Bill Text: CA AB2557 | 2019-2020 | Regular Session | Amended

California Assembly Bill 2557 (Prior Session Legislation)

Bill Title: Disabled placards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-16 - Re-referred to Com. on TRANS. [AB2557 Detail]

Download: California-2019-AB2557-Amended.html

Amended IN Assembly March 12, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2557

Introduced by Assembly Member Quirk

February 19, 2020

An act to amend Section ~~27360~~ 22511.59 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 2557, as amended, Quirk. ~~Vehicles: child safety seats.~~ Disabled placards.

Existing law authorizes a vehicle equipped with a special license plate, placard, or temporary placard indicating the person is a person with a disability, disabled veteran, or an organization or agency involved in the transportation of persons with disabilities or disabled veterans, as specified, to exercise certain parking privileges, including parking or leaving standing a vehicle in a stall or parking place designated for a person with a disability or disabled veteran. Under existing law, prior to issuing a temporary distinguishing placard, the Department of Motor Vehicles requires the submission of a certificate substantiating the temporary disability, signed by a physician and surgeon, or other specified medical personnel. Existing law allows a person with a permanent disability or disabled veteran who is not a resident of this state and plans to travel within the state to apply to the department for the issuance of a temporary distinguishing placard.
This bill would clarify, for the issuance of that temporary distinguishing placard, that the person plans on traveling within the state without the parking placard or license plate for persons with disabilities or disabled veterans issued by their home state.
Existing law requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child under 8 years of age in a rear seat in an appropriate passenger restraint system which conforms to federal standards while the child is riding in a motor vehicle. Existing law requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child under 2 years of age in an appropriate rear-facing child safety seat while the child is riding in a motor vehicle unless that child weighs 40 or more pounds or is 40 or more inches tall.
~~This bill would make a technical, nonsubstantive change to these provisions.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

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~~ person with a permanent disability or disabled veteran who is not a resident of this state and plans to travel within the state without the parking placard or license plate for persons with disabilities or disabled veterans issued by their home 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.

(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~~ person with a permanent disability 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 applicant’s state issued driver’s license or identification card.

(2) A copy or facsimile of the document required for an applicant for a driver’s license or identification card to establish the applicant’s 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.Section 27360 of the Vehicle Code is amended to read:
27360.
(a)Except as provided in Section 27363, a parent, legal guardian, or driver who transports a child under eight years of age on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, shall properly secure that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards.
(b)Except as provided in Section 27363, a parent, legal guardian, or driver who transports a child under two years of age on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, shall properly secure the child in a rear-facing child passenger restraint system that meets applicable federal motor vehicle safety standards, unless the child weighs 40 or more pounds or is 40 or more inches tall. The child shall be secured in a manner that complies with the height and weight limits specified by the manufacturer of the child passenger restraint system.
~~(c)This section does not apply to a driver if the parent or legal guardian of the child is a passenger in the motor vehicle.~~