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AB-445 Vehicles: special license plates: disabled veterans.(2007-2008)

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AB445:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 445

Introduced  by  Assembly Member Nava
 (Coauthor(s): Assembly Member Horton, Jeffries, Lieu, Maze, Portantino, Salas, Wolk)
 (Coauthor(s): Senator Maldonado)

February 16, 2007

An act to add Section 5101.11 to the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 445, as amended, Nava. Vehicles: special license plates: disabled veterans.
(1) Existing law authorizes the issuance of special license plates by the Department of Motor Vehicles for certain persons for their vehicles. Existing law makes it a crime to violate any provision of the Vehicle Code.
This bill would provide for the issuance of special license plates approved by the department for a disabled veteran, as defined.
The bill would require allow, upon the death of a person issued these special license plates, the plates be transferred to the surviving spouse, if he or she requests, or be returned to the department within 60 days after the death of the plateholder the surviving spouse to retain the plates subject to certain conditions. Upon the death of the surviving spouse, the retained plates would be required to be returned to the department within 60 days following that death or upon the expiration of the vehicle registration, whichever occurs first.
Because the failure to return the license plates to the department would create a new crime, this bill would impose a state-mandated local program.
The bill would exempt license plates issued under the bill from the payment of a $40 application fee and a $30 transfer fee.
(2) 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   Local Program: YES  

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


SECTION 1.

 Section 5101.11 is added to the Vehicle Code, to read:

5101.11.
 (a) A person otherwise eligible under this article who is a disabled veteran, as defined in subdivision (b), may apply for special license plates, as described in subdivision (d), for the vehicle under this article.
(b) For purposes of this section, a disabled veteran means a person who has suffered a service-connected disability while serving with the Armed Forces of the United States, and whose disability has been rated by the Department of Veterans Affairs to be 100 percent as permanent and total.
(c)  The applicant shall show, through documentation from the Department of Veterans Affairs, proof of his or her disability rating.
(d) The special license plate issued under this section shall have the approval of the department prior to distribution; shall have the words “Disabled Veteran” inscribed on them; and shall run in a regular numerical series. These plates shall not include any of the following:
(1)  The International Symbol of Access adopted pursuant to Section 3 of Public Law 100-641, commonly known as the “wheel symbol.”
(2) The parking privileges associated with special license plates issued pursuant to Section 5007.
(e) Special license plates may be issued pursuant to this section only for a vehicle owned or coowned by a disabled veteran, as defined in subdivision (b).
(f) Upon the death of a person issued special license plates pursuant to this section, the plates shall be transferred to the surviving spouse, if he or she requests, or his or her surviving spouse may retain the plates subject to the conditions in this section. Upon the death of the surviving spouse, the retained plates shall be returned to the department within 60 days after the death of the plateholder following that death or upon the expiration of the vehicle registration, whichever occurs first.
(g) Sections 5106 and 5108 do not apply to special license plates issued under this section.

SEC. 2.

 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 are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.