BILL NUMBER: AB 1944	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fletcher

                        FEBRUARY 17, 2010

   An act to amend Section 5007 of, and to add Section 5007.3 to, the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1944, as introduced, 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.
   This bill would delete "disabled veteran" from these provisions
and instead establish new requirements for the issuance of a special
license plate or plates to a disabled veteran or an organization or
agency involved in the transportation of those persons that would
require that the 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
service with the Armed Forces of the United States.
   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) 
    (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
 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 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  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  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)  
(2)  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) 
 (2)  of subdivision (a) is sold or transferred, the special
license plate or plates issued to an organization or agency under
paragraph  (3)   (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 the following:
   (1) A disabled veteran.
   (2) An organization or agency involved in the transportation of
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 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 a special license plate or plates to a
disabled veteran, the department shall require certification from the
Department of Veterans Affairs that the disabled veteran has a
service-connected disability described in Section 295.7.
   (2) The Department of Veterans Affairs shall retain information
sufficient to substantiate the disabled veteran's 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 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
Department of Veterans Affairs who certified the eligibility of the
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 (2) of subdivision (a).
   (f) 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.
   (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.