Today's Law As Amended


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AB-2602 Disabled parking placards.(2015-2016)



As Amends the Law Today


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  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 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 or  placard, 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 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  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. 22511.59, and “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, 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, temporary license plate,  device issued pursuant to Sections 4853 and 4854,  Section 4853,  special plate, or permit provided for by this code or a comparable certificate of ownership, registration card, certificate, license, license plate, temporary license plate,  device comparable to that issued pursuant to Sections 4853 and 4854,  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 their  his or her  possession a blank, incomplete, canceled, suspended, revoked, altered, forged, counterfeit, or false certificate of ownership, registration card, certificate, license, license plate, temporary license plate,  device issued pursuant to Sections 4853 and 4854,  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, 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  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. 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. 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,  placard and, commencing January 1, 2018, for the display of a free-parking 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 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 person’s 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 applicant’s state issued driver’s license or identification card.
(B) 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.
(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,  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 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,  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 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 a county veterans service officer, the Department of Veterans Affairs, or the  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.

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 free-parking 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) (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 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 free-parking status of the procedure to apply for a special license plate or plates, as described in Section 5007. 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 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:
(A) Manage, manipulate, or insert coins or cards, or obtain tickets or tokens at parking meters or parking payment centers, due to a physical disability.
(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.
(C) Approach a parking meter due to his or her use of a 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.
(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)  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. 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 free-parking sticker, emblem, or other indicia of free-parking status pursuant to subdivision (a) may apply to the department for a substitute sticker, emblem, or other indicia of free-parking status without recertification of eligibility, if that sticker, emblem, or other indicia of free-parking status is lost or stolen.
(4) An individual whose disability is readily observable and uncontested shall not be required to recertify his or her disability pursuant to this subdivision.
(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 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  and, commencing January 1, 2018, free-parking status granted pursuant to Section 22511.551, under  any of the following events: 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. 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.