BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1944
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Fletcher
VERSION: 6/10/10
Analysis by: Mark Stivers FISCAL: yes
Hearing date: June 29, 2010
SUBJECT:
Disabled veteran license plates
DESCRIPTION:
This bill requires the Department of Motor Vehicles, when
evaluating applications for a disabled veteran license plates or
placards, to accept a certificate from the United States
Department of Veterans Administration certifying that the
applicant is a disabled veteran in lieu of a certificate signed
by a private doctor.
ANALYSIS:
Existing law allows a disabled veteran to apply to the
Department of Motor Vehicles (DMV) either for a special license
plate or parking placard that entitles the person to park free
and for unlimited time periods in disabled parking spaces, at
parking meters, in time-limited spaces, and in permit parking
zones. A disabled veteran is also exempt from the payment of
all vehicle license (VLF) and registration fees for one
passenger vehicle, motorcycle, or pick-up truck that is owned by
a disabled veteran and displays a disabled veteran license
plate.
The Vehicle Code defines a "disabled veteran" as any person who,
as a result of injury or disease suffered while on active
service with the armed forces of the United States:
Has a disability which has been rated at 100 percent by the
Department of Veterans Affairs or the military service from
which the veteran was discharged, due to a diagnosed disease
or disorder which substantially impairs or interferes with
AB 1944 (FLETCHER) Page 2
mobility.
Is so severely disabled as to be unable to move without the
aid of an assistant device.
Has lost, or has lost use of, one or more limbs.
Has suffered permanent blindness, as defined.
In order to issue a disabled veteran license plate or placard,
current law requires DMV to receive from the applicant a
certificate affirming the disability and signed by a specified
medical professional, unless the applicant's disability is
readily observable and uncontested. DMV must also receive a
United States Department of Veterans Administration (VA) form
documenting a qualifying service-connected disability. Prior to
2009, any VA employee could sign this form. As revised in May
2009, these forms require the signature of a physician for the
VA.
This bill requires DMV, when evaluating applications for a
disabled veteran license plates or placards, to accept a
certificate from the VA certifying that the applicant is a
disabled veteran in lieu of the certificate signed by a private
doctor.
COMMENTS:
1.Purpose of the bill . This bill arises from the experiences of
the author's constituents who have applied to DMV for disabled
veteran license plates or placards. According to the author,
until recently, non-physician VA staff were able to sign the
VA form certifying a person as a disabled veteran. State law,
however, requires applicants for disabled veteran plates and
placards to have the disability certified by a physician. As
a result, DMV insisted that applicants whose VA form was
signed by a non-physician obtain a second certification of the
disability from a private physician. VA has since changed its
forms to require the evaluating VA physician to sign the form
directly, thereby resolving the problem, but the author would
nonetheless like to clarify state statute just in case the VA
forms change again in the future.
2.Chaptering amendments needed . This bill has chaptering
conflicts with SB 1381 (Transportation and Housing Committee),
AB 1855 (Yamada), and AB 2777 (Transportation Committee). The
author will need to take chaptering amendments in committee or
at a later date.
AB 1944 (FLETCHER) Page 3
Previous Votes:
Sen VA: 4-0
Asm Floor: 72-0
Asm Appr: 16-0
Asm VA: 9-0
Asm Trans: 14-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 23, 2010)
SUPPORT: American Legion, Department of California
AMVETS-Department of California
California State Commanders Veterans Council
Vietnam Veterans of America, California State
Council
OPPOSED: None received.