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AB-459 Vehicles: registration fees: exceptions.(2021-2022)

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Date Published: 02/08/2021 09:00 PM
AB459:v99#DOCUMENT

Revised  April 29, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 459

Introduced by Assembly Member Mathis
(Coauthor: Assembly Member Smith)

February 08, 2021

An act to amend Section 9105 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 459, as introduced, Mathis. Vehicles: registration fees: exceptions.
Existing law defines a disabled veteran to include a person who, as a result of injury or disease suffered while on active service with the Armed Forces of the United States, has a disability that has been rated at 100% by the Department of Veterans Affairs or the military service from which the veteran was discharged, due to a diagnosed disease or disorder that substantially impairs or interferes with mobility. Existing law exempts a disabled veteran from the payment of vehicle registration fees, as specified.
This bill would extend a prorated discount on vehicle registration fees, as specified, to a partially disabled veteran, as defined.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 9105 of the Vehicle Code is amended to read:

9105.
 (a) Except for fees for duplicate license plates, duplicate certificates, or duplicate cards, the fees specified in this code need not be paid for a vehicle that is of a type subject to registration under this code, and that is not used for transportation for hire, compensation, or profit, when owned by any of the following:
(1) A disabled veteran.
(2) A former American prisoner of war.
(3) The surviving spouse of a former American prisoner of war who has elected to retain the special license plates issued under Section 5101.5.
(4) A Congressional Medal of Honor recipient.
(5) The surviving spouse of a Congressional Medal of Honor recipient who has elected to retain the special license plates issued under Section 5101.6.
(b) (1) Except for fees for duplicate license plates, duplicate certificates, or duplicate cards, the department shall extend a prorated discount on fees specified in this code for a vehicle of a type subject to registration under this code, that is not used for transportation for hire, compensation, or profit, and is owned by a partially disabled veteran. The amount of the discount extended to a partially disabled veteran pursuant to this subdivision shall be a percentage of the total fees due equal to the percentage at which the veteran’s disability has been rated by the Department of Veterans Affairs or the military service from which the veteran was discharged.
(2) As used in this section, “partially disabled veteran” means a person who, as a result of injury or disease suffered while on active service with the Armed Forces of the United States, has a disability that has been rated at least 1 percent but less than 100 percent by the Department of Veterans Affairs or the military service from which the veteran was discharged, and who does not otherwise meet the definition of disabled veteran in Section 295.7.

(b)

(c) The exemption or discount granted by subdivision (a) or (b) shall not extend to more than one vehicle owned by a former American prisoner of war, a disabled veteran or partially disabled veteran, or a Congressional Medal of Honor recipient, or a surviving spouse, and is applicable to the same vehicle as described in subdivision (b) of Section 10783, or subdivision (b) of Section 10783.2, of the Revenue and Taxation Code.

(c)

(d) (1) The department may require a disabled veteran or partially disabled veteran applying for an exemption under this section to submit 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, or optometrist, substantiating the disability.
(2) The department may require a person applying for an exemption under this section for either of the following reasons to do any of the following:
(A) By reason of the person’s status as a former prisoner of war, to show, by satisfactory proof, his or her the person’s former prisoner-of-war status.
(B) By reason of the person’s status of receiving the Congressional Medal of Honor, to show, by satisfactory proof, that he or she is they are a Congressional Medal of Honor recipient.

(d)

(e) For the purposes of this section, the term “vehicle” means any of the following:
(1) A passenger motor vehicle.
(2) A motorcycle.
(3) A commercial motor vehicle of less than 8,001 pounds unladen weight.

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REVISIONS:
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