BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 1944|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                    CONSENT


          Bill No:  AB 1944
          Author:   Fletcher (R)
          Amended:  7/1/10 in Senate
          Vote:     21

           
           SENATE VETERANS AFFAIRS COMMITTEE  :  4-0, 6/22/10
          AYES:  Denham, Correa, Negrete McLeod, Cedillo
          NO VOTE RECORDED:  Wyland, Vacancy, Vacancy

           SENATE TRANS. & HOUSING COMMITTEE  :  8-0, 6/29/10
          AYES:  Lowenthal, Huff, DeSaulnier, Harman, Kehoe, Pavley,  
            Simitian, Wolk
          NO VOTE RECORDED:  Ashburn

           SENATE APPROPRIATIONS COMMITTEE  : Senate Rule 28.8

           ASSEMBLY FLOOR  :  72-0, 5/20/10 - See last page for vote


           SUBJECT  :    Vehicles:  special license plates:  disabled  
          veterans

           SOURCE  :     Author


           DIGEST  :    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 Untied States Department of Veterans  
          Administration certifying that the applicant is a disabled  
          veteran in lieu of a certificate signed by a private  
          doctor.
                                                           CONTINUED





                                                               AB 1944
                                                                Page  
          2


           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:

          1. 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 mobility.

          2. Is so severely disabled as to be unable to move without  
             the aid of an assistant device.

          3. Has lost, or has lost use of, one or more limbs.

          4. 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 form documenting a qualifying  
          service-connected disability.  Prior to 2009, any Veterans  
          Administration employee could sign this form.  As revised  
          in May 2009, these forms require the signature of a  
          physician for the Veterans Administration.  

          This bill requires DMV, when evaluating applications for a  
          disabled veteran license plates or placards, to accept a  
          certificate from the Veterans Administration certifying  







                                                               AB 1944
                                                                Page  
          3

          that the applicant is a disabled veteran in lieu of the  
          certificate signed by a private doctor.

           Comments

           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's  
          office, until recently, non-physician Veterans  
          Administration staff was able to sign the Veterans  
          Administration 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 Veterans Administration form was signed by  
          a non-physician obtain a second certification of the  
          disability from a private physician.  Veterans  
          Administration has since changed its forms to require the  
          evaluating Veterans Administration physician to sign the  
          form directly, thereby resolving the problem, but the  
          author would nonetheless like to clarify state statute just  
          in case the Veterans Administration forms change again in  
          the future.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/2/10)

          American Legion, Department of California
          AMVETS-Department of California
          California State Commanders Veterans Council
          Vietnam Veterans of America, California State Council


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  
            Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,  
            Davis, De Leon, DeVore, Emmerson, Eng, Feuer, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Hayashi, Hernandez, Hill, Huber,  
            Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie  







                                                               AB 1944
                                                                Page  
          4

            Lowenthal, Ma, Mendoza, Miller, Monning, Nestande,  
            Niello, Nielsen, Norby, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,  
            Audra Strickland, Swanson, Torlakson, Torres, Torrico,  
            Tran, Yamada
          NO VOTE RECORDED:  De La Torre, Evans, Fletcher, Harkey,  
            Nava, Villines, John A. Perez, Vacancy


          TSM:do  8/3/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****