2022 -- H 7220

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LC003549

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES – PARKING FACILITIES AND

PRIVILEGES – DISABILITY PARKING

     Introduced By: Representatives McNamara, Morales, Casimiro, Shallcross Smith,
Donovan, and Kislak

     Date Introduced: January 26, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-28-7.3 of the General Laws in Chapter 31-28 entitled "Parking

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

     31-28-7.3. Disability parking enforcement program.

     (a) The state police, department of environmental management, airport corporation, capitol

police, department of behavioral healthcare, developmental disabilities and hospitals, governor’s

commission on disabilities, and the state operated colleges shall establish a disability parking

enforcement enhancement programs no later than January 1, 2000. The program will be designed

to improve enforcement of disability parking laws on state-owned property and in parking facilities

serving space leased or owned by the state, including state departments, agencies, boards,

commissions, and quasi-governmental corporations. Citations issued in conjunction with this

program shall be submitted to the traffic tribunal or its successor entity for collection pursuant to

§§ 31-28-7 and 31-28-7.1 and the fines collected through shall be paid over to the state agency or

college that issued the citation.

     (b) The several cities and towns shall establish disability parking enforcement enhancement

programs. Citations issued in conjunction with local enforcement programs shall be submitted to

the municipal court, where established, or to the traffic tribunal or its successor entity. Fines

collected through citations issued in accordance with local enforcement program specifications

shall be paid over to the city or town or pursuant to §§ 31-28-7 and 31-28-7.1.

     (c) Disability parking enforcement enhancement plans.

     (1) The state police, department of environmental management, airport corporation, capitol

police, department of behavioral healthcare, developmental disabilities and hospitals, and the state

operated colleges shall submit a disability parking enforcement enhancement plan to the governor's

commission on disabilities.

     (2) Cities and towns shall submit a disability parking enforcement enhancement plan to the

governor's commission on the disability.

     (3) The disability parking enforcement enhancement plans shall describe the enforcement

program which the state police, department of environmental management, airport corporation,

capitol police, department of behavioral healthcare, developmental disabilities and hospitals,

governor’s commission on disabilities, the state operated colleges or the municipality intends to

establish.

     (4) The disability parking enforcement enhancement plan shall be reviewed by governor's

commission on disabilities within sixty (60) days of receipt and suggest improvements to the

disability parking enforcement enhancement plans, that shall not be construed as required

amendments.

     (d) The types of disability parking enforcement enhancement programs which may be put

in place in each municipality, and by the state police, department of environmental management,

airport corporation, capitol police, department of behavioral healthcare, developmental disabilities

and hospitals, governor’s commission on disabilities, and the state operated colleges, may include,

but shall not be limited to:

     (1) Enforcement programs which utilize persons deputized for the purpose of the disability

parking enforcement enhancement program. The disability parking enforcement deputies shall be

required to complete a minimum of four (4) hours training in parking enforcement before being

assigned to the program. Each municipality and the state police, department of environmental

management, airport corporation, capitol police, department of behavioral healthcare,

developmental disabilities and hospitals, governor’s commission on disabilities, and the state

operated colleges shall provide adequate training and shall assume all liability associated with

disability parking enforcement.

     (2) Enforcement programs which specifically designate paid and trained personnel as staff

for the disability parking enforcement enhancement program. These personnel are not limited to

on-duty police officers, but may also include officers to be paid overtime, auxiliary personnel,

special forces, retired personnel, and other paid employee deemed by the responsible authority to

be competent and qualified.

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     (e) Beginning January 1, 2023 and on each January 1 thereafter, cities and towns and the

state police, department of environmental management, airport corporation, capitol police,

department of behavioral healthcare, developmental disabilities and hospitals, and the state

operated colleges shall be required to submit to the governor’s commission on disabilities an annual

progress report chronicling the collections of fines, procedures used, convictions, and any problems

or successes which result from the disability parking enforcement enhancement program.

Following receipt of an annual program report, the governor’s commission on disabilities may

suggest improvements to a disability parking enforcement enhancement program.

     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 – DISABILITY PARKING

***

     This act would include the governor’s commission on disabilities on the decision making

process for the disability parking enforcement enhancement program and require an annual report

be submitted to the governor’s commission.

     This act would take effect upon passage.

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