Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2602

Introduced by Assembly Member Gatto

February 19, 2016

An act to amend begin delete Section end delete begin insert Sections end insert 22511.5 begin insert and 22511.55 end insert of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2602, as amended, Gatto. Disabled parking placards.

begin insert

Existing law authorizes a disabled person to apply to the Department of Motor Vehicles (DMV) for the issuance of a distinguishing license plate or placard that entitles the person to park for unlimited periods in a restricted zone, as specified, and to park in metered spaces without paying parking meter fees. Existing law requires the distinguishing placard to be returned to the DMV not later than 60 days after the death of the person to whom the placard was issued. Existing law prohibits the DMV from issuing a distinguishing placard unless a certificate substantiating the person’s disability is signed by a physician, nurse practitioner, certified nurse midwife, or physician assistant, unless the person’s disability is readily observable and uncontested.

end insert begin insert

This bill would authorize a local authority to require a disabled person or disabled veteran to pay parking meter fees and to prohibit a disabled person or disabled veteran from parking for a period that exceeds the length of time permitted for that parking zone, pursuant to an ordinance or resolution adopted by the local authority at an open meeting, if specified conditions are satisfied. The bill would also require the DMV, if it becomes aware that a person to whom a disabled person parking placard was issued is deceased, to notify the informant identified on the certificate of death of his or her legal responsibility to return the placard and to provide instructions on how to do so. The bill would require, as a prerequisite for the issuance or renewal of a distinguishing placard, that the certificate substantiating the person’s disability be signed under penalty of perjury.

end insert begin insert

By expanding the crime of perjury, this bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law authorizes a disabled person or disabled veteran displaying a special license plate or a distinguishing placard issued by the Department of Motor Vehicles or a foreign jurisdiction to park for unlimited periods in a restricted zone or parking zone, as specified, and to park in metered spaces without paying parking meter fees.

end delete begin delete

This bill would make technical, nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 22511.5 of the Vehicle Code is amended
to read:

22511.5.  

(a) (1) A disabled person or disabled veteran
displaying a special license plate issued under Section 5007 or a
distinguishing placard issued under Section 22511.55 or 22511.59
begin delete is allowed to end delete begin insert may end insert park for unlimited periods in any of the following
zones:

(A) In any restricted zone described in paragraph (5) of
subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.

(B) In any parking zone that is restricted as to the length of time
parking is permitted as indicated by a sign erected pursuant to a
local ordinance.

(2) A disabled person or disabled veteran may park in any
metered parking space without being required to pay parking meter
fees.

(3) This subdivision does not apply to a zone for which state
law or ordinance absolutely prohibits stopping, parking, or standing
of all vehicles, or that the law or ordinance reserves for special
types of vehicles, or to the parking of a vehicle that is involved in
the operation of a street vending business.

begin insert

(b) Notwithstanding subdivision (a), a local authority may
require a disabled person or disabled veteran to pay parking meter
fees, and may prohibit a disabled person or disabled veteran from
parking for a period that exceeds the length of time permitted for
that parking zone, pursuant to an ordinance or resolution adopted
by the local authority at an open meeting, if all of the following
requirements are satisfied:

end insert begin insert

(1) The local authority performs a self-assessment of its
compliance with the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.) with regard to its provision
of parking spaces that are accessible to disabled persons.

end insert begin insert

(2) The assessment is made publicly available on an Internet
Web site at least 30 days prior to the meeting to discuss the
proposed ordinance or resolution.

end insert begin insert

(3) The public is provided with an opportunity to comment on
the assessment and proposed ordinance or resolution at the
meeting.

end insert begin insert

(4) The local authority posts signs indicating that a person
displaying a special license plate or placard is required to pay
parking meter fees and is prohibited from parking for a period
that exceeds the permitted length of time.

end insert begin insert

(5) The local authority makes all reasonable accommodations,
including the provision of free parking for individuals who, by
virtue of their disability, are unable to insert payment into a
parking meter.

end insert begin delete

(b)

end delete

begin insert (c) end insert  A disabled person or disabled veteran begin delete is allowed to end delete begin insert may end insert park
a motor vehicle displaying a special disabled person license plate
or placard issued by a foreign jurisdiction with the same parking
privileges authorized in this code for any motor vehicle displaying
a special license plate or a distinguishing placard issued by the
Department of Motor Vehicles.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 22511.55 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

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 (A) suspended from the rearview mirror,
(B) if there is no rearview mirror, when displayed on the dashboard
of a vehicle, or (C) inserted in a clip designated for a distinguishing
placard and installed by the manufacturer on the driver’s side of
the front window. It is the intent of the Legislature to encourage
the use of 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 procedures shall include,
but are not limited to, advising an applicant in writing on the
application for a placard of the procedure to apply for a special
license plate or plates, as described in Section 5007, and the fee
exemptions established pursuant to Section 9105 and in subdivision
(a) of Section 10783 of the Revenue and Taxation Code. 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 Office of Vital Records
of the State Department of Public Health, 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 shall not be
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) Except as provided in paragraph (4), prior to issuing begin delete an
original end delete begin insert or renewing a end insert distinguishing placard to a disabled person
or disabled veteran, the department shall require the submission
of a certificate, in accordance with paragraph (2), signed begin insert under
penalty of perjury end insert 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)  begin insert (1) end insert begin insert   end insert 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.

begin insert

(2) If the department becomes aware that the person to whom
the placard was issued is deceased, the department shall notify
the informant identified on the certificate of death of his or her
legal responsibility to return the placard to the department and
provide instructions on how to do so.

end insert

(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 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.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert