BILL NUMBER: AB 2120 CHAPTERED
BILL TEXT
CHAPTER 116
FILED WITH SECRETARY OF STATE JULY 24, 2006
APPROVED BY GOVERNOR JULY 24, 2006
PASSED THE ASSEMBLY JUNE 29, 2006
PASSED THE SENATE JUNE 26, 2006
AMENDED IN SENATE JUNE 19, 2006
AMENDED IN ASSEMBLY APRIL 18, 2006
INTRODUCED BY Assembly Member Liu
FEBRUARY 17, 2006
An act to amend Sections 5007, 9105, 22511.55, and 22511.59 of the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2120, Liu Vehicles: disabled persons: disabled veterans:
parking placards.
Existing law authorizes the Department of Motor Vehicles to issue
distinguishing placards to disabled persons or disabled veterans and
temporary distinguishing placards to temporarily disabled persons, to
be used for parking purposes, as described. Prior to issuing the
parking placard or temporary placard, the Department of Motor
Vehicles requires the submission of a certificate, signed by an
authorized health care professional, providing a full description
substantiating the applicant's disability, unless the disability is
readily observable and uncontested. Under existing law, the
authorized health care professional that signs the certificate is
required to retain information sufficient to substantiate the
certificate, and make the information available to certain entities,
upon request of the department.
This bill would expand the health care professionals authorized to
sign the certificate substantiating the applicant's disability to
include, to the extent that it does not cause a reduction in the
receipt of federal aid highway funds, nurse practitioners, certified
nurse midwives, and physician assistants. The bill would make
conforming and technical changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5007 of the Vehicle Code is amended to read:
5007. (a) The department shall, upon application and without
additional fees, issue a special license plate or plates to a
disabled person or disabled veteran, pursuant to procedures adopted
by the department.
(b) The special license plates issued to a disabled person or
disabled veteran shall run in a regular numerical series that shall
include one or more unique two-letter codes reserved for disabled
person license plates or disabled veteran license plates. The
International Symbol of Access adopted pursuant to Section 3 of
Public Law 100-641 commonly known as the "wheelchair symbol" shall be
depicted on each plate.
(c) (1) Prior to issuing a special license plate to a disabled
person or disabled veteran the department shall require the
submission of a certificate, in accordance with paragraph (2), signed
by the physician and surgeon, or to the extent that it does not
cause a reduction in the receipt of federal aid highway funds, by a
nurse practitioner, certified nurse midwife, or physician assistant,
substantiating the disability, unless the applicant's disability is
readily observable and uncontested. The disability of a person who
has lost, or has lost use of, one or more lower extremities or one
hand, for a disabled veteran, or both hands for a disabled person, or
who has significant limitation in the use of lower extremities, may
also be certified by a licensed chiropractor. The blindness of an
applicant shall be certified by a licensed physician and surgeon who
specializes in diseases of the eye or a licensed optometrist. The
physician and surgeon, nurse practitioner, certified nurse midwife,
physician assistant, chiropractor, or optometrist certifying the
qualifying disability shall provide a full description of the illness
or disability on the form submitted to the department.
(2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(d) A disabled person or disabled veteran issued a license plate
or plates under this section shall, upon request, present to a peace
officer, or person authorized to enforce parking laws, ordinances, or
regulations, a certification form that substantiates the eligibility
of the disabled person or veteran to possess the plate or plates.
The certification shall be on a form prescribed by the department and
contain the name of the disabled person or disabled veteran to whom
the plate or plates were issued, and the name, address, and telephone
number of the medical professional described in subdivision (c) who
certified the eligibility of the person or veteran for the plate or
plates.
(e) The special license plate shall, upon the death of the
disabled person or disabled veteran, be returned to the department
within 60 days or upon the expiration of the vehicle registration,
whichever occurs first.
SEC. 2. Section 9105 of the Vehicle Code is amended to read:
9105. (a) The fees specified in this code, except fees for
duplicate plates, certificates, or cards, need not be paid for any of
the following vehicles, that are of a type subject to registration
under this code, and that are not used for transportation for hire,
compensation, or profit, when owned by a former American prisoner of
war, a disabled veteran, or a Congressional Medal of Honor recipient:
(1) A passenger motor vehicle.
(2) A motorcycle.
(3) A commercial motor vehicle of less than 8,001 pounds unladen
weight.
(b) The exemption granted by subdivision (a) shall not extend to
more than one vehicle owned by a former American prisoner of war, a
disabled veteran, or a Congressional Medal of Honor recipient and is
applicable to the same vehicle as described in subdivision (b) of
Section 10783 of the Revenue and Taxation Code.
(c) (1) The department may require a disabled veteran applying for
an exemption under this section to submit a certificate signed by a
physician and surgeon, or to the extent that it does not cause a
reduction in the receipt of federal aid highway funds, by a nurse
practitioner, certified nurse midwife, physician assistant,
chiropractor, or optometrist, substantiating the disability.
(2) The department may require a person applying for an exemption
under this section for either of the following reasons to do any of
the following:
(A) By reason of the person's status as a former prisoner of war,
to show, by satisfactory proof, his or her former prisoner-of-war
status.
(B) By reason of the person's status of receiving the
Congressional Medal of Honor, to show, by satisfactory proof, that he
or she is a Congressional Medal of Honor recipient.
SEC. 3. Section 22511.55 of the Vehicle Code is amended to read:
22511.55. (a) (1) A disabled person or disabled veteran may apply
to the department for the issuance of a distinguishing placard. The
placard may be used in lieu of the special license plate or plates
issued under Section 5007 for parking purposes described in Section
22511.5 when suspended from the rearview mirror or, if there is no
rearview mirror, when displayed on the dashboard of a vehicle. It is
the intent of the Legislature to encourage the use of these
distinguishing placards because they provide law enforcement officers
with a more readily recognizable symbol for distinguishing vehicles
qualified for the parking privilege. The placard shall be the size,
shape, and color determined by the department and shall bear the
International Symbol of Access adopted pursuant to Section 3 of
Public Law 100-641, commonly known as the "wheelchair symbol." The
department shall incorporate instructions for the lawful use of a
placard, and a summary of the penalties for the unlawful use of a
placard, into the identification card issued to the placard owner.
(2) (A) The department may establish procedures for the issuance
and renewal of the placards. The placards shall have a fixed
expiration date of June 30 every two years. A portion of the placard
shall be printed in a contrasting color that shall be changed every
two years. The size and color of this contrasting portion of the
placard shall be large and distinctive enough to be readily
identifiable by a law enforcement officer in a passing vehicle.
(B) As used in this section, "year" means the period between the
inclusive dates of July 1 through June 30.
(C) Prior to the end of each year, the department shall, for the
most current three years available, compare its record of disability
placards issued against the records of the Bureau of Vital Statistics
of the State Department of Health Services, or its successor, and
withhold any renewal notices that otherwise would have been sent, for
a placardholder identified as deceased.
(3) Except as provided in paragraph (4), a person is not eligible
for more than one placard at a time.
(4) Organizations and agencies involved in the transportation of
disabled persons or disabled veterans may apply for a placard for
each vehicle used for the purpose of transporting disabled persons or
disabled veterans.
(b) (1) Prior to issuing an original distinguishing placard to a
disabled person or disabled veteran, the department shall require the
submission of a certificate, in accordance with paragraph (2),
signed by the physician and surgeon, or to the extent that it does
not cause a reduction in the receipt of federal aid highway funds, by
a nurse practitioner, certified nurse midwife, or physician
assistant, substantiating the disability, unless the applicant's
disability is readily observable and uncontested. The disability of a
person who has lost, or has lost use of, one or more lower
extremities or one hand, for a disabled veteran, or both hands, for a
disabled person, or who has significant limitation in the use of
lower extremities, may also be certified by a licensed chiropractor.
The blindness of an applicant shall be certified by a licensed
physician and surgeon who specializes in diseases of the eye or a
licensed optometrist. The physician and surgeon, nurse practitioner,
certified nurse midwife, physician assistant, chiropractor, or
optometrist certifying the qualifying disability shall provide a full
description of the illness or disability on the form submitted to
the department.
(2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(3) The department shall maintain in its records all information
on an applicant's certification of permanent disability and shall
make that information available to eligible law enforcement or
parking control agencies upon a request pursuant to Section 22511.58.
(c) A person who is issued a distinguishing placard pursuant to
subdivision (a) may apply to the department for a substitute placard
without recertification of eligibility, if that placard is lost or
stolen.
(d) The distinguishing placard shall be returned to the department
not later than 60 days after the death of the disabled person or
disabled veteran to whom the placard was issued.
(e) The department shall print on any distinguishing placard
issued on or after January 1, 2005, the maximum penalty that may be
imposed for a violation of Section 4461. For the purposes of this
subdivision, the "maximum penalty" is the amount derived from adding
all of the following:
(1) The maximum fine that may be imposed under Section 4461.
(2) The penalty required to be imposed under Section 70372 of the
Government Code.
(3) The penalty required to be levied under Section 76000 of the
Government Code.
(4) The penalty required to be levied under Section 1464 of the
Penal Code.
(5) The surcharge required to be levied under Section 1465.7 of
the Penal Code.
(6) The penalty authorized to be imposed under Section 4461.3.
SEC. 4. Section 22511.59 of the Vehicle Code is amended to read:
22511.59. (a) Upon the receipt of the applications and documents
required by subdivision (b), (c), or (d), the department shall issue
a temporary distinguishing placard bearing the International Symbol
of Access adopted pursuant to Section 3 of Public Law 100-641
commonly known as the "wheelchair symbol." During the period for
which it is valid, the temporary distinguishing placard may be used
for the parking purposes described in Section 22511.5 in the same
manner as a distinguishing placard issued pursuant to Section
22511.55.
(b) (1) A person who is temporarily disabled for a period of not
more than six months may apply to the department for the issuance of
the temporary distinguishing placard described in subdivision (a).
(2) Prior to issuing a placard pursuant to this subdivision, the
department shall require the submission of a certificate signed by a
physician and surgeon, or to the extent that it does not cause a
reduction in the receipt of federal aid highway funds, by a nurse
practitioner, certified nurse midwife, physician assistant,
chiropractor, or optometrist, as described in subdivision (b) of
Section 22511.55, substantiating the temporary disability and stating
the date upon which the disability is expected to terminate.
(3) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall maintain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(4) A placard issued pursuant to this subdivision shall expire not
later than 180 days from the date of issuance or upon the expected
termination date of the disability, as stated on the certificate
required by paragraph (2), whichever is less.
(5) The fee for a temporary placard issued pursuant to this
subdivision shall be six dollars ($6).
(c) (1) A permanently disabled person or disabled veteran who is
not a resident of this state and plans to travel within the state may
apply to the department for the issuance of the temporary
distinguishing placard described in subdivision (a).
(2) Prior to issuing a placard pursuant to this subdivision, the
department shall require certification of the disability, as
described in subdivision (b) of Section 22511.55.
(3) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall maintain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(4) A placard issued pursuant to this subdivision shall expire not
later than 90 days from the date of issuance.
(5) The department shall not charge a fee for issuance of a
placard under this subdivision.
(d) (1) A permanently disabled person or disabled veteran who has
been issued either a distinguishing placard pursuant to Section
22511.55 or special license plates pursuant to Section 5007, but not
both, may apply to the department for the issuance of the temporary
distinguishing placard described in subdivision (a) for the purpose
of travel.
(2) Prior to issuing a placard pursuant to this subdivision, the
department shall require the applicant to submit either the number
identifying the distinguishing placard issued pursuant to Section
22511.55 or the number on the special license plates.
(3) A placard issued pursuant to this subdivision shall expire not
later than 30 days from the date of issuance.
(4) The department shall not charge a fee for issuance of a
placard under this subdivision.
(e) The department shall print on a temporary distinguishing
placard, the maximum penalty that may be imposed for a violation of
Section 4461. For the purposes of this subdivision, the "maximum
penalty" is the amount derived from adding all of the following:
(1) The maximum fine that may be imposed under Section 4461.
(2) The penalty required to be imposed under Section 70372 of the
Government Code.
(3) The penalty required to be levied under Section 76000 of the
Government Code.
(4) The penalty required to be levied under Section 1464 of the
Penal Code.
(5) The surcharge required to be levied under Section 1465.7 of
the Penal Code.
(6) The penalty authorized to be imposed under Section 4461.3.