BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1940
                                                                  Page  1

          Date of Hearing:   March 24, 2008

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                                  Pedro Nava, Chair
                 AB 1940 (DeVore) - As Introduced:  February 12, 2008
           
          SUBJECT  :  Parking privileges

           SUMMARY  :  Allows pregnant women in their last trimester of  
          pregnancy through their first two months after giving birth, to  
          qualify for temporary disabled parking placards.  Specifically,  
           this bill  :  

          1)Includes within the definition of "temporary disability," for  
            the purposes of qualifying for a temporary disabled parking  
            placard, the last trimester of a woman's pregnancy through the  
            first two months after giving birth.  

          2)Requires the Department of Motor Vehicles (DMV) to verify any  
            certificate submitted by an applicant for a placard.  The  
            certificate would attest to the applicant's condition of  
            pregnancy or childbirth.  The certificate may be signed by a  
            physician and surgeon, a nurse practitioner, a certified nurse  
            midwife, or a physician assistant.  

          3)Specifies that such placards are not subject to the renewal  
            provisions normally applicable to disabled parking placards.  
           
           EXISTING LAW  :  

          1)Allows any disabled person to apply to DMV for a  
            distinguishing license plate or placard allowing exclusive use  
            of designated parking spaces.  

          2)Requires DMV, prior to issuing a disabled plate or placard, to  
            require the submission of a certificate signed by the  
            physician or surgeon substantiating the disability, unless the  
            applicant's disability is readily observable and uncontested.   


          3)Requires a temporary placard to expire no later than 180 days  
            after the date of issuance.  

          4)Allows a temporary placard to be renewed a maximum of six  
            consecutive times.  








                                                                  AB 1940
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          5)Allows local authorities to designate parking spaces for the  
            exclusive use of any vehicle that displays either a disabled  
            license plate or placard.  

          6)Prohibits any person from parking or leaving standing any  
            vehicle in a stall or space designated for disabled persons or  
            disabled veterans unless the vehicle displays a valid  
            distinguishing license plate or placard.  

          7)Specifies that the above offenses are misdemeanors punishable  
            by a fine of not less than $250 nor more than $1,000, or by  
            imprisonment in the county jail for not more than six months,  
            or by both such fine and imprisonment.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  According to the author, this bill "will allow women  
          who suffer from multiple complications such as fatigue,  
          headaches, faintness, and muscle cramps to have access to  
          specified parking places and help prevent further physical  
          complications before giving birth."  The author adds that this  
          bill would help the more than 500,000 women who give birth each  
          year in California deal with the physical burdens that they may  
          face in the later stages of their pregnancies.  
          
          The idea of providing specified parking spaces for expectant  
          mothers was initially introduced in 1996 by the "Babies 'R' Us"  
          department store when they began offering "expectant parents  
          parking."  Soon, shopping malls, grocery, and drug stores  
          offered similar accommodations.  

          Under existing law, pregnant women are able to get a disabled  
          placard if a doctor deems their mobility problems so severe that  
          they qualify as "temporarily disabled."  The temporary disabled  
          cards are valid for up to six months and may be renewed a  
          maximum of six times consecutively.  In 2004, California issued  
          1.5 million permanent placards for the disabled and about  
          107,600 temporary cards usable for up to six months.  

          Under AB 1940, a pregnant woman would qualify for "temporary  
          disabled" placard between the time she is in the last trimester  
          of her pregnancy through the first two months after giving  
          birth.  Additionally, AB 1940 would require a doctor sign a  
          certificate attesting that a woman is in the third trimester of  








                                                                  AB 1940
                                                                  Page  3

          her pregnancy but would not require the doctor to deem that the  
          woman is disabled by her condition, as is required under  
          existing law.  

          Opponents such as the American College of Obstetricians and  
          Gynecologists, District IX/California, suggest that although  
          "the intent of this bill is appreciated: it is both unnecessary  
          and counterproductive, since most pregnant women are able and  
          encouraged to be physically active."  Furthermore, it is pointed  
          out that "there is no reason why a physically capable pregnant  
          woman should be using the limited number handicapped parking  
          spaces when there are people who truly need them."  

           Related legislation  :  This bill is similar to AB 1947 (Tony  
          Strickland - 2004), that would have authorized a person in their  
          third trimester of pregnancy to apply to DMV for a temporary  
          disabled parking placard.  That bill was pulled by the author  
          without having been heard.  

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           
          None received

           Opposition 
           
          American College of Obstetricians and Gynecologists, District  
          IX/California
           

          Analysis Prepared by  :    Alejandro Esparza / TRANS. / (916)  
          319-2093