BILL NUMBER: AB 1792 CHAPTERED 09/19/00 CHAPTER 524 FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2000 APPROVED BY GOVERNOR SEPTEMBER 18, 2000 PASSED THE ASSEMBLY AUGUST 31, 2000 PASSED THE SENATE AUGUST 29, 2000 AMENDED IN SENATE AUGUST 29, 2000 AMENDED IN SENATE JUNE 12, 2000 AMENDED IN ASSEMBLY MAY 26, 2000 AMENDED IN ASSEMBLY APRIL 3, 2000 INTRODUCED BY Assembly Member Villaraigosa (Coauthors: Assembly Members Alquist, Aroner, Bates, Correa, Dutra, Florez, Havice, Knox, Longville, Lowenthal, Margett, Mazzoni, Nakano, Strickland, Washington, and Zettel) (Coauthor: Senator Soto) JANUARY 26, 2000 An act to amend Sections 4461, 4463, 5007, 22511.55, and 22511.59 of, and to add Section 1825 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1792, Villaraigosa. Vehicles: disabled persons' parking: violations: fines and penalties. (1) Existing law authorizes any disabled person or disabled veteran displaying special identification plates, as specified, or a distinguishing placard, as specified, to park for unlimited periods in certain zones. It is a misdemeanor for any person to whom the special identification plates or distinguishing placard has been issued to lend the placard to any person or knowingly permit the use for parking purposes of the placard or plates by one not entitled to it or for any person to use a placard or plates not issued to him or her except for the purpose of transporting disabled persons. This bill would specify a $250 minimum fine for the misdemeanors described above, thus imposing a state-mandated local program by increasing the level of services imposed upon the courts. (2) Existing law requires the applicant for a permanent or temporary distinguishing placard to submit to the Department of Motor Vehicles a certificate signed by a physician or other authorized person substantiating the disability, except as specified, and authorizes the department to require an applicant for the special identification plates to submit the substantiating certificate. It is a misdemeanor for any person to knowingly make any false statement or knowingly conceal any material fact in any document filed with the department. It is a felony for any person to forge, counterfeit, or falsify, or utter, publish, pass, or attempt to pass, as true and genuine, any false, altered, forged, or counterfeited special license plate or permit, among other things, issued under the Vehicle Code. This bill would require the department to require applicants for the special plates to submit the substantiating certificate, except as specified. The bill would require the physician or other person who signs the certificate to maintain information sufficient to substantiate that certificate and, upon request of the department, make that information available for inspection by the Medical Board of California. Because a violation of this requirement would be punishable as an infraction under the Vehicle Code, the bill would impose a state-mandated local program by creating a new crime. (3) The bill would make certain technical, nonsubstantive changes. (4) The bill would authorize the Department of Motor Vehicles to conduct an annual, random audit of applications submitted and processed by the department to verify the authenticity of the certificates and information. This authorization would only apply to those applications that were initially submitted to the department after January 1, 2001. (5) The bill would set forth legislative intent with regard to the disabled placard program. (6) 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. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature that the Department of Motor Vehicles do all of the following: (a) In cooperation with the Medical Board of California, the Department of Rehabilitation, and the Department of Aging, undertake necessary measures to strengthen the disabled person or disabled veteran distinguishing placard application and certification processes and review existing policies and procedures governing the investigation of placard misuse and fraud. (b) Update disabled person or disabled veteran distinguishing placard forms and program publications to ensure that applicants are aware of their rights and responsibilities with respect to the proper use of those placards and the penalties imposed for fraudulently obtaining or misusing placards. (c) Update its driver handbook publications and driver tests to ensure that the public is provided adequate information as to the appropriate use of designated parking spaces for the exclusive use of vehicles that display special identification plates or placards and the penalties imposed for violations of those provisions. (d) Conduct education outreach programs in concert with the disability community, senior organizations, and medical providers, in order to inform persons of the disabled person or disabled veteran distinguishing placard application and medical certification processes and the relating statutes, policies, and procedures governing placard misuse and fraud. SEC. 1.5. Section 1825 is added to the Vehicle Code, to read: 1825. (a) The department may conduct an annual, random audit of applications submitted and processed pursuant to Section 22511.55 or subdivision (b) or (c) of Section 22511.59 to verify the authenticity of the certificates and information submitted in support of those applications. (b) The audit provisions of subdivision (a) only apply to those applications that were initially submitted to the department after January 1, 2001. SEC. 2. Section 4461 of the Vehicle Code is amended to read: 4461. (a) No person may lend any certificate of ownership, registration card, license plate, special plate, validation tab, or permit issued to him or her if the person desiring to borrow it would not be entitled to its use, nor may any person knowingly permit its use by one not entitled to it. (b) No person to whom a disabled person placard has been issued may lend the placard to any other person, nor may any disabled person knowingly permit the use for parking purposes of the placard or identification license plate issued pursuant to Section 5007 by one not entitled to it. A person to whom a disabled person placard has been issued may permit another person to use the placard only while in the presence or reasonable proximity of the disabled person for the purpose of transporting the disabled person. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. (c) Except for the purpose of transporting disabled persons as specified in subdivision (b), no person may display any disabled person placard that was not issued to him or her or that has been canceled or revoked pursuant to Section 22511.6. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. (d) Notwithstanding subdivisions (a), (b), and (c), no person using a vehicle displaying a special identification license plate issued to another pursuant to Section 5007 may park in those parking stalls or spaces designated for disabled persons pursuant to Section 22511.7 or 22511.8, unless transporting a disabled person. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. (e) For the purposes of subdivisions (b) and (c), "disabled person placard" means a placard issued pursuant to Section 22511.55 or 22511.59. SEC. 3. Section 4463 of the Vehicle Code is amended to read: 4463. (a) Every person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than one year: (1) Alters, forges, counterfeits, or falsifies any certificate of ownership, registration card, certificate, license, license plate, device issued pursuant to Section 4853, special plate, or permit provided for by this code or any comparable certificate of ownership, registration card, certificate, license, license plate, device comparable to that issued pursuant to Section 4853, special plate, or permit provided for by any foreign jurisdiction, or alters, forges, counterfeits, or falsifies the document, device, or plate with intent to represent it as issued by the department, or alters, forges, counterfeits, or falsifies with fraudulent intent any endorsement of transfer on a certificate of ownership or other document evidencing ownership, or with fraudulent intent displays or causes or permits to be displayed or have in his or her possession any blank, incomplete, canceled, suspended, revoked, altered, forged, counterfeit, or false certificate of ownership, registration card, certificate, license, license plate, device issued pursuant to Section 4853, special plate, or permit. (2) Utters, publishes, passes, or attempts to pass, as true and genuine, any false, altered, forged, or counterfeited matter listed in subdivision (a) knowing it to be false, altered, forged, or counterfeited. (b) Every person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for six months or by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000), or by both that fine and imprisonment, which penalty shall not be suspended: (1) Forges, counterfeits, or falsifies any disabled person placard or any comparable placard relating to parking privileges for disabled persons provided for by any foreign jurisdiction, or forges, counterfeits, or falsifies any disabled person placard with intent to represent it as issued by the department. (2) Passes, or attempts to pass, as true and genuine, any false, forged, or counterfeit disabled person placard knowing it to be false, forged, or counterfeited. (3) Acquires, possesses, sells, or offers for sale a genuine or counterfeit disabled person placard. (c) Every person who, with fraudulent intent, displays or causes or permits to be displayed any forged, counterfeit, or false disabled person placard, is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for six months or by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000), or by both that fine and imprisonment, which penalty shall not be suspended. (d) For purposes of subdivision (b) or (c), "disabled person placard" means a placard issued pursuant to Section 22511.55 or 22511.59. SEC. 4. Section 5007 of the Vehicle Code is amended to read: 5007. (a) The department shall, upon application and without additional fees, issue a special identification license plate or plates to a disabled person or disabled veteran, pursuant to procedures adopted by the department. (b) The special identification plates issued to a disabled person or disabled veteran shall run in a regular numerical series which 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 any disabled person or disabled veteran a special identification license plate, the department shall require the submission of a certificate, in accordance with paragraph (2), signed by the physician or surgeon substantiating the disability, unless the applicant's disability is readily observable and uncontested. The disability of any person who has lost, or has lost use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor. The blindness of any applicant shall be certified by a licensed physician or surgeon who specializes in diseases of the eye or a licensed optometrist. (2) The physician or other person 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. (d) The special identification 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. 5. Section 22511.55 of the Vehicle Code is amended to read: 22511.55. (a) (1) Any 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 identification license plate or plates issued under Section 5007 for parking purposes described in Section 22511.5 when suspended from the rear view mirror or, if there is no rear view 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 and color determined by the department, 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. Whenever any application for a placard is submitted to the department on or after January 1 of the year of expiration, the fee shall be for the current and subsequent renewal period. (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 any placard holders identified as deceased. (3) The fee for an original application or renewal application is six dollars ($6). (4) Except as provided in paragraph (5), no person is eligible for more than one placard at any time. (5) 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 any disabled person or disabled veteran an original distinguishing placard, the department shall require the submission of a certificate, in accordance with paragraph (2), signed by the physician or surgeon substantiating the disability, unless the applicant's disability is readily observable and uncontested. The disability of any person who has lost, or has lost use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor. The blindness of any applicant shall be certified by a licensed physician or surgeon who specializes in diseases of the eye or a licensed optometrist. The physician or person certifying the qualifying disability shall provide a full description of the illness or disability on the form submitted to the department. (2) The physician or other person 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. (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) (1) Any person who has been issued a distinguishing placard pursuant to subdivision (a) may apply to the department for a substitute placard without recertification of eligibility, if that placard has been lost or stolen. (2) The fee for a substitute placard issued pursuant to paragraph (1) is six dollars ($6). (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. SEC. 6. Section 22511.59 of the Vehicle Code is amended to read: 22511.59. (a) Upon receipt of the applications and documents required by subdivisions (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) Any 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 or surgeon, 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 or other person 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. (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. (c) (1) Any 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 or other person 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. (4) A placard issued pursuant to this subdivision shall expire not later than 90 days from the date of issuance. (d) (1) Any disabled person or disabled veteran who has been issued either a distinguishing placard pursuant to Section 22511.55 or special identification license plates pursuant to Section 5007, but not both, may apply to the department for the issuance of the temporary distinguishing placard for the purpose of travel described in subdivision (a). (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 identification license plates. (3) A placard issued pursuant to this subdivision shall expire not later than 30 days from the date of issuance. (e) The fee for a placard issued pursuant to this section is six dollars ($6). SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.