special license
plates, the special license plates shall be returned to the
department either within 60 days   following that death, or
upon the expiration date of the vehicle registration, whichever date
occurs first. However, a member of the former medal recipient's
family may retain one of the special license plates as a family
heirloom, subject to the conditions set forth in subdivision (g),
upon submitting an affidavit to the department agreeing not to
attempt to use the special license plates for vehicle registration
purposes.  
   (e) 
    (f)  Sections 5106 and 5108 do not apply to this
section.
    (g) The special license plates issued under this section are
not valid for use for vehicle registration purposes or for the
purposes of Section 9105, or Section 10783 or 10783.2 of the Revenue
and Taxation Code, by a person other than the person issued the
special license plates under subdivision (a) and the surviving spouse
of that person. 
    (h) For purposes of this section, "family" means
grandparents, stepgrandparents, parents, stepparents, siblings,
stepsiblings, children, and stepchildren of the person issued the
special license plates under subdivision (a). 
  SEC. 2.  Section 5101.8 of the Vehicle Code is amended to read:
   5101.8.  (a) Any person otherwise eligible under this article who
is a Purple Heart recipient may apply for special license plates for
vehicles that are not used for transportation for hire, compensation,
or profit, under this article. The special plates assigned to the
vehicle shall run in a separate numerical series, shall have
inscribed on the plate the Purple Heart insignia, and shall contain
the words "Combat Wounded" and "Purple Heart" or at least the letters
"PH" as part of the numerical series. The department shall reserve
and issue the special plates to all applicants providing the proof
required by subdivision (b).
   (b) The applicant, by satisfactory proof, shall show that the
applicant is a Purple Heart recipient.
   (c) Special plates may be issued pursuant to subdivision (a) only
for a vehicle owned or coowned by a Purple Heart recipient.
   (d) Upon the death of a person issued special license plates
pursuant to this section, his or her surviving spouse may retain the
special license plates subject to the conditions set forth in this
section.  Upon the death of the spouse   If
there is no surviving spouse  , the  retained, 
special license plates shall be returned to the department either
(1) within 60 days following that death or (2) upon the expiration of
the vehicle registration, whichever occurs first.  However, in
the absence of a surviving spouse, a member of the former Purple
Heart recipient's family may retain one of the special license plates
as a family heirloom, subject to the conditions set forth in
subdivision (h), upon submitting an affidavit to the department
agreeing not to attempt to use the special license plates for vehicle
registration purposes. 
    (e)     If a surviving spouse who has
elected to retain the special license plates as authorized under
subdivision (d) dies while in possession of the special license
plates, the special license plates shall be retur   ned to
the department either within 60 days following that death, or upon
the expiration date of the vehicle registration, whichever date
occurs first.   However, a member of the former Purple Heart
recipient   's family may retain one of the special license
plates as a family heirloom, subject to the conditions set forth in
subdivision (h), upon submitting an affidavit to the department
agreeing not to attempt to use the special license plates for vehicle
registration purposes.  
   (e) 
    (f)  When an applicant for the Purple Heart license
plate qualifies as a disabled veteran, as specified in subdivision
(b) of Section 22511.55, the applicant may also apply for a
distinguishing placard described in subdivision (a) of Section
22511.55 to be used in conjunction with the Purple Heart license
plate for the purpose of allowing special parking privileges pursuant
to subdivision (a) of Section 22511.5. 
   (f) 
    (g)  Sections 5106 and 5108 do not apply to this
section.
    (h) The special license plates issued under this section are
not valid for use for vehicle registration purposes or for the
purposes of Section 9105, or Section 10783 or 10783.2 of the Revenue
and Taxation Code, by a person other than the person issued the
special license plates under subdivision (a) and the surviving spouse
of that person. 
    (i) For purposes of this section, "family" means
grandparents, stepgrandparents, parents, stepparents, siblings,
stepsiblings, children, and stepchildren of the person issued the
special license plates under subdivision (a).