Chapter 235

2011 -- H 5300

Enacted 07/09/11

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - PARKING FACILITIES AND PRIVILEGES

Introduced By: Representatives Jacquard, and Williams

Date Introduced: February 08, 2011

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 mental health,

retardation and hospitals, 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 sections 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 sections 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 mental health, retardation 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 mental health, retardation and hospitals, 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) Beginning January 1, 2001 and on each January 1 thereafter, cities and towns and the

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

department of mental health, retardation 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.

(e) 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 mental health, retardation and

hospitals, 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

mental health, retardation and hospitals, 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.

SECTION 2. This act shall take effect upon passage.

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LC00846

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