BILL ANALYSIS
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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
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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
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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
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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
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