2012 -- H 7415 SUBSTITUTE A

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LC01139/SUB A/2

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES PRIVILEGES

     Introduced By: Representatives Malik, Corvese, McNamara, Carnevale, and Baldelli-Hunt

     Date Introduced: February 08, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-28-7 of the General Laws in Chapter 31-28 entitled "Parking

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Facilities and Privileges" is hereby amended to read as follows:

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     31-28-7. Motor vehicle plates for persons with disabilities -- Entitlement --

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Designated parking spaces -- Violations. -- (a) Persons, as defined in subsection (h) of this

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section, upon application and proof of permanent or long-term disability to the division of motor

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vehicles, shall be issued one motor vehicle disability parking privilege placard or in the case of a

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motorcycle, one motor vehicle sticker, of blue which shall be imprinted with the white

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international symbol of access, certificate number, the words "Rhode Island Disability Parking

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Permit" and shall bear the expiration date upon its face. A placard or motorcycle sticker issued to

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a person whose disability is temporary shall be substantially similar to that issued to a person with

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a permanent or long term disability. The temporary placard, however, shall be a red placard with

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a white international symbol of access, certificate number, the words "Rhode Island Disability

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Parking Permit" and shall bear the expiration dates upon its face. A preliminary placard or a

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motorcycle sticker shall be substantially similar to that issued to a person with a permanent, long-

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term, or temporary disability. The preliminary placard shall be effective for twenty-one (21) days,

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and may be issued by an applicant's licensed physician, physician's assistant, nurse practitioner,

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or registered nurse, if in the medical provider's opinion the applicant's medical condition merits

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the issuance of a preliminary placard while the division considers the applicant's qualifications for

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any type of disability parking permit. The preliminary placard shall be an orange placard with a

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white international symbol of access, certificate number, the words "Rhode Island disability

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parking permit" and shall bear the expiration date upon its face. Persons issued a placard or

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motorcycle sticker pursuant to this section shall be entitled to the immunities of sections 31-28-4

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and 31-28-6. The placard shall conform to the Uniform Parking System for Disabled Drivers

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standard issued by the United States Department of Transportation. If an application for a placard

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or motorcycle sticker is denied, the division of motor vehicles shall promptly notify the applicant

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in writing, stating the specific reason(s) for the denial, and advising the applicant of the

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procedures for requesting a hearing to appeal the denial. Prior to the appeal hearing, the applicant

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shall be provided with any and all documents relied upon by the division in denying the

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application. If an application contains a physician certification that the applicant is sufficiently

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disabled to require a placard or motorcycle sticker, and the division has not provided specific

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reasons in its denial letter to the applicant, the hearing officer shall summarily order that a placard

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or motorcycle sticker be provided to the applicant. At all other hearings of application denials

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where a physician certification has been provided, the division shall bear the burden of proof that

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the individual is not entitled to a placard or motorcycle sticker pursuant to this chapter.

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      (b) A placard issued pursuant to this section shall be portable and used only when the

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person is being transported. The placard is to be hung from the rear view mirror so as to be seen

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through the front or rear windshield of the motor vehicle. A placard may be issued to a person

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with a disability who does not own a motor vehicle, to be used only when he or she is being

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transported. A motorcycle sticker issued pursuant to this section shall not be portable and shall be

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affixed to the rear plate of the motorcycle.

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      (c) (1) The certificate of entitlement to the placard or motorcycle sticker shall be

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renewed every three (3) years for individuals with a long-term disability, as defined in subsection

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(d) of this section, and the renewal application shall require a physician's certification that the

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condition has not changed since the previous approval, and three (3) years for individuals with a

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permanent disability as defined in subsection (h) of this section, in accordance with a schedule

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prepared by the division of motor vehicles that uses the last name of an individual to determine

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the month of renewal. If an application or subsequent renewal is accompanied by a physician's

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certification that the applicant's condition is a chronic, permanent impairment and that application

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is approved, then any subsequent renewal shall be authorized upon receipt of a notarized affidavit

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from the applicant or applicant's, guardian or legal representative or a certificate from the

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applicant's physician that his or her condition has not changed since the previous approval.

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      (2) The certificate of entitlement to the placard or motorcycle sticker shall be covered

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with plastic or similar material. The applicant shall, upon timely renewal, receive a sticker

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bearing the expiration date of the certificate of entitlement to be affixed across the expiration date

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of the disability parking privilege placard or in the case of a motorcycle the applicant shall

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receive a new motorcycle sticker. The division of motor vehicles shall establish rules and

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regulations allowing for the renewal of the certificates of entitlement by mail.

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      (3) Whenever the division of motor vehicles proposes to suspend, revoke or fail to renew

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the certificate of entitlement for noncompliance with the requirements of this section or for

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violation of subsection (h) of this section, the individual shall first be entitled to a hearing before

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the division of motor vehicles to contest the proposed action. At the hearing, the division of motor

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vehicles shall bear the burden of proof that the individual is not entitled to the placard or

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motorcycle sticker pursuant to this chapter. There shall be no renewal fee charged for the placards

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or motorcycle sticker. The division of motor vehicles shall be authorized to issue a temporary

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disability parking privilege placard or motorcycle sticker immediately upon receipt of an

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application for individuals with a temporary impairment, as defined in subsection (h) of this

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section. A temporary placard or motorcycle sticker shall be valid for sixty (60) days from the date

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of issuance. Temporary placards or motorcycle stickers may be renewed for a period of one year

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or less, as determined by the medical advisory board upon application if the disability persists.

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The division of motor vehicles shall subsequently review the applications in accordance with the

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procedures currently in effect as to applications from persons whose disability is long term. Any

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issuance which, after subsequent review, shall be found to be inappropriate shall be revoked and

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notice of the revocation shall be sent to the applicant.

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      (d) A person, other than a person with a disability, who for his or her own purposes uses

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the parking privilege placard, shall be fined five hundred dollars ($500) for each violation. A

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person issued a special placard who uses the placard after expiration, or who shall allow

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unauthorized use of the disability parking placard or sticker, may be subject to immediate

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revocation of the use of the placard by the division of motor vehicles, and subject to a fine of five

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hundred dollars ($500).

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      (e) Disability parking spaces shall be designated and identified by the posting of signs

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above ground level incorporating the international symbol of access of white on blue, and the

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words "Handicapped Parking", "Disability Parking," "Disabled Parking," or "Reserved Parking"

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at each space, at both ends of a row or series of adjacent disability parking spaces, or at the

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entrance to a parking lot restricted to only disability parking.

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      (f) A person, other than a person issued a special placard or motorcycle sticker pursuant

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to this section, who parks a vehicle in a parking space designated for persons with disabilities,

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shall be fined: (1) one hundred dollars ($100) for a first violation, (2) one hundred seventy-five

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dollars ($175) for a second violation, and (3) three hundred twenty-five dollars ($325) for a third

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or subsequent violation. The vehicle may be subject to towing at the owner's expense. Provided

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further, that it shall not be unlawful for a person to park a vehicle in a space designated for person

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with disabilities if that person is transporting a person who has been issued a special placard and

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is properly displaying the placard on the vehicle.

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      (g) Enforcement of the parking provisions of this section shall be enforced by the local

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or state authorities on public or private property when the location of the parking spaces is within

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the purview of the State Building Code, chapter 27.3 of title 23.

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      (h) Definitions. - For the purpose of this section:

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      (1) "Disabled" or "disability" means a permanent or long-term impairment which

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prevents or impedes walking, which shall include but not be limited to: (i) an impairment which

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prevents walking and requires use of a wheelchair; (ii) an impairment which involuntarily causes

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difficulty or insecurity in walking or climbing stairs with or without the need to use braces,

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crutches, canes or artificial support; (iii) an impairment caused by amputation, arthritis, blindness

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(including legally blind), or orthopedic condition; (iv) an impairment in respiratory, circulatory,

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or neurological health which limits the person's walking capability; or (v) disabled veteran,

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pursuant to section 31-6-8 after certification of eligibility from the Veterans' Administration or

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other satisfactory documentation of eligibility is presented. Persons with disabilities may be

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capable of working or may be presently working.

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      (2) "Long-term disability" means an impairment which is potentially reversible or may

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improve with appropriate medical treatment. At the time of application and or renewal, the

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impairment should not be expected to improve prior to the expiration of the certification, to a

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point where the individual does not meet the provisions of subdivision (1) of this subsection.

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      (3) "Permanent disability" means an impairment which is non-reversible.

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      (4) "Temporary impairment" means an impairment which is expected to improve to a

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point where the individual does not meet the provisions of subdivision (1) of this subsection,

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within two (2) years of the application.

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      (i) The department of revenue shall inform each licensed driver of the certificate

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procedures and parking restrictions of this section and sections 31-28-4 and 31-28-6, and a

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facsimile of the portable placards and motorcycle stickers issued under this section shall be sent

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to the enforcing authority of each state, and each enforcing authority shall be informed of the

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parking restrictions of this section and sections 31-28-4 and 31-28-6. Recipients of disability

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parking privilege placards shall also receive instructions on their use and the penalties for misuse,

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when the placard is initially issued.

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      (j) Any person who makes, manufactures, offers for sale or knowingly uses a counterfeit

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parking privilege placard shall be fined up to five hundred dollars ($500) and/or forty (40) hours

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of community restitution.

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     SECTION 2. This act shall take effect on January 1, 2013.

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LC01139/SUB A/2

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES PRIVILEGES

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     This act would authorize the division of motor vehicles to issue preliminary disability

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parking permits to applicants while they wait to receive their disability registration plate.

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     This act would take effect on January 1, 2013.

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LC01139/SUB A/2

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