BILL NUMBER: AB 1138	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 14, 2004
	AMENDED IN ASSEMBLY  JANUARY 5, 2004
	AMENDED IN ASSEMBLY  MAY 12, 2003

INTRODUCED BY   Assembly Member Frommer

                        FEBRUARY 21, 2003

   An act to amend amend Sections  22511.56  
5007, 22511.56,  and 22511.57 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1138, as amended, Frommer.  Vehicles:  license plates and
placards:  parking privileges:  persons with disabilities.
   (1) Existing law authorizes the Department of Motor Vehicles to
issue special identification license plates or distinguishing
placards to disabled persons or disabled veterans for the purpose of
allowing parking for unlimited periods in specified zones.  
Any   A  person using a distinguishing placard for
these parking privileges is required to present identification and
evidence of the issuance of the placard upon the request of any peace
officer or person authorized to enforce parking laws.  Failure to
present the requested documents is a rebuttable presumption that the
placard is being misused and that the associated vehicle has been
illegally parked.  The officer or parking enforcement person is
authorized to confiscate any placard being used for parking purposes
that benefit  any   a  person other than
the person to whom the placard was issued, except as specified.
   This bill would extend these provisions to include special
identification license plates issued to disabled persons or disabled
veterans for the specified parking privileges.
   (2) Existing law authorizes local authorities to prohibit or
restrict the parking or standing of a vehicle on streets or highways
or from a disabled person's parking stall or space of a privately or
publicly owned or operated offstreet parking facility within their
jurisdiction when the vehicle displays a distinguishing placard and
the department's record for the identification number assigned to the
placard indicates that the card has been reported as lost or stolen,
or was issued to a person who has been reported as being deceased
for a period exceeding 60 days.
   This bill would extend the specified authority to include
situations where the department's records indicate that the
distinguishing placard is  no longer valid  
cancelled by the department for any reason  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
no   yes  . State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.   Section 5007 of the Vehicle Code is amended to
read: 
   5007.  (a) The department shall, upon application and without
additional fees, issue a special identification license plate or
plates to a disabled person or disabled veteran, pursuant to
procedures adopted by the department.
   (b) The special identification plates issued to a disabled person
or disabled veteran shall run in a regular numerical series 
which   that  shall include one or more unique
two-letter codes reserved for disabled person license plates or
disabled veteran license plates.  The International Symbol of Access
adopted pursuant to Section 3 of Public Law 100-641 commonly known as
the "wheelchair symbol" shall be depicted on each plate.
   (c) (1) Prior to issuing  any   a 
disabled person or disabled veteran a special identification license
plate, the department shall require the submission of a certificate,
in accordance with paragraph (2), signed by the physician or surgeon
substantiating the disability, unless the applicant's disability is
readily observable and uncontested.  The disability of  any
  a  person who has lost, or has lost use of, one
or more lower extremities or both hands, or who has significant
limitation in the use of lower extremities, may also be certified by
a licensed chiropractor.  The blindness of  any 
an  applicant shall be certified by a licensed physician or
surgeon who specializes in diseases of the eye or a licensed
optometrist.
   (2) The physician or other person 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.
   (d)  A disabled person or disabled veteran issued a license
plate or plates under this section shall, upon request, present to a
peace officer, or person authorized to enforce parking laws,
ordinances, or regulations, a certification form that substantiates
the eligibility of the disabled person or veteran to possess the
plate or plates.  The certification shall be on a form prescribed by
the department and contain the name of the disabled person or veteran
to whom the plate or plates were issued, a description of the
qualifying disability, and the name, address, and telephone number of
the medical professional described in subdivision (c) who certified
the eligibility of the person or veteran for the plate or plates.
   (e)  The special identification license plate shall, upon the
death of the disabled person or disabled veteran, be returned to the
department within 60 days or upon the expiration of the vehicle
registration, whichever occurs first.   
  SEC. 2.   Section 22511.56 of the Vehicle Code is amended to
read:
   22511.56.  (a) Any person using a distinguishing placard issued
under Section 22511.55 or 22511.59, or a special identification
license plate issued under Section 5007, for parking as permitted by
Section 22511.5 shall, upon request of any peace officer or person
authorized to enforce parking laws, ordinances, or regulations,
present identification and evidence of the issuance of that placard
or plate to that person.
   (b) Failure to present the requested identification and evidence
of the issuance of that placard or plate shall be a rebuttable
presumption that the placard or plate is being misused and that the
associated vehicle has been parked in violation of Section 22507.8
 , or has exercised any disabled person's parking privilege
pursuant to Section 22511.5  .
   (c) In addition to any other applicable penalty for the misuse of
a placard  or plate  , the officer or parking
enforcement person may confiscate a placard  or plate
 being used for parking purposes that benefit any person
other than the person to whom the placard  or plate 
was issued by the Department of Motor Vehicles.  A placard 
or plate  lawfully used by a person transporting a disabled
person pursuant to subdivision (b) of Section 4461 may not be
confiscated.   
  SEC. 2.   
   (d) After verification with the Department of Motor Vehicles that
the user of the placard is not the registered owner of the placard,
the appropriate agency that confiscated the placard shall notify the
department of the placard number and the department shall cancel the
placard.  A placard cancelled by the department pursuant to this
subdivision may be destroyed by the agency that confiscated the
placard.
  SEC. 3.   Section 22511.57 of the Vehicle Code is amended to
read:
   22511.57.  Local authorities may, by ordinance or resolution,
prohibit or restrict the parking or standing of a vehicle on streets
or highways or from a disabled person's parking stall or space of a
privately or publicly owned or operated offstreet parking facility
within their jurisdiction when the vehicle displays, in order to
obtain special parking privileges, a distinguishing placard issued
under Section 22511.55, and the Department of Motor Vehicles record
for the identification number assigned to the placard indicates that
the card has been  reported as lost or stolen  
cancelled by the department for any reason  , or was issued to a
person who has been reported as being deceased for a period
exceeding 60 days  , or is no longer valid  .