BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1944
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1944 (Fletcher)
          As Amended  July 1, 2010
          Majority vote
           
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          |ASSEMBLY:  |72-0 |(May 20, 2010)  |SENATE: |33-0 |(August 5,     |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:   TRANS.  

           SUMMARY  :  Enacts separate procedures for the review of  
          applications for disabled veterans license plates.  

           The Senate amendments  :  
           
           1)Require the Department of Motor Vehicles (DMV) to accept from  
            a disabled veteran a certificate from the U.S. Department of  
            Veterans Affairs that attests to the veteran's disability  
            status.  

          2)Prevent this bill from inadvertently chaptering out language  
            in AB 2777, AB 1855, and SB 1318, in the event that any or all  
            of those bills are enacted.  
           
          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 the  
            U.S. Department of Veteran Affairs, 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.  

          4)Makes it unlawful for any person to park or leave standing any  








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            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.  

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.  

           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  
          DVA 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."  

          Technical concern:  According to DMV, this bill appears  
          inadvertently to repeal the registration and vehicle license fee  
          exemptions currently enjoyed by the owners of vehicles that  
          transport disabled veterans.  There are several ways this  
          problem might be resolved.  In that there are the inevitable DMV  








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          data processing issues involved, the author may wish to work  
          with DMV to craft amendments that restore these fee exemptions  
          in a manner that does not cause an undue burden for DMV in  
          administering its provisions.  

           Double referral  :  This bill was also referred to the Committee  
          on Veterans Affairs.  

           
          Analysis Prepared by  :   Howard Posner / TRANS. / (916) 319-2093 


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