BILL ANALYSIS Ó
AB 2602
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Date of Hearing: April 11, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 2602
(Gatto) - As Amended April 4, 2016
SUBJECT: Disabled parking placards
SUMMARY: Creates a two-tiered disabled person (DP) parking
system whereby only those persons with disabilities that
severely limit mobility and dexterity may qualify for free and
unlimited parking at metered spaces. Specifically, this bill:
1)Creates a new category of DP parking, denoted by a yellow
sticker, that authorizes only certain individuals, based on
mobility and dexterity limitations, to park for free and
unlimited time periods at metered parking spaces, including
those regulated by parking meters and parking payment centers
or kiosks.
2)Authorizes the California Department of Motor Vehicles (DMV)
to establish protocols and procedures for the issuing and
renewing yellow free-parking stickers that denotes eligibility
for free parking for unlimited time periods to parking meters,
for persons with certain disabilities, that can be affixed to
existing DP plates or placards.
3)Requires that persons applying for the yellow sticker must
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first apply for and receive a DP plate or placard through the
existing program.
4)Requires that yellow stickers have a fixed expiration date of
June 30 every four years.
5)Requires, in order to qualify for a yellow sticker, an
applicant must be unable to perform one or more of the
following activities:
a) Manage, manipulate, or insert coins, or obtain tickets
or tokens at parking meters or payment centers, due to lack
of fine motor controls of both hands;
b) Reach above his or her head to a height of 42 inches
from the ground due to a lack of finger, hand, or upper
extremity strength or mobility;
c) Approach a parking meter due to his or her use of a
wheelchair or other device; or,
d) Walk more than 20 feet due to an orthopedic,
neurological, cardiovascular, or lung condition in with the
degree of debilitation is so severe that almost completely
impedes the ability to walk.
6)Requires that DMV, prior to issuing the yellow sticker, be
provided with a certificate, completed and signed by a medical
practitioner, as specified, substantiating the person's
disability in accordance with the specified requirement, and
providing a full description of the qualifying condition,
unless the person's disability is readily observable and
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uncontested.
7)Provides that the medical form submitted by an applicant for a
yellow sticker must be retained by the approving medical
practitioner for inspection by the Medical Board of California
or appropriate regulatory board.
8)Provides that persons issued yellow stickers may apply to DMV
for a substitute sticker without needing to recertify, if the
sticker is lost or stolen.
9)Authorizes DMV to establish a fee for the issuance of the
yellow sticker which does not exceed the reasonable costs of
implementing the sticker program.
10)Provides that the maximum fine that may be imposed for misuse
of a yellow sticker is the same as those for misuse of DP
plates or placards.
11)Repeals provisions authorizing persons with a DP plate or DP
placard (without a yellow sticker) to park free of charge for
unrestricted time periods at metered parking spaces.
12)Repeals and recasts a number of provisions.
13)Makes related, conforming amendments.
EXISTING LAW:
1)Allows individuals who are issued a DP plate or placard to
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park for unlimited time periods in any metered parking space,
in any parking zone with a restricted time limit, as well as
at any parking space designated for use by the disabled, or
any space designated along the street as a preferential
parking zone for residents and merchants.
2)Allows DMV to cancel or revoke a DP placard if DMV is
satisfied that the placard was fraudulently obtained,
erroneously issued, or that the placard is being used in an
unlawful manner.
3)Requires a disabled person, in order to obtain a DP placard or
plate, to submit a certificate signed by a physician, surgeon,
or licensed chiropractor indicating that the person has lost
the use of one or more lower extremities or both hands, or who
has a significant limitation in the use of his or her lower
extremities.
4)Allows DMV to issue a temporary permit for a period of not
more than six months to any person who submits a certificate
signed by a physician or surgeon substantiating the temporary
disability and stating the date upon which the disability is
expected to terminate.
5)Prohibits a person from knowingly permitting the use of a DP
placard for parking purposes unless the person to whom the DP
placard was issued is being transported.
6)Provides misdemeanor penalties for DP placard misuse
punishable by fines of not less than $250 or more than $1,000,
imprisonment in the county jail for not more than six months,
or both the fine and imprisonment.
FISCAL EFFECT: Unknown
COMMENTS: The issue of parking privileges for disabled persons
is a sensitive one wherein the state has rightfully recognized
the need to accommodate individuals with mobility problems.
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However, at the same time, with the privilege of free and
unlimited parking that accompanies DP plates and placards comes
greater incidents of abuse of DP placards by people who are not,
in fact, disabled. While the actual magnitude of DP placard
abuse is difficult to verify, reports in metropolitan areas show
that the majority of metered spaces are taken by vehicles
bearing DP placards. For example, a survey conducted by the
City of Sacramento found that 73% of metered parking spaces in
certain areas of the city were occupied by cars bearing DP
placards and that the majority of these cars were parked in the
spaces most of the day, suggesting that the occupants worked in
nearby areas. Surveys conducted by the San Francisco
Metropolitan Transit Association (SFMTA) also indicate that
fraudulent placard use is a significant problem, whereby SFMTA
notes that on many occasions, nearly 50% of cars parked in
downtown San Francisco have DP placards and resulting
substantial lost parking revenues as well as less frequent
parking space "turnover." In addition, studies performed by the
University of California at Los Angeles (UCLA) found that
metered curbside parking in downtown areas of Los Angeles are,
for the most part, filled most of day by cars bearing DP
placards. The UCLA study went on to note that despite a metered
rate of $4 per hour, the city of Los Angeles only earns about
$.32 per hour because cars with DP placards consume 80% of the
meter time.
Under current law, DMV issues DP plates to disabled veterans and
persons with permanent disabilities. Because these individuals
often travel in vehicles other than their own, individuals may
also opt to obtain a permanent DP parking (blue) placard which
is automatically renewed by DMV every two years. Persons with
temporary disabilities may obtain a temporary DP parking (red)
placard that is valid for up to six months, or the expected
length of the disability as determined by a medical
professional, whichever is shorter. In each case, a specified
medical professional must certify the individual meets certain
disability criteria outlined in law. When issued, a DP placard
or plate entitles the owner, or a person transporting the owner,
to park in preferential parking spaces (marked in blue) and to
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park in public parking spaces that are metered or regulated by
parking payment centers (such as kiosks) for unlimited periods
of time.
Current law prohibits any person from displaying a DP placard
that does not belong to him or her unless he or she is
transporting the placard holder. Persons who violate this
provision are subject to a civil penalty ranging from $250-$1000
or criminal misdemeanor penalties which include fines ranging
from $250-$1,000, up to one month in a county jail, or both. In
addition, when a violation is identified, a peace officer is
authorized to confiscate the DP placard. After verification
with the DMV that the user of the placard was not the owner, the
enforcement agency must notify DMV of the misuse and DMV may
cancel the placard. The disabled person whose placard was
canceled may subsequently reapply for a new DP placard.
Many suggest that the primary motivation for DP placard fraud is
the privilege it provides-- to park free of charge for unlimited
periods of time in metered parking spaces. This is a
particularly valuable privilege in metropolitan areas where
parking is scarce and/or costly. According to a 2012 study
published in the Journal of Planning Education and Research,
nearly one-half of states have laws allowing people with DP
placards to park for free at metered spaces and, the majority of
those states impose no time limit. The report goes on to states
that the non-payment privileges associated with DP placards
invites fraud and abuse.
To address the growing problem of DP placard fraud and abuse and
to provide legitimately disabled person and the general
population with better parking access, the author has introduced
this bill which would outline a new policy for California's DP
parking placard program. Specially, this bill would create a
two-tiered approach to DP parking, much like the programs that
are in place in Michigan and Illinois, where individuals with
severe mobility impairments may continue to park for free at
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metered spaces if they qualify for and obtain a yellow sticker,
while individuals with less severe disabilities would be allowed
to access preferential DP parking but be required to pay for
parking at metered spaces. Specifically, this bill provides
that individuals who meet certain criteria would be eligible to
apply for a yellow free-parking sticker from the DMV. Once
issued, the yellow sticker would be affixed to his or her
existing DP placard to indicate the individual's eligibility for
free and unlimited parking. Individuals who qualify for the
existing DP plates and placards, but who do not qualify for the
yellow sticker, would continue to be able to access preferential
parking offered for handicapped persons (such blue parking
spaces and stalls). This bill provides that the yellow sticker
would have a fixed expiration date of June 30 every four years
and provides that misuse of the yellow sticker would carry the
same penalties as DP plate or placard abuse.
The author points out that in Illinois, where free and unlimited
time at parking meters is only offered to a smaller subset of
persons with disabilities, only 41,000 applied for the free
parking sticker out of the nearly 479,000 placards issued.
While the problem of DP placard abuse has not been completely
solved in these states, there has been a substantial decrease in
reported DP placard fraud. The author also points to similar
programs in Michigan where fraud is said to have dropped
dramatically when the yellow sticker programs were implemented.
Reports did not indicate, however, whether or not the programs
excluded or inconvenienced legitimately disabled individuals.
Writing in support of this bill, Safer Streets LA points out
that fraudulent use of DP placards is a widespread problem that
poses a significant impediment to providing parking access to
both disabled motorists and the general motoring population.
Safer Streets LA notes that in many urban areas, where parking
is at a premium, cars with DP placards routinely occupy almost
all the metered curb spaces yet investigative "stings"
consistently find that the majority of these placards are being
use fraudulently by able-bodied individuals who simply wish to
park without paying a fee. Safer Streets LA points to reforms,
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similar to AB 2602, in Michigan where there was a 98% reduction
in the number of DP parking placards issued.
Writing in opposition, disability rights advocates contend that
the levels of suspected DP placard fraud may be overblown. They
note that many indicate that fraud is occurring because large
numbers of DP plates and placards are issued but they counter,
noting that today, more people with disabilities are getting out
into society thereby creating the need for more parking
placards. Californians for Disability Rights, Inc. points out
that AB 2602 would strip away important privileges that were
intended to ameliorate longstanding and still persistent civil
rights violations. They claim that this bill would
substantially impact persons with disabilities who encounter
multiple physical barriers so that local jurisdictions can
obtain parking revenues. They contend that if "rampant" abuse
is occurring, DMV as well as the municipalities should deal with
the fraud through enforcement rather than further burdening the
disabled community.
Author's amendments: The author acknowledges the need for
continuing to work with interested parties to reach consensus on
a variety of issues related to this bill including, among other
things, delaying the implementation date of the yellow sticker
program to give DMV time to implement the program and educate
the public about program changes. Additionally, the author
notes there is a need to address provisions authorizing DMV to
establish a fee for the purposes of recouping its costs for the
yellow sticker program in light of the case William Robert Dare;
Gary Petillo, Plantiffs-Appellees, v. State of California; Dept.
of Motor Vehicles, Defendants-Appellants which challenged
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California's legal right to charge a $6 fee for disabled parking
placards. In the case, two federal courts ruled that DMV's
surcharged violated the federal law by ruling that the $6
parking placard free was discriminatory. The author concedes
that this bill is a "work in progress" and that amendments would
be forthcoming as the bill moves through the legislative
process. The author has indicated other items that may be
addressed in the bill as it moves through the legislative
process including; but not necessarily limited to, using a "free
parking placard" rather than a sticker to minimize opportunities
for fraudulent duplication, considering a "mobility distance"
greater than 20 feet with respect to establishing qualifications
for the free-parking sticker, expanding the "life" of the
sticker from two years to four years to minimize the
inconvenience and costs involved with re-certification and
sticker issuance, taking into account modern meter technology
when establishing parameters for free parking sticker
qualifications, and improving the communication between DMV and
the County Recorder's Offices so that DMV can more easily
identify when placard holders have passed to minimize continued
mailing of placard to the homes of deceased placard holders.
Committee comments: It is clear that this bill is a "work in
progress" and that much discussion still needs to take place
between the author, interest groups, and state agencies to
ensure the bill meets the author's stated goal (reducing DP
placard fraud) while also ensuring that legitimately disabled
persons continue to have access to priority DP parking. It is
important to note that little comprehensive statewide data is
available with respect to cause, magnitude, and extent of DP
placard abuse in California. Without this data, it is difficult
to craft a thoughtful and comprehensive solution to the problem.
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For example, while most would agree that DP placard fraud is
occurring, it is not completely understood what avenues are most
frequently exploited. Some suggest that the majority of fraud
is resulting from legitimately issued placards being borrowed or
shared between friends and family members which suggest that a
solution may lie in increased enforcement. Other data, however,
suggests that fraudulent use is driven by the widespread
availability of DP placards that continue to be sent to deceased
DP placard holders for many years by the DMV, indicating the
need for DMV to "tighten" its practices with respect to DP
placard renewals as well as increase enforcement. Additionally,
little data is available to fully understand the extent to which
DP placards may be being issued to persons who do not qualify
for the DP placards in the first place. If there are
unscrupulous medical practitioners who are willing to sign
medical certifications fraudulently, then it is unrealistic to
expect that the same practice would not happen with the yellow
sticker program. Lastly, some suggest that DP placards
themselves are being forged and traded or sold in "underground"
markets (such as on Internet Web sites), suggesting that
alternative methods of enforcement are needed to curb the
problem. In light of the lack of data, the author may,
therefore, wish to consider tasking the State Auditor with
conducting a comprehensive review of the program to better
understand the intricacies of DP placard fraud in California
that would aid in the crafting of a comprehensive and effective
solution.
Double referral: This bill will be referred to the Assembly
Local Government Committee should it pass out of this committee.
Related legislation: AB 2586 (Gatto), amends a variety of
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provisions in existing law related to parking. AB 2586 passed
out of this committee on April 4, 2016, with a 16-0 vote and is
scheduled to be heard by the Assembly Local Government Committee
on April 20, 2016.
Previous legislation: AB 1111 (Gatto) of 2015, would have
allowed local jurisdictions to install parking meters in
accessible parking spaces and allowed local jurisdictions to
make changes to disabled parking requirements. AB 1111 was
returned to the Chief Clerk by this committee pursuant to Joint
Rule 56.
SB 1123 (de León) of 2011, would have suspended, for 30 days,
the driver's license of a person who misuses a disabled parking
placard and allows cities and counties to charge disabled
persons for parking at 10-hour meters. SB 1123 was returned to
the Secretary of the Senate by the Senate Transportation and
Housing Committee pursuant to Joint Rule 56.
AB 1531 (DeSaulnier), Chapter 413, Statutes of 2007, alters
signage and painting requirements for disabled parking spaces,
limits the number of times that temporary disability placards
may be renewed, and increases fines for second and third
violations related to illegal parking in disabled spaces.
AB 327 (Runner), Chapter 555, Statutes of 2003, allows local
governments to impose an additional $100 penalty for the
violation of statutes related to disabled persons' parking
privileges.
AB 1314 (Havice), Chapter 640, Statutes of 2001, among other
things, revised provisions regarding wheelchair curbside access.
REGISTERED SUPPORT / OPPOSITION:
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Support
Safer Streets LA
1 private citizen
Opposition
Californians for Disability Rights
Disability Rights California
5 private citizens
Analysis Prepared by:Victoria Alvarez / TRANS. / (916) 319-2093
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