BILL ANALYSIS
AB 1855
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1855 (Yamada)
As Amended June 30, 2010
Majority vote
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|ASSEMBLY: |76-0 |(May 13, 2010) |SENATE: |33-0 |(August 2, |
| | | | | |2010) |
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Original Committee Reference: TRANS .
SUMMARY : Requires the Department of Motor Vehicles (DMV) to
advise applicants for disabled placards of how to apply for
disabled license plates. Specifically, this bill requires DMV
to include on the application for a disabled placard,
information advising the applicant, in writing, of the procedure
to apply for special license plates for disabled persons and
disabled veterans of the fee exemptions available for plates
issued to disabled veterans.
The Senate amendments :
1)Correct a reference to the Office of Vital Records of the
State Department of Public Health.
2)Add provisions to assure that this bill does not inadvertently
chapter out AB 1944 (Fletcher) or SB 1318 (Senate
Transportation and Housing Committee), pending bills that deal
with similar subjects.
EXISTING LAW :
1)Defines a disabled person as someone who suffers from one of a
specified list of disabilities regarding their extremities,
vision, respiratory ability, or cardiovascular function.
2)Defines a disabled veteran as someone who, as a result of
their military service, has a 100% disability rating from the
Department of Veterans' Affairs, is unable to move without the
aid of an assistant device, has lost use of one or more limbs,
or has suffered permanent blindness.
3)Authorizes the issuance of special license plates and
distinguishing placards to disabled persons and disabled
veterans whose disabilities are readily observable and
AB 1855
Page 2
uncontested or who submit certification to DMV from specified
medical professionals that substantiates their disability.
4)Exempts disabled veterans from the payment of vehicle
registration fees, other than those fees for duplicate plates,
certificates or cards and from the payment of vehicle license
fees (VLFs).
5)Makes it unlawful for any person to park or leave standing any
vehicle in a stall or space designated for disabled persons
and disabled veterans unless the vehicle displays either a
special identification license plate or a distinguishing
placard.
6)Allows a disabled person or disabled veteran displaying
special license plates or a distinguishing placard to park for
unlimited periods in specified restricted zones, on streets
upon which preferential parking privileges and height limits
have been granted by local authorities, or 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.
7)Allows a disabled person or disabled veteran displaying
special license plates or a distinguishing placard to park in
any metered parking space without being required to pay
parking meter fees.
AS PASSSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, this bill will have a minor impact on DMV
costs and fee revenues since the bill codifies existing DMV
practices.
COMMENTS : Special parking privileges are granted under
California law to disabled persons and to persons with military
service-connected disabilities. (The standards for judging the
disabilities of disabled veterans are similar to, but distinct
from, those for other disabled persons.) To take advantage of
these privileges, a person with a permanent disability may
obtain plates for one of his or her vehicles, or a placard which
may be hung from the rear view mirror of any vehicle in which he
or she is being transported. Persons with temporary
disabilities may only apply for placards which are valid for a
AB 1855
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specific timeframe and then expire. Thus, placards are
typically used only when a person's disability is temporary or
if he or she often travels in a variety of different vehicles.
The author notes that DMV's procedures for the issuance and
renewal of disabled placards and plates require disabled persons
to complete an "Application for Disabled Person Placard or
Plates" to secure a temporary or permanent placard or plates.
However, in order to qualify for a waiver from the VLF, a
permanently disabled veteran is required to complete a
"Miscellaneous Certifications" form.
The problem, according to the author, is that "the Disabled
Person Placard or Plates application does not direct a
permanently disabled veteran to the "Miscellaneous
Certifications application and DMV personnel do not ask
applicants if he or she is a veteran, which causes many veterans
to use the 'Disabled' application instead of the
'Certifications' application and lose the VLF exemption." This
bill is intended to assure that disabled veterans are directed
to the necessary form.
DMV has, in fact, acknowledged the problem targeted by the bill.
In a February 16 letter to the bill's author, DMV Director
George Valderde noted, "Based on your comments, the Department
is in the process of revising the Disabled Person Placard or
Plates form to include a note at the top of the form. The note
will inform disabled veterans to use the appropriate form and
letter from DVA if qualified for a no-fee DV plate."
Related legislation: AB 1944 (Fletcher), pending in the Senate,
would customize the application procedure for disabled veterans
plates.
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093
FN: 0005185