BILL NUMBER: AB 1944 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2010
AMENDED IN ASSEMBLY MAY 3, 2010
INTRODUCED BY Assembly Member Fletcher
FEBRUARY 17, 2010
An act to amend Section 5007 of, and to add Section
5007.3 to, Sections 5007 and 22511.55 of the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1944, as amended, Fletcher. Vehicles: special license plates:
disabled veterans.
Under existing law, the Department of Motor Vehicles is required,
upon application and without additional fees, to issue a special
license plate or plates to a disabled person, a disabled veteran, or
an organization or agency involved in the transportation of those
persons pursuant to procedures adopted by the department.
Existing law requires the department, prior to issuing a special
license plate to a disabled person or disabled veteran, to require
the submission of a certificate signed by a medical professional, as
provided, that substantiates the disability of the person or veteran,
in certain situations.
This bill would delete "disabled veteran" from these provisions
and instead establish new requirements for the issuance of a special
license plate to a disabled veteran that would require that the
United States Department of Veterans Affairs certify on a form
prescribed by the Department of Motor Vehicles that the veteran is
disabled as a result of an injury or disease suffered while on active
duty with the Armed Forces of the United States.
This bill, in addition, would require the department to accept, in
lieu of the certificate signed by a medical professional, a
certificate from the United States Department of Veterans Affairs
that certifies the applicant is a disabled veteran.
Existing law authorizes a disabled person or veteran to apply to
the department for the issuance of a distinguishing placard to be
used in lieu of the special license plate. Existing law requires the
department, prior to issuing the placard to a disabled person or
disabled veteran, to require the submission of a certificate signed
by a medical professional, as provided, that substantiates the
disability of the person or veteran, in certain situations.
This bill, in addition, would require the department to accept, in
lieu of the certificate signed by a medical professional, a
certificate from the United States Department of Veterans Affairs
that certifies the applicant is a disabled veteran.
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 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 pursuant to
procedures adopted by the department to the following:
(1) A disabled person.
(2) A disabled veteran.
(3) An organization or agency involved in the transportation of
disabled persons or disabled veterans if the vehicle that will have
the special license plate is used solely for the purpose of
transporting those persons.
(b) The special license plates issued under subdivision (a) 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 Except as provided in
paragraph (3), 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.
(3) For a disabled veteran, the department shall accept, in lieu
of the certificate described in paragraph (1), a certificate from the
United States Department of Veterans Affairs that certifies the
applicant is a disabled veteran as described in Section 295.7.
(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 certification requirements of subdivisions (c) and (d) do
not apply to an organization or agency that is issued a special
license plate or plates under paragraph (3) of subdivision (a).
(f) 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.
(g) When a vehicle subject to paragraph (3) of subdivision (a) is
sold or transferred, the special license plate or plates issued to an
organization or agency under paragraph (3) of subdivision (a) for
that vehicle shall be immediately returned to the department.
SEC. 2. 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 Except as provided in
paragraph (4), 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.
(4) For a disabled veteran, the department shall accept, in lieu
of the certificate described in paragraph (1), a certificate from the
United States Department of Veterans Affairs that certifies that the
applicant is a disabled veteran as described in Section 295.7.
(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.
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 pursuant to
procedures adopted by the department to the following:
(1) A disabled person.
(2) An organization or agency involved in the transportation of
disabled persons or disabled veterans if the vehicle that will have
the special license plate is used solely for the purpose of
transporting those persons.
(b) The special license plates issued under subdivision (a) shall
run in a regular numerical series that shall include one or more
unique two-letter codes reserved for disabled person 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, 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 or both hands, or who
has significant limitation in the use of his or her 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 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 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 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 for the plate or plates.
(e) The certification requirements of subdivisions (c) and (d) do
not apply to an organization or agency that is issued a special
license plate or plates under paragraph (2) of subdivision (a).
(f) The special license plate shall, upon the death of the
disabled person, be returned to the department within 60 days or upon
the expiration of the vehicle registration, whichever occurs first.
(g) When a vehicle subject to paragraph (2) of subdivision (a) is
sold or transferred, the special license plate or plates issued to an
organization or agency under paragraph (2) of subdivision (a) for
that vehicle shall be immediately returned to the department.
SEC. 2. Section 5007.3 is added to the Vehicle
Code, to read:
5007.3. (a) The department shall, upon application and without
additional fees, issue a special license plate or plates pursuant to
procedures adopted by the department to a disabled veteran.
(b) The special license plates issued under subdivision (a) shall
run in a regular numerical series that shall include one or more
unique two-letter codes reserved for 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) Prior to issuing a special license plate or plates to a
disabled veteran, the department shall require certification from the
United States Department of Veterans Affairs that the disabled
veteran has a service-connected disability described in Section
295.7.
(d) A 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, the
certification that substantiates the eligibility of the disabled
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 veteran to whom the plate or plates were issued, and the
name, office address, and telephone number of the person from the
United States Department of Veterans Affairs who certified the
eligibility of the veteran for the plate or plates.
(e) The special license plate shall, upon the death of the
disabled veteran, be returned to the department within 60 days or
upon the expiration of the vehicle registration, whichever occurs
first.