BILL ANALYSIS
AB 1944
Page 1
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
AB 1944
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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
FN: 0005400