BILL ANALYSIS
AB 1940
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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
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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