Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 235 Second Substitute (2023GS)

Sponsor

Rep. Stenquist, J.

Final action

House/ to Governor 3/13/2023

Outcome

House/ to Governor

Summary

What it does

• This bill:
• requires the Motor Vehicle Division to affix an adhesive warning label to disability placards that describes certain prohibitions;
• requires the State Tax Commission to establish standards for the warning label in rule; and
• makes technical changes.

Every vote on this bill

Bill text

ACCESSIBLE PARKING SPACES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jeffrey D. Stenquist
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses parking privileges for persons with disabilities.
Highlighted Provisions:
This bill:
▸ requires the Motor Vehicle Division to affix an adhesive warning label to disability
placards that describes certain prohibitions;
▸ requires the State Tax Commission to establish standards for the warning label in
rule; 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-420
, as last amended by Laws of Utah 2019, Chapter 349
Be it enacted by the Legislature of the state of Utah:
Section 1. 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) "Physician assistant" means an individual licensed to practice as a physician
assistant in the state under Title 58, Chapter 70a, Utah Physician Assistant Act.
(e) "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.
(f) "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.
(g) "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:
(i) a qualifying person with a disability; or
(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 person with a disability shall ensure that the initial application contains the
certification of a physician, physician assistant, or nurse practitioner that:
(i) 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);
(ii) if the person is applying for a temporary wheelchair user placard or a wheelchair
user placard, the applicant has a walking disability; and
(iii) specifies the period of time that the physician, physician assistant, 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, 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.
(f) The division shall ensure that an adhesive warning label is affixed to the back of a
wheelchair user placard and a temporary wheelchair user placard that states: "Under state law, a
disability placard may only be used by, or for the transportation of, the person to whom the
disability placard is issued. A person who misuses another person's disability placard for
parking privileges is guilty of a class C misdemeanor."
[
(f)
] 
(g)
 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) 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 plate, a temporary removable windshield placard, 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 plate;
(c) require all temporary removable windshield placards, 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[
.
]
; and
(d) establish standards for the warning label described in Subsection (3)(f).
(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 2. 
Effective date.
This bill takes effect on July 1, 2024.