Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 56 Third Substitute (2017GS)

Sponsor

Rep. Stratton, K.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• establishes criteria for parking in certain accessible parking spaces;
• creates a windshield placard for use by a person with a disability that requires the use of a wheelchair or other walking-assistive device; and
• makes technical changes.

Every vote on this bill

Bill text

ACCESSIBLE PARKING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill amends provisions related to accessible parking spaces.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ establishes criteria for parking in certain accessible parking spaces;
▸ creates a windshield placard for use by a person with a disability that requires the
use of a wheelchair or other walking-assistive device; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
41-1a-414
, as last amended by Laws of Utah 2015, Chapter 412
41-1a-420
, as last amended by Laws of Utah 2009, Chapter 66
41-1a-1306
, as last amended by Laws of Utah 2014, Chapter 30
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-414
 is amended to read:
41-1a-414.
Parking privileges for persons with disabilities.
(1) As used in this section[
,
]
:
(a)
 "Accessible parking space" means a parking space that is clearly identified as
reserved for use by a person with a disability and includes:
[
(a)
] 
(i)
 vertical signage, including the international symbol of accessibility, that is
visible from a passing vehicle; and
[
(b)
] 
(ii)
 a clearly marked access aisle, if provided, that is adjacent to and considered
part of the parking space.
(b) "Temporary wheelchair user placard" means the same as that term is defined in
Section 
41-1a-420
.
(c) "Van accessible parking space" means an accessible parking space that is marked
for use by a qualifying person with a walking disability who has a temporary wheelchair user
placard or a wheelchair user placard and includes:
(i) vertical signage with the international symbol of accessibility and the words "van
accessible" that is visible from a passing vehicle; and
(ii) a clearly marked access aisle that is adjacent to and considered part of the parking
space.
(d) "Walking disability" means a physical disability that requires the use of a
walking-assistive device or wheelchair or similar low-powered motorized or mechanically
propelled vehicle that is specifically designed to assist a person who has a limited or impaired
ability to walk.
(e) "Wheelchair user placard" means the same as that term is defined in Section
41-1a-420
.
(2) Except in parking areas designated for emergency use, a person with a disability,
qualifying under rules made in accordance with Section 
41-1a-420
, may park an appropriately
marked vehicle for reasonable periods without charge in metered parking zones and restricted
parking areas, in a manner that allows proper access to the vehicle by the person with a
disability.
(3) (a) Only those vehicles carrying a person with a disability special group license
plate, temporary removable windshield placard, or removable windshield placard and
transporting a qualifying person with a disability may park in an accessible parking space.
(b) A violation of Subsection (3)(a) is a class C misdemeanor.
(c) A person described in Subsection (3)(a) is encouraged to avoid parking in a van
accessible parking space unless:
(i) the person has a walking disability and has a temporary wheelchair user placard;
(ii) the person has a wheelchair user placard; or
(iii) all other accessible parking spaces that are not van accessible parking spaces are
occupied.
(4) This section applies to and may be enforced on public property and on private
property that is used or intended for use by the public.
(5) The parking privileges granted by this section also apply to vehicles displaying a
person with a disability special group license plate, temporary removable windshield placard,
or removable windshield placard issued by another jurisdiction if displayed on a vehicle being
used by a person with a disability.
Section 2. Section 
41-1a-420
 is amended to read:
41-1a-420.
Disability special group license plates -- Application and qualifications
-- Rulemaking.
(1) As used in this section:
(a) "Advanced practice registered nurse" means a person licensed to practice as an
advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act.
(b) "Nurse practitioner" means an advanced practice registered nurse specializing as a
nurse practitioner.
(c) "Physician" means a person licensed to practice as a physician or osteopath in this
state under Title 58, Chapter 67, Utah Medical Practice Act
,
 or 
Title 58,
 Chapter 68, Utah
Osteopathic Medical Practice Act.
(d) "Temporary wheelchair user placard" means a removable windshield placard that is
issued to a qualifying person, as provided in this section, who has a walking disability that is
not permanent.
(e) "Walking disability" means a physical disability that requires the use of a
walking-assistive device or wheelchair or similar low-powered motorized or mechanically
propelled vehicle that is designed to specifically assist a person who has a limited or impaired
ability to walk.
(f) "Wheelchair user placard" means a removable windshield placard that is issued to a
qualifying person, as provided in this section, who has a walking disability.
(2) 
(a)
 The division shall issue a disability special group license plate, a temporary
removable windshield placard, or a removable windshield placard to 
an applicant who is either
:
[
(a)
] 
(i)
 a qualifying person with a disability; or
[
(b)
] 
(ii)
 the registered owner of a vehicle that an organization uses primarily for the
transportation of persons with disabilities that limit or impair the ability to walk.
(b) The division shall issue a temporary wheelchair user placard or a wheelchair user
placard to an applicant who is either:
(i) a qualifying person with a walking disability; or
(ii) the registered owner of a vehicle that an organization uses primarily for the
transportation of persons with walking disabilities.
(c) The division shall require that an applicant under Subsection (2)(b) certifies that the
person travels in a vehicle equipped with a wheelchair lift or a vehicle carrying the person's
walking-assistive device or wheelchair and requires a van accessible parking space.
(3) (a) The [
initial application of a
] person with a disability shall [
be accompanied by
]
ensure that the initial application contains
 the certification of a physician or nurse practitioner
that
:
(i) [
that
] the applicant meets the definition of a person with a disability that limits or
impairs the ability to walk as defined in the federal Uniform System for Parking for Persons
with Disabilities, 23 C.F.R. Ch. II, Subch. B, Pt. 1235.2 (1991); [
and
]
(ii) if the person is applying for a temporary wheelchair user placard or a wheelchair
user placard, the applicant has a walking disability; and
[
(ii) specifying
] 
(iii) specifies
 the period of time that the physician or nurse practitioner
determines the applicant will have the disability, not to exceed six months in the case of a
temporary disability 
or a temporary walking disability
.
(b) The division shall issue a disability special group license plate [
or
]
,
 a removable
windshield placard
, or a wheelchair user placard, as applicable,
 to a person with a permanent
disability.
(c) The issuance of a person with a disability special group license plate does not
preclude the issuance to the same applicant of a removable windshield placard 
or wheelchair
user placard
.
(d) 
(i)
 On request of an applicant with a disability special group license plate, 
a
temporary removable windshield placard, or a removable windshield placard
,
 the division shall
issue one additional placard.
(ii) On request of a qualified applicant with a disability special group license plate, the
division shall issue up to two temporary wheelchair user placards or two wheelchair user
placards.
(iii) On request of a qualified applicant with a temporary wheelchair user placard or a
wheelchair user placard, the division shall issue one additional placard.
(e) The division shall ensure that a temporary wheelchair user placard and a wheelchair
user placard have the following visible features:
(i) a large "W" next to the internationally recognized disabled persons symbol; and
(ii) the words "Wheelchair User" printed on a portion of the placard.
[
(e)
] 
(f)
 A disability special group license plate, temporary removable windshield
placard, or removable windshield placard may be used to allow one motorcycle to share a
parking space reserved for persons with a disability if:
(i) the person with a disability:
(A) is using a motorcycle; and
(B) displays on the motorcycle a disability special group license plate, temporary
removable windshield placard, or a removable windshield placard;
(ii) the person who shares the parking space assists the person with a disability with the
parking accommodation; and
(iii) the parking space is sufficient size to accommodate both motorcycles without
interfering with other parking spaces or traffic movement.
[
(4) (a) The temporary removable windshield placard or removable windshield placard
shall be hung from the front windshield rearview mirror when the vehicle is parked in a
parking space reserved for persons with disabilities so that it is visible from the front and rear
of the vehicle.
]
(4) (a) When a vehicle is parked in a parking space reserved for persons with
disabilities, a temporary removable windshield placard, a removable windshield placard, a
temporary wheelchair user placard, or a wheelchair user placard shall be displayed so that the
placard is visible from the front of the vehicle.
(b) If a motorcycle is being used, the temporary removable windshield placard or
removable windshield placard shall be displayed in plain sight on or near the handle bars of the
motorcycle.
(5) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) establish qualifying criteria for persons to receive, renew, or surrender 
a disability
special group license [
plates
] 
plate
, a temporary removable windshield placard, [
or
] a
removable windshield placard
, a temporary wheelchair user placard, or a wheelchair user
placard
 in accordance with this section;
(b) establish the maximum number of numerals or characters for 
a
 disability special
group license [
plates; and
] 
plate;
(c) require all temporary removable windshield placards [
and
]
,
 removable windshield
placards
, temporary wheelchair user placards, and wheelchair user placards
 to include:
(i) an identification number;
(ii) an expiration date not to exceed:
(A) six months for a temporary removable windshield placard; and
(B) two years for a removable windshield placard; and
(iii) the seal or other identifying mark of the division.
(6) The commission shall insert the following on motor vehicle registration certificates:
"State law prohibits persons who do not lawfully possess a disability placard or
disability special group license plate from parking in an accessible parking space designated for
persons with disabilities. Persons who possess a disability placard or disability special group
license plate are discouraged from parking in an accessible parking space designated as van
accessible unless they have a temporary wheelchair user placard or a wheelchair user placard."
Section 3. Section 
41-1a-1306
 is amended to read:
41-1a-1306.
Abuse of persons with disabilities parking privileges -- Revocation of
special plate or transferable ID card -- Fine.
[
(1)
] A person with a disability who abuses the rights and privileges conferred under
Section 
41-1a-414
 or allows an individual who is not a person with a disability to use those
parking privileges may have the person's disability special group license plate, temporary
removable windshield placard, [
or
] removable windshield placard
, temporary wheelchair user
placard, or wheelchair user placard
 revoked by the division.
[
(2) (a) Except as provided in Subsection (2)(b), a person who violates Section
41-1a-414
 shall pay a minimum fine of $125.
]
[
(b) A court may waive up to $100 of the fine charged to a person for a violation of
Section 
41-1a-414
 under Subsection (2)(a) if the operator of the vehicle presents evidence to
the court that the individual had been issued a disability special group license plate, temporary
removable windshield placard, or removable windshield placard at the time of the violation.
]
Section 4. 
Effective date.
This bill takes effect on January 1, 2018.