CHAPTER 283


99-S 634
Enacted 7/2/99


A N     A C T

RELATING TO ENHANCED ENFORCEMENT OF DISABILITY PARKING

Introduced By: Senators Coderre T., DaPonte and Goodwin

Date Introduced : February 9, 1999

SECTION 1. Chapter 31-28 of the General Laws entitled "Parking Facilities and Privileges" is hereby amended by adding thereto the following section:

{ADD 31-28-7.3. Disability parking enforcement program. -- ADD} {ADD (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 and commissions, and quasi-governmental corporations. Citations issued in conjunction with this program shall be submitted to the administrative adjudication court 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. ADD}

{ADD (b) The several cities and towns shall establish disability parking enforcement enhancement programs no later than July 1, 2000. Citations issued in conjunction with local enforcement programs shall be submitted to the municipal court, where established, or to the administrative adjudication court 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. ADD}

{ADD (c) Disability parking enforcement enhancement plans -- ADD}

{ADD (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 no later than November 1, 1999. ADD}

{ADD (2) Cities and towns shall submit a disability parking enforcement enhancement plan to the governor's commission on the disability no later than April 1, 2000. ADD}

{ADD (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. ADD}

{ADD (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. ADD}

{ADD (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 governors 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. ADD}

{ADD (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: ADD}

{ADD (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 thereafter shall assume all liability associated with disability parking enforcement. ADD}

{ADD (2) Enforcement programs which specifically designate paid and trained personnel as staff for the disability parking enforcement enhancement program. Such 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. ADD}

SECTION 2. This act shall take effect upon passage.



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