AB 2289: Vehicles: parking placards and special license plates for disabled veterans and persons with disabilities.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-06-13
Current Status:
Failed
(2024-08-15: In committee: Held under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill lets licensed physical therapists, along with doctors and other listed providers, certify certain mobility disabilities—such as loss or loss of use of one or more lower limbs or hands or significant limitations in leg use—so people with disabilities and disabled veterans can obtain disabled license plates and distinguishing parking placards. It also allows physical therapists to substantiate temporary disabilities for temporary parking placards and updates DMV rules to include them as authorized certifiers.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law authorizes the Department of Motor Vehicles to issue a distinguishing placard to a qualified disabled veteran or person with a disability, upon application, to be displayed upon a parked vehicle for the purpose of identifying eligibility for certain parking privileges. Existing law also authorizes the department to issue a special license plate to a disabled veteran or person with a disability, upon application. Existing law authorizes the department to issue a temporary distinguishing placard bearing a specified symbol to a disabled veteran or person with a disability, as specified. Prior to issuing a placard or license plate, existing law requires the submission of a certificate signed by a physician and surgeon, nurse practitioner, certified nurse-midwife, or physician assistant, substantiating the disability, as specified, unless the applicants disability is readily observable and uncontested. Prior to issuing a temporary distinguishing placard, existing law requires the submission of a certificate substantiating the temporary disability and stating the date upon which the disability is expected to terminate.
For 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 person with a disability, or who has significant limitation in the use of lower extremities, existing law additionally authorizes a licensed chiropractor to certify these disabilities.
This bill, beginning on January 1, 2026, would additionally authorize a licensed physical therapist to certify the loss, or loss of use, of the lower extremities or hands, as described above. The bill, beginning on January 1, 2026, would also authorize a physical therapist to substantiate a temporary disability for the purpose of issuing a temporary distinguishing placard.
The bill would make additional conforming changes to those provisions.
Existing law authorizes the Department of Motor Vehicles to issue a distinguishing placard to a qualified disabled veteran or person with a disability, upon application, to be displayed upon a parked vehicle for the purpose of identifying eligibility for certain parking privileges. Existing law also authorizes the department to issue a special license plate to a disabled veteran or person with a disability, upon application. Existing law authorizes the department to issue a temporary distinguishing placard bearing a specified symbol to a disabled veteran or person with a disability, as specified. Prior to issuing a placard or license plate, existing law requires the submission of a certificate signed by a physician and surgeon, nurse practitioner, certified nurse-midwife, or physician assistant, substantiating the disability, as specified, unless the applicants disability is readily observable and uncontested. Prior to issuing a temporary distinguishing placard, existing law requires the submission of a certificate substantiating the temporary disability and stating the date upon which the disability is expected to terminate.
For 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 person with a disability, or who has significant limitation in the use of lower extremities, existing law additionally authorizes a licensed chiropractor to certify these disabilities.
This bill bill, beginning on January 1, 2026, would additionally authorize a licensed physical therapist to certify the loss, or loss of use, of the lower extremities or hands, as described above. The bill bill, beginning on January 1, 2026, would also authorize a physical therapist to substantiate a temporary disability for the purpose of issuing a temporary distinguishing placard.
The bill would make additional conforming changes to those provisions.
Existing law authorizes the Department of Motor Vehicles to issue a distinguishing placard to a qualified disabled veteran or person with a disability, upon application, to be displayed upon a parked vehicle for the purpose of identifying eligibility for certain parking privileges. Existing law also authorizes the department to issue a special license plate to a disabled veteran or person with a disability, upon application. Existing law authorizes the department to issue a temporary distinguishing placard bearing a specified symbol to a disabled veteran or person with a disability, as specified. Prior to issuing a placard, placard or license plate, existing law requires the submission of a certificate signed by a physician and surgeon, nurse practitioner, certified nurse-midwife, or physician assistant, substantiating the disability, as specified, unless the applicants disability is readily observable and uncontested. Prior to issuing a temporary distinguishing placard, existing law requires the submission of a certificate substantiating the temporary disability and stating the date upon which the disability is expected to terminate.
For 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, person with a disability, or who has significant limitation in the use of lower extremities, existing law additionally authorizes a licensed chiropractor to certify these disabilities.
This bill would additionally authorize a licensed physical therapist to certify the loss, or loss of use, of the lower extremities or hands, as described above. The bill would also authorize a physical therapist to substantiate a temporary disability for the purpose of issuing a temporary distinguishing placard.
The bill would make additional conforming changes to those provisions.
Existing law authorizes the Department of Motor Vehicles to issue a distinguishing placard to a qualified disabled veteran or person with a disability, upon application, to be displayed upon a parked vehicle for the purpose of identifying eligibility for certain parking privileges. Prior to issuing a placard, existing law requires the submission of a certificate signed by a physician and surgeon, nurse practitioner, certified nurse-midwife, or physician assistant, substantiating the disability, as specified, unless the applicants disability is readily observable and uncontested.
For 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, existing law additionally authorizes a licensed chiropractor to certify these disabilities.
This bill would additionally authorize a licensed physical therapist to certify the loss, or loss of use, of the lower extremities or hands, as described above.
A disabled person is any of the following:
(a)Any person who has lost, or has lost the use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, or who has a diagnosed disease or disorder which substantially impairs or interferes with mobility, or who is so severely disabled as to be unable to move without the aid of an assistant device.
(b)Any person who is blind to the extent that the persons central visual acuity does not exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity that is greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.
(c)Any person who suffers from lung disease to the extent of any of the following:
(1)The persons forced (respiratory) expiratory volume for one second when measured by spirometry is less than one liter.
(2)The persons arterial oxygen tension (pO2) is less than 60 mm/Hg on room air while the person is at rest.
(d)Any person who is impaired by cardiovascular disease to the extent that the persons functional limitations are classified in severity as class III or class IV based upon standards accepted by the American Heart Association.
(e)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.Section 295.5 is added to the Vehicle Code, to read:295.5.A disabled person or person with a disability is any of the following:
(a)Any person who has lost, or has lost the use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, or who has a diagnosed disease or disorder which substantially impairs or interferes with mobility, or who is so severely disabled as to be unable to move without the aid of an assistant device.
(b)Any person who is blind to the extent that the persons central visual acuity does not exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity that is greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.
(c)Any person who suffers from lung disease to the extent of any of the following:
(1)The persons forced (respiratory) expiratory volume for one second when measured by spirometry is less than one liter.
(2)The persons arterial oxygen tension (pO2) is less than 60 mm/Hg on room air while the person is at rest.
(d)Any person who is impaired by cardiovascular disease to the extent that the persons functional limitations are classified in severity as class III or class IV based upon standards accepted by the American Heart Association.
(e)This section shall become operative on January 1, 2026.
SEC. 3.Section 5007 of the Vehicle Code is amended to read:5007.(a)The department shall, upon application and without additional fees, issue a special license plate or plates pursuant to procedures adopted by the department to all of the following:
(1)A disabled person.
(2)A disabled veteran.
(3)An organization or agency involved in the transportation of disabled persons or disabled veterans if the motor vehicle that will have the special license plate is used solely for the purpose of transporting those persons.
(b)The special license plates issued under subdivision (a) shall run in a regular numerical series 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)Except as provided in paragraph (3), before issuing a special license plate 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 the 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 disability of a person related to the foot or ankle may be certified by a licensed podiatrist. 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, nurse-midwife, physician assistant, chiropractor, podiatrist, 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)For a disabled veteran, the department shall accept, in lieu of the certificate described in paragraph (1), a certificate from a county veterans service officer, the Department of Veterans Affairs, or the United States Department of Veterans Affairs that certifies that the applicant is a disabled veteran as described in Section 295.7.
(d)A disabled person or disabled veteran who is 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 disabled veteran to whom the plate or plates were issued, 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 certification requirements of subdivisions (c) and (d) do not apply to an organization or agency that is issued a special license plate or plates under paragraph (3) of subdivision (a).
(f)The special 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.
(g)When a motor vehicle subject to paragraph (3) of subdivision (a) is sold or transferred, the special license plate or plates issued to an organization or agency under paragraph (3) of subdivision (a) for that motor vehicle shall be immediately returned to the department.
(h)The department shall require a person who applies for a special license plate pursuant to this section to provide proof of the applicants true full name and date of birth that shall be established by submitting one of the following to the department:
(1)A copy or facsimile of the applicants state issued drivers license or identification card.
(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 4.Section 5007 is added to the Vehicle Code, to read:5007.(a)The department shall, upon application and without additional fees, issue a special license plate or plates pursuant to procedures adopted by the department to all of the following:
(1)A person with a disability.
(2)A disabled veteran.
(3)An organization or agency involved in the transportation of persons with disabilities or disabled veterans if the motor vehicle that will have the special license plate is used solely for the purpose of transporting those persons.
(b)The special license plates issued under subdivision (a) shall run in a regular numerical series that includes 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)(A)Except as provided in paragraph (3), before issuing a special license plate to a person with a disability 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.
(B)The disability of a person who has lost, or has lost the use of, one or more lower extremities or one hand, for a disabled veteran, or both hands for a person with a disability, or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor or a licensed physical therapist.
(C)The disability of a person related to the foot or ankle may be certified by a licensed podiatrist.
(D)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.
(E)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, 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, physical therapist, podiatrist, 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)For a disabled veteran, the department shall accept, in lieu of the certificate described in paragraph (1), a certificate from a county veterans service officer, the Department of Veterans Affairs, or the United States Department of Veterans Affairs that certifies that the applicant is a disabled veteran as described in Section 295.7.
(d)A person with a disability or disabled veteran who is 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 person with a disability or disabled veteran to possess the plate or plates. The certification shall be on a form prescribed by the department and contain the name of the person with a disability or disabled veteran to whom the plate or plates were issued, 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 certification requirements of subdivisions (c) and (d) do not apply to an organization or agency that is issued a special license plate or plates under paragraph (3) of subdivision (a).
(f)The special license plate shall, upon the death of the person with a disability or disabled veteran, be returned to the department within 60 days or upon the expiration of the vehicle registration, whichever occurs first.
(g)When a motor vehicle subject to paragraph (3) of subdivision (a) is sold or transferred, the special license plate or plates issued to an organization or agency under paragraph (3) of subdivision (a) for that motor vehicle shall be immediately returned to the department.
(h)The department shall require a person who applies for a special license plate pursuant to this section to provide proof of the applicants true full name and date of birth that shall be established by submitting one of the following to the department:
(1)A copy or facsimile of the applicants state issued drivers license or identification card.
(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(i)This section shall become operative on January 1, 2026.
SEC. 5.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.
(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 a nationwide vital statistics clearinghouse, and withhold any renewal notices or placards that otherwise would have been sent for a placardholder identified as deceased.
(D)The department shall, six years after the first issuance of a placard and every six years thereafter, send the placardholder a renewal form at least 90 days prior to the June 30 expiration date of the current placard. Certification of medical disability and proof of true full name is not required for the renewal. A placardholder who wishes to renew a placard shall fill out the form and submit it to the department prior to expiration of the current placard.
(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.
(5)The department shall require a person who applies for a placard pursuant to this section to provide proof of the persons true full name and date of birth that shall be established by submitting one of the following to the department:
(A)A copy or facsimile of the applicants state issued drivers license or identification card.
(B)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(C)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(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 disability of a person related to the foot or ankle may be certified by a licensed podiatrist. 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, nurse-midwife, physician assistant, chiropractor, podiatrist, 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 a county veterans service officer, the Department of Veterans Affairs, or 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. The department shall not issue a substitute placard to a person more than four times in a two-year renewal period. A person who requires a substitute placard in excess of the four replacements authorized pursuant to this subdivision shall reapply to the department for a new placard and submit a new certificate of disability as described in subdivision (b).
(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.
(f)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 6.Section 22511.55 is added to the Vehicle Code, to read:22511.55.(a)(1)A person with a disability 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.
(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 a nationwide vital statistics clearinghouse and withhold a renewal notice or placard that otherwise would have been sent for a placardholder identified as deceased.
(D)The department shall, six years after the first issuance of a placard and every six years thereafter, send the placardholder a renewal form at least 90 days prior to the June 30 expiration date of the current placard. Certification of medical disability and proof of true full name is not required for the renewal. A placardholder who wishes to renew a placard shall fill out the form and submit it to the department prior to expiration of the current placard.
(3)Except as provided in paragraph (4), a person is not eligible for more than one placard at a time.
(4)Organizations and agencies involved in the transportation of persons with disabilities or disabled veterans may apply for a placard for each vehicle used for the purpose of transporting persons with disabilities or disabled veterans.
(5)The department shall require a person who applies for a placard pursuant to this section to provide proof of the persons true full name and date of birth that shall be established by submitting one of the following to the department:
(A)A copy or facsimile of the applicants state issued drivers license or identification card.
(B)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(C)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(b)(1)(A)Except as provided in paragraph (4), prior to issuing an original distinguishing placard to a person with a disability 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.
(B)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 person with a disability or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor or a licensed physical therapist.
(C)The disability of a person related to the foot or ankle may be certified by a licensed podiatrist.
(D)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.
(E)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, 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, physical therapist, podiatrist, 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 a county veterans service officer, the Department of Veterans Affairs, or 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. The department shall not issue a substitute placard to a person more than four times in a two-year renewal period. A person who requires a substitute placard in excess of the four replacements authorized pursuant to this subdivision shall reapply to the department for a new placard and submit a new certificate of disability as described in subdivision (b).
(d)The distinguishing placard shall be returned to the department not later than 60 days after the death of the person with a disability or disabled veteran to whom the placard was issued.
(e)The department shall print on a 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.
(f)This section shall become operative on January 1, 2026.
SEC. 7.Section 22511.59 of the Vehicle Code is amended to read:22511.59.(a)Upon the receipt of the applications and documents required by subdivision (b), (c), or (d), the department shall issue a temporary distinguishing placard bearing the International Symbol of Access adopted pursuant to Section 3 of Public Law 100-641, commonly known as the wheelchair symbol. During the period for which it is valid, the temporary distinguishing placard may be used for the parking purposes described in Section 22511.5 in the same manner as a distinguishing placard issued pursuant to Section 22511.55.
(b)(1)A person who is temporarily disabled for a period of not more than six months may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the submission of a certificate signed by 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, nurse-midwife, physician assistant, chiropractor, podiatrist, or optometrist, as described in subdivision (b) of Section 22511.55, substantiating the temporary disability and stating the date upon which the disability is expected to terminate.
(3)The physician and surgeon, nurse practitioner, certified nurse midwife, nurse-midwife, physician assistant, chiropractor, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.
(4)A placard issued pursuant to this subdivision shall expire not later than 180 days from the date of issuance or upon the expected termination date of the disability, as stated on the certificate required by paragraph (2), whichever is less.
(5)The fee for a temporary placard issued pursuant to this subdivision shall be six dollars ($6).
(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(c)(1)A permanently disabled person or disabled veteran who is not a resident of this state and plans to travel within the state may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require certification of the disability, as described in subdivision (b) of Section 22511.55.
(3)The physician and surgeon, nurse practitioner, certified nurse midwife, nurse-midwife, physician assistant, chiropractor, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.
(4)A placard issued pursuant to this subdivision shall expire not later than 90 days from the date of issuance.
(5)The department shall not charge a fee for issuance of a placard under this subdivision.
(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(d)(1)A permanently disabled person or disabled veteran who has been issued either a distinguishing placard pursuant to Section 22511.55 or special license plates pursuant to Section 5007, but not both, may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a) for the purpose of travel.
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the applicant to submit either the number identifying the distinguishing placard issued pursuant to Section 22511.55 or the number on the special license plates.
(3)A placard issued pursuant to this subdivision shall expire not later than 30 days from the date of issuance.
(4)The department shall not charge a fee for issuance of a placard under this subdivision.
(5)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(e)The department shall print on a temporary distinguishing placard, the maximum penalty that may be imposed for a violation of Section 4461. For the 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.
(f)The department shall require a person who applies for a temporary placard pursuant to this section to provide proof of his or her their true full name and date of birth that shall be established by submitting one of the following to the department:
(1)A copy or facsimile of the applicants state issued drivers license or identification card.
(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(g)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 8.Section 22511.59 is added to the Vehicle Code, to read:22511.59.(a)Upon the receipt of the applications and documents required by subdivision (b), (c), or (d), the department shall issue a temporary distinguishing placard bearing the International Symbol of Access adopted pursuant to Section 3 of Public Law 100-641, commonly known as the wheelchair symbol. During the period for which it is valid, the temporary distinguishing placard may be used for the parking purposes described in Section 22511.5 in the same manner as a distinguishing placard issued pursuant to Section 22511.55.
(b)(1)A person who is temporarily disabled for a period of not more than six months may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the submission of a certificate signed by 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, physician assistant, chiropractor, licensed physical therapist, podiatrist, or optometrist, as described in subdivision (b) of Section 22511.55, substantiating the temporary disability and stating the date upon which the disability is expected to terminate.
(3)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.
(4)A placard issued pursuant to this subdivision shall expire not later than 180 days from the date of issuance or upon the expected termination date of the disability, as stated on the certificate required by paragraph (2), whichever is less.
(5)The fee for a temporary placard issued pursuant to this subdivision shall be six dollars ($6).
(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(c)(1)A person with a permanent disability or a disabled veteran who is not a resident of this state and plans to travel within the state may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require certification of the disability, as described in subdivision (b) of Section 22511.55.
(3)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.
(4)A placard issued pursuant to this subdivision shall expire not later than 90 days from the date of issuance.
(5)The department shall not charge a fee for issuance of a placard under this subdivision.
(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(d)(1)A person with a permanent disability or a disabled veteran who has been issued either a distinguishing placard pursuant to Section 22511.55 or special license plates pursuant to Section 5007, may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a) for the purpose of travel.
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the applicant to submit either the number identifying the distinguishing placard issued pursuant to Section 22511.55 or the number on the special license plates.
(3)A placard issued pursuant to this subdivision shall expire not later than 30 days from the date of issuance.
(4)The department shall not charge a fee for issuance of a placard under this subdivision.
(5)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(e)The department shall print on a temporary distinguishing placard, the maximum penalty that may be imposed for a violation of Section 4461. For the 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.
(f)The department shall require a person who applies for a temporary placard pursuant to this section to provide proof of his or her their true full name and date of birth that shall be established by submitting one of the following to the department:
(1)A copy or facsimile of the applicants state issued drivers license or identification card.
(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(g)This section shall become operative on January 1, 2026.
A disabled person is any of the following:
(a)Any person who has lost, or has lost the use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, or who has a diagnosed disease or disorder which substantially impairs or interferes with mobility, or who is so severely disabled as to be unable to move without the aid of an assistant device.
(b)Any person who is blind to the extent that the persons central visual acuity does not exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity that is greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.
(c)Any person who suffers from lung disease to the extent of any of the following:
(1)The persons forced (respiratory) expiratory volume for one second when measured by spirometry is less than one liter.
(2)The persons arterial oxygen tension (pO2) is less than 60 mm/Hg on room air while the person is at rest.
(d)Any person who is impaired by cardiovascular disease to the extent that the persons functional limitations are classified in severity as class III or class IV based upon standards accepted by the American Heart Association.
(e)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.Section 295.5 is added to the Vehicle Code, to read:295.5.A disabled person or person with a disability is any of the following:
(a)Any person who has lost, or has lost the use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, or who has a diagnosed disease or disorder which substantially impairs or interferes with mobility, or who is so severely disabled as to be unable to move without the aid of an assistant device.
(b)Any person who is blind to the extent that the persons central visual acuity does not exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity that is greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.
(c)Any person who suffers from lung disease to the extent of any of the following:
(1)The persons forced (respiratory) expiratory volume for one second when measured by spirometry is less than one liter.
(2)The persons arterial oxygen tension (pO2) is less than 60 mm/Hg on room air while the person is at rest.
(d)Any person who is impaired by cardiovascular disease to the extent that the persons functional limitations are classified in severity as class III or class IV based upon standards accepted by the American Heart Association.
(e)This section shall become operative on January 1, 2026.
SEC. 3.Section 5007 of the Vehicle Code is amended to read:5007.(a)The department shall, upon application and without additional fees, issue a special license plate or plates pursuant to procedures adopted by the department to all of the following:
(1)A disabled person.
(2)A disabled veteran.
(3)An organization or agency involved in the transportation of disabled persons or disabled veterans if the motor vehicle that will have the special license plate is used solely for the purpose of transporting those persons.
(b)The special license plates issued under subdivision (a) shall run in a regular numerical series 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)Except as provided in paragraph (3), before issuing a special license plate 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 the 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 disability of a person related to the foot or ankle may be certified by a licensed podiatrist. 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, podiatrist, 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)For a disabled veteran, the department shall accept, in lieu of the certificate described in paragraph (1), a certificate from a county veterans service officer, the Department of Veterans Affairs, or the United States Department of Veterans Affairs that certifies that the applicant is a disabled veteran as described in Section 295.7.
(d)A disabled person or disabled veteran who is 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 disabled veteran to whom the plate or plates were issued, 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 certification requirements of subdivisions (c) and (d) do not apply to an organization or agency that is issued a special license plate or plates under paragraph (3) of subdivision (a).
(f)The special 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.
(g)When a motor vehicle subject to paragraph (3) of subdivision (a) is sold or transferred, the special license plate or plates issued to an organization or agency under paragraph (3) of subdivision (a) for that motor vehicle shall be immediately returned to the department.
(h)The department shall require a person who applies for a special license plate pursuant to this section to provide proof of the applicants true full name and date of birth that shall be established by submitting one of the following to the department:
(1)A copy or facsimile of the applicants state issued drivers license or identification card.
(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 4.Section 5007 is added to the Vehicle Code, to read:5007.(a)The department shall, upon application and without additional fees, issue a special license plate or plates pursuant to procedures adopted by the department to all of the following:
(1)A person with a disability.
(2)A disabled veteran.
(3)An organization or agency involved in the transportation of persons with disabilities or disabled veterans if the motor vehicle that will have the special license plate is used solely for the purpose of transporting those persons.
(b)The special license plates issued under subdivision (a) shall run in a regular numerical series that includes 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)(A)Except as provided in paragraph (3), before issuing a special license plate to a person with a disability 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.
(B)The disability of a person who has lost, or has lost the use of, one or more lower extremities or one hand, for a disabled veteran, or both hands for a person with a disability, or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor or a licensed physical therapist.
(C)The disability of a person related to the foot or ankle may be certified by a licensed podiatrist.
(D)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.
(E)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, 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, physical therapist, podiatrist, 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)For a disabled veteran, the department shall accept, in lieu of the certificate described in paragraph (1), a certificate from a county veterans service officer, the Department of Veterans Affairs, or the United States Department of Veterans Affairs that certifies that the applicant is a disabled veteran as described in Section 295.7.
(d)A person with a disability or disabled veteran who is 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 person with a disability or disabled veteran to possess the plate or plates. The certification shall be on a form prescribed by the department and contain the name of the person with a disability or disabled veteran to whom the plate or plates were issued, 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 certification requirements of subdivisions (c) and (d) do not apply to an organization or agency that is issued a special license plate or plates under paragraph (3) of subdivision (a).
(f)The special license plate shall, upon the death of the person with a disability or disabled veteran, be returned to the department within 60 days or upon the expiration of the vehicle registration, whichever occurs first.
(g)When a motor vehicle subject to paragraph (3) of subdivision (a) is sold or transferred, the special license plate or plates issued to an organization or agency under paragraph (3) of subdivision (a) for that motor vehicle shall be immediately returned to the department.
(h)The department shall require a person who applies for a special license plate pursuant to this section to provide proof of the applicants true full name and date of birth that shall be established by submitting one of the following to the department:
(1)A copy or facsimile of the applicants state issued drivers license or identification card.
(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(i)This section shall become operative on January 1, 2026.
SEC. 5.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.
(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 a nationwide vital statistics clearinghouse, and withhold any renewal notices or placards that otherwise would have been sent for a placardholder identified as deceased.
(D)The department shall, six years after the first issuance of a placard and every six years thereafter, send the placardholder a renewal form at least 90 days prior to the June 30 expiration date of the current placard. Certification of medical disability and proof of true full name is not required for the renewal. A placardholder who wishes to renew a placard shall fill out the form and submit it to the department prior to expiration of the current placard.
(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.
(5)The department shall require a person who applies for a placard pursuant to this section to provide proof of the persons true full name and date of birth that shall be established by submitting one of the following to the department:
(A)A copy or facsimile of the applicants state issued drivers license or identification card.
(B)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(C)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(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 disability of a person related to the foot or ankle may be certified by a licensed podiatrist. 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, podiatrist, 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 a county veterans service officer, the Department of Veterans Affairs, or 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. The department shall not issue a substitute placard to a person more than four times in a two-year renewal period. A person who requires a substitute placard in excess of the four replacements authorized pursuant to this subdivision shall reapply to the department for a new placard and submit a new certificate of disability as described in subdivision (b).
(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.
(f)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 6.Section 22511.55 is added to the Vehicle Code, to read:22511.55.(a)(1)A person with a disability 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.
(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 a nationwide vital statistics clearinghouse and withhold a renewal notice or placard that otherwise would have been sent for a placardholder identified as deceased.
(D)The department shall, six years after the first issuance of a placard and every six years thereafter, send the placardholder a renewal form at least 90 days prior to the June 30 expiration date of the current placard. Certification of medical disability and proof of true full name is not required for the renewal. A placardholder who wishes to renew a placard shall fill out the form and submit it to the department prior to expiration of the current placard.
(3)Except as provided in paragraph (4), a person is not eligible for more than one placard at a time.
(4)Organizations and agencies involved in the transportation of persons with disabilities or disabled veterans may apply for a placard for each vehicle used for the purpose of transporting persons with disabilities or disabled veterans.
(5)The department shall require a person who applies for a placard pursuant to this section to provide proof of the persons true full name and date of birth that shall be established by submitting one of the following to the department:
(A)A copy or facsimile of the applicants state issued drivers license or identification card.
(B)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(C)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(b)(1)(A)Except as provided in paragraph (4), prior to issuing an original distinguishing placard to a person with a disability 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.
(B)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 person with a disability or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor or a licensed physical therapist.
(C)The disability of a person related to the foot or ankle may be certified by a licensed podiatrist.
(D)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.
(E)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, 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, physical therapist, podiatrist, 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 a county veterans service officer, the Department of Veterans Affairs, or 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. The department shall not issue a substitute placard to a person more than four times in a two-year renewal period. A person who requires a substitute placard in excess of the four replacements authorized pursuant to this subdivision shall reapply to the department for a new placard and submit a new certificate of disability as described in subdivision (b).
(d)The distinguishing placard shall be returned to the department not later than 60 days after the death of the person with a disability or disabled veteran to whom the placard was issued.
(e)The department shall print on a 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.
(f)This section shall become operative on January 1, 2026.
SEC. 7.Section 22511.59 of the Vehicle Code is amended to read:22511.59.(a)Upon the receipt of the applications and documents required by subdivision (b), (c), or (d), the department shall issue a temporary distinguishing placard bearing the International Symbol of Access adopted pursuant to Section 3 of Public Law 100-641, commonly known as the wheelchair symbol. During the period for which it is valid, the temporary distinguishing placard may be used for the parking purposes described in Section 22511.5 in the same manner as a distinguishing placard issued pursuant to Section 22511.55.
(b)(1)A person who is temporarily disabled for a period of not more than six months may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the submission of a certificate signed by 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, physician assistant, chiropractor, podiatrist, or optometrist, as described in subdivision (b) of Section 22511.55, substantiating the temporary disability and stating the date upon which the disability is expected to terminate.
(3)The physician and surgeon, nurse practitioner, certified nurse midwife, physician assistant, chiropractor, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.
(4)A placard issued pursuant to this subdivision shall expire not later than 180 days from the date of issuance or upon the expected termination date of the disability, as stated on the certificate required by paragraph (2), whichever is less.
(5)The fee for a temporary placard issued pursuant to this subdivision shall be six dollars ($6).
(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(c)(1)A permanently disabled person or disabled veteran who is not a resident of this state and plans to travel within the state may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require certification of the disability, as described in subdivision (b) of Section 22511.55.
(3)The physician and surgeon, nurse practitioner, certified nurse midwife, physician assistant, chiropractor, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.
(4)A placard issued pursuant to this subdivision shall expire not later than 90 days from the date of issuance.
(5)The department shall not charge a fee for issuance of a placard under this subdivision.
(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(d)(1)A permanently disabled person or disabled veteran who has been issued either a distinguishing placard pursuant to Section 22511.55 or special license plates pursuant to Section 5007, but not both, may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a) for the purpose of travel.
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the applicant to submit either the number identifying the distinguishing placard issued pursuant to Section 22511.55 or the number on the special license plates.
(3)A placard issued pursuant to this subdivision shall expire not later than 30 days from the date of issuance.
(4)The department shall not charge a fee for issuance of a placard under this subdivision.
(5)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(e)The department shall print on a temporary distinguishing placard, the maximum penalty that may be imposed for a violation of Section 4461. For the 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.
(f)The department shall require a person who applies for a temporary placard pursuant to this section to provide proof of his or her true full name and date of birth that shall be established by submitting one of the following to the department:
(1)A copy or facsimile of the applicants state issued drivers license or identification card.
(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(g)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 8.Section 22511.59 is added to the Vehicle Code, to read:22511.59.(a)Upon the receipt of the applications and documents required by subdivision (b), (c), or (d), the department shall issue a temporary distinguishing placard bearing the International Symbol of Access adopted pursuant to Section 3 of Public Law 100-641, commonly known as the wheelchair symbol. During the period for which it is valid, the temporary distinguishing placard may be used for the parking purposes described in Section 22511.5 in the same manner as a distinguishing placard issued pursuant to Section 22511.55.
(b)(1)A person who is temporarily disabled for a period of not more than six months may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the submission of a certificate signed by 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, physician assistant, chiropractor, physical therapist, podiatrist, or optometrist, as described in subdivision (b) of Section 22511.55, substantiating the temporary disability and stating the date upon which the disability is expected to terminate.
(3)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.
(4)A placard issued pursuant to this subdivision shall expire not later than 180 days from the date of issuance or upon the expected termination date of the disability, as stated on the certificate required by paragraph (2), whichever is less.
(5)The fee for a temporary placard issued pursuant to this subdivision shall be six dollars ($6).
(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(c)(1)A person with a permanent disability or a disabled veteran who is not a resident of this state and plans to travel within the state may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require certification of the disability, as described in subdivision (b) of Section 22511.55.
(3)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.
(4)A placard issued pursuant to this subdivision shall expire not later than 90 days from the date of issuance.
(5)The department shall not charge a fee for issuance of a placard under this subdivision.
(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(d)(1)A person with a permanent disability or a disabled veteran who has been issued either a distinguishing placard pursuant to Section 22511.55 or special license plates pursuant to Section 5007, may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a) for the purpose of travel.
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the applicant to submit either the number identifying the distinguishing placard issued pursuant to Section 22511.55 or the number on the special license plates.
(3)A placard issued pursuant to this subdivision shall expire not later than 30 days from the date of issuance.
(4)The department shall not charge a fee for issuance of a placard under this subdivision.
(5)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(e)The department shall print on a temporary distinguishing placard, the maximum penalty that may be imposed for a violation of Section 4461. For the 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.
(f)The department shall require a person who applies for a temporary placard pursuant to this section to provide proof of his or her true full name and date of birth that shall be established by submitting one of the following to the department:
(1)A copy or facsimile of the applicants state issued drivers license or identification card.
(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(g)This section shall become operative on January 1, 2026.
SECTION 1.Section 295.5 of the Vehicle Code is amended to read:295.5.A disabled person or person with a disability is any of the following:(a)Any person who has lost, or has lost the use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, or who has a diagnosed disease or disorder which substantially impairs or interferes with mobility, or who is so severely disabled as to be unable to move without the aid of an assistant device.(b)Any person who is blind to the extent that the persons central visual acuity does not exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity that is greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.(c)Any person who suffers from lung disease to the extent of any of the following:(1)The persons forced (respiratory) expiratory volume for one second when measured by spirometry is less than one liter.(2)The persons arterial oxygen tension (pO2) is less than 60 mm/Hg on room air while the person is at rest.(d)Any person who is impaired by cardiovascular disease to the extent that the persons functional limitations are classified in severity as class III or class IV based upon standards accepted by the American Heart Association.SEC. 2.Section 5007 of the Vehicle Code is amended to read:5007.(a)The department shall, upon application and without additional fees, issue a special license plate or plates pursuant to procedures adopted by the department to all of the following:(1)A person with a disability.(2)A disabled veteran.(3)An organization or agency involved in the transportation of persons with disabilities or disabled veterans if the motor vehicle that will have the special license plate is used solely for the purpose of transporting those persons.(b)The special license plates issued under subdivision (a) shall run in a regular numerical series that includes 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)(A)Except as provided in paragraph (3), before issuing a special license plate to a person with a disability 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.(B)The disability of a person who has lost, or has lost the use of, one or more lower extremities or one hand, for a disabled veteran, or both hands for a person with a disability, or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor or a licensed physical therapist.(C)The disability of a person related to the foot or ankle may be certified by a licensed podiatrist.(D)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.(E)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, 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, physical therapist, podiatrist, 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)For a disabled veteran, the department shall accept, in lieu of the certificate described in paragraph (1), a certificate from a county veterans service officer, the Department of Veterans Affairs, or the United States Department of Veterans Affairs that certifies that the applicant is a disabled veteran as described in Section 295.7.(d)A person with a disability or disabled veteran who is 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 person with a disability or disabled veteran to possess the plate or plates. The certification shall be on a form prescribed by the department and contain the name of the person with a disability or disabled veteran to whom the plate or plates were issued, 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 certification requirements of subdivisions (c) and (d) do not apply to an organization or agency that is issued a special license plate or plates under paragraph (3) of subdivision (a).(f)The special license plate shall, upon the death of the person with a disability or disabled veteran, be returned to the department within 60 days or upon the expiration of the vehicle registration, whichever occurs first.(g)When a motor vehicle subject to paragraph (3) of subdivision (a) is sold or transferred, the special license plate or plates issued to an organization or agency under paragraph (3) of subdivision (a) for that motor vehicle shall be immediately returned to the department.(h)The department shall require a person who applies for a special license plate pursuant to this section to provide proof of the applicants true full name and date of birth that shall be established by submitting one of the following to the department:(1)A copy or facsimile of the applicants state issued drivers license or identification card.(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.SEC. 3.Section 22511.55 of the Vehicle Code is amended to read:22511.55.(a)(1)A person with a disability 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.(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 a nationwide vital statistics clearinghouse and withhold a renewal notice or placard that otherwise would have been sent for a placardholder identified as deceased.(D)The department shall, six years after the first issuance of a placard and every six years thereafter, send the placardholder a renewal form at least 90 days prior to the June 30 expiration date of the current placard. Certification of medical disability and proof of true full name is not required for the renewal. A placardholder who wishes to renew a placard shall fill out the form and submit it to the department prior to expiration of the current placard.(3)Except as provided in paragraph (4), a person is not eligible for more than one placard at a time.(4)Organizations and agencies involved in the transportation of persons with disabilities or disabled veterans may apply for a placard for each vehicle used for the purpose of transporting persons with disabilities or disabled veterans.(5)The department shall require a person who applies for a placard pursuant to this section to provide proof of the persons true full name and date of birth that shall be established by submitting one of the following to the department:(A)A copy or facsimile of the applicants state issued drivers license or identification card.(B)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.(C)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.(b)(1)(A)Except as provided in paragraph (4), prior to issuing an original distinguishing placard to a person with a disability 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.(B)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 person with a disability or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor or a licensed physical therapist.(C)The disability of a person related to the foot or ankle may be certified by a licensed podiatrist.(D)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.(E)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, 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, physical therapist, podiatrist, 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 a county veterans service officer, the Department of Veterans Affairs, or 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. The department shall not issue a substitute placard to a person more than four times in a two-year renewal period. A person who requires a substitute placard in excess of the four replacements authorized pursuant to this subdivision shall reapply to the department for a new placard and submit a new certificate of disability as described in subdivision (b).(d)The distinguishing placard shall be returned to the department not later than 60 days after the death of the person with a disability or disabled veteran to whom the placard was issued.(e)The department shall print on a 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. 4.Section 22511.59 of the Vehicle Code is amended to read:22511.59.(a)Upon the receipt of the applications and documents required by subdivision (b), (c), or (d), the department shall issue a temporary distinguishing placard bearing the International Symbol of Access adopted pursuant to Section 3 of Public Law 100-641, commonly known as the wheelchair symbol. During the period for which it is valid, the temporary distinguishing placard may be used for the parking purposes described in Section 22511.5 in the same manner as a distinguishing placard issued pursuant to Section 22511.55.(b)(1)A person who is temporarily disabled for a period of not more than six months may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the submission of a certificate signed by 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, physician assistant, chiropractor, physical therapist, podiatrist, or optometrist, as described in subdivision (b) of Section 22511.55, substantiating the temporary disability and stating the date upon which the disability is expected to terminate.(3)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.(4)A placard issued pursuant to this subdivision shall expire not later than 180 days from the date of issuance or upon the expected termination date of the disability, as stated on the certificate required by paragraph (2), whichever is less.(5)The fee for a temporary placard issued pursuant to this subdivision shall be six dollars ($6).(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.(c)(1)A person with a permanent disability or a disabled veteran who is not a resident of this state and plans to travel within the state may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).(2)Prior to issuing a placard pursuant to this subdivision, the department shall require certification of the disability, as described in subdivision (b) of Section 22511.55.(3)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.(4)A placard issued pursuant to this subdivision shall expire not later than 90 days from the date of issuance.(5)The department shall not charge a fee for issuance of a placard under this subdivision.(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.(d)(1)A person with a permanent disability or a disabled veteran who has been issued either a distinguishing placard pursuant to Section 22511.55 or special license plates pursuant to Section 5007, may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a) for the purpose of travel.(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the applicant to submit either the number identifying the distinguishing placard issued pursuant to Section 22511.55 or the number on the special license plates.(3)A placard issued pursuant to this subdivision shall expire not later than 30 days from the date of issuance.(4)The department shall not charge a fee for issuance of a placard under this subdivision.(5)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.(e)The department shall print on a temporary distinguishing placard, the maximum penalty that may be imposed for a violation of Section 4461. For the 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.(f)The department shall require a person who applies for a temporary placard pursuant to this section to provide proof of his or her true full name and date of birth that shall be established by submitting one of the following to the department:(1)A copy or facsimile of the applicants state issued drivers license or identification card.(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.A disabled person or person with a disability is any of the following:
(a)Any person who has lost, or has lost the use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, or who has a diagnosed disease or disorder which substantially impairs or interferes with mobility, or who is so severely disabled as to be unable to move without the aid of an assistant device.
(b)Any person who is blind to the extent that the persons central visual acuity does not exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity that is greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.
(c)Any person who suffers from lung disease to the extent of any of the following:
(1)The persons forced (respiratory) expiratory volume for one second when measured by spirometry is less than one liter.
(2)The persons arterial oxygen tension (pO2) is less than 60 mm/Hg on room air while the person is at rest.
(d)Any person who is impaired by cardiovascular disease to the extent that the persons functional limitations are classified in severity as class III or class IV based upon standards accepted by the American Heart Association.
SEC. 2.Section 5007 of the Vehicle Code is amended to read:5007.(a)The department shall, upon application and without additional fees, issue a special license plate or plates pursuant to procedures adopted by the department to all of the following:
(1)A disabled person. A person with a disability.
(2)A disabled veteran.
(3)An organization or agency involved in the transportation of disabled persons with disabilities or disabled veterans if the motor vehicle that will have the special license plate is used solely for the purpose of transporting those persons.
(b)The special license plates issued under subdivision (a) shall run in a regular numerical series that shall include includes 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)(A)Except as provided in paragraph (3), before issuing a special license plate to a disabled person with a disability 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
(B)The disability of a person who has lost, or has lost the use of, one or more lower extremities or one hand, for a disabled veteran, or both hands for a disabled person, person with a disability, or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor. chiropractor or a licensed physical therapist. The
(C)The disability of a person related to the foot or ankle may be certified by a licensed podiatrist. The
(D)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
(E)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, 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, nurse-midwife, physician assistant, chiropractor, physical therapist, podiatrist, 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)For a disabled veteran, the department shall accept, in lieu of the certificate described in paragraph (1), a certificate from a county veterans service officer, the Department of Veterans Affairs, or the United States Department of Veterans Affairs that certifies that the applicant is a disabled veteran as described in Section 295.7.
(d)A disabled person with a disability or disabled veteran who is 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 with a disability or disabled 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 with a disability or disabled veteran to whom the plate or plates were issued, 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 certification requirements of subdivisions (c) and (d) do not apply to an organization or agency that is issued a special license plate or plates under paragraph (3) of subdivision (a).
(f)The special license plate shall, upon the death of the disabled person with a disability or disabled veteran, be returned to the department within 60 days or upon the expiration of the vehicle registration, whichever occurs first.
(g)When a motor vehicle subject to paragraph (3) of subdivision (a) is sold or transferred, the special license plate or plates issued to an organization or agency under paragraph (3) of subdivision (a) for that motor vehicle shall be immediately returned to the department.
(h)The department shall require a person who applies for a special license plate pursuant to this section to provide proof of the applicants true full name and date of birth that shall be established by submitting one of the following to the department:
(1)A copy or facsimile of the applicants state issued drivers license or identification card.
(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
SECTION 1.SEC. 3.Section 22511.55 of the Vehicle Code is amended to read:22511.55.(a)(1)A disabled person with a disability 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.
(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 a nationwide vital statistics clearinghouse, clearinghouse and withhold any a renewal notices or placards notice or placard that otherwise would have been sent for a placardholder identified as deceased.
(D)The department shall, six years after the first issuance of a placard and every six years thereafter, send the placardholder a renewal form at least 90 days prior to the June 30 expiration date of the current placard. Certification of medical disability and proof of true full name is not required for the renewal. A placardholder who wishes to renew a placard shall fill out the form and submit it to the department prior to expiration of the current placard.
(3)Except as provided in paragraph (4), a person shall not be is not eligible for more than one placard at a time.
(4)Organizations and agencies involved in the transportation of disabled persons with disabilities or disabled veterans may apply for a placard for each vehicle used for the purpose of transporting disabled persons with disabilities or disabled veterans.
(5)The department shall require a person who applies for a placard pursuant to this section to provide proof of the persons true full name and date of birth that shall be established by submitting one of the following to the department:
(A)A copy or facsimile of the applicants state issued drivers license or identification card.
(B)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(C)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(b)(1)(A)Except as provided in paragraph (4), prior to issuing an original distinguishing placard to a disabled person with a disability 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, disability unless the applicants disability is readily observable and uncontested. The
(B)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, person with a disability or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor or a licensed physical therapist. The
(C)The disability of a person related to the foot or ankle may be certified by a licensed podiatrist. The
(D)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
(E)The physician and surgeon, nurse practitioner, certified nurse-midwife, physician assistant, chiropractor, physical therapist, 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, physical therapist, podiatrist, 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 a county veterans service officer, the Department of Veterans Affairs, or 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, eligibility if that placard is lost or stolen. The department shall not issue a substitute placard to a person more than four times in a two-year renewal period. A person who requires a substitute placard in excess of the four replacements authorized pursuant to this subdivision shall reapply to the department for a new placard and submit a new certificate of disability as described in subdivision (b).
(d)The distinguishing placard shall be returned to the department not later than 60 days after the death of the disabled person with a disability or disabled veteran to whom the placard was issued.
(e)The department shall print on any a 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. 4.Section 22511.59 of the Vehicle Code is amended to read:22511.59.(a)Upon the receipt of the applications and documents required by subdivision (b), (c), or (d), the department shall issue a temporary distinguishing placard bearing the International Symbol of Access adopted pursuant to Section 3 of Public Law 100-641, commonly known as the wheelchair symbol. During the period for which it is valid, the temporary distinguishing placard may be used for the parking purposes described in Section 22511.5 in the same manner as a distinguishing placard issued pursuant to Section 22511.55.
(b)(1)A person who is temporarily disabled for a period of not more than six months may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the submission of a certificate signed by 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, nurse-midwife, physician assistant, chiropractor, physical therapist, podiatrist, or optometrist, as described in subdivision (b) of Section 22511.55, substantiating the temporary disability and stating the date upon which the disability is expected to terminate.
(3)The physician and surgeon, nurse practitioner, certified nurse midwife, nurse-midwife, physician assistant, chiropractor, physical therapist, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.
(4)A placard issued pursuant to this subdivision shall expire not later than 180 days from the date of issuance or upon the expected termination date of the disability, as stated on the certificate required by paragraph (2), whichever is less.
(5)The fee for a temporary placard issued pursuant to this subdivision shall be six dollars ($6).
(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(c)(1)A permanently disabled person or person with a permanent disability or a disabled veteran who is not a resident of this state and plans to travel within the state may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a).
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require certification of the disability, as described in subdivision (b) of Section 22511.55.
(3)The physician and surgeon, nurse practitioner, certified nurse midwife, nurse-midwife, physician assistant, chiropractor, physical therapist, podiatrist, or optometrist who signs a certificate submitted under this subdivision shall maintain 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.
(4)A placard issued pursuant to this subdivision shall expire not later than 90 days from the date of issuance.
(5)The department shall not charge a fee for issuance of a placard under this subdivision.
(6)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(d)(1)A permanently disabled person or person with a permanent disability or a disabled veteran who has been issued either a distinguishing placard pursuant to Section 22511.55 or special license plates pursuant to Section 5007, but not both, may apply to the department for the issuance of the temporary distinguishing placard described in subdivision (a) for the purpose of travel.
(2)Prior to issuing a placard pursuant to this subdivision, the department shall require the applicant to submit either the number identifying the distinguishing placard issued pursuant to Section 22511.55 or the number on the special license plates.
(3)A placard issued pursuant to this subdivision shall expire not later than 30 days from the date of issuance.
(4)The department shall not charge a fee for issuance of a placard under this subdivision.
(5)A placard issued pursuant to this subdivision shall be renewed a maximum of six times consecutively.
(e)The department shall print on a temporary distinguishing placard, the maximum penalty that may be imposed for a violation of Section 4461. For the 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.
(f)The department shall require a person who applies for a temporary placard pursuant to this section to provide proof of his or her true full name and date of birth that shall be established by submitting one of the following to the department:
(1)A copy or facsimile of the applicants state issued drivers license or identification card.
(2)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(3)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(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.
(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 a nationwide vital statistics clearinghouse, and withhold any renewal notices or placards that otherwise would have been sent for a placardholder identified as deceased.
(D)The department shall, six years after the first issuance of a placard and every six years thereafter, send the placardholder a renewal form at least 90 days prior to the June 30 expiration date of the current placard. Certification of medical disability and proof of true full name is not required for the renewal. A placardholder who wishes to renew a placard shall fill out the form and submit it to the department prior to expiration of the current placard.
(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.
(5)The department shall require a person who applies for a placard pursuant to this section to provide proof of the persons true full name and date of birth that shall be established by submitting one of the following to the department:
(A)A copy or facsimile of the applicants state issued drivers license or identification card.
(B)A copy or facsimile of the document required for an applicant for a drivers license or identification card to establish the applicants true full name.
(C)An applicant unable to establish legal presence in the United States may fulfill the true full name and date of birth requirement by providing the department a copy or facsimile of the documents used to establish identity pursuant to Section 12801.9.
(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 or a licensed physical therapist. The disability of a person related to the foot or ankle may be certified by a licensed podiatrist. 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, physical therapist, 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, nurse-midwife, physician assistant, chiropractor, physical therapist, podiatrist, 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 a county veterans service officer, the Department of Veterans Affairs, or 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. The department shall not issue a substitute placard to a person more than four times in a two-year renewal period. A person who requires a substitute placard in excess of the four replacements authorized pursuant to this subdivision shall reapply to the department for a new placard and submit a new certificate of disability as described in subdivision (b).
(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.
|
Date
|
Status
|
|---|---|
| Aug 15, 2024 | In committee: Held under submission. |
| Jun 24, 2024 | In committee: Referred to suspense file. |
| Jun 13, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 12, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (June 11). |
| May 29, 2024 | Referred to Com. on TRANS. |
| May 22, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5383.) |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 16). |
| May 16, 2024 | Read second time and amended. Ordered returned to second reading. |
| May 16, 2024 | Assembly Rule 63 suspended. |
| May 1, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 11, 2024 | Re-referred to Com. on APPR. pursuant to Assembly Rule 96. |
| Apr 2, 2024 | From committee: Do pass and re-refer to Com. on M. & V.A. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 1). Re-referred to Com. on M. & V.A. |
| Apr 1, 2024 | Re-referred to Com. on TRANS. |
| Mar 21, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Feb 26, 2024 | Referred to Coms. on TRANS. and M. & V.A. |
| Feb 9, 2024 | From printer. May be heard in committee March 10. |
| Feb 8, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 24, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 11, 2024 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation |
Passed |
|
| May 21, 2024 | AB 2289 Low Assembly Third Reading | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 1, 2024 | Do pass and be re-referred to the Committee on [Military and Veterans Affairs] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Physical Therapy Association | ** Support | |
| California State Association Of Counties | ** Support | |
| National Multiple Sclerosis Society | ** Support | |
| United Nurses Associations Of California/Union Of Health Care Professionals | ** Support |
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2289 (Low) - Vehicles: parking placards and special license plates for disabled veterans and persons with disabilities
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 2289 would authorize licensed physical therapists to certify a person’s disability, beginning January 1, 2026, for purposes of applying to the Department of Motor Vehicles (DMV) for issuance of a disability placard, license plate, or temporary disability placard, as specified.
Fiscal Impact:
- DMV would incur one-time costs, likely in excess of $150,000, to update forms and publications, and make necessary IT modifications to the department’s disabled person parking placard and plate issuance programs. Staff notes that DMV cannot provide a detailed estimate of costs to make those IT modifications at this time. See staff comments for information regarding DMV implementation challenges. (Motor Vehicle Account)
- Any costs to the Physical Therapy Board to coordinate with DMV in their conduct of random audits of disabled placard and plate applications would be minor and absorbable.
Background:
Existing law authorizes individuals with a disability to apply to the DMV for issuance of a disability placard, license plate, or temporary disability placard, without paying a fee. To obtain a placard or plate, the individual must submit an application to DMV that includes a description of the disability and a certification from specified medical providers, depending on the type of disability. Both placards and plates allow these permitted individuals to park in parking spaces designated for people with disabilities, in metered spaces for free, and for an unlimited duration in time‑limited spaces. Temporary placards, which are issued in relation to a temporary disability, are valid for up to six months and are renewable up to six consecutive times. People with a permanent qualifying disability can receive a blue permanent placard and can also receive a license plate. Permanent placards expire on June 30 of every odd‑numbered year, and DMV automatically issues and mails renewal placards. There are currently 2.7 million disabled placards and plates in circulation.
Existing law defines “physical therapy” to mean the art and science of physical or corrective rehabilitation or of physical or corrective treatment of any bodily or mental condition of any person by the use of the physical, chemical, and other properties of heat, light, water, electricity, sound, massage, and active, passive, and resistive exercise, and shall include physical therapy evaluation, treatment planning, instruction and consultative services. The practice of physical therapy includes the promotion and maintenance of physical fitness to enhance the bodily movement related health and wellness of individuals through the use of physical therapy interventions. The California Physical Therapy Board, under the Department of Consumer Affairs, licenses and regulates the practice of physical therapy. There are currently 38,983 physical therapists that are licensed by the Board to practice in California.
Proposed Law:
AB 2289 would authorize a licensed physical therapist, beginning January 1, 2026, to certify a disability for the following persons for purposes of receiving a disability placard, plate or temporary placard from DMV:
- A person who has lost, or has lost the use of, one or more lower extremities.
- A disabled veteran who has lost one hand, or a disabled person who has lost two hands.
- A person who has significant limitation in the use of lower extremities.
The bill would require the physical therapist providing certification to provide a full description of the disability on the form submitted to DMV, to retain information sufficient to substantiate the disability, and, upon the request of DMV, make the information available for inspection by the Medical Board of California or the appropriate regulatory board.
Related Legislation:
AB 611 (Hill), Chap. 485/2017, made various changes to the disabled persons parking placard program to address issues related to fraudulent use of placards, including requiring DMV to conduct quarterly random audits of applications, as specified. The bill also authorized podiatrists to certify a disability related to the foot or ankle.
Staff Comments:
The DMV is currently reliant on aging legacy IT systems to support its operations. The obsolete technology continues to put the state at risk of major disruptions should these applications fail. The department is currently engaged in a multi-year effort to modernize IT systems and expects this “Enterprise Modernization Project – the Digital eXperience Project” (DXP) to last through fiscal year 2025-26. DMV indicates that it is currently under contract with a vendor, separate from the DXP contract, to develop and deploy a solution that is intended to make the current disabled placard and plate issuance programs operational within the new DXP platform, and modifications related to this bill are not within the scope of that contract. Any changes would require subsequent integration with the larger IT modernization efforts. DMV further indicates that it would not be able to make the necessary IT modifications related to this bill by the January 1, 2026 operative date, which is within the projected 2025-26 timeframe for completing the DXP.
The Legislative Analyst’s Office (LAO) recently published a report as part of its analysis of the Governor’s proposed 2024-25 Budget entitled “Insolvency Risks for Environmental and Transportation Special Funds” that includes an evaluation of the MVA. The report notes that between 2018-19 and 2023-24, MVA revenues have increased by $714 million while expenditures have increased by about $1 billion, and since 2021-22, annual expenditures have exceeded yearly revenues, resulting in a structural imbalance. The MVA is expected to fully exhaust its reserves and become insolvent in 2025-26 (Budget Year +1). Specifically, the administration projects expenditures will exceed available resources by roughly $140 million in 2025-26. Absent actions to address the MVA fund condition, approving any new proposals that would increase MVA expenditures would exacerbate the structural imbalance and hasten the insolvency timeline. As such, the LAO recommends that “the Legislature set a high bar for considering approval of any proposals that create additional MVA cost pressures and accelerate the risk of insolvency.” As such, this bill would result in increases in MVA expenditures that would exacerbate the fund’s structural imbalance.
-- END --
SENATE COMMITTEE ON TRANSPORTATION
Senator Dave Cortese, Chair
2023 - 2024 Regular
Bill No: AB 2289 Hearing Date: 6/11/2024
Author: | Low | ||
Version: | 5/16/2024 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Randy Chinn | ||
SUBJECT: Vehicles: parking placards and special license plates for disabled veterans and persons with disabilities
DIGEST: This bill, beginning January 1, 2026, authorizes a licensed physical therapist to certify certain disabled persons for the purposes of receiving a disability placard, plate or temporary disability placard from the Department of Motor Vehicles (DMV).
ANALYSIS:
Existing law:
- Authorizes DMV to issue disability placards or plates to disabled persons and disabled veterans. (Vehicle Code Section (VEH) § 5007 and § 22511.55)
- Requires a person, in order to obtain a disability placard or plate, or temporary disability placard 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 has a significant limitation in the use of his or her lower extremities. (VEH) §§ 5007, 22511.55 and 22511.59)
- Authorizes a disabled person or disabled veteran displaying a disability placard or plate to park for unlimited periods of time in any parking zone that is restricted as to the length of time parking is permitted and to park for free in any metered parking space. (VEH § 22511.5)
- Requires DMV to conduct a quarterly random audit of applications submitted and processed to verify the authenticity of the certificates and information submitted in support of those applications and requires DMV to seek the cooperation of the Medical Board of California or the appropriate regulatory boards in conducting the audits. (VEH § 1825)
- Defines physical therapy to mean the art and science of physical or corrective rehabilitation or of physical or corrective treatment of any bodily or mental condition of any person by the use of the physical, chemical, and other properties of heat, light, water, electricity, sound, massage, and active, passive, and resistive exercise, and shall include physical therapy evaluation, treatment planning, instruction and consultative services. The practice of physical therapy includes the promotion and maintenance of physical fitness to enhance the bodily movement related health and wellness of individuals through the use of physical therapy interventions. “Physical therapy” does not authorize the diagnosis of disease. (Business and Professions Code Section 2620).
This bill:
- Authorizes, beginning January 1, 2026, a licensed physical therapist to certify the following disabled persons for purposes of receiving a disability placard, plate or temporary placard from DMV:
- A person who has lost, or has lost the use of, one or more lower extremities;
- A disabled veteran who has lost one hand, or a disabled person who has lost two hands; and,
- A person who has significant limitation in the use of lower extremities.
- Requires the physical therapist to provide a full description of the disability on the form submitted to DMV.
- Requires a physical therapist to retain information sufficient to substantiate the disability and, upon the request of DMV, make the information available for inspection by the Medical Board of California or the appropriate regulatory board.
COMMENTS:
- Author’s Statement. “Physical therapists go through rigorous education and training to earn their licenses and degrees. They frequently engage with patients with mobility issues often on a weekly basis, sometimes even 2-3 times a week, to ensure progress. AB 2289 is a simple measure to allow physical therapists to certify individuals for disability placards, enhancing patient accessibility.”
- Expanding the Pool. Disability plates and placards give persons with disabilities preferential parking, including free and no-time-limit parking. Because preferential parking is so valuable, some proof of disability is required to obtain the privilege. Medical professionals typically provide that proof. This bill allows licensed physical therapists to provide proof when the disability results from the loss of one or more lower extremities, one or more hands, or from a significant limitation in the use of lower extremities. Under current law, this proof can be provided by a physician, surgeon, nurse practitioner, nurse-midwife, physician assistant, and licensed chiropractor.
- Misuse. Concerns about misuse of the disabled placards have existed for some time. California’s very generous disability placard benefits -- The Assembly Transportation Committee notes that California is one of only eight states that permits individuals with a disability placard to park at a metered parking space for an unlimited amount of time for free – make the placards very valuable. Misuse denies disabled individuals preferential parking spaces, costs local governments revenue, and makes parking more difficult for others. DMV notes that there are 2.7 million disabled parking placards and plates in circulation. In 2019 the DMV estimated that one is 10 are misused. Suspected fraud can be reported online.
- Technical Amendment. On page 18, line 23 insert “licensed” before “physical therapist”.
Related Legislation:
SB 611 (Hill, Chapter 485, Statutes of 2017). Added podiatrists to the list of medical professionals that can sign off on a disability placard/plate and required DMV to conduct quarterly audits of applicants for disability placards and plates, amongst other things.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 5, 2024.)
SUPPORT:
California Physical Therapy Association
National Multiple Sclerosis Society, Ms-can
OPPOSITION:
None Received.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2289
Author:(Low)
As Amended Ver:May 16, 2024
Majority vote
SUMMARY
Authorizes a licensed physical therapist to certify certain disabled persons for the purposes of receiving a disability placard, plate or temporary disability placard from the Department of Motor Vehicles (DMV) starting January 1, 2026.
Major Provisions
- Authorizes a licensed physical therapist to certify the following disabled persons for purposes of receiving a disability placard, plate or temporary placard from DMV:
- A person who has lost, or has lost the use of, one or more lower extremities;
- A disabled veteran who has lost one hand, or a disabled person who has lost two hands; and,
- A person who has significant limitation in the use of lower extremities.
- Requires the physical therapist to provide a full description of the illness or disability on the form submitted to DMV.
- Requires a physical therapist to retain information sufficient to substantiate the disability and, upon the request of DMV, make the information available for inspection by the Medical Board of California or the appropriate regulatory board.
COMMENTS
The state has recognized the need to accommodate individuals with mobility issues by providing them with preferential parking, using specially designated license plates and placards that allow them to park in preferential parking stalls as well as to park free for unlimited periods at metered parking spaces.
Under existing law, a physician, surgeon, nurse practitioner, certified nurse-midwife, or physician assistant may substantiate a person's disability to receive a disability plate, placard, or temporary disability placard. In addition, a chiropractor may certify that a person has a disability only if the person lost the use of one or more lower extremities or one hand, for a disabled veteran, or both hands for a disabled person, person with a disability, or who has significant limitation in the use of lower extremities.
Twelve other states have permitted physical therapists to sign off on a disability placard. According to the American Physical Therapy Association, Alaska, Colorado, Illinois, Iowa, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, North Dakota, and Tennessee all permit a physical therapist to sign off on a disability placard. There is currently a 2-year bill in the Pennsylvania Assembly to permit the physical therapist to sign off on a disability placard. That bill has not been set for a hearing and is at least the second attempt to pass such a piece of legislation in the state.
California is one of only eight states that permits individuals with a disability placard to park at a metered parking space for an unlimited amount of time for free. Two of those states, Illinois and Oregon, do not extend free parking for unlimited amounts of time at metered parking with a maximum 30 minute wait time. The allowance for free parking has created a situation where individuals are incentivized to commit fraud regarding disabilities to receive free parking.
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 placards and that the majority of the cars were parked in the spaces most of the day, suggesting that the occupants worked nearby. Surveys conducted by the San Francisco Metropolitan Transit Association (SFMTA) indicate that fraudulent placard use is a significant problem, with SFMTA noting that on many occasions nearly 50% of cars parked in the downtown area have placards. SFMTA goes on to say that placard abuse results in a substantial loss of parking revenue and reduces the "turnover" of available parking spaces.
The California State Auditor's report, released in April 2017, found that much of the fraud in the program results from insufficient program oversight by DMV. Specifically, the State Auditor noted, among other things, that DMV does not sufficiently ensure that applications for placards or plates are legitimate, that DMV fails to identify and cancel placards or plates issued to individuals that are likely deceased, and policies allowing individuals to receive unlimited numbers replacement placard is problematic. In its response to the audit, DMV agreed to and did address the State Auditor's recommendations. The Legislature also passed SB 611 (Hill), Chapter 485, Statutes of 2017, implementing the recommendations of the audit.
One of the provisions of SB 611 requires the DMV to conduct a quarterly random audit of applications submitted and processed to verify the authenticity of the certificates and information submitted in support of those applications and requires the DMV to seek the cooperation of the Medical Board of California or the appropriate regulatory boards in conducting the audits. By adding a physical therapist to the list of medical professionals who can sign off on a disability permit, DMV would be required to seek cooperation with the Physical Therapy Board of California when verifying the authenticity of the certificates provided by applicants for a disability placard from a physical therapist.
According to the Author
"Physical therapists go through rigorous education and training to earn their licenses and degrees. They frequently engage with patients with mobility issues often every week, sometimes even 2-3 times a week, to ensure progress. AB 2289 is a simple measure to allow physical therapists to certify individuals for disability placards, enhancing patient accessibility."
Arguments in Support
According to the California Physical Therapy Association, "A common scenario in care sees the patient receive a diagnosis from a physician and, in some instances, a surgical intervention, followed by multiple treatments by a physical therapist. For chronic, long-term conditions, such as multiple sclerosis or cerebral palsy, these are lifelong and often very limiting in terms of movement. Other conditions can be temporarily disabling, necessitating a more time-limited certification. In either case, the physical therapist sees these patients on multiple occasions, typically two-to-three times per week, knows well the patient's limitations and/or improvements, and can knowledgeably and efficiently present an accurate picture of need for this certification, versus requiring the patient to seek another appointment and to impact the original physician's or another provider's time in completing the necessary forms."
Arguments in Opposition
None on file
FISCAL COMMENTS
According to Assembly Appropriation Committee:
- Costs to DMV to update forms and publications and modify information technology (IT) systems, likely in excess of $150,000.
DMV did not put a dollar amount on these costs; however, DMV warns that any changes to its IT systems will require subsequent integration with the DMV's larger modernization effort – DXP—and at a considerable cost. All costs would come from the Motor Vehicle Account (MVA).
In addition, DMV contends it would not be able to implement this bill's requirements by the bill's operative date.
According to the Legislative Analyst's Office (LAO), the (MVA)—the main funding source for DMV—is expected to fully exhaust its reserves and become insolvent in fiscal year 2025‑26. The LAO further warns that the MVA, absent corrective action, such as revenue increases or spending reductions, will experience a negative fund balance of $1.4 billion in fiscal year 2028‑29.
- Minor and absorbable costs to the Physical Therapy Board.
VOTES
ASM TRANSPORTATION: 15-0-0
YES: Wilson, Vince Fong, Aguiar-Curry, Berman, Juan Carrillo, Davies, Hart, Jackson, Lowenthal, Papan, Sanchez, Ting, Wallis, Ward, Wicks
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta
UPDATED
VERSION: May 16, 2024
CONSULTANT: David Sforza / TRANS. / (916) 319-2093 FN: 0003354
Date of Hearing: May 1, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2289
Author:(Low) – As Amended Ver:March 21, 2024
Policy Committee: | Transportation | Vote: | 15 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill adds a physical therapist to the list of professionals who may submit a signed certificate to the Department of Motor Vehicles (DMV) to certify a person has a disability for purposes of applying to the department for issuance of a distinguishing placard, which DMV refers to as a disabled person placard or plate.
FISCAL EFFECT:
- Costs to DMV to update forms and publications and modify information technology (IT) systems, likely in excess of $150,000.
DMV did not put a dollar amount on these costs; however, DMV warns that any changes to its IT systems will require subsequent integration with the DMV’s larger modernization effort – DXP—and at a considerable cost. All costs would come from the Motor Vehicle Account (MVA).
In addition, DMV contends it would not be able to implement this bill’s requirements by the bill’s operative date.
According to the Legislative Analyst’s Office (LAO), the (MVA)—the main funding source for DMV—is expected to fully exhaust its reserves and become insolvent in fiscal year 2025‑26. The LAO further warns that the MVA, absent corrective action, such as revenue increases or spending reductions, will experience a negative fund balance of $1.4 billion in fiscal year 2028‑29.
- Minor and absorbable costs to the Physical Therapy Board.
COMMENTS:
- Purpose. The author notes the extensive training required of physical therapists, as well as their oftentimes regular, frequent interaction with patients with disabilities. The National Multiple Sclerosis Society contends this bill provides persons living with multiple sclerosis “an easy and efficient means to obtaining a renewal of a disability placard.”
- Background.
Certification of Disability. Existing law requires DMV to issue a disability placard or plate to a qualifying customer, without additional fees.
To be eligible to receive such a placard or plate, a person must submit to DMV a certificate, signed by a physician and surgeon, or, in some instances, by a nurse practitioner, a certified nurse-midwife, or a physician assistant, substantiating the disability, unless the applicant’s disability is readily observable and uncontested. The law also authorizes other types of health professionals to certify a person’s disability, as follows:
- The disability of a person who has lost, or has lost the 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 disability of a person related to the foot or ankle may be certified by a licensed podiatrist.
- 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.
This bill additional allows a licensed physical therapist to certify the disability of a person who has lost, or has lost the use of, one or more lower extremities or one hand, for a disabled veteran, or both hands for a person with a disability, or who has significant limitation in the use of lower extremities.
State Auditor Report. In many jurisdictions, a vehicle displaying a disabled person placard or plate may park for extended periods in spaces that are otherwise time restricted, and oftentimes at no cost. In 2017, the State Auditor released a report on the use of such placards and plates and DMV’s administration of the program. The State Auditor made several recommendations:
- Require DMV to seek the assistance of health boards and conduct quarterly audits of applications for placards or plates.
- Require DMV to use the federal death master file to inform its efforts to identify deceased placard holders and cancel their placards.
- DMV should establish goals regarding the number of sting operations its district offices should perform each quarter and develop and implement an application, database or other technology to allow local parking enforcement officials to have immediate access to placard status information.
Subsequent legislation directed DMV to conduct quarterly audits of applicants for disability placards and plates.
- Support. The bill is supported by the California Physical Therapy Association and the National Multiple Sclerosis Society. The committee is unaware of opposition to this bill.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: April 1, 2024
ASSEMBLY COMMITTEE ON TRANSPORTATION
Lori D. Wilson, Chair
ABPCA Bill Id:AB 2289 (
Author:Low) – As Amended Ver:March 21, 2024
SUBJECT: Vehicles: parking placards and special license plates for disabled veterans and persons with disabilities
SUMMARY: Authorizes a licensed physical therapist to certify certain disabled persons for the purposes of receiving a disability placard, plate or temporary disability placard from the Department of Motor Vehicles (DMV). Specifically, this bill:
- Authorizes a licensed physical therapist to certify the following disabled persons for purposes of receiving a disability placard, plate or temporary placard from DMV:
- A person who has lost, or has lost the use of, one or more lower extremities;
- A disabled veteran who has lost one hand, or a disabled person who has lost two hands; and,
- A person who has significant limitation in the use of lower extremities.
- Requires the physical therapist to provide a full description of the illness or disability on the form submitted to DMV.
- Requires a physical therapist to retain information sufficient to substantiate the disability and, upon the request of DMV, make the information available for inspection by the Medical Board of California or the appropriate regulatory board.
EXISTING LAW:
- Authorizes DMV to issue disability placards or plates to disabled persons. (Vehicle Code Section (VEH) 5007 and 22511.55)
- Defines “disabled person” to mean a person who has lost, or has lost the use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, or who has a diagnosed disease or disorder which substantially impairs or interferes with mobility, or who is so severely disabled as to be unable to move without the aid of an assistant device. It also includes a person who is blind to the extent that the person’s central visual acuity does not exceed 20/200 in the better eye, a person who suffers from certain lung diseases, or a person who is impaired by cardiovascular disease. (VEH 295.5)
- Requires a person, in order to obtain a disability placard or plate, or temporary disability placard 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 has a significant limitation in the use of his or her lower extremities. (VEH) 5007, 22511.55 and 22511.59)
- Authorizes a disabled person or disabled veteran displaying a disability placard or plate to park for unlimited periods of time in any parking zone that is restricted as to the length of time parking is permitted and to park for free in any metered parking space. (VEH 22511.5)
- Requires DMV to conduct a quarterly random audit of applications submitted and processed to verify the authenticity of the certificates and information submitted in support of those applications and requires DMV to seek the cooperation of the Medical Board of California or the appropriate regulatory boards in conducting the audits. (VEH 1825)
- Defines physical therapy to mean the art and science of physical or corrective rehabilitation or of physical or corrective treatment of any bodily or mental condition of any person by the use of the physical, chemical, and other properties of heat, light, water, electricity, sound, massage, and active, passive, and resistive exercise, and shall include physical therapy evaluation, treatment planning, instruction and consultative services. The practice of physical therapy includes the promotion and maintenance of physical fitness to enhance the bodily movement related health and wellness of individuals through the use of physical therapy interventions. “Physical therapy” does not authorize the diagnosis of disease. (Business and Professions Code Section (BPC) 2620).
FISCAL EFFECT: Unknown
COMMENTS: The state has recognized the need to accommodate individuals with mobility issues by providing them with preferential parking, using specially designated license plates and placards that allow them to park in preferential parking stalls as well as to park free for unlimited periods at metered parking spaces.
Under existing law, a physician, surgeon, nurse practitioner, certified nurse-midwife, or physician assistant may substantiate a person’s disability to receive a disability plate, placard, or temporary disability placard. In addition, a chiropractor may certify that a person has a disability only if the person lost the use of one or more lower extremities or one hand, for a disabled veteran, or both hands for a disabled person, person with a disability, or who has significant limitation in the use of lower extremities.
According to the author, “Physical therapists go through rigorous education and training to earn their licenses and degrees. They frequently engage with patients with mobility issues often every week, sometimes even 2-3 times a week, to ensure progress. AB 2289 is a simple measure to allow physical therapists to certify individuals for disability placards, enhancing patient accessibility.”
Twelve other states have permitted physical therapists to sign off on a disability placard. According to the American Physical Therapy Association, Alaska, Colorado, Illinois, Iowa, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, North Dakota, and Tennessee all permit a physical therapist to sign off on a disability placard. There is currently a 2-year bill in the Pennsylvania Assembly to permit the physical therapist to sign off on a disability placard. That bill has not been set for a hearing and is at least the second attempt to pass such a piece of legislation in the state.
California is one of only eight states that permits individuals with a disability placard to park at a metered parking space for an unlimited amount of time for free. Two of those states, Illinois and Oregon, do not extend free parking for unlimited amounts of time at metered parking with a maximum 30 minute wait time. The allowance for free parking has created a situation where individuals are incentivized to commit fraud regarding disabilities to receive free parking.
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 placards and that the majority of the cars were parked in the spaces most of the day, suggesting that the occupants worked nearby. Surveys conducted by the San Francisco Metropolitan Transit Association (SFMTA) indicate that fraudulent placard use is a significant problem, with SFMTA noting that on many occasions nearly 50% of cars parked in the downtown area have placards. SFMTA goes on to say that placard abuse results in a substantial loss of parking revenue and reduces the "turnover" of available parking spaces.
The California State Auditor's report, released in April 2017, found that much of the fraud in the program results from insufficient program oversight by DMV. Specifically, the State Auditor noted, among other things, that DMV does not sufficiently ensure that applications for placards or plates are legitimate, that DMV fails to identify and cancel placards or plates issued to individuals that are likely deceased, and policies allowing individuals to receive unlimited numbers replacement placard is problematic. In its response to the audit, DMV agreed to and did address the State Auditor's recommendations. The Legislature also passed SB 611 (Hill), Chapter 485, Statutes of 2017, implementing the recommendations of the audit.
One of the provisions of SB 611 requires the DMV to conduct a quarterly random audit of applications submitted and processed to verify the authenticity of the certificates and information submitted in support of those applications and requires the DMV to seek the cooperation of the Medical Board of California or the appropriate regulatory boards in conducting the audits. By adding a physical therapist to the list of medical professionals who can sign off on a disability permit, DMV would be required to seek cooperation with the Physical Therapy Board of California when verifying the authenticity of the certificates provided by applicants for a disability placard from a physical therapist.
Previous Legislation:
SB 611 (Hill), Chapter 485, Statutes of 2017 added podiatrist to the list of medical professionals that can sign off on a disability placard/plate and required DMV to conduct quarterly audits of applicants for disability placards and plates, amongst other things.
REGISTERED SUPPORT / OPPOSITION:
Support
California Physical Therapy Association
California State Association of Counties
National Multiple Sclerosis Society
United Nurses Associations of California/Union of Health Care Professionals
Opposition
None on file
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
Discussed in Hearing
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Bill Author
Bill Co-Author(s):