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:

{ADD 31-28-7. Motor vehicle plates for blind, handicapped and ambulatory handicapped persons -- Entitlement -- Designated parking spaces -- Violations. -- ADD} (1)(a) Blind persons, handicapped and ambulatory handicapped persons upon application and proof of disability to the registry of motor vehicles shall be issued one motor vehicle plate {ADD or in the case of a motorcycle, one motor vehicle sticker, ADD} which shall be imprinted with the international symbol of access and shall bear the expiration date upon its face. A plate {ADD or motorcycle sticker ADD} issued to a person whose handicap is temporary shall be substantially similar to that issued to a person with a permanent handicap. The temporary plate, however, shall be of cardboard or similar material and shall bear the expiration dates upon its face. Persons issued a plate {ADD or motorcycle sticker ADD} pursuant to this section shall be entitled to the immunities of sections 31-28-4 and 31-28-6 herein.

(b) A plate issued pursuant to this section shall be portable and used when such person is being transported. The plate is to be prominently displayed on the righthand side of the front windshield of the motor vehicle. A plate may be issued to a blind, handicapped or ambulatory handicapped person who does not own a motor vehicle, to be used when he or she is being transported. {ADD A motorcycle sticker issued pursuant to this section shall not be portable and shall be affixed to the rear plate of the motorcycle. ADD}

(c) Certificate of entitlement to said plate {ADD or motorcycle sticker ADD} shall be renewed every two (2) years 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 blind, handicapped or ambulatory handicapped persons'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. The certificate of entitlement to said plate {ADD or motorcycle sticker ADD} 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 of the handicapped plate {ADD or in the case of a motorcycle the applicant shall receive a new motorcycle sticker ADD} . The registry of motor vehicles shall establish rules and regulations allowing for the renewal of such certificates of entitlement by mail. 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 any such hearing, the registry shall bear the burden of proof that the individual is not entitled to the plate {ADD or motorcycle sticker ADD} pursuant to this chapter. There shall be no renewal fee charged for such plates {ADD or motorcycle sticker ADD} . The registry of motor vehicles shall be authorized to issue temporary handicapped plates {ADD or motorcycle sticker ADD} immediately upon receipt of an application. A temporary plate {ADD or motorcycle sticker ADD} shall be valid for sixty (60) days from the date of issuance. Temporary plates {ADD or motorcycle sticker ADD} may be renewed for one thirty (30) day period upon application if the disability persists. The registry of motor vehicles shall subsequently review such applications in accordance with the procedures currently in effect as to applications from persons whose handicap is permanent. Any issuance which, after subsequent review, shall be found to be inappropriate shall be revoked and notice thereof sent to the applicant.

(d) A person, other than a blind person, handicapped or ambulatory handicapped person, who for his or her own purposes uses the parking privilege plate shall be fined fifty dollars ($50.00) for each violation. A person issued a special plate who shall allow unauthorized use of the parking plate may be subject to revocation of the use of the plate by the registry.

(2) Handicapped parking spaces shall be designated and identified by the posting of signs incorporating the international symbol of access of white on blue. 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 twenty-five dollar ($25.00) minimum 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.

(3)(a) A person, other than a person issued a special plate {ADD or motorcycle sticker ADD} pursuant to this section, who parks a vehicle in a parking space designated for the handicapped, shall be fined twenty-five ($25.00) dollars for a first violation, seventy-five dollars ($75.00) for a second violation and one hundred dollars ($100.00) for a third or subsequent violation. 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 and is properly displaying the plate on the vehicle. The vehicle may be subject to towing at the owner's expense.

(b) Enforcement of the parking provisions of this section shall be enforced by the local authorities.

(4) 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; and 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; and 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.

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

(6) The department of transportation 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 or motorcycle sticker ADD} issued under this section shall be sent to the enforcing authority of each state and each such enforcing authority shall be informed of the parking restrictions of this section and sections 31-28-4 and 31-28-6.

SECTION 2. This act shall take effect upon passage.