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 Page 2 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