Representative Keven J. Stratton proposes the following substitute bill:


1     
ACCESSIBLE PARKING AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keven J. Stratton

5     
Senate Sponsor: Alvin B. Jackson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to accessible parking spaces.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     establishes criteria for parking in certain accessible parking spaces;
14          ▸     creates a windshield placard for use by a person with a disability that requires the
15     use of a wheelchair or other walking-assistive device; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     AMENDS:
23          41-1a-414, as last amended by Laws of Utah 2015, Chapter 412
24          41-1a-420, as last amended by Laws of Utah 2009, Chapter 66
25          41-1a-1306, as last amended by Laws of Utah 2014, Chapter 30

26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 41-1a-414 is amended to read:
29          41-1a-414. Parking privileges for persons with disabilities.
30          (1) As used in this section[,]:
31          (a) "Accessible parking space" means a parking space that is clearly identified as
32     reserved for use by a person with a disability and includes:
33          [(a)] (i) vertical signage, including the international symbol of accessibility, that is
34     visible from a passing vehicle; and
35          [(b)] (ii) a clearly marked access aisle, if provided, that is adjacent to and considered
36     part of the parking space.
37          (b) "Temporary wheelchair user placard" means the same as that term is defined in
38     Section 41-1a-420.
39          (c) "Van accessible parking space" means an accessible parking space that is reserved
40     for use by a qualifying person with a walking disability who has a temporary wheelchair user
41     placard or a wheelchair user placard and includes:
42          (i) vertical signage with the international symbol of accessibility and the words "van
43     accessible" that is visible from a passing vehicle; and
44          (ii) a clearly marked access aisle that is adjacent to and considered part of the parking
45     space.
46          (d) "Walking disability" means a physical disability that requires the use of a
47     walking-assistive device or wheelchair or similar low-powered motorized or mechanically
48     propelled vehicle that is specifically designed to assist a person who has a limited or impaired
49     ability to walk.
50          (e) "Wheelchair user placard" means the same as that term is defined in Section
51     41-1a-420.
52          (2) Except in parking areas designated for emergency use, a person with a disability,
53     qualifying under rules made in accordance with Section 41-1a-420, may park an appropriately
54     marked vehicle for reasonable periods without charge in metered parking zones and restricted
55     parking areas, in a manner that allows proper access to the vehicle by the person with a
56     disability.

57          (3) (a) Only those vehicles carrying a person with a disability special group license
58     plate, temporary removable windshield placard, or removable windshield placard and
59     transporting a qualifying person with a disability may park in an accessible parking space.
60          [(b) A violation of Subsection (3)(a) is a class C misdemeanor.]
61          (b) (i) Except as provided in Subsection (3)(b)(ii), a person may not park in a van
62     accessible parking space unless the person is:
63          (A) transporting a qualifying person with a walking disability who has a temporary
64     wheelchair user placard or a wheelchair user placard; and
65          (B) driving either a van equipped with a wheelchair lift or a vehicle carrying the
66     person's walking-assistive device or wheelchair.
67          (ii) In a parking lot in which 50% or more of the total accessible and van accessible
68     parking spaces are designated as van accessible parking spaces, a person may not park in a van
69     accessible parking space unless the person is transporting a qualifying person with a disability
70     and has a:
71          (A) disability special group license plate;
72          (B) temporary removable windshield placard;
73          (C) removable windshield placard;
74          (D) temporary wheelchair user placard; or
75          (E) wheelchair user placard.
76          (c) (i) A violation of Subsection (3)(a) is a class C misdemeanor.
77          (ii) Except as provided in Subsection (3)(c)(iii), a violation of Subsection (3)(b) is a
78     class C misdemeanor.
79          (iii) Until January 1, 2019, a peace officer shall issue a warning instead of a citation to
80     an individual for a violation of Subsection (3)(b)(i) if the individual:
81          (A) has not previously been warned for a violation of Subsection (3)(b)(i); and
82          (B) is transporting a person with a disability who has a disability special group license
83     plate, a temporary removable windshield placard, or a removable windshield placard.
84          (iv) (A) Except as provided in Subsection (3)(c)(iv)(B), the court shall impose a
85     minimum fine of $125 on a person convicted of violating this section.
86          (B) A court may waive all or a portion of the fine charged to a person for a violation of
87     this section if the operator of the vehicle presents evidence to the court that the individual had

88     been issued a disability special group license plate, a temporary removable windshield placard,
89     a removable windshield placard, a temporary wheelchair user placard, or a wheelchair user
90     placard at the time of the violation.
91          (4) This section applies to and may be enforced on public property and on private
92     property that is used or intended for use by the public.
93          (5) The parking privileges granted by this section also apply to vehicles displaying a
94     person with a disability special group license plate, temporary removable windshield placard,
95     or removable windshield placard issued by another jurisdiction if displayed on a vehicle being
96     used by a person with a disability.
97          Section 2. Section 41-1a-420 is amended to read:
98          41-1a-420. Disability special group license plates -- Application and qualifications
99     -- Rulemaking.
100          (1) As used in this section:
101          (a) "Advanced practice registered nurse" means a person licensed to practice as an
102     advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act.
103          (b) "Nurse practitioner" means an advanced practice registered nurse specializing as a
104     nurse practitioner.
105          (c) "Physician" means a person licensed to practice as a physician or osteopath in this
106     state under Title 58, Chapter 67, Utah Medical Practice Act or Title 58, Chapter 68, Utah
107     Osteopathic Medical Practice Act.
108          (d) "Temporary wheelchair user placard" means a removeable windshield placard that
109     is issued to a qualifying person, as provided in this section, who has a walking disability that is
110     not permanent.
111          (e) "Walking disability" means a physical disability that requires the use of a
112     walking-assistive device or wheelchair or similar low-powered motorized or mechanically
113     propelled vehicle that is designed to specifically assist a person who has a limited or impaired
114     ability to walk.
115          (f) "Wheelchair user placard" means a removeable windshield placard that is issued to
116     a qualifying person, as provided in this section, who has a walking disability.
117          (2) (a) The division shall issue a disability special group license plate, a temporary
118     removable windshield placard, or a removable windshield placard to an applicant who is either:

119          [(a)] (i) a qualifying person with a disability; or
120          [(b)] (ii) the registered owner of a vehicle that an organization uses primarily for the
121     transportation of persons with disabilities that limit or impair the ability to walk.
122          (b) The division shall issue a temporary wheelchair user placard or a wheelchair user
123     placard to an applicant who is either:
124          (i) a qualifying person with a walking disability; or
125          (ii) the registered owner of a vehicle that an organization uses primarily for the
126     transportation of persons with a walking disability.
127          (c) The division shall require that an applicant under Subsection (2)(b) certifies that the
128     person travels in a vehicle equipped with a wheelchair lift or a vehicle carrying the person's
129     walking-assistive device or wheelchair and requires a van accessible parking space.
130          (3) (a) The [initial application of a] person with a disability shall [be accompanied by]
131     ensure that the initial application contains the certification of a physician or nurse practitioner
132     that:
133          (i) [that] the applicant meets the definition of a person with a disability that limits or
134     impairs the ability to walk as defined in the federal Uniform System for Parking for Persons
135     with Disabilities, 23 C.F.R. Ch. II, Subch. B, Pt. 1235.2 (1991); [and]
136          (ii) if the person is applying for a temporary wheelchair user placard or a wheelchair
137     user placard, the applicant has a walking disability; and
138          [(ii) specifying] (iii) specifies the period of time that the physician or nurse practitioner
139     determines the applicant will have the disability, not to exceed six months in the case of a
140     temporary disability or a temporary walking disability.
141          (b) The division shall issue a disability special group license plate [or], a removable
142     windshield placard, or a wheelchair user placard, as applicable, to a person with a permanent
143     disability.
144          (c) The issuance of a person with a disability special group license plate does not
145     preclude the issuance to the same applicant of a removable windshield placard or wheelchair
146     user placard.
147          (d) (i) On request of an applicant with a disability special group license plate, a
148     temporary removable windshield placard, or a removable windshield placard, the division shall
149     issue one additional placard.

150          (ii) On request of a qualified applicant with a disability special group license plate, the
151     division shall issue up to two temporary wheelchair user placards or two wheelchair user
152     placards.
153          (iii) On request of a qualified applicant with a temporary wheelchair user placard or a
154     wheelchair user placard, the division shall issue one additional placard.
155          (e) The division shall ensure that a temporary wheelchair user placard and a wheelchair
156     user placard have the following visible features:
157          (i) a large "W" next to the internationally recognized disabled persons symbol; and
158          (ii) the words "Wheelchair User" printed on a portion of the placard.
159          [(e)] (f) A disability special group license plate, temporary removable windshield
160     placard, or removable windshield placard may be used to allow one motorcycle to share a
161     parking space reserved for persons with a disability if:
162          (i) the person with a disability:
163          (A) is using a motorcycle; and
164          (B) displays on the motorcycle a disability special group license plate, temporary
165     removable windshield placard, or a removable windshield placard;
166          (ii) the person who shares the parking space assists the person with a disability with the
167     parking accommodation; and
168          (iii) the parking space is sufficient size to accommodate both motorcycles without
169     interfering with other parking spaces or traffic movement.
170          [(4) (a) The temporary removable windshield placard or removable windshield placard
171     shall be hung from the front windshield rearview mirror when the vehicle is parked in a
172     parking space reserved for persons with disabilities so that it is visible from the front and rear
173     of the vehicle.]
174          (4) (a) When a vehicle is parked in a parking space reserved for persons with
175     disabilities, a temporary removable windshield placard, a removable windshield placard, a
176     temporary wheelchair user placard, or a wheelchair user placard shall be displayed so that the
177     placard is visible from the front of the vehicle.
178          (b) If a motorcycle is being used, the temporary removable windshield placard or
179     removable windshield placard shall be displayed in plain sight on or near the handle bars of the
180     motorcycle.

181          (5) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
182     Administrative Rulemaking Act, to:
183          (a) establish qualifying criteria for persons to receive, renew, or surrender special group
184     license plates, a temporary removable windshield placard, [or] a removable windshield placard,
185     a temporary wheelchair user placard, or a wheelchair user placard in accordance with this
186     section;
187          (b) establish the maximum number of numerals or characters for disability special
188     group license plates; [and]
189          (c) require all temporary removable windshield placards [and], removable windshield
190     placards, temporary wheelchair user placards, and wheelchair user placards to include:
191          (i) an identification number;
192          (ii) an expiration date not to exceed:
193          (A) six months for a temporary removable windshield placard; and
194          (B) two years for a removable windshield placard; and
195          (iii) the seal or other identifying mark of the division.
196          Section 3. Section 41-1a-1306 is amended to read:
197          41-1a-1306. Abuse of persons with disabilities parking privileges -- Revocation of
198     special plate or transferable ID card -- Fine.
199          [(1)] A person with a disability who abuses the rights and privileges conferred under
200     Section 41-1a-414 or allows an individual who is not a person with a disability to use those
201     parking privileges may have the person's disability special group license plate, temporary
202     removable windshield placard, [or] removable windshield placard, or wheelchair user placard
203     revoked by the division.
204          [(2) (a) Except as provided in Subsection (2)(b), a person who violates Section
205     41-1a-414 shall pay a minimum fine of $125.]
206          [(b) A court may waive up to $100 of the fine charged to a person for a violation of
207     Section 41-1a-414 under Subsection (2)(a) if the operator of the vehicle presents evidence to
208     the court that the individual had been issued a disability special group license plate, temporary
209     removable windshield placard, or removable windshield placard at the time of the violation.]
210          Section 4. Effective date.
211          This bill takes effect on January 1, 2017.