Bill Text: CA AB2602 | 2015-2016 | Regular Session | Amended
Bill Title: Disabled parking placards.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2602 Detail]
Download: California-2015-AB2602-Amended.html
BILL NUMBER: AB 2602 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 11, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Gatto
FEBRUARY 19, 2016
An act to add Section 734 to the Business and Professions
Code, and to amend Sections 4461 and 22511.55
4461, 4463, 22511.55, and 22511.6 of, to
amend, repeal, and add Section 22511.551 to,
22511.5 of, and to repeal and add
Section 22511.5 of, 22511.551 to, the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2602, as amended, Gatto. Disabled parking placards.
Existing law authorizes a disabled person or disabled veteran to
apply to the Department of Motor Vehicles (DMV) for the issuance of a
distinguishing license plate or placard that entitles the person or
veteran to various privileges, including parking in spaces designated
for owners of those license plates and placards, parking for
unlimited periods in a restricted zone, as specified, and parking in
metered spaces without paying parking meter fees.
This
Commencing January 1, 2018, this bill would delete the
authority of a disabled person or disabled veteran who has been
issued a placard as described above to park for an unlimited period
in restricted zones and to park in metered spaces without paying
parking meter fees. The bill would also
bill, commencing January 1, 2018, instead, would authorize
specified disabled persons and disabled veterans to apply for
a free-parking sticker, which, when properly affixed to the
distinguishing placard, additionally free-parking
status, as specified, which would authorize the owner
person to park in any metered parking
space, as defined, specified metered and unmetered
parking spaces without being required to pay fees and for an
unlimited period of time. The bill would require the department,
commencing January 1, 2017, to begin to notify existing holders of a
disabled driver placard of these changes to the disabled
persons parking program, as specified.
This bill would require an applicant to provide certification of
his or her disability by a physician and surgeon, nurse practitioner,
certified nurse midwife, physician assistant, chiropractor, or
optometrist, as specified. To knowingly provide a false disability
certification for a disabled parking placard, or a free-parking
sticker, emblem, or other indicia of free-parking status, would
constitute unprofessional conduct and grounds for disciplinary action
for any person regulated under specified provisions of law.
Under existing law, a person to whom a disabled person placard has
been issued is prohibited from various acts, including
including, but not limited to, lending the
placard to another person and person,
knowingly permitting use for parking purposes of the placard by one
not entitled to it. it, or forgery,
counterfeiting, or sale of the placard. Existing law also
prohibits a person from displaying a placard that was not issued to
him or her or that has been canceled or revoked. These acts are
subject to the issuance of a notice of parking violation imposing a
civil penalty, as prescribed, and constitute a misdemeanor punishable
by a specified fine, imprisonment in the county jail, or both the
fine and imprisonment.
This bill would extend the above penalty provisions to acts
involving misuse including, but not limited
to, forging, misuse , counterfeiting, or sale of a
free-parking sticker. sticker, emblem, or
other indicia of free-parking status issued by the department. The
bill also would require an application for free-parking status under
the bill to be signed under penalty of perjury. The bill would make
those provisions operative January 1, 2018. By creating new
crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 734 is added to the
Business and Professions Code , to read:
734. To knowingly provide a false certification under subdivision
(b) of Section 22511.55 of, or subdivision (c) of Section 22511.551
of, the Vehicle Code is unprofessional conduct and grounds for
disciplinary action for any physician and surgeon, nurse
practitioner, certified nurse midwife, physician assistant,
chiropractor, or optometrist regulated under this division or under
any initiative act referred to in this division.
SECTION 1. SEC. 2. Section 4461 of
the Vehicle Code is amended to read:
4461. (a) A person shall not lend a certificate of ownership,
registration card, license plate, special plate, validation tab, or
permit issued to him or her if the person desiring to borrow it would
not be entitled to its use, and a person shall not knowingly permit
its use by one not entitled to it.
(b) A person to whom a disabled person placard or sticker
placard, or, commencing January 1, 2018, a
free-parking sticker, emblem, or other indicia of free-parking
status, has been issued shall not lend the placard or
sticker free-parking sticker, emblem, or other indicia
of free-parking status to another person, and a disabled
person shall not knowingly permit the use for parking purposes of the
placard, sticker, free-parking sticker,
emblem, or other indicia of free-parking status, or
identification license plate issued pursuant to Section 5007 by one
not entitled to it. A person to whom a disabled person placard or
sticker free-parking sticker, emblem, or
other indicia of free-parking status has been issued may permit
another person to use the placard or free-parking sticker,
emblem, or other indicia of free-parking status only while in
the presence or reasonable proximity of the disabled person for the
purpose of transporting the disabled person. A violation of this
subdivision is subject to the issuance of a notice of parking
violation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), for
which enforcement shall be governed by the procedures set forth in
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or is a misdemeanor punishable by a fine of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), imprisonment in the county jail for not more than six
months, or both that fine and imprisonment.
(c) Except for the purpose of transporting a disabled person as
specified in subdivision (b), a person shall not display a disabled
person placard or sticker placard, or,
commencing January 1, 2018, a free-parking sticker, emblem, or other
indicia of free-parking status, that was not issued to him or
her or that has been canceled or revoked pursuant to Section 22511.6.
A violation of this subdivision is subject to the issuance of a
notice of parking violation imposing a civil penalty of not less than
two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), for which enforcement shall be governed by the
procedures set forth in Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 or is a misdemeanor punishable by a fine of
not less than two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000), imprisonment in the county jail for not
more than six months, or both that fine and imprisonment.
(d) Notwithstanding subdivisions (a), (b), and (c), a person using
a vehicle displaying a special identification license plate issued
to another pursuant to Section 5007 shall not park in those parking
stalls or spaces designated for disabled persons pursuant to Section
22511.7 or 22511.8, unless transporting a disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the procedures
set forth in Article 3 (commencing with Section 40200) of Chapter 1
of Division 17 or is a misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), imprisonment in the county jail for not more than
six months, or both that fine and imprisonment.
(e) For the purposes of subdivisions (b) and (c), "disabled person
placard" means a placard issued pursuant to Section 22511.55 or
22511.59, and "sticker" means a free-parking sticker issued
"free-parking sticker, emblem, or other indicia of
free-parking status" designates a sticker, emblem, or other indicia
of that status issued by the department pursuant to Section
22511.551.
SEC. 3. Section 4463 of the Vehicle
Code is amended to read:
4463. (a) A person who, with intent to prejudice, damage, or
defraud, commits any of the following acts is guilty of a felony and
upon conviction thereof shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months or
two or three years, or by imprisonment in a county jail for not more
than one year:
(1) Alters, forges, counterfeits, or falsifies a certificate of
ownership, registration card, certificate, license, license plate,
device issued pursuant to Section 4853, special plate, or permit
provided for by this code or a comparable certificate of ownership,
registration card, certificate, license, license plate, device
comparable to that issued pursuant to Section 4853, special plate, or
permit provided for by a foreign jurisdiction, or alters, forges,
counterfeits, or falsifies the document, device, or plate with intent
to represent it as issued by the department, or alters, forges,
counterfeits, or falsifies with fraudulent intent an endorsement of
transfer on a certificate of ownership or other document evidencing
ownership, or with fraudulent intent displays or causes or permits to
be displayed or have in his or her possession a blank, incomplete,
canceled, suspended, revoked, altered, forged, counterfeit, or false
certificate of ownership, registration card, certificate, license,
license plate, device issued pursuant to Section 4853, special plate,
or permit.
(2) Utters, publishes, passes, or attempts to pass, as true and
genuine, a false, altered, forged, or counterfeited matter listed in
paragraph (1) knowing it to be false, altered, forged, or
counterfeited.
(b) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of a misdemeanor, and
upon conviction thereof shall be punished by imprisonment in a county
jail for six months, a fine of not less than five hundred dollars
($500) and not more than one thousand dollars ($1,000), or both that
fine and imprisonment, which penalty shall not be suspended:
(1) Forges, counterfeits, or falsifies a disabled person placard
or a comparable placard relating to parking privileges for disabled
persons provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a disabled person placard
placard, or, commencing January 1, 2018, a
free-parking sticker, emblem, or other indicia of free-parking
status, with intent to represent it as issued by the
department.
(2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit disabled person placard
placard, or, commencing January 1, 2018, a free-parking sticker,
emblem, or other indicia of free-parking status, knowing it to
be false, forged, or counterfeited.
(3) Acquires, possesses, sells, or offers for sale a genuine or
counterfeit disabled person placard. placard,
or, commencing January 1, 2018, a free-parking sticker, emblem, or
other indicia of free-parking status.
(c) A person who, with fraudulent intent, displays or causes or
permits to be displayed a forged, counterfeit, or false disabled
person placard, or, commencing January 1, 2018, a free-parking
sticker, emblem, or other indicia of free-parking status, is
subject to the issuance of a notice of parking violation imposing a
civil penalty of not less than two hundred fifty dollars ($250) and
not more than one thousand dollars ($1,000), for which enforcement
shall be governed by the procedures set forth in Article 3
(commencing with Section 40200) of Chapter 1 of Division 17 or is
guilty of a misdemeanor punishable by imprisonment in a county jail
for six months, a fine of not less than two hundred fifty dollars
($250) and not more than one thousand dollars ($1,000), or both that
fine and imprisonment, which penalty shall not be suspended.
(d) For purposes of subdivision (b) or (c), "disabled person
placard" means a placard issued pursuant to Section 22511.55 or
22511.59. "Free-parking sticker, emblem, or other indicia of
free-parking status" indicates a free-parking sticker, emblem, or
other indicia of that status issued by the department pursuant to
Section 22511.551.
(e) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of an infraction, and
upon conviction thereof shall be punished by a fine of not less than
one hundred dollars ($100) and not more than two hundred fifty
dollars ($250) for a first offense, not less than two hundred fifty
dollars ($250) and not more than five hundred dollars ($500) for a
second offense, and not less than five hundred dollars ($500) and not
more than one thousand dollars ($1,000) for a third or subsequent
offense, which penalty shall not be suspended:
(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
comparable clean air sticker relating to high occupancy vehicle lane
privileges provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a Clean Air Sticker with intent to
represent it as issued by the department.
(2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit Clean Air Sticker knowing it to be false,
forged, or counterfeited.
(3) Acquires, possesses, sells, or offers for sale a counterfeit
Clean Air Sticker.
(4) Acquires, possesses, sells, or offers for sale a genuine Clean
Air Sticker separate from the vehicle for which the department
issued that sticker.
(f) As used in this section, "Clean Air Sticker" means a label or
decal issued pursuant to Sections 5205.5 and 21655.9.
SEC. 2. Section 22511.5 of the Vehicle Code is
repealed.
SEC. 4. Section 22511.5 of the Vehicle
Code is amended to read:
22511.5. (a) (1) A disabled person or disabled veteran displaying
special license plates issued under Section 5007 or a distinguishing
placard issued under Section 22511.55 or 22511.59 is allowed to park
for unlimited periods in any of the following zones:
(A) In any restricted zone described in paragraph (5) of
subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.
(B) In any parking zone that is restricted as to the length of
time parking is permitted as indicated by a sign erected pursuant to
a local ordinance.
(2) A disabled person or disabled veteran is allowed to park in
any metered parking space without being required to pay parking meter
fees.
(3) This subdivision does not apply to a zone for which state law
or ordinance absolutely prohibits stopping, parking, or standing of
all vehicles, or which the law or ordinance reserves for special
types of vehicles, or to the parking of a vehicle that is involved in
the operation of a street vending business.
(b) A disabled person or disabled veteran is allowed to park a
motor vehicle displaying a special disabled person license plate or
placard issued by a foreign jurisdiction with the same parking
privileges authorized in this code for any motor vehicle displaying a
special license plate or a distinguishing placard issued by the
Department of Motor Vehicles.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 3. SEC. 5. Section 22511.5 is
added to the Vehicle Code, to read:
22511.5. (a) (1) A disabled person or disabled veteran displaying
special license plates issued under Section 5007 or a distinguishing
placard issued under Section 22511.55 or 22511.59 is allowed to park
in any restricted zone described in paragraph (5) of subdivision (a)
of Section 21458 or on streets upon which preferential parking
privileges and height limits have been given pursuant to Section
22507.
(2) This subdivision does not apply to a zone for which state law
or ordinance absolutely prohibits stopping, parking, or standing of
all vehicles, or which the law or ordinance reserves for special
types of vehicles, or to the parking of a vehicle that is involved in
the operation of a street vending business.
(b) A disabled person or disabled veteran is allowed to park a
motor vehicle displaying a special disabled person license plate or
placard issued by a foreign jurisdiction with the same parking
privileges authorized in this code for any motor vehicle displaying a
special license plate or a distinguishing placard issued by the
Department of Motor Vehicles.
(c) This section shall become operative on January 1, 2018.
SEC. 4. SEC. 6. Section 22511.55 of
the Vehicle Code is amended to read:
22511.55. (a) (1) A disabled person or disabled veteran may apply
to the department for the issuance of a distinguishing placard. The
placard may be used in lieu of the special license plate or plates
issued under Section 5007 for parking purposes described in Section
22511.5 when (A) suspended from the rearview mirror, (B) if there is
no rearview mirror, when displayed on the dashboard of a vehicle, or
(C) inserted in a clip designated for a distinguishing placard and
installed by the manufacturer on the driver's side of the front
window. It is the intent of the Legislature to encourage the use of
distinguishing placards because they provide law enforcement officers
with a more readily recognizable symbol for distinguishing vehicles
qualified for the parking privilege. The placard shall be the size,
shape, and color determined by the department and shall bear the
International Symbol of Access adopted pursuant to Section 3 of
Public Law 100-641, commonly known as the "wheelchair symbol." The
department shall incorporate instructions for the lawful use of a
placard, instructions for affixing placard
and, commencing January 1, 2018, for the display of a
free-parking sticker sticker, emblem, or
other indicia of free-parking status issued pursuant to Section
22511.551, and a summary of the penalties for the unlawful use of a
placard, placard or free-parking status,
into the identification card issued to the placard owner.
(2) (A) The department may establish procedures for the issuance
and renewal of the placards. The procedures shall include, but are
not limited to, advising an applicant in writing on the application
for a placard of the procedure to apply for a special license plate
or plates, as described in Section 5007, and the fee exemptions
established pursuant to Section 9105 and in subdivision (a) of
Section 10783 of the Revenue and Taxation Code. The placards shall
have a fixed expiration date of June 30 every two years. A portion of
the placard shall be printed in a contrasting color that shall be
changed every two years. The size and color of this contrasting
portion of the placard shall be large and distinctive enough to be
readily identifiable by a law enforcement officer in a passing
vehicle.
(B) As used in this section, "year" means the period between the
inclusive dates of July 1 through June 30.
(C) Prior to the end of each year, the department shall,
department, for the most current three years
available, shall compare its record of disability placards
issued against the records of the Office of Vital Records of the
State Department of Public Health, or its successor, and withhold any
renewal notices that otherwise would have been sent for a
placardholder identified as deceased.
(3) Except as provided in paragraph (4), a person shall not be
eligible for more than one placard at a time.
(4) Organizations and agencies involved in the transportation of
disabled persons or disabled veterans may apply for a placard for
each vehicle used for the purpose of transporting disabled persons or
disabled veterans.
(b) (1) Except as provided in paragraph (4), prior to issuing an
original distinguishing placard to a disabled person or disabled
veteran, the department shall require the submission of a
certificate, in accordance with paragraph (2), signed by the
physician and surgeon, or to the extent that it does not cause a
reduction in the receipt of federal aid highway funds, by a nurse
practitioner, certified nurse midwife, or physician assistant,
substantiating the disability, unless the applicant's disability is
readily observable and uncontested. The disability of a person who
has lost, or has lost use of, one or more lower extremities or one
hand, for a disabled veteran, or both hands, for a disabled person,
or who has significant limitation in the use of lower extremities,
may also be certified by a licensed chiropractor. The blindness of an
applicant shall be certified by a licensed physician and surgeon who
specializes in diseases of the eye or a licensed optometrist. The
physician and surgeon, nurse practitioner, certified nurse midwife,
physician assistant, chiropractor, or optometrist certifying the
qualifying disability shall provide a full description of the illness
or disability on the form submitted to the department.
(2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(3) The department shall maintain in its records all information
on an applicant's certification of permanent disability and shall
make that information available to eligible law enforcement or
parking control agencies upon a request pursuant to Section 22511.58.
(4) For a disabled veteran, the department shall accept, in lieu
of the certificate described in paragraph (1), a certificate from the
United States Department of Veterans Affairs that certifies that the
applicant is a disabled veteran as described in Section 295.7.
(c) A person who is issued a distinguishing placard pursuant to
subdivision (a) may apply to the department for a substitute placard
without recertification of eligibility, if that placard is lost or
stolen.
(d) The distinguishing placard shall be returned to the department
not later than 60 days after the death of the disabled person or
disabled veteran to whom the placard was issued.
(e) The department shall print on any distinguishing placard
issued on or after January 1, 2005, the maximum penalty that may be
imposed for a violation of Section 4461. For purposes of this
subdivision, the "maximum penalty" is the amount derived from adding
all of the following:
(1) The maximum fine that may be imposed under Section 4461.
(2) The penalty required to be imposed under Section 70372 of the
Government Code.
(3) The penalty required to be levied under Section 76000 of the
Government Code.
(4) The penalty required to be levied under Section 1464 of the
Penal Code.
(5) The surcharge required to be levied under Section 1465.7 of
the Penal Code.
(6) The penalty authorized to be imposed under Section 4461.3.
SEC. 5. SEC. 7. Section 22511.551 is
added to the Vehicle Code, to read:
22511.551. (a) (1) Notwithstanding any other law, commencing
January 1, 2018, a disabled person or disabled veteran who has
been issued a distinguishing placard under Section 22511.55 or
22511.59 and who meets the criteria specified in subdivision (b) may
apply, pursuant to this section, for a
free-parking sticker, which shall be yellow in color and
shall be affixed to a placard issued pursuant to Section 22511.55 or
22511.59. status. An application for free-parking
status granted under this section shall be signed by the applicant
under penalty of perjury.
(A) Free-parking status granted pursuant to this section shall be
indicated by affixing a sticker or emblem to the placard issued
pursuant to Section 22511.55 or 22511.59, or by another indicia of
free-parking status as determined by the department.
(B) Commencing January 1, 2017, the department shall begin
notifying all holders of a placard issued pursuant to Section
22511.55 or 22511.59 of the availability of free-parking status
pursuant to this section and the related changes to the disabled
persons parking program operative January 1, 2018. Notification
pursuant to this subparagraph shall be completed no later than
January 1, 2018.
(2) The owner of a sticker that is properly affixed to a
placard (A) A person granted
free-parking status under this section may park in any metered
parking space without being required to pay parking fees and for an
unlimited period of time. For purposes of this section, "metered
parking space" includes a parking space regulated by a parking meter
designated for an individual parking space and a parking payment
center designated for one or more parking spaces.
(B) A person granted free-parking status under this section may
park in any parking zone that is restricted as to the length of time
parking is permitted as indicated by a sign erected pursuant to a
local ordinance.
(3) The department may establish procedures for the issuance
and renewal of the stickers. of a
free-parking sticker, emblem, or other indicia of free-parking
status. The procedures shall include, but are not limited to,
advising an applicant in writing on the application for a
sticker free-parking status of the procedure to
apply for a special license plate or plates, as described in Section
5007. The stickers shall have a fixed expiration date of
June 30 every four years. A free-parking sticker,
emblem, or other indicia of free-parking status shall expire
according to the same schedule as the underlying distinguishing
placard.
(b) (1) An applicant for a
free-parking sticker free-parking status under
this section shall provide certification pursuant to subdivision (c)
that the applicant is unable to perform one or more of the following
activities:
(1)
(A) Manage, manipulate, or insert coins,
coins or cards, or obtain tickets or tokens at
parking meters or parking payment centers, due to the lack
of fine motor control of both hands. a physical
disability.
(2)
(B) Reach above his or her head to a height of 42
inches from the ground due to a lack of finger, hand, or upper
extremity strength or mobility.
(3)
(C) Approach a parking meter due to his or her use of a
wheelchair or other device. wheelchair,
walker, or other mobility device, or if his or her medical provider
determines that the disability would make it unsafe for the
individual to let go of the mobility device to operate a meter or
payment center.
(4)
(D) Walk more than 20 feet due to an orthopedic,
neurological, cardiovascular, or lung condition in which the degree
of debilitation is so severe that it almost completely impedes the
ability to walk.
(2) Except as provided in paragraph (3), a person shall not be
eligible for more than one free-parking sticker, emblem, or other
indicia of free-parking status at a time.
(3) Organizations and agencies involved in the transportation of
disabled persons or disabled veterans may apply for free-parking
status for each vehicle used for the purpose of transporting eligible
disabled persons or disabled veterans.
(c) (1) Prior to issuing an original sticker to a
disabled person or disabled veteran, Except as
provided in paragraph (4), prior to issuance or renewal of a
free-parking sticker, emblem, or other indicia of free-parking
status, the department shall require the submission of a
certificate, in accordance with paragraph (2), signed by the
physician and surgeon, or to the extent that it does not cause a
reduction in the receipt of federal aid highway funds, by a nurse
practitioner, certified nurse midwife, or physician assistant,
substantiating the disability, unless the applicant's
disability is readily observable and uncontested.
disability. The disability of a person who has lost, or has lost use
of, one or more lower extremities or one hand, for a
disabled veteran, or both hands, for a disabled person, or who has
significant limitation in the use of lower extremities, may also be
certified by a licensed chiropractor. The blindness of an applicant
shall be certified by a licensed physician and surgeon who
specializes in diseases of the eye or a licensed optometrist.
The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist certifying
the qualifying disability shall provide a full description of the
qualifying condition on the form submitted to the department.
(2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(3) A person
who is issued a sticker free-parking sticker,
emblem, or other indicia of free-parking status pursuant to
subdivision (a) may apply to the department for a substitute
sticker sticker, emblem, or other indicia of
free-parking status without recertification of eligibility, if
that sticker sticker, emblem, or other
indicia of free-parking status is lost or stolen.
(d) The department may establish a fee for issuance of a sticker
pursuant to this section, which shall not exceed the reasonable costs
of implementing the sticker program.
(4) An individual whose disability is readily observable and
uncontested shall not be required to recertify his or her disability
pursuant to this subdivision.
(e)
(d) Notwithstanding any other law, the maximum fine
that may be imposed under Section 4461 constitutes the maximum
penalty that may be imposed for a violation of Section 4461 based on
the misuse of a sticker free-parking sticker,
emblem, or other indicia of free-parking status issued under
this section.
SEC. 8. Section 22511.6 of the Vehicle
Code is amended to read:
22511.6. (a) The Department of Motor Vehicles may cancel or
revoke a distinguishing placard issued pursuant to Section 22511.55
or 22511.59 in any of the following events:
and, commencing January 1, 2018, free-parking status granted pursuant
to Section 22511.551, under any of the following circumstances:
(1) When If the department is
satisfied that the placard or free-parking status was
fraudulently obtained or erroneously issued.
(2) When If the department
determines that the required fee has not been paid and the fee is not
paid upon reasonable notice and demand.
(3) When If the placard or
free-parking status could have been refused when last issued or
renewed.
(4) When If the department
determines that the owner holder of the
placard or free-parking status has committed any offense
described in Section 4461 or 4463, involving the placard or
free-parking sticker, emblem, or other indicia of free-parking status
to be canceled or revoked.
(5) When If the department
determines that the owner holder of the
placard or free-parking status is deceased.
(b) Whenever the Department of Motor Vehicles
If the department cancels or revokes a
distinguishing placard, the owner holder
or person in possession of the placard shall immediately return
the placard to the department.
(c) If the department cancels or revokes free-parking status
granted pursuant to Section 22511.551, the holder or person in
possession shall immediately return to the department any sticker,
emblem, or other indicia of that status.
SEC. 6. SEC. 9. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
