Version:

This

Commencing January 1, 2018, this bill would delete the authority of a disabled person or disabled veteran who has been issued a placard as described above to park for an unlimited period in restricted zones and to park in metered spaces without paying parking meter fees. The bill would also bill, commencing January 1, 2018, instead, would authorize specified disabled persons and disabled veterans to apply for a free-parking sticker, which, when properly affixed to the distinguishing placard, additionally free-parking status, as specified, which would authorize the owner person to park in any metered parking space, as defined, specified metered and unmetered parking spaces without being required to pay fees and for an unlimited period of time. The bill would require the department, commencing January 1, 2017, to begin to notify existing holders of a disabled driver placard of these changes to the disabled persons parking program, as specified.

This bill would require an applicant to provide certification of his or her disability by a physician and surgeon, nurse practitioner, certified nurse midwife, physician assistant, chiropractor, or optometrist, as specified. To knowingly provide a false disability certification for a disabled parking placard, or a free-parking sticker, emblem, or other indicia of free-parking status, would constitute unprofessional conduct and grounds for disciplinary action for any person regulated under specified provisions of law.

Under existing law, a person to whom a disabled person placard has been issued is prohibited from various acts, including including, but not limited to, lending the placard to another person and person, knowingly permitting use for parking purposes of the placard by one not entitled to it. it, or forgery, counterfeiting, or sale of the placard. Existing law also prohibits a person from displaying a placard that was not issued to him or her or that has been canceled or revoked. These acts are subject to the issuance of a notice of parking violation imposing a civil penalty, as prescribed, and constitute a misdemeanor punishable by a specified fine, imprisonment in the county jail, or both the fine and imprisonment.

This bill would extend the above penalty provisions to acts involving misuse including, but not limited to, forging, misuse, counterfeiting, or sale of a free-parking sticker. sticker, emblem, or other indicia of free-parking status issued by the department. The bill also would require an application for free-parking status under the bill to be signed under penalty of perjury. The bill would make those provisions operative January 1, 2018. By creating new crimes, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law authorizes a disabled person or disabled veteran to apply to the Department of Motor Vehicles (DMV) for the issuance of a distinguishing license plate or placard that entitles the person or veteran to park various privileges, including parking in spaces designated for owners of those license plates and placards, parking for unlimited periods in a restricted zone, as specified, and to park parking in metered spaces without paying parking meter fees. Existing law requires the distinguishing placard to be returned to the DMV not later than 60 days after the death of the person to whom the placard was issued. Existing law prohibits the DMV from issuing a distinguishing placard unless a certificate substantiating the persons disability is signed by a physician, nurse practitioner, certified nurse midwife, or physician assistant, unless the persons disability is readily observable and uncontested.

This bill would authorize a local authority to require a disabled person or disabled veteran to pay parking meter fees and to prohibit a disabled person or disabled veteran from parking for a period that exceeds the length of time permitted for that parking zone, pursuant to an ordinance or resolution adopted by the local authority at an open meeting, if specified conditions are satisfied. The bill would also require the DMV, if it becomes aware that a person to whom a disabled person parking placard was issued is deceased, to notify the informant identified on the certificate of death of his or her legal responsibility to return the placard and to provide instructions on how to do so. The bill would require, as a prerequisite for the issuance or renewal of a distinguishing placard, that the certificate substantiating the persons disability be signed under penalty of perjury.

By expanding the crime of perjury, this bill would impose a state-mandated local program.

This bill would delete the authority of a disabled person or disabled veteran who has been issued a placard as described above to park for an unlimited period in restricted zones and to park in metered spaces without parking meter fees. The bill would also authorize specified disabled persons and disabled veterans to apply for a free-parking sticker, which, when properly affixed to the distinguishing placard, additionally would authorize the owner to park in any metered parking space, as defined, without being required to pay fees and for an unlimited period of time.

Under existing law, a person to whom a disabled person placard has been issued is prohibited from various acts, including lending the placard to another person and knowingly permitting use for parking purposes of the placard by one not entitled to it. Existing law also prohibits a person from displaying a placard that was not issued to him or her or that has been canceled or revoked. These acts are subject to the issuance of a notice of parking violation imposing a civil penalty, as prescribed, and constitute a misdemeanor punishable by a specified fine, imprisonment in the county jail, or both the fine and imprisonment.

This bill would extend the above penalty provisions to acts involving misuse of a free-parking sticker. By creating new crimes, the bill would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law authorizes a disabled person to apply to the Department of Motor Vehicles (DMV) for the issuance of a distinguishing license plate or placard that entitles the person to park for unlimited periods in a restricted zone, as specified, and to park in metered spaces without paying parking meter fees. Existing law requires the distinguishing placard to be returned to the DMV not later than 60 days after the death of the person to whom the placard was issued. Existing law prohibits the DMV from issuing a distinguishing placard unless a certificate substantiating the persons disability is signed by a physician, nurse practitioner, certified nurse midwife, or physician assistant, unless the persons disability is readily observable and uncontested.

By expanding the crime of perjury, this bill would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law authorizes a disabled person or disabled veteran displaying a special license plate or a distinguishing placard issued by the Department of Motor Vehicles or a foreign jurisdiction to park for unlimited periods in a restricted zone or parking zone, as specified, and to park in metered spaces without paying parking meter fees.

This bill would make technical, nonsubstantive changes to this provision.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 734 is added to the Business and Professions Code, to read:734.

To knowingly provide a false certification under subdivision (b) of Section 22511.55 of, or subdivision (c) of Section 22511.551 of, the Vehicle Code is unprofessional conduct and grounds for disciplinary action for any physician and surgeon, nurse practitioner, certified nurse midwife, physician assistant, chiropractor, or optometrist regulated under this division or under any initiative act referred to in this division.

SECTION 1.SEC. 2.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 or sticker placard, or, commencing January 1, 2018, a free-parking sticker, emblem, or other indicia of free-parking status, has been issued shall not lend the placard or sticker free-parking sticker, emblem, or other indicia of free-parking status to another person, and a disabled person shall not knowingly permit the use for parking purposes of the placard, sticker, free-parking sticker, emblem, or other indicia of free-parking status, or identification license plate issued pursuant to Section 5007 by one not entitled to it. A person to whom a disabled person placard or sticker free-parking sticker, emblem, or other indicia of free-parking status has been issued may permit another person to use the placard or free-parking sticker, emblem, or other indicia of free-parking status 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 or sticker placard, or, commencing January 1, 2018, a free-parking sticker, emblem, or other indicia of free-parking status, 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)For the purposes of subdivisions (b) and (c), disabled person placard means a placard issued pursuant to Section 22511.55 or 22511.59, and sticker means a free-parking sticker issued free-parking sticker, emblem, or other indicia of free-parking status designates a sticker, emblem, or other indicia of that status issued by the department pursuant to Section 22511.551.

SEC. 3.Section 4463 of the Vehicle Code is amended to read:4463.

(a)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by imprisonment in a county jail for not more than one year:

(1)Alters, forges, counterfeits, or falsifies a certificate of ownership, registration card, certificate, license, license plate, device issued pursuant to Section 4853, special plate, or permit provided for by this code or a comparable certificate of ownership, registration card, certificate, license, license plate, device comparable to that issued pursuant to Section 4853, special plate, or permit provided for by a foreign jurisdiction, or alters, forges, counterfeits, or falsifies the document, device, or plate with intent to represent it as issued by the department, or alters, forges, counterfeits, or falsifies with fraudulent intent an endorsement of transfer on a certificate of ownership or other document evidencing ownership, or with fraudulent intent displays or causes or permits to be displayed or have in his or her possession a blank, incomplete, canceled, suspended, revoked, altered, forged, counterfeit, or false certificate of ownership, registration card, certificate, license, license plate, device issued pursuant to Section 4853, special plate, or permit.

(2)Utters, publishes, passes, or attempts to pass, as true and genuine, a false, altered, forged, or counterfeited matter listed in paragraph (1) knowing it to be false, altered, forged, or counterfeited.

(b)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in a county jail for six months, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended:

(1) Forges, counterfeits, or falsifies a disabled person placard or a comparable placard relating to parking privileges for disabled persons provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a disabled person placard placard, or, commencing January 1, 2018, a free-parking sticker, emblem, or other indicia of free-parking status, with intent to represent it as issued by the department.(2) Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit disabled person placard placard, or, commencing January 1, 2018, a free-parking sticker, emblem, or other indicia of free-parking status, knowing it to be false, forged, or counterfeited.(3) Acquires, possesses, sells, or offers for sale a genuine or counterfeit disabled person placard. placard, or, commencing January 1, 2018, a free-parking sticker, emblem, or other indicia of free-parking status.

(c)A person who, with fraudulent intent, displays or causes or permits to be displayed a forged, counterfeit, or false disabled person placard, or, commencing January 1, 2018, a free-parking sticker, emblem, or other indicia of free-parking status, 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 guilty of a misdemeanor punishable by imprisonment in a county jail for six months, a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), or both that fine and imprisonment, which penalty shall not be suspended.

(d)For purposes of subdivision (b) or (c), disabled person placard means a placard issued pursuant to Section 22511.55 or 22511.59. Free-parking sticker, emblem, or other indicia of free-parking status indicates a free-parking sticker, emblem, or other indicia of that status issued by the department pursuant to Section 22511.551.

(e)A person who, with intent to prejudice, damage, or defraud, commits any of the following acts is guilty of an infraction, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) and not more than two hundred fifty dollars ($250) for a first offense, not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) for a second offense, and not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for a third or subsequent offense, which penalty shall not be suspended:

(1)Forges, counterfeits, or falsifies a Clean Air Sticker or a comparable clean air sticker relating to high occupancy vehicle lane privileges provided for by a foreign jurisdiction, or forges, counterfeits, or falsifies a Clean Air Sticker with intent to represent it as issued by the department.

(2)Passes, or attempts to pass, as true and genuine, a false, forged, or counterfeit Clean Air Sticker knowing it to be false, forged, or counterfeited.

(3)Acquires, possesses, sells, or offers for sale a counterfeit Clean Air Sticker.

(4)Acquires, possesses, sells, or offers for sale a genuine Clean Air Sticker separate from the vehicle for which the department issued that sticker.

(f)As used in this section, Clean Air Sticker means a label or decal issued pursuant to Sections 5205.5 and 21655.9.

SEC. 2.Section 22511.5 of the Vehicle Code is repealed.SEC. 4.Section 22511.5 of the Vehicle Code is amended to read:22511.5.

(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 disabled person or disabled veteran is allowed to park in any metered parking space without being required to pay parking meter fees.

(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 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.

(c)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.

SEC. 3.SEC. 5.Section 22511.5 is added to the Vehicle Code, 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 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.

(2)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 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.

(c)This section shall become operative on January 1, 2018.

SEC. 4.SEC. 6.Section 22511.55 of the Vehicle Code is amended to read:22511.55.

(a)(1)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 from the rearview mirror, (B) if there is no rearview mirror, when displayed on the dashboard of a vehicle, or (C) inserted in a clip designated for a distinguishing placard and installed by the manufacturer on the drivers side of the front window. 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 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 department shall incorporate instructions for the lawful use of a placard, instructions for affixing placard and, commencing January 1, 2018, for the display of a free-parking sticker sticker, emblem, or other indicia of free-parking status issued pursuant to Section 22511.551, and a summary of the penalties for the unlawful use of a placard, placard or free-parking status, 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, department, for the most current three years available, shall 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 a disabled person or disabled veteran, the department shall require the submission of a certificate, in accordance with paragraph (2), signed by the 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 applicants 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 department shall maintain in its records all information on an applicants 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)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.

(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. For purposes of this subdivision, the maximum penalty is the 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. 5.SEC. 7.Section 22511.551 is added to the Vehicle Code, to read:22511.551.

(a)(1)Notwithstanding any other law, commencing January 1, 2018, a disabled person or disabled veteran who has been issued a distinguishing placard under Section 22511.55 or 22511.59 and who meets the criteria specified in subdivision (b) may apply, pursuant to this section, for a free-parking sticker, which shall be yellow in color and shall be affixed to a placard issued pursuant to Section 22511.55 or 22511.59. status. An application for free-parking status granted under this section shall be signed by the applicant under penalty of perjury.

(A)Free-parking status granted pursuant to this section shall be indicated by affixing a sticker or emblem to the placard issued pursuant to Section 22511.55 or 22511.59, or by another indicia of free-parking status as determined by the department.

(B)Commencing January 1, 2017, the department shall begin notifying all holders of a placard issued pursuant to Section 22511.55 or 22511.59 of the availability of free-parking status pursuant to this section and the related changes to the disabled persons parking program operative January 1, 2018. Notification pursuant to this subparagraph shall be completed no later than January 1, 2018.

(2)The owner of a sticker that is properly affixed to a placard (A)A person granted free-parking status under this section may park in any metered parking space without being required to pay parking fees and for an unlimited period of time. For purposes of this section, metered parking space includes a parking space regulated by a parking meter designated for an individual parking space and a parking payment center designated for one or more parking spaces.

(B)A person granted free-parking status under this section may park 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.

(3)The department may establish procedures for the issuance and renewal of the stickers. of a free-parking sticker, emblem, or other indicia of free-parking status. The procedures shall include, but are not limited to, advising an applicant in writing on the application for a sticker free-parking status of the procedure to apply for a special license plate or plates, as described in Section 5007. The stickers shall have a fixed expiration date of June 30 every four years. A free-parking sticker, emblem, or other indicia of free-parking status shall expire according to the same schedule as the underlying distinguishing placard.

(b)(1)An applicant for a free-parking sticker free-parking status under this section shall provide certification pursuant to subdivision (c) that the applicant is unable to perform one or more of the following activities:

(1)

(A)Manage, manipulate, or insert coins, coins or cards, or obtain tickets or tokens at parking meters or parking payment centers, due to the lack of fine motor control of both hands. a physical disability.

(2)

(B)Reach above his or her head to a height of 42 inches from the ground due to a lack of finger, hand, or upper extremity strength or mobility.

(3)

(C)Approach a parking meter due to his or her use of a wheelchair or other device. wheelchair, walker, or other mobility device, or if his or her medical provider determines that the disability would make it unsafe for the individual to let go of the mobility device to operate a meter or payment center.

(4)

(D)Walk more than 20 feet due to an orthopedic, neurological, cardiovascular, or lung condition in which the degree of debilitation is so severe that it almost completely impedes the ability to walk.

(2)Except as provided in paragraph (3), a person shall not be eligible for more than one free-parking sticker, emblem, or other indicia of free-parking status at a time.

(3)Organizations and agencies involved in the transportation of disabled persons or disabled veterans may apply for free-parking status for each vehicle used for the purpose of transporting eligible disabled persons or disabled veterans.

(c)(1)Prior to issuing an original sticker to a disabled person or disabled veteran, Except as provided in paragraph (4), prior to issuance or renewal of a free-parking sticker, emblem, or other indicia of free-parking status, the department shall require the submission of a certificate, in accordance with paragraph (2), signed by the 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 applicants disability is readily observable and uncontested. disability. 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 qualifying condition on the form submitted to the department.

(3)A person who is issued a sticker free-parking sticker, emblem, or other indicia of free-parking status pursuant to subdivision (a) may apply to the department for a substitute sticker sticker, emblem, or other indicia of free-parking status without recertification of eligibility, if that sticker sticker, emblem, or other indicia of free-parking status is lost or stolen.

(d)The department may establish a fee for issuance of a sticker pursuant to this section, which shall not exceed the reasonable costs of implementing the sticker program.

(4)An individual whose disability is readily observable and uncontested shall not be required to recertify his or her disability pursuant to this subdivision.

(e)

(d)Notwithstanding any other law, the maximum fine that may be imposed under Section 4461 constitutes the maximum penalty that may be imposed for a violation of Section 4461 based on the misuse of a sticker free-parking sticker, emblem, or other indicia of free-parking status issued under this section.

SEC. 8.Section 22511.6 of the Vehicle Code is amended to read:22511.6.

(a)The Department of Motor Vehicles may cancel or revoke a distinguishing placard issued pursuant to Section 22511.55 or 22511.59 in any of the following events: and, commencing January 1, 2018, free-parking status granted pursuant to Section 22511.551, under any of the following circumstances:

(1)When If the department is satisfied that the placard or free-parking status was fraudulently obtained or erroneously issued.

(2)When If the department determines that the required fee has not been paid and the fee is not paid upon reasonable notice and demand.

(3)When If the placard or free-parking status could have been refused when last issued or renewed.

(4)When If the department determines that the owner holder of the placard or free-parking status has committed any offense described in Section 4461 or 4463, involving the placard or free-parking sticker, emblem, or other indicia of free-parking status to be canceled or revoked.

(5)When If the department determines that the owner holder of the placard or free-parking status is deceased.

(b)Whenever the Department of Motor Vehicles If the department cancels or revokes a distinguishing placard, the owner holder or person in possession of the placard shall immediately return the placard to the department.

(c)If the department cancels or revokes free-parking status granted pursuant to Section 22511.551, the holder or person in possession shall immediately return to the department any sticker, emblem, or other indicia of that status.

SEC. 6.SEC. 9.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

The people of the State of California do enact as follows:SECTION 1.Section 4461 of the Vehicle Code is amended to read:4461.

(b)A person to whom a disabled person placard or sticker has been issued shall not lend the placard or sticker to another person, and a disabled person shall not knowingly permit the use for parking purposes of the placard placard, sticker, or identification license plate issued pursuant to Section 5007 by one not entitled to it. A person to whom a disabled person placard or sticker 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 or sticker 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.

(e)For the purposes of subdivisions (b) and (c), disabled person placard means a placard issued pursuant to Section 22511.55 or 22511.59. 22511.59, and sticker means a free-parking sticker issued pursuant to Section 22511.551.

SEC. 2.Section 22511.5 of the Vehicle Code is repealed.22511.5.

(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 disabled person or disabled veteran is allowed to park in any metered parking space without being required to pay parking meter fees.

SEC. 3.Section 22511.5 is added to the Vehicle Code, to read:22511.5.

SEC. 4.Section 22511.55 of the Vehicle Code is amended to read:22511.55.

(a)(1)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 from the rearview mirror, (B) if there is no rearview mirror, when displayed on the dashboard of a vehicle, or (C) inserted in a clip designated for a distinguishing placard and installed by the manufacturer on the drivers side of the front window. 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 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 department shall incorporate instructions for the lawful use of a placard, instructions for affixing a free-parking sticker issued pursuant to Section 22511.551, and a summary of the penalties for the unlawful use of a placard, into the identification card issued to the placard owner.

(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.

(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.

(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. 5.Section 22511.551 is added to the Vehicle Code, to read:22511.551.

(a)(1)Notwithstanding any other law, a disabled person or disabled veteran who has been issued a distinguishing placard under Section 22511.55 or 22511.59 and who meets the criteria specified in subdivision (b) may apply, pursuant to this section, for a free-parking sticker, which shall be yellow in color and shall be affixed to a placard issued pursuant to Section 22511.55 or 22511.59.

(2)The owner of a sticker that is properly affixed to a placard may park in any metered parking space without being required to pay parking fees and for an unlimited period of time. For purposes of this section, metered parking space includes a parking space regulated by a parking meter designated for an individual parking space and a parking payment center designated for one or more parking spaces.

(3)The department may establish procedures for the issuance and renewal of the stickers. The procedures shall include, but are not limited to, advising an applicant in writing on the application for a sticker of the procedure to apply for a special license plate or plates, as described in Section 5007. The stickers shall have a fixed expiration date of June 30 every four years.

(b)An applicant for a free-parking sticker under this section shall provide certification pursuant to subdivision (c) that the applicant is unable to perform one or more of the following activities:

(1)Manage, manipulate, or insert coins, or obtain tickets or tokens at parking meters or parking payment centers, due to the lack of fine motor control of both hands.

(2)Reach above his or her head to a height of 42 inches from the ground due to a lack of finger, hand, or upper extremity strength or mobility.

(3)Approach a parking meter due to his or her use of a wheelchair or other device.

(4)Walk more than 20 feet due to an orthopedic, neurological, cardiovascular, or lung condition in which the degree of debilitation is so severe that it almost completely impedes the ability to walk.

(c)(1)Prior to issuing an original sticker to a disabled person or disabled veteran, the department shall require the submission of a certificate, in accordance with paragraph (2), signed by the 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 applicants disability is readily observable and uncontested. 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 qualifying condition on the form submitted to the department.

(3)A person who is issued a sticker pursuant to subdivision (a) may apply to the department for a substitute sticker without recertification of eligibility, if that sticker is lost or stolen.

(d)The department may establish a fee for issuance of a sticker pursuant to this section, which shall not exceed the reasonable costs of implementing the sticker program.

(e)Notwithstanding any other law, the maximum fine that may be imposed under Section 4461 constitutes the maximum penalty that may be imposed for a violation of Section 4461 based on the misuse of a sticker issued under this section.

SECTION 1.Section 22511.5 of the Vehicle Code is amended to read:22511.5.

(a)(1)A disabled person or disabled veteran displaying a special license plate issued under Section 5007 or a distinguishing placard issued under Section 22511.55 or 22511.59 may park for unlimited periods in any of the following zones:

(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 disabled person or disabled veteran may park in any metered parking space without being required to pay parking meter fees.

(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 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)Notwithstanding subdivision (a), a local authority may require a disabled person or disabled veteran to pay parking meter fees, and may prohibit a disabled person or disabled veteran from parking for a period that exceeds the length of time permitted for that parking zone, pursuant to an ordinance or resolution adopted by the local authority at an open meeting, if all of the following requirements are satisfied:

(1)The local authority performs a self-assessment of its compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) with regard to its provision of parking spaces that are accessible to disabled persons.

(2)The assessment is made publicly available on an Internet Web site at least 30 days prior to the meeting to discuss the proposed ordinance or resolution.

(3)The public is provided with an opportunity to comment on the assessment and proposed ordinance or resolution at the meeting.

(4)The local authority posts signs indicating that a person displaying a special license plate or placard is required to pay parking meter fees and is prohibited from parking for a period that exceeds the permitted length of time.

(5)The local authority makes all reasonable accommodations, including the provision of free parking for individuals who, by virtue of their disability, are unable to insert payment into a parking meter.

(c)A disabled person or disabled veteran may 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.

SEC. 2.Section 22511.55 of the Vehicle Code is amended to read:22511.55.

(a)(1)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 from the rearview mirror, (B) if there is no rearview mirror, when displayed on the dashboard of a vehicle, or (C) inserted in a clip designated for a distinguishing placard and installed by the manufacturer on the drivers side of the front window. 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 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 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.

(B)As used in this section, year means the period between the inclusive dates of July 1 through June 30.

(3)Except as provided in paragraph (4), a person shall not be eligible for more than one placard at a time.

(b)(1)Except as provided in paragraph (4), prior to issuing or renewing a distinguishing placard to a disabled person or disabled veteran, the department shall require the submission of a certificate, in accordance with paragraph (2), signed under penalty of perjury by the 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 applicants 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.

(d)(1)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.

(2)If the department becomes aware that the person to whom the placard was issued is deceased, the department shall notify the informant identified on the certificate of death of his or her legal responsibility to return the placard to the department and provide instructions on how to do so.

(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. 3.SEC. 6.

The people of the State of California do enact as follows:SECTION 1.Section 22511.5 of the Vehicle Code is amended to read:22511.5.

(a)(1)A disabled person or disabled veteran displaying a special license plate issued under Section 5007 or a distinguishing placard issued under Section 22511.55 or 22511.59 is allowed to may park for unlimited periods in any of the following zones:

(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 disabled person or disabled veteran may park in any metered parking space without being required to pay parking meter fees.

(2)The assessment is made publicly available on an Internet Web site at least 30 days prior to the meeting to discuss the proposed ordinance or resolution.

(3)The public is provided with an opportunity to comment on the assessment and proposed ordinance or resolution at the meeting.

(b)

(c)A disabled person or disabled veteran is allowed to may 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.

SEC. 2.Section 22511.55 of the Vehicle Code is amended to read:22511.55.

(a)(1)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 from the rearview mirror, (B) if there is no rearview mirror, when displayed on the dashboard of a vehicle, or (C) inserted in a clip designated for a distinguishing placard and installed by the manufacturer on the drivers side of the front window. 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 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 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.

(B)As used in this section, year means the period between the inclusive dates of July 1 through June 30.

(3)Except as provided in paragraph (4), a person shall not be eligible for more than one placard at a time.

(b)(1)Except as provided in paragraph (4), prior to issuing an original or renewing a distinguishing placard to a disabled person or disabled veteran, the department shall require the submission of a certificate, in accordance with paragraph (2), signed under penalty of perjury by the 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 applicants 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.

(d)(1)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.

(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. 3.

Date	Status
Feb 19, 2016	Introduced. To print.
Feb 21, 2016	From printer. May be heard in committee March 22.
Feb 22, 2016	Read first time.
Mar 17, 2016	Referred to Coms. on TRANS. and L. GOV.
Mar 18, 2016	From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
Mar 28, 2016	Re-referred to Com. on TRANS.
Mar 31, 2016	In committee: Hearing postponed by committee.
Apr 4, 2016	From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
Apr 5, 2016	Re-referred to Com. on TRANS.
Apr 12, 2016	From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 11). Re-referred to Com. on APPR.
May 11, 2016	From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
May 12, 2016	Re-referred to Com. on APPR.
May 18, 2016	In committee: Set, first hearing. Referred to APPR. suspense file.
May 27, 2016	In committee: Held under submission.

Date	Description	Location	Votes
Apr 11, 2016	Do pass and be re-referred to the Committee on [Appropriations]	Assembly Standing Committee on Transportation	10 0 6 Passed

Key

Pro

Against

Did Not Vote

This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.

Positions by individuals are not included.

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Organization	Position	Date
Association of California State Employees with Disabilities	* Against	Apr 11, 2016
California Disability Rights	* Against	Apr 11, 2016
Sacramento, County Of	* Support	Apr 11, 2016

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Date of Hearing: May 18, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2602

Author:(Gatto) – As Amended Ver:May 11, 2016

Policy Committee:

Transportation

Vote:

10 - 0

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill, effective January 1, 2018, establishes a two-tiered disabled person parking system, whereby only those persons with disabilities that severely limit mobility and dexterity may qualify for free and unlimited parking at metered spaces and at parking payment centers or kiosks, and for unlimited parking in parking zones with time limits. Specifically, this bill:

Requires the DMV, commencing January 1, 2017, to begin notifying all existing disabled placard (DP) holders of the new two-tiered. The free-parking status will be indicated by affixing a sticker or emblem to the DP, or by another indicia as determined by the DMV.
Stipulates that expiration of a driver's free-parking designation would coincide with the expiration of their DP.
Requires those applying for free-parking status to do so under penalty of perjury.
Requires, in order to qualify for a free-parking designation, an applicant must be unable to perform one or more of the following activities:
1. Manage, manipulate, or insert coins, or obtain tickets or tokens at parking meters or payment centers, due to lack of fine motor controls of both hands;
2. Reach above his or her head to a height of 42 inches from the ground due to a lack of finger, hand, or upper extremity strength or mobility;
3. Approach a parking meter due to his or her use of a wheelchair, walker or other mobility device, or if his or her medical provider determines it would be unsafe for the person to let go of the mobility device in order to operate a meter; or,
4. Walk more than 20 feet due to an orthopedic, neurological, cardiovascular, or lung condition in with the degree of debilitation is so severe that almost completely impedes the ability to walk.
Stipulates that someone with a clear, permanent disability does not have to recertify their status as permanently disabled under new DP program.
Requires the DMV, prior to approving someone for the free-parking designation, to be provided with a certificate, completed and signed by a medical practitioner substantiating the person's disability and providing a full description of the qualifying condition, unless the person's disability is readily observable and uncontested.
Provides that the medical form submitted by an applicant for a free-parking designation must be retained by the approving medical practitioner for inspection by the Medical Board of California or appropriate regulatory board.
Adds providing a false certification for a free-parking designation to the existing list of unprofessional conduct for a medical practitioner licensed by the state.
Prohibits the DMV from issuing more than one item at a time that designates and individual as eligible for free parking under the DP program, and authorizes the DMV to cancel or revoke a free parking designation that was fraudulently obtained or used.
Provides that all fines and penalties under the existing DP program apply to misuse of the free-status program.

FISCAL EFFECT:

One-time special fund costs to DMV in the range of $350,000, related to programming modifications, processing placard applications, and responding to phone inquiries. Ongoing costs would be minor and absorbable. The department indicates that there are about 2.4 million permanent disabled placards and 500,000 disabled person license plates. The department assumes that 150,000 persons will apply for free-parking status in the first year and 20,000 each year thereafter. [Motor Vehicle Account]

COMMENTS:

Background. The issue of parking privileges for disabled persons is a sensitive one, wherein the state has rightfully recognized the need to accommodate individuals with mobility problems. At the same time, the privilege of free and unlimited parking that accompanies DP plates and placards results in greater incidents of abuse of DP placards by people who are not, in fact, disabled. While the actual magnitude of DP placard abuse is difficult to verify, reports in metropolitan areas show that the majority of metered spaces are taken by vehicles bearing DP placards. For example, a survey conducted by the City of Sacramento found that 73% of metered parking spaces in certain areas of the city were occupied by cars bearing DP placards and that the majority of these cars were parked in the spaces most of the day, suggesting that the occupants worked in nearby areas. Surveys conducted by the San Francisco Metropolitan Transit Association (SFMTA) also indicate that fraudulent placard use is a significant problem, whereby SFMTA notes that on many occasions, nearly 50% of cars parked in downtown San Francisco have DP placards and resulting substantial lost parking revenues as well as less frequent parking space "turnover." In addition, studies performed by the University of California at Los Angeles (UCLA) found that metered curbside parking in downtown areas of Los Angeles are, for the most part, filled most of day by cars bearing DP placards. The UCLA study went on to note that despite a metered rate of $4 per hour, the city of Los Angeles only earns about $.32 per hour because cars with DP placards consume 80% of the meter time.
Purpose. To address the growing problem of DP placard fraud and abuse, and to provide legitimately disabled person and the general population with better parking access, the author has introduced this bill which would outline a new policy for California's DP parking placard program. Specifically, this bill would create a two-tiered approach to DP parking, much like the programs that are in place in Michigan and Illinois, where individuals with severe mobility impairments may continue to park for free at metered spaces if they qualify for and obtain a yellow sticker, while individuals with less severe disabilities would be allowed to access preferential DP parking but be required to pay for parking at metered spaces.

The author points out that in Illinois, where free and unlimited time at parking meters is only offered to a smaller subset of persons with disabilities, only 41,000 applied for the free parking sticker out of the nearly 479,000 placards issued. The author also points to similar programs in Michigan where fraud is said to have dropped dramatically when the yellow sticker programs were implemented. Reports did not indicate, however, whether or not the programs excluded or inconvenienced legitimately disabled individuals.

Opposition. Disability rights advocates contend that the levels of suspected DP placard fraud may be overblown. They note that many assert that fraud is occurring because large numbers of DP plates and placards are issued, but they counter that more people with disabilities are getting out into society, thereby creating the need for more parking placards. Californians for Disability Rights, Inc. points out that AB 2602 would strip away important privileges that were intended to ameliorate longstanding and still persistent civil rights violations. They claim that this bill would substantially impact persons with disabilities who encounter multiple physical barriers so that local jurisdictions can obtain parking revenues. They contend that if "rampant" abuse is occurring, DMV as well as the municipalities should deal with the fraud through enforcement rather than further burdening the disabled community. At the time of this analysis, it is unclear to what extent the author's most recent amendments addressed opposition concerns.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 11, 2016

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 2602 (

Author:Gatto) – As Amended Ver:April 4, 2016

SUBJECT: Disabled parking placards

SUMMARY: Creates a two-tiered disabled person (DP) parking system whereby only those persons with disabilities that severely limit mobility and dexterity may qualify for free and unlimited parking at metered spaces. Specifically, this bill:

Creates a new category of DP parking, denoted by a yellow sticker, that authorizes only certain individuals, based on mobility and dexterity limitations, to park for free and unlimited time periods at metered parking spaces, including those regulated by parking meters and parking payment centers or kiosks.
Authorizes the California Department of Motor Vehicles (DMV) to establish protocols and procedures for the issuing and renewing yellow free-parking stickers that denotes eligibility for free parking for unlimited time periods to parking meters, for persons with certain disabilities, that can be affixed to existing DP plates or placards.
Requires that persons applying for the yellow sticker must first apply for and receive a DP plate or placard through the existing program.
Requires that yellow stickers have a fixed expiration date of June 30 every four years.
Requires, in order to qualify for a yellow sticker, an applicant must be unable to perform one or more of the following activities:
1. Manage, manipulate, or insert coins, or obtain tickets or tokens at parking meters or payment centers, due to lack of fine motor controls of both hands;
2. Reach above his or her head to a height of 42 inches from the ground due to a lack of finger, hand, or upper extremity strength or mobility;
3. Approach a parking meter due to his or her use of a wheelchair or other device; or,
4. Walk more than 20 feet due to an orthopedic, neurological, cardiovascular, or lung condition in with the degree of debilitation is so severe that almost completely impedes the ability to walk.
Requires that DMV, prior to issuing the yellow sticker, be provided with a certificate, completed and signed by a medical practitioner, as specified, substantiating the person's disability in accordance with the specified requirement, and providing a full description of the qualifying condition, unless the person's disability is readily observable and uncontested.
Provides that the medical form submitted by an applicant for a yellow sticker must be retained by the approving medical practitioner for inspection by the Medical Board of California or appropriate regulatory board.
Provides that persons issued yellow stickers may apply to DMV for a substitute sticker without needing to recertify, if the sticker is lost or stolen.
Authorizes DMV to establish a fee for the issuance of the yellow sticker which does not exceed the reasonable costs of implementing the sticker program.
Provides that the maximum fine that may be imposed for misuse of a yellow sticker is the same as those for misuse of DP plates or placards.
Repeals provisions authorizing persons with a DP plate or DP placard (without a yellow sticker) to park free of charge for unrestricted time periods at metered parking spaces.
Repeals and recasts a number of provisions.
Makes related, conforming amendments.

EXISTING LAW:

Allows individuals who are issued a DP plate or placard to park for unlimited time periods in any metered parking space, in any parking zone with a restricted time limit, as well as at any parking space designated for use by the disabled, or any space designated along the street as a preferential parking zone for residents and merchants.
Allows DMV to cancel or revoke a DP placard if DMV is satisfied that the placard was fraudulently obtained, erroneously issued, or that the placard is being used in an unlawful manner.
Requires a disabled person, in order to obtain a DP placard or plate, to submit a certificate signed by a physician, surgeon, or licensed chiropractor indicating that the person has lost the use of one or more lower extremities or both hands, or who has a significant limitation in the use of his or her lower extremities.
Allows DMV to issue a temporary permit for a period of not more than six months to any person who submits a certificate signed by a physician or surgeon substantiating the temporary disability and stating the date upon which the disability is expected to terminate.
Prohibits a person from knowingly permitting the use of a DP placard for parking purposes unless the person to whom the DP placard was issued is being transported.
Provides misdemeanor penalties for DP placard misuse punishable by fines of not less than $250 or more than $1,000, imprisonment in the county jail for not more than six months, or both the fine and imprisonment.

FISCAL EFFECT: Unknown

COMMENTS: The issue of parking privileges for disabled persons is a sensitive one wherein the state has rightfully recognized the need to accommodate individuals with mobility problems. However, at the same time, with the privilege of free and unlimited parking that accompanies DP plates and placards comes greater incidents of abuse of DP placards by people who are not, in fact, disabled. While the actual magnitude of DP placard abuse is difficult to verify, reports in metropolitan areas show that the majority of metered spaces are taken by vehicles bearing DP placards. For example, a survey conducted by the City of Sacramento found that 73% of metered parking spaces in certain areas of the city were occupied by cars bearing DP placards and that the majority of these cars were parked in the spaces most of the day, suggesting that the occupants worked in nearby areas. Surveys conducted by the San Francisco Metropolitan Transit Association (SFMTA) also indicate that fraudulent placard use is a significant problem, whereby SFMTA notes that on many occasions, nearly 50% of cars parked in downtown San Francisco have DP placards and resulting substantial lost parking revenues as well as less frequent parking space "turnover." In addition, studies performed by the University of California at Los Angeles (UCLA) found that metered curbside parking in downtown areas of Los Angeles are, for the most part, filled most of day by cars bearing DP placards. The UCLA study went on to note that despite a metered rate of $4 per hour, the city of Los Angeles only earns about $.32 per hour because cars with DP placards consume 80% of the meter time.

Under current law, DMV issues DP plates to disabled veterans and persons with permanent disabilities. Because these individuals often travel in vehicles other than their own, individuals may also opt to obtain a permanent DP parking (blue) placard which is automatically renewed by DMV every two years. Persons with temporary disabilities may obtain a temporary DP parking (red) placard that is valid for up to six months, or the expected length of the disability as determined by a medical professional, whichever is shorter. In each case, a specified medical professional must certify the individual meets certain disability criteria outlined in law. When issued, a DP placard or plate entitles the owner, or a person transporting the owner, to park in preferential parking spaces (marked in blue) and to park in public parking spaces that are metered or regulated by parking payment centers (such as kiosks) for unlimited periods of time.

Current law prohibits any person from displaying a DP placard that does not belong to him or her unless he or she is transporting the placard holder. Persons who violate this provision are subject to a civil penalty ranging from $250-$1000 or criminal misdemeanor penalties which include fines ranging from $250-$1,000, up to one month in a county jail, or both. In addition, when a violation is identified, a peace officer is authorized to confiscate the DP placard. After verification with the DMV that the user of the placard was not the owner, the enforcement agency must notify DMV of the misuse and DMV may cancel the placard. The disabled person whose placard was canceled may subsequently reapply for a new DP placard.

Many suggest that the primary motivation for DP placard fraud is the privilege it provides-- to park free of charge for unlimited periods of time in metered parking spaces. This is a particularly valuable privilege in metropolitan areas where parking is scarce and/or costly. According to a 2012 study published in the Journal of Planning Education and Research, nearly one-half of states have laws allowing people with DP placards to park for free at metered spaces and, the majority of those states impose no time limit. The report goes on to states that the non-payment privileges associated with DP placards invites fraud and abuse.

To address the growing problem of DP placard fraud and abuse and to provide legitimately disabled person and the general population with better parking access, the author has introduced this bill which would outline a new policy for California's DP parking placard program. Specially, this bill would create a two-tiered approach to DP parking, much like the programs that are in place in Michigan and Illinois, where individuals with severe mobility impairments may continue to park for free at metered spaces if they qualify for and obtain a yellow sticker, while individuals with less severe disabilities would be allowed to access preferential DP parking but be required to pay for parking at metered spaces. Specifically, this bill provides that individuals who meet certain criteria would be eligible to apply for a yellow free-parking sticker from the DMV. Once issued, the yellow sticker would be affixed to his or her existing DP placard to indicate the individual's eligibility for free and unlimited parking. Individuals who qualify for the existing DP plates and placards, but who do not qualify for the yellow sticker, would continue to be able to access preferential parking offered for handicapped persons (such blue parking spaces and stalls). This bill provides that the yellow sticker would have a fixed expiration date of June 30 every four years and provides that misuse of the yellow sticker would carry the same penalties as DP plate or placard abuse.

The author points out that in Illinois, where free and unlimited time at parking meters is only offered to a smaller subset of persons with disabilities, only 41,000 applied for the free parking sticker out of the nearly 479,000 placards issued. While the problem of DP placard abuse has not been completely solved in these states, there has been a substantial decrease in reported DP placard fraud. The author also points to similar programs in Michigan where fraud is said to have dropped dramatically when the yellow sticker programs were implemented. Reports did not indicate, however, whether or not the programs excluded or inconvenienced legitimately disabled individuals.

Writing in support of this bill, Safer Streets LA points out that fraudulent use of DP placards is a widespread problem that poses a significant impediment to providing parking access to both disabled motorists and the general motoring population. Safer Streets LA notes that in many urban areas, where parking is at a premium, cars with DP placards routinely occupy almost all the metered curb spaces yet investigative "stings" consistently find that the majority of these placards are being use fraudulently by able-bodied individuals who simply wish to park without paying a fee. Safer Streets LA points to reforms, similar to AB 2602, in Michigan where there was a 98% reduction in the number of DP parking placards issued.

Writing in opposition, disability rights advocates contend that the levels of suspected DP placard fraud may be overblown. They note that many indicate that fraud is occurring because large numbers of DP plates and placards are issued but they counter, noting that today, more people with disabilities are getting out into society thereby creating the need for more parking placards. Californians for Disability Rights, Inc. points out that AB 2602 would strip away important privileges that were intended to ameliorate longstanding and still persistent civil rights violations. They claim that this bill would substantially impact persons with disabilities who encounter multiple physical barriers so that local jurisdictions can obtain parking revenues. They contend that if "rampant" abuse is occurring, DMV as well as the municipalities should deal with the fraud through enforcement rather than further burdening the disabled community.

Author's amendments: The author acknowledges the need for continuing to work with interested parties to reach consensus on a variety of issues related to this bill including, among other things, delaying the implementation date of the yellow sticker program to give DMV time to implement the program and educate the public about program changes. Additionally, the author notes there is a need to address provisions authorizing DMV to establish a fee for the purposes of recouping its costs for the yellow sticker program in light of the case William Robert Dare; Gary Petillo, Plantiffs-Appellees, v. State of California; Dept. of Motor Vehicles, Defendants-Appellants which challenged California's legal right to charge a $6 fee for disabled parking placards. In the case, two federal courts ruled that DMV's surcharged violated the federal law by ruling that the $6 parking placard free was discriminatory. The author concedes that this bill is a "work in progress" and that amendments would be forthcoming as the bill moves through the legislative process. The author has indicated other items that may be addressed in the bill as it moves through the legislative process including; but not necessarily limited to, using a "free parking placard" rather than a sticker to minimize opportunities for fraudulent duplication, considering a "mobility distance" greater than 20 feet with respect to establishing qualifications for the free-parking sticker, expanding the "life" of the sticker from two years to four years to minimize the inconvenience and costs involved with re-certification and sticker issuance, taking into account modern meter technology when establishing parameters for free parking sticker qualifications, and improving the communication between DMV and the County Recorder's Offices so that DMV can more easily identify when placard holders have passed to minimize continued mailing of placard to the homes of deceased placard holders.

Committee comments: It is clear that this bill is a "work in progress" and that much discussion still needs to take place between the author, interest groups, and state agencies to ensure the bill meets the author's stated goal (reducing DP placard fraud) while also ensuring that legitimately disabled persons continue to have access to priority DP parking. It is important to note that little comprehensive statewide data is available with respect to cause, magnitude, and extent of DP placard abuse in California. Without this data, it is difficult to craft a thoughtful and comprehensive solution to the problem.

For example, while most would agree that DP placard fraud is occurring, it is not completely understood what avenues are most frequently exploited. Some suggest that the majority of fraud is resulting from legitimately issued placards being borrowed or shared between friends and family members which suggest that a solution may lie in increased enforcement. Other data, however, suggests that fraudulent use is driven by the widespread availability of DP placards that continue to be sent to deceased DP placard holders for many years by the DMV, indicating the need for DMV to "tighten" its practices with respect to DP placard renewals as well as increase enforcement. Additionally, little data is available to fully understand the extent to which DP placards may be being issued to persons who do not qualify for the DP placards in the first place. If there are unscrupulous medical practitioners who are willing to sign medical certifications fraudulently, then it is unrealistic to expect that the same practice would not happen with the yellow sticker program. Lastly, some suggest that DP placards themselves are being forged and traded or sold in "underground" markets (such as on Internet Web sites), suggesting that alternative methods of enforcement are needed to curb the problem. In light of the lack of data, the author may, therefore, wish to consider tasking the State Auditor with conducting a comprehensive review of the program to better understand the intricacies of DP placard fraud in California that would aid in the crafting of a comprehensive and effective solution.

Double referral: This bill will be referred to the Assembly Local Government Committee should it pass out of this committee.

Related legislation: AB 2586 (Gatto), amends a variety of provisions in existing law related to parking. AB 2586 passed out of this committee on April 4, 2016, with a 16-0 vote and is scheduled to be heard by the Assembly Local Government Committee on April 20, 2016.

Previous legislation: AB 1111 (Gatto) of 2015, would have allowed local jurisdictions to install parking meters in accessible parking spaces and allowed local jurisdictions to make changes to disabled parking requirements. AB 1111 was returned to the Chief Clerk by this committee pursuant to Joint Rule 56.

SB 1123 (de León) of 2011, would have suspended, for 30 days, the driver’s license of a person who misuses a disabled parking placard and allows cities and counties to charge disabled persons for parking at 10-hour meters. SB 1123 was returned to the Secretary of the Senate by the Senate Transportation and Housing Committee pursuant to Joint Rule 56.

AB 1531 (DeSaulnier), Chapter 413, Statutes of 2007, alters signage and painting requirements for disabled parking spaces, limits the number of times that temporary disability placards may be renewed, and increases fines for second and third violations related to illegal parking in disabled spaces.

AB 327 (Runner), Chapter 555, Statutes of 2003, allows local governments to impose an additional $100 penalty for the violation of statutes related to disabled persons' parking privileges.

AB 1314 (Havice), Chapter 640, Statutes of 2001, among other things, revised provisions regarding wheelchair curbside access.

REGISTERED SUPPORT / OPPOSITION:

Support

Safer Streets LA

1 private citizen

Opposition

Californians for Disability Rights

Disability Rights California

5 private citizens

Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093

Discussed in Hearing

32MIN

Senate Standing Committee on Transportation and Housing

View Older Hearings

Authors shown for version:
Amended Assembly (5/11/2016)

AB 2602: Disabled parking placards.

ASSEMBLY COMMITTEE ON APPROPRIATIONS

ABPCA Bill Id:AB 2602

ASSEMBLY COMMITTEE ON TRANSPORTATION

ABPCA Bill Id:AB 2602 (

Senate Standing Committee on Transportation and Housing