BILL ANALYSIS
SENATE COMMITTEE ON VETERANS AFFAIRS
JEFF DENHAM, CHAIRMAN
Bill No: AB 1944
Author: Fletcher
Version: As amended June 10, 2010
Hearing Date: June 22, 2010
Fiscal: No
SUBJECT OF BILL
Veterans' license plates.
PROPOSED LAW
1. Requires the California Department of Motor
Vehicles (DMV) to accept certification from the
Federal Veterans' Administration (VA) of a veteran's
disability.
2. Uses the definition in Vehicle Code 295.7 to define
veterans who qualify under this law.
EXISTING LAW AND BACKGROUND
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 his military service, has a 100% disability
rating from the VA, 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 or who submit
certification to DMV from specified medical
professionals that substantiates their disability.
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 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 feed the meter.
COMMENT
1. Legislative Counsel says this bill is in conflict
with AB 1855 (Yamada), AB 2777 (Assembly
Transportation), SB 981 (Hollingsworth), and SB 1318
(Senate Transportation &Housing). Amendments are
needed to prevent chaptering out problems.
2. Vehicle Code section 295.7 has service-connection
included in the definition of qualifying veteran. A
standard doctor would not be able to verify
service-connection and would therefore open the system
up to false claims by having to rely on a patient's
assurances that the injury is service-connected.
3. Federal verification of service-connected
disabilities has a long established precedent in state
law. An 1892 law that allowed veterans to "hawk,
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peddle, or sale" on a street corner tax free if they
were unable to earn a living by manual labor required
a letter from an active duty physician who had treated
the soldier, sailor, or marine.
PRIOR ACTIONS
Assembly Transportation 14-0
Assembly Veterans' Affairs 9-0
Assembly Appropriations 16-0
Assembly Floor (Consent) 72-0
SUPPORT
American Legion, Department of California
AMVETS-Department of California
Vietnam Veterans of America, California State Council
No opposition received
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