BILL NUMBER: AB 1940	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member DeVore

                        FEBRUARY 12, 2008

   An act to amend Section 22511.59 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1940, as introduced, DeVore. Temporary disabled persons'
placards: pregnancy.
   Existing law authorizes a vehicle equipped with a special license
plate, placard, or temporary placard indicating the person is a
disabled person, disabled veteran, or an organization or agency
involved in the transportation of disabled persons or disabled
veterans, as specified, to exercise certain parking privileges,
including parking or leaving standing a vehicle in a stall or parking
place designated for a disabled person or disabled veteran. These
spaces are distinguished by signs and markings placed pursuant to
certain specifications.
   This bill would define "temporary disability" to include the last
trimester of a woman's pregnancy through her first 2 months after
giving birth. The bill would require that the certificate be signed
by a physician and surgeon, a nurse practitioner, a certified nurse
midwife, or a physician assistant.
   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 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)  (A   )    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. 
   (B) As used in this section, "temporary disability" includes the
last trimester of a woman's pregnancy through her first two months
after giving birth. For purposes of this subparagraph, the department
shall require that the certificate be signed by a physician and
surgeon, a nurse practitioner, a certified nurse midwife, or a
physician assistant. 
   (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).
   (6)  A   Except for placard issued pursuant
to subparagraph (B) of paragraph (2), a  placard issued pursuant
to this subdivision  shall   may  be
renewed a maximum of six times consecutively.
   (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.
   (6) A placard issued pursuant to this subdivision shall be renewed
a maximum of six times consecutively.
   (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.
   (5) A placard issued pursuant to this subdivision shall be renewed
a maximum of six times consecutively.
   (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.