BILL NUMBER: SB 1123 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 17, 2012
INTRODUCED BY Senator De León
FEBRUARY 17, 2012
An act to amend Section Sections 4461,
22511.5, 22511.55 , and 22511.6 of the
Education Vehicle Code, relating to
parking vehicles .
LEGISLATIVE COUNSEL'S DIGEST
SB 1123, as amended, De León. Distinguishing placards:
renewal. Vehicles: disabled persons or disabled
veterans: parking placards.
(1) Existing law prohibits a person to whom a disabled person
placard has been issued from knowingly permitting the use of the
placard for parking purposes by one not entitled to the use of the
placard. Existing law also generally prohibits a person from
displaying a disabled person placard that was not issued to him or
her or that has been canceled or revoked. Existing law provides that
a violation of these provisions is punishable as either an infraction
or a misdemeanor.
This bill would additionally suspend the driver's license of the
person who violates the above-described provisions for 30 days and
would require that the person whose disabled parking placard was the
subject of a violation under the above provisions pay a civil penalty
of $100 upon his or her reapplication for a disabled person placard.
(2) Existing law permits a disabled person or disabled veteran
displaying special license plates or a distinguishing placard to park
for unlimited periods in any metered parking space without being
required to pay parking meter fees.
This bill would authorize a local jurisdiction that installs
parking meters that provide the option to park and pay for 10 hours
or more to require a disabled person or disabled veteran and pay
parking meter fees for the entire time that the vehicle occupies that
type of parking space. The bill would require the local jurisdiction
to ensure the installed parking meters are in compliance with the
federal Americans with Disabilities Act of 1990.
Existing
(3) Existing law authorizes the
Department of Motor Vehicles to issue and renew distinguishing
placards to disabled persons or disabled veterans to be used for
parking purposes, as described. Prior to issuing an original
distinguishing placard, existing law requires the submission of a
certificate, signed by an authorized health care professional,
providing a full description substantiating the applicant's
disability, unless the disability is readily observable and
uncontested. Existing law authorizes the department to require
any application or document filed with the department to be signed
and submitted under penalty of perjury.
This bill would additionally require that
the submission of that certificate prior to renewing
a distinguishing placard and would requ ire that
certificate to be signed under penalty of perjury. The bill would
impose a $100 civil penalty upon the reapplication for a placard by a
person who fails to notify the department of a lost or stolen
placard within 10 days of the date that the placard was lost or
stolen. The bill would also require the department to print on the
placard the penalties to which the owner of the placard or any person
who unlawfully uses the placard would be subject .
(4) Existing law authorizes the Department of Motor Vehicles to
cancel or revoke a distinguishing placard under any of 5 enumerated
circumstances, including, when the department is satisfied that the
placard was fraudulently obtained or erroneously issued.
This bill would instead require the department to cancel or revoke
the placard under any of these 5 circumstances.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4461 of the
Vehicle Code is amended to read:
4461. (a) A person shall not lend a certificate of ownership,
registration card, license plate, special plate, validation tab, or
permit issued to him or her if the person desiring to borrow it would
not be entitled to its use, and a person shall not knowingly permit
its use by one not entitled to it.
(b) A person to whom a disabled person placard has been issued
shall not lend the placard to another person, and a disabled person
shall not knowingly permit the use for parking purposes of the
placard or identification license plate issued pursuant to Section
5007 by one not entitled to it. A person to whom a disabled person
placard has been issued may permit another person to use the placard
only while in the presence or reasonable proximity of the disabled
person for the purpose of transporting the disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the procedures
set forth in Article 3 (commencing with Section 40200) of Chapter 1
of Division 17 or is a misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), imprisonment in the county jail for not more than
six months, or both that fine and imprisonment.
(c) Except for the purpose of transporting a disabled person as
specified in subdivision (b), a person shall not display a disabled
person placard that was not issued to him or her or that has been
canceled or revoked pursuant to Section 22511.6. A violation of this
subdivision is subject to the issuance of a notice of parking
violation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), for
which enforcement shall be governed by the procedures set forth in
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or is a misdemeanor punishable by a fine of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), imprisonment in the county jail for not more than six
months, or both that fine and imprisonment.
(d) Notwithstanding subdivisions (a), (b), and (c), a person using
a vehicle displaying a special identification license plate issued
to another pursuant to Section 5007 shall not park in those parking
stalls or spaces designated for disabled persons pursuant to Section
22511.7 or 22511.8, unless transporting a disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the procedures
set forth in Article 3 (commencing with Section 40200) of Chapter 1
of Division 17 or is a misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), imprisonment in the county jail for not more than
six months, or both that fine and imprisonment.
(e) A person who violates subdivision (b) or (c) shall have his or
her driver's license suspended for 30 days.
(e)
(f) For the purposes of subdivisions (b) and (c),
"disabled person placard" means a placard issued pursuant to Section
22511.55 or 22511.59.
SEC. 2. Section 22511.5 of the
Vehicle Code is amended to read:
22511.5. (a) (1) A disabled person or disabled veteran displaying
special license plates issued under Section 5007 or a distinguishing
placard issued under Section 22511.55 or 22511.59 is allowed to park
for unlimited periods in any of the following zones:
(A) In any restricted zone described in paragraph (5) of
subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.
(B) 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.
(2) A (A) Except as
provided in subparagraph (B), a disabled person or disabled
veteran is allowed to park in any metered parking space without being
required to pay parking meter fees.
(B) (i) If a local jurisdiction has installed parking meters that
provide the option to park and pay for 10 hours or more of parking,
the local jurisdiction may require a disabled person or disabled
veteran to pay parking meter fees for the entire time that the
vehicle occupies the parking space if the parking space has signage
giving notice of this requirement.
(ii) The local jurisdiction shall ensure that the installed
parking meters are in compliance with the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12111 et seq.), including,
but not limited to, a meter height that is appropriate for wheelchair
users and mid-curb cuts for wheelchairs.
(3) This subdivision does not apply to a zone for which state law
or ordinance absolutely prohibits stopping, parking, or standing of
all vehicles , or which
that the law or ordinance reserves for special types of
vehicles, or to the parking of a vehicle that is involved in the
operation of a street vending business.
(b) A disabled person or disabled veteran is allowed to park a
motor vehicle displaying a special disabled person license plate or
placard issued by a foreign jurisdiction with the same parking
privileges authorized in this code for any motor vehicle displaying a
special license plate or a distinguishing placard issued by the
Department of Motor Vehicles.
SECTION 1. SEC. 3. Section 22511.55
of the Vehicle Code is amended to read:
22511.55. (a) (1) (A) A disabled person or
disabled veteran may apply to the department for the issuance of a
distinguishing placard. The placard may be used in lieu of the
special license plate or plates issued under Section 5007 for parking
purposes described in Section 22511.5 when (A) suspended
if it is displayed in one of the following
ways:
(i) Suspended from the rearview
mirror , (B) if :
(ii) If there is no rearview
mirror, when displayed on the dashboard of a
vehicle , or (C) inserted :
(iii) Inserted in a clip
designated for a distinguishing placard and installed by the
manufacturer on the driver's side of the front window. It
(B) It is the intent of the
Legislature to encourage the use of distinguishing placards because
they provide law enforcement officers with a more readily
recognizable symbol for distinguishing vehicles qualified for the
parking privilege. The
(C) The placard shall be the
size, shape, and color determined by the department and shall bear
the International Symbol of Access adopted pursuant to Section 3 of
Public Law 100-641, commonly known as the "wheelchair symbol."
The
(D) The department shall
incorporate instructions for the lawful use of a placard, and a
summary of the penalties for the unlawful use of a placard, into the
identification card issued to the placard owner.
(2) (A) The department may establish procedures for the issuance
and renewal of the placards. The procedures shall include, but are
not limited to, advising an applicant in writing on the application
for a placard of the procedure to apply for a special license plate
or plates, as described in Section 5007, and the fee exemptions
established pursuant to Section 9105 and in subdivision (a) of
Section 10783 of the Revenue and Taxation Code. The placards shall
have a fixed expiration date of June 30 every two years. A portion of
the placard shall be printed in a contrasting color that shall be
changed every two years. The size and color of this contrasting
portion of the placard shall be large and distinctive enough to be
readily identifiable by a law enforcement officer in a passing
vehicle.
(B) As used in this section, "year" means the period between the
inclusive dates of July 1 through June 30.
(C) Prior to the end of each year, the department shall, for the
most current three years available, compare its record of disability
placards issued against the records of the Office of Vital Records of
the State Department of Public Health, or its successor, and
withhold any renewal notices that otherwise would have been sent for
a placardholder identified as deceased.
(3) Except as provided in paragraph (4), a person shall not be
eligible for more than one placard at a time.
(4) Organizations and agencies involved in the transportation of
disabled persons or disabled veterans may apply for a placard for
each vehicle used for the purpose of transporting disabled persons or
disabled veterans.
(b) (1) Except as provided in paragraph (4), prior to issuing an
original distinguishing placard to, or renewing that placard for, a
disabled person or disabled veteran, the department shall require the
submission of a certificate, in accordance with paragraph (2),
signed by the a physician and surgeon,
or to the extent that it does not cause a reduction in the receipt of
federal aid highway funds, by a nurse practitioner, certified nurse
midwife, or physician assistant, substantiating the disability,
unless the applicant's disability is readily observable and
uncontested. The disability of a person who has lost, or has lost use
of, one or more lower extremities or one hand, for a disabled
veteran, or both hands, for a disabled person, or who has significant
limitation in the use of lower extremities, may also be certified by
a licensed chiropractor. The blindness of an applicant shall be
certified by a licensed physician and surgeon who specializes in
diseases of the eye or a licensed optometrist. The physician and
surgeon, nurse practitioner, certified nurse midwife, physician
assistant, chiropractor, or optometrist certifying the qualifying
disability shall provide a full description of the illness or
disability on the form submitted to the department.
(2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(3) The applicant and any other person required to sign the
certificate submitted pursuant to paragraphs (1) and (2) shall sign
under penalty of perjury.
(3)
(4) The department shall maintain in its records all
information on an applicant's certification of permanent disability
and shall make that information available to eligible law enforcement
or parking control agencies upon a request pursuant to Section
22511.58.
(4)
(5) For a disabled veteran, the department shall
accept, in lieu of the certificate described in paragraph (1), a
certificate from the United States Department of Veterans Affairs
that certifies that the applicant is a disabled veteran as described
in Section 295.7.
(c) A person who is issued a distinguishing placard pursuant to
subdivision (a) may apply to the department for a substitute placard
without recertification of eligibility, if that placard is lost or
stolen and the person has notified the department in writing or
by means of its Internet Web site within 10 days of the date that the
placard was lost or stolen .
(d) The distinguishing placard shall be returned to the department
not later than 60 days after the death of the disabled person or
disabled veteran to whom the placard was issued.
(e) The department shall print on any distinguishing placard
issued on or after January 1, 2005, the maximum penalty that may be
imposed for a violation of Section 4461 on the person who owns
the placard or any person who unlawfully uses the placard
. For purposes of this subdivision, the "maximum penalty"
is the includes the suspension of the person'
s driver's license for 30 days for a violation of subdivision (b) or
(c) of Section 4461 and a penalty amount derived from adding
all of the following:
(1) The maximum fine that may be imposed under Section 4461.
(2) The penalty required to be imposed under Section 70372 of the
Government Code.
(3) The penalty required to be levied under Section 76000 of the
Government Code.
(4) The penalty required to be levied under Section 1464 of the
Penal Code.
(5) The surcharge required to be levied under Section 1465.7 of
the Penal Code.
(6) The penalty authorized to be imposed under Section 4461.3.
SEC. 4. Section 22511.6 of the
Vehicle Code is amended to read:
22511.6. (a) The Department of Motor Vehicles may
shall cancel or revoke a distinguishing placard
issued pursuant to Section 22511.55 or 22511.59 in any of
the following events if any of the following occurs
:
(1) When the department is satisfied that the placard was
fraudulently obtained or erroneously issued.
(2) When the department determines that the required fee has not
been paid and the fee is not paid upon reasonable notice and demand.
(3) When the placard could have been refused when last issued or
renewed.
(4) When the department determines that the owner of the placard
has committed any offense described in Section 4461 or 4463,
involving the placard to be canceled or revoked.
(5) When the department determines that the owner of the placard
is deceased.
(b) Whenever When the Department of
Motor Vehicles cancels or revokes a distinguishing placard, the owner
or person in possession of the placard shall immediately return the
placard to the department.