BILL ANALYSIS
AB 1944
Page 1
Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
AB 1944 (Fletcher) - As Amended: March 18, 2010
SUBJECT : Special license plates: disabled veterans.
SUMMARY : 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.
1.Repeals requirements for applicants for disabled license
plates to submit documentation from specified medical
professionals substantiating their disabilities.
2.Requires the Department of Motor Vehicles (DMV), upon
application and without additional fees, to issue special
license plates to a disabled veteran, or an organization, or
agency involved in the transportation of disabled veterans, if
the vehicle that will have the special license plates is used
solely for the purpose of transporting those persons.
3.Requires the plates to run in a regular numerical series that
includes one or more unique two-letter codes reserved for
disabled veteran license plates. The International Symbol of
Access ("wheelchair symbol") is required to be depicted on
each plate.
4.Requires DMV, prior to issuing plates to an applicant, to
require certification from the California Department of
Veterans Affairs that the disabled veteran has a
service-connected disability.
5.Requires the California Department of Veterans Affairs to
retain information sufficient to substantiate the disabled
veteran's certificate and, upon request of DMV, to make that
information available for inspection by the Medical Board of
California or the appropriate regulatory board.
AB 1944
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6.Requires a disabled veteran issued plates under these
provisions to, 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.
7.Requires such certification to be on a form prescribed by the
Department of Motor Vehicles and to contain the name of the
disabled veteran to whom the plates were issued, and the name,
office address, and telephone number of the person from the
DVA who certified the eligibility of the veteran for the plate
or plates.
8.Exempts organizations and agencies that transport veterans
from the above certification requirements.
9.Requires special license plates, upon the death of the
disabled veteran, be returned to DMV within 60 days or upon
the expiration of the vehicle registration, whichever occurs
first.
10.Requires organizations and agencies that transport veterans
in vehicles displaying these special license plates to return
the plates immediately to DMV upon sale or transfer of any
such vehicle.
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 DVA,
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 to disabled
persons and disabled veterans whose disabilities are readily
observable and uncontested or who submit certification to DMV
from specified medical professionals that substantiates their
disability.
AB 1944
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4.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.
5.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
that 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.
6.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.
7.Allows Pearl Harbor survivors, Legion of Valor recipients,
former American Prisoners of War, Congressional Medal of Honor
recipients, and Purple Heart recipients to obtain license
plates that honor their status.
FISCAL EFFECT : Unknown.
COMMENTS : The author notes that although the criteria for the
being classified as a disabled veteran, as opposed to a disabled
person, are substantially different, in each instance the
applicant for special license plates must submit to DMV the same
type of verification from a medical professional. "Treating the
qualifications for these different plates as the same limits the
ability of veterans who have the right to qualify for the
plates and benefits." This bill would set out a separate and
distinct process for applicants for disabled veteran's plates,
such that the California Department of Veterans Affairs would be
asked to verify the applicant's service-connected disability and
would retain the substantiating information.
This bill, he asserts, "will make sure to protect the right of
disabled veterans to access the disabled veteran's license
plates and the privileges that go with it."
AB 1944
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The committee was unable to evaluate the California Departments
of Veterans Affairs certification process for verifying the
requests for disabled license plates. There have been concerns
raised by a recent audit about the ability of the California
Department of Veterans Affairs when certifying disabilities that
qualify veterans for other programs.
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion, Department of California
AMVETS, Department of California
Vietnam Veterans of America, CA State Council
Opposition
None on file.
Analysis Prepared by : Eric Worthen / V. A. / (916) 319-3550