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:

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

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

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

Designated parking spaces -- Violations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

affixed to the rear plate of the motorcycle.

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

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

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

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

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

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

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,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

notice of the revocation shall be sent to the applicant.

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

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

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

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

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

hundred dollars ($500).

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

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"

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

entrance to a parking lot restricted to only disability parking.

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

to this section, who parks a vehicle in a parking space properly designated with a sign as specified

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

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

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

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

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

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

the placard on the vehicle.

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

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

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

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

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

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

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

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

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

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

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

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

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

working or may be presently working.

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

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

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

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

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

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

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

within two (2) years of the application.

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

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

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

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

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

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

is initially issued.

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

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

of community restitution.

     SECTION 2. This act shall take effect upon passage.

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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

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

     This act would take effect upon passage.

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