2019 -- S 0072

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LC000465

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES AND

PRIVILEGES

     

     Introduced By: Senators Lombardi, McCaffrey, Felag, Ciccone, and Lombardo

     Date Introduced: January 16, 2019

     Referred To: Senate Judiciary

     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.

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     (a) Persons, as defined in subsection (h) of this section, upon application and proof of

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permanent or long-term disability to the division of motor vehicles, shall be issued one motor

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vehicle disability parking privilege placard or in the case of a motorcycle, one motor vehicle

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sticker, of blue which shall be imprinted with the white international symbol of access, certificate

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number, the words "Rhode Island Disability Parking Permit" and shall bear the expiration date

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upon its face. A placard or motorcycle sticker issued to a person whose disability is temporary

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shall be substantially similar to that issued to a person with a permanent or long term disability.

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The temporary placard, however, shall be a red placard with a white international symbol of

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access, certificate number, the words "Rhode Island Disability Parking Permit" and shall bear the

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expiration dates upon its face. A preliminary placard shall be similar to that issued to a person

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with a permanent, long-term, or temporary disability. The preliminary placard shall be effective

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for twenty-one (21) days, and may be issued by an applicant's licensed physician, if in the

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medical provider's opinion the applicant's medical condition merits the issuance of a preliminary

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placard while the division considers the applicant's qualifications for any type of disability

 

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parking permit. The preliminary placard shall be an orange placard with a white international

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

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shall bear the expiration date upon its face and shall be displayed on the dashboard of the vehicle

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in a manner that it is clearly visible from the front. The division of motor vehicles shall

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promulgate rules governing the issuance and use of preliminary placards. Applicants shall not be

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charged any fee associated with the issuance of a preliminary placard. Physicians submitting false

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information to the division of motor vehicles to obtain a preliminary placard on anyone's behalf

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may be subject to the penalties set forth in § 11-18-1.3. Persons issued a placard or motorcycle

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sticker pursuant to this section shall be entitled to the immunities of §§ 31-28-4 and 31-28-6. The

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placard shall conform to the Uniform Parking System for Disabled Drivers standard issued by the

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United States Department of Transportation. If an application for a placard or motorcycle sticker

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is denied, the division of motor vehicles shall promptly notify the applicant in writing, stating the

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specific reason(s) for the denial, and advising the applicant of the procedures for requesting a

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hearing to appeal the denial. Prior to the appeal hearing, the applicant shall be provided with any

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and all documents relied upon by the division in denying the application. If an application

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contains a physician certification that the applicant is sufficiently disabled to require a placard or

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motorcycle sticker, and the division has not provided specific reasons in its denial letter to the

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applicant, the hearing officer shall summarily order that a placard or motorcycle sticker be

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provided to the applicant. At all other hearings of application denials where a physician

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certification has been provided, the division shall bear the burden of proof that the individual is

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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 renewed

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every six (6) years for individuals with a long-term disability, as defined in subsection (d) of this

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section, and the renewal application shall require a physician's certification that the condition has

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not changed since the previous approval, and six (6) years for individuals with a permanent

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

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

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renewal. If an application or subsequent renewal is accompanied by a physician's certification

 

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

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then any subsequent renewal shall be authorized upon receipt of a notarized affidavit from the

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

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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 properly designated with a sign as specified

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in subsection (e) hereof for persons with disabilities, shall be fined: (1) one hundred dollars

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($100) for a first violation, (2) one hundred seventy-five dollars ($175) for a second violation,

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and (3) three hundred twenty-five dollars ($325) for a third or subsequent violation. The vehicle

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may be subject to towing shall be towed at the owner's expense. Provided further, that it shall not

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be unlawful for a person to park a vehicle in a space designated for person with disabilities if that

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person is transporting a person who has been issued a special placard and is properly displaying

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the placard on the vehicle.

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

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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 § 31-6-8 after certification of eligibility from the Veterans' Administration or other

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

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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 §§ 31-28-4 and 31-28-6, and a facsimile of

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

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

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

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placards shall also receive instructions on their use and the penalties for misuse, when the placard

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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 upon passage.

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LC000465

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES AND

PRIVILEGES

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     This act would provide that a vehicle unlawfully parked in a properly marked

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"handicapped parking" space would be towed at the owner's expense.

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     This act would take effect upon passage.

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