2022 -- H 7322

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LC003180

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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

     Introduced By: Representatives McLaughlin, and Giraldo

     Date Introduced: February 02, 2022

     Referred To: House State Government & Elections

     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)(1) Except as provided for in subsection (a)(2) of this section, persons, 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, or after January

1, 2023 the governor's commission on disabilities, 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 or on or after January 1, 2023, the governor's

commission on disabilities 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 or, on or after January 1, 2023, the governor's commission on disabilities, 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 or,

on or after January 1, 2023, the governor's commission on disabilities, 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 or, on or after January 1, 2023, the

governor's commission on disabilities 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 or on or after January 1, 2023, the governor's commission on disabilities

shall bear the burden of proof that the individual is not entitled to a placard or motorcycle sticker

pursuant to this chapter.

     (2) Effective January 1, 2023, all functions of the division of motor vehicles as to the

issuance and renewal of a motor vehicle disability parking privilege placard or a motor vehicle

sticker, or a certificate of entitlement, shall be transferred to the governor’s commission on

disabilities established pursuant to chapter 51 of title 42. The governor's commission on disabilities

shall have jurisdiction to issue and renew, fail to renew, suspend, or revoke a placard, sticker, or

certificate of entitlement to a placard or sticker. Hearings regarding a failure to renew, suspension,

or revocation of a placard, sticker, or certificate of entitlement to a placard or sticker, shall continue

to be conducted by the division of motor vehicles as set forth in subsection (c)(3) of this section.

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      (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 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 or on or after January 1, 2023 the governor's

commission on disabilities 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

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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 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 designated 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 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

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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.

      (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

***

     This act would provide that effective January 1, 2023, all functions of the division of motor

vehicles as to the issuance and renewal of a motor vehicle disability parking privilege placard, a

motor vehicle sticker, and a certificate of entitlement to a placard or sticker, would be transferred

to the governor’s commission on disabilities established pursuant to chapter 51 of title 42. Hearings

regarding failing to renew, suspensions, or revocations of the placards, stickers, or certificates,

would continue to be conducted by the division of motor vehicles.

     This act would take effect upon passage.

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