It is enacted by the General Assembly as follows:

SECTION 1. Sections 31-28-4, 31-28-6, 31-28-7, and 31-28-7.1 of the General Laws in Chapter 31-28 entitled "Parking Facilities and Privileges" are hereby amended to read as follows:

31-28-4. Exemption of ambulatory handicapped persons from payment of fees. -- {ADD Exemption of handicapped persons from payment of fees. -- ADD} (a) No city or town or any agency thereof shall exact any fee for parking on the public highways or in any metered parking space from any person who is blind or is ambulatory handicapped as defined herein, nor from any member of his or her immediate family who owns a pleasure motor vehicle for his pleasure and convenience, {ADD has been issued a handicapped parking privilege placard or sticker pursuant to sections 31-28-7, 31-28-7.1 or 31-29-5 nor from the owner of the motor vehicle transporting the handicapped person, provided that ADD} upon which vehicle there is displayed such special registration plates {ADD handicapped parking placard or sticker ADD} as shall be issued by the registry of motor vehicles. The registry of motor vehicles shall determine who is a ambulatory handicapped person as defined herein.

(b) For the purpose of this section, "ambulatory handicap" means a permanent impairment which prevents or impedes walking, which shall include, but not be limited to: an impairment which prevents walking and requires use of a wheelchair; 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; an impairment caused by amputation, arthritis, or other orthopedic condition; or an impairment in respiratory, circulatory, or neurologic health which limits the person's walking capability.

31-28-6. Overtime parking by persons exempt from fees. -- {ADD Overtime parking by handicapped persons exempt from fees. -- ADD} No penalty shall be imposed upon any blind handicapped, or ambulatory handicapped person issued special license plates {ADD a handicapped parking privilege placard or sticker ADD} pursuant to section 31-28-7{ADD , 31-27-7.1 or 31-29-5, nor from the motor vehicle transporting the handicapped person, provided that upon which such vehicle there is displayed such handicapped parking placard or sticker ADD} for parking on the highways or in a space for a longer period of time than other persons are permitted to park on such highways or in the space, but nothing herein shall be deemed to authorize the person to park in any place at any time where parking is prohibited.

31-28-7. Motor vehicle plates for blind, handicapped, and ambulatory handicapped persons -- Entitlement -- Designated parking spaces -- Violations. -- {ADD Motor vehicle plates for handicapped persons -- Entitlement -- Designated parking spaces -- Violations. -- ADD} (a)(1) Blind persons, handicapped and ambulatory h {ADD Handicapped ADD} persons, {ADD as defined in section 31-28-7(d), ADD} upon application and proof of disability {ADD permanent or long-term handicap ADD} to the registry of motor vehicles, shall be issued one motor vehicle {ADD handicapped parking privilege placard ADD} plate or in the case of a motorcycle, one motor vehicle sticker, {ADD of blue ADD} which shall be imprinted with the {ADD white ADD} international symbol of access{ADD , certificate number, the words "Rhode Island Handicap Parking Permit" ADD} and shall bear the expiration date upon its face. A plate {ADD placard ADD} or motorcycle sticker issued to a person whose handicap is temporary shall be substantially similar to that issued to a person with a permanent {ADD or long term ADD} handicap. The temporary plate, {ADD placard ADD} however, shall be of cardboard or similar material {ADD a red placard with a white international symbol of access, certificate number, the words "Temporary Rhode Island Handicap Parking Permit" ADD} and shall bear the expiration dates upon its face. Persons issued a plate {ADD placard ADD} or motorcycle sticker pursuant to this section shall be entitled to the immunities of sections 31-28-4 and 31-28-6 herein. {ADD The placard shall conform to the Uniform Parking System for Disabled Drivers standard issued by the United States Department of Transportation. ADD}

(2) A plate {ADD placard ADD} issued pursuant to this section shall be portable and used {ADD only ADD} when the person is being transported. The plate {ADD placard ADD} is to be prominently displayed on the righthand side of {ADD hung from the rear view mirror so as to be seen through ADD} the front or rear windshield of the motor vehicle. A plate {ADD placard ADD} may be issued to a blind, handicapped, or ambulatory handicapped person who does not own a motor vehicle, to be used {ADD only ADD} 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.

(3) {ADD (A) ADD} The certificate of entitlement to the plate {ADD placard ADD} or motorcycle sticker sticker shall be renewed every two (2) years {ADD three (3) years for individuals with a long-term handicap, as defined in section 31-28-7(d), and the renewal application shall require a physician's certification that the condition has not changed since the previous approval, and three (3) years for individuals with a permanent handicap as defined in section 31-28-7(d), ADD} in accordance with a schedule prepared by the registry of motor vehicles that uses the last name of an individual to determine the month of renewal. If a {ADD an ADD} blind, handicapped or ambulatory handicapped person's application or subsequent renewal is accompanied by a physician's certification that the applicant's condition is a chronic, permanent impairment and such application is approved, then any subsequent renewal shall be authorized upon receipt of an affidavit of the blind, handicapped or ambulatory handicapped person that his or her condition has not changed since the previous approval. {ADD (B) ADD} The certificate of entitlement to the plate {ADD placard ADD} 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 in the upper right hand corner {ADD across the expiration date ADD} of the handicapped plate {ADD placard ADD} or in the case of a motorcycle the applicant shall receive a new motorcycle sticker. The registry of motor vehicles shall establish rules and regulations allowing for the renewal of the certificates of entitlement by mail.

{ADD (C) ADD} Whenever the registry of motor vehicles proposes to suspend, revoke or fail to renew the certificate of entitlement for noncompliance with the requirements of subsection (a) or for violation of subsection (d) of this section the individual shall first be entitled to a hearing before the registry to contest the proposed action. At the hearing, the registry shall bear the burden of proof that the individual is not entitled to the plate {ADD placard ADD} or motorcycle {ADD sticker ADD} pursuant to this chapter. There shall be no renewal fee charged for the plates {ADD placard ADD} or motorcycle sticker. The registry of motor vehicles shall be authorized to issue {ADD a ADD} temporary handicapped plates {ADD placard ADD} or motorcycle sticker immediately upon receipt of an application . {ADD for individuals with a temporary impairment, as defined in section 31-28-7(D)(4). ADD} A temporary plate {ADD placard ADD} or motorcycle sticker shall be valid for sixty (60) days from the date of issuance. Temporary plates {ADD placards ADD} or motorcycle sticker{ADD s ADD} may be renewed for a period of one (1) year or less, as determined by the medical advisory board upon application if the disability persists. The registry of motor vehicles shall subsequently review the applications in accordance with the procedures currently in effect as to applications from persons whose handicap is permanent {ADD long term ADD} . Any issuance which, after subsequent review, shall be found to be inappropriate shall be revoked and notice thereof sent to the applicant.

(4){ADD (a) ADD} A person, other than a blind person, handicapped, or ambulatory handicapped person, who for his or her own purposes uses the parking privilege plate {ADD placard ADD} , shall be fined fifty dollars ($50.00) {ADD one hundred dollars ($100.00) ADD} for each violation , in addition to the handicapped services assessment in the amount indicated in section 31-28-7.2 . A person issued a special plate {ADD placard ADD} who {ADD uses the placard after expiration, or who ADD} shall allow unauthorized use of the parking plate {ADD placard ADD} may be subject to revocation of the use of the plate {ADD placard ADD} by the registry . {ADD , and subject to a fine of one hundred dollars ($100.00). ADD}

(b) Handicapped parking spaces shall be designated and identified by the posting of signs {ADD above ground level ADD} incorporating the international symbol of access of white on blue . {ADD , and the words "Handicapped Parking". ADD}

The sign shall be metal, 12" x 18" in dimension and affixed to a post, or mounted on the building, seven (7) feet from the ground surface, one (1) sign shall be required for each space. The sign shall indicate that a certificate is required, that a fine shall be imposed for any parking violation and that violators will be towed at the owner's expense on first offense. The sign shall also be in compliance with any other provision of this section. The posting of the signs shall be in accordance with the state building code when the location of the parking spaces on public and private lands is within the purview of the state building code, or when such signage is provided.

(c)(1) A person, other than a person issued a special plate {ADD placard ADD} or motorcycle sticker pursuant to this section, who parks a vehicle in a parking space designated for the handicapped, shall be fined twenty-five ($25.00) dollars {ADD seventy-five dollars ($75.00) ADD} for a first violation, seventy-five dollars ($75.00) {ADD one hundred fifty dollars ($150.00) ADD} for a second violation and one hundred dollars ($100.00) {ADD three hundred dollars ($300.00) ADD} for a third or subsequent violation , in addition to the handicapped services assessment in the amount indicated in section 31-28-7.2 . {ADD The vehicle may be subject to towing at the owner's expense. ADD} Provided further, however, that it shall not be unlawful for a person to park a vehicle in a space designated for the handicapped if that person is transporting a person who has been issued a special plate {ADD placard ADD} and is properly displaying the plate {ADD placard ADD} on the vehicle. The vehicle may be subject to towing at the owner's expense.

(2) Enforcement of the parking provisions of this section shall be enforced by the local {ADD or state ADD} authorities {ADD on public or private property when the location of the parking spaces is within the purview of the state building code. ADD}

(d) For the purpose of this section "physically handicapped" or "ambulatory handicapped" means a permanent impairment which prevents or impedes walking, which shall include but not be limited to an impairment which prevents walking and requires use of a wheelchair; 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; an impairment caused by amputation, arthritis, or other orthopedic condition; or an impairment in respiratory, circulatory, or neurologic health which limits the person's walking capability. {ADD Definitions.

For the purpose of this section (1) "Handicapped" means a permanent or long-term impairment which prevents or impedes walking, which shall include but not be limited to: an impairment which prevents walking and requires use of a wheelchair; 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; an impairment caused by amputation, arthritis, blindness (including legally blind), or orthopedic condition; or an impairment in respiratory, circulatory, or neurological health which limits the person's walking capability. Handicapped persons may be capable of working or may be presently working.

(2) "Permanent handicap" means an impairment which is non-reversible.

(3) "Long-term handicap" 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 section (d)(1) above.

(4) "Temporary impairment" means an impairment which is expected to improve to a point where the individual does not meet the provisions of section (d)(1) above, within two (2) years of the application. ADD}

(e) For the purposes of this section, physically handicapped persons may be capable of working or may be presently working.

(f) The department of administration shall inform each licensed driver of the certificate procedures and parking restrictions of this section and sections 31-28-4 and 31-28-6, and provided, further, that a facsimile of the portable plates {ADD placards ADD} or } {ADD and ADD} {ADD motorcycle stickers ADD} 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 sections 31-28-4 and 31-28-6. {ADD Recipients of handicapped parking placards shall also receive instructions on their use and the penalties for misuse, when the placard is initially issued. ADD}

31-28-7.1. Motor vehicle plates for group care facilities serving the blind, handicapped, or ambulatory handicapped. -- {ADD Motor vehicle placards for group care facilities, government agencies, nonprofit organizations or companies serving the handicapped. -- ADD} (a) Upon application to the registry of motor vehicles, any group care facility, {ADD government agency, non-profit organizations ADD} or company that provides services to blind, handicapped, or ambulatory handicapped persons shall be issued one or more portable motor vehicle plates {ADD placards ADD} as described in sections 31-28-7 (a)(1) and (2).

(b) The applicant shall provide to the registry proof that the applicant is a bona fide group care facility, {ADD government agency, non-profit organization ADD} or company providing services to blind, handicapped, or ambulatory handicapped , persons {ADD as defined in section 31-28-7(d) ADD} .

(c) The registry shall not issue more than ten (10) plates {ADD placards ADD} to any one facility. The number of plates {ADD placards ADD} to be issued shall be determined by the registry based upon the number of persons served by the facility and the frequency with which the staff of the facility must transport the clients or patients of the facility.

(d) The plates {ADD placards ADD} shall be used only by agents or employees of the facility and only when transporting blind, handicapped, or ambulatory handicapped persons who are clients or patients of the facility. The plate {ADD placard ADD} is to be prominently displayed on the right hand side of the front {ADD hung from the rear view mirror as to be seen through the front and rear ADD} windshield of the motor vehicle.

(e) A person other than an agent or employee of the facility to which the plate {ADD placard ADD} was issued, or an agent or employee of the facility not engaged in transporting clients or patients of the facility, who uses the parking privilege plate {ADD placards ADD} for his or her own purposes, shall be fined fifty dollars ($50.00) {ADD one hundred dollars $100.00) ADD} for each violation , in addition to the handicapped services assessment in the amount indicated in section 31-28-7.2 . A facility that allows the unauthorized use of the plates {ADD placards ADD} may be subject to revocation of the use of the plate {ADD placard ADD} by the registry.

SECTION 2. Section 31-28-7.2 of the General Laws in Chapter 31-28 entitled "Parking Facilities and Privileges" is hereby repealed in its entirety.

31-28-7.2. Handicapped services assessment. -- The administrative adjudication court and each city, town or municipal court shall impose, in addition to any other assessments, a handicapped services assessment of forty dollars ($40.00) to be levied against those violations of section 31-28-7(1)(d), 31-28-7(3)(a), or 31-28-7.1(e). The administrative adjudication court or the city, town or municipality shall retain five dollars ($5.00) of the imposed and collected additional assessment of forty dollars ($40.00) for administrative expenses and shall forward thirty-five dollars ($35.00) to the department of administration, state of Rhode Island, within ten (10) business days of the close of the state's, city's, town's or municipality's fiscal quarter, to be deposited into the general fund.

SECTION 3. The use of handicapped parking plates shall be deemed legal from the date of passage of this act until January 1, 1997, upon which date the registrar of motor vehicles may extend the legal use of plates for an additional period not to exceed six (6) months.

SECTION 4. This act shall take effect upon passage.