Maryland 2024 Regular Session

Maryland Senate Bill SB907 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0907*
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77 SENATE BILL 907
88 R4 4lr2203
99
1010 By: Senator Augustine
1111 Introduced and read first time: February 2, 2024
1212 Assigned to: Judicial Proceedings
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Motor Vehicles – Disability Parking Placards – Photo Identification 2
1919
2020 FOR the purpose of requiring the Motor Vehicle Administration, on request, to issue a 3
2121 disability parking placard with an embedded color photograph of the placard holder; 4
2222 requiring a parking placard with an embedded color photograph of the placard holder 5
2323 to include a privacy sleeve that allows a person to freely display or hide the color 6
2424 photograph; and generally relating to disability parking placards. 7
2525
2626 BY repealing and reenacting, with amendments, 8
2727 Article – Transportation 9
2828 Section 13–616.1 10
2929 Annotated Code of Maryland 11
3030 (2020 Replacement Volume and 2023 Supplement) 12
3131
3232 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
3333 That the Laws of Maryland read as follows: 14
3434
3535 Article – Transportation 15
3636
3737 13–616.1. 16
3838
3939 (a) A person may apply to the Administration for a parking placard on a form 17
4040 provided by the Administration if the applicant: 18
4141
4242 (1) Is a resident of the State; and 19
4343
4444 (2) (i) Has a permanent disability as described in § 13–616(b)(1) of this 20
4545 subtitle and as certified by a licensed physician, licensed physician assistant, licensed 21
4646 chiropractor, licensed optometrist, licensed podiatrist, or licensed physical therapist, as 22
4747 defined in § 13–616(a) of this subtitle; or 23
4848 2 SENATE BILL 907
4949
5050
5151 (ii) Has a permanent disability as described in § 13–616(b)(1)(vi) of 1
5252 this subtitle and as self–certified as provided by § 13–616(b)(2)(iv) of this subtitle. 2
5353
5454 (b) (1) A parking placard for a person with a disability may be issued to an 3
5555 applicant described in subsection (a) of this section only if the applicant submits proof 4
5656 satisfactory to the Administration that the applicant is a person with a disability as 5
5757 described in § 13–616(b) of this subtitle. 6
5858
5959 (2) A parent or legal guardian may apply for a special disability parking 7
6060 placard on behalf of a qualified minor. 8
6161
6262 (c) (1) Except as provided in § 13–616(c) of this subtitle, the Administration 9
6363 may not issue to an applicant: 10
6464
6565 (i) More than one placard if the applicant requests one set of special 11
6666 registration plates under § 13–616 of this subtitle; or 12
6767
6868 (ii) More than two placards if the applicant does not request a set of 13
6969 special registration plates under § 13–616 of this subtitle. 14
7070
7171 (2) Except as provided in § 13–616(c) of this subtitle, the Administration 15
7272 may not issue to a person issued special vehicle registration plates under § 13–616 of this 16
7373 subtitle a combination of special disability registration plates and placards exceeding two. 17
7474
7575 (d) (1) (i) A placard issued under this section to an applicant described in 18
7676 subsection (a) of this section is valid until the death of the placard holder. 19
7777
7878 (ii) On receipt of notification of the death of the placard holder, the 20
7979 Administration shall mark the record of the placard as expired and shall send notice to the 21
8080 last known address of the placard holder requesting the return of the placard to the 22
8181 Administration. 23
8282
8383 (2) If a placard is lost, stolen, or damaged, the placard holder may apply 24
8484 for a replacement placard on an application form and in the manner required by the 25
8585 Administration. 26
8686
8787 (e) (1) A parking placard for a person with a disability shall be issued: 27
8888
8989 (i) Except as provided in item (ii) or item (iii) of this paragraph, in 28
9090 the form of a removable windshield placard capable of being hung from the inside rearview 29
9191 mirror and of a size and design as determined by the Administration; 30
9292
9393 (ii) For a vehicle not equipped with an inside rearview mirror or in 31
9494 which the inside rearview mirror is not visible from the rear of the vehicle, in the form of a 32
9595 windshield placard of a size and design as determined by the Administration; or 33
9696 SENATE BILL 907 3
9797
9898
9999 (iii) For a Class D (motorcycle) vehicle, in the form of a sticker of a 1
100100 size and design as designated by the Administration. 2
101101
102102 (2) A person to whom a parking placard for a person with a disability is 3
103103 issued shall display the placard described in this section: 4
104104
105105 (i) In a Class A (passenger) vehicle or a Class M (multipurpose) 5
106106 vehicle; 6
107107
108108 (ii) On a Class D (motorcycle) vehicle as required by the 7
109109 Administration; 8
110110
111111 (iii) In a Class E (truck) vehicle with a one ton or less manufacturer’s 9
112112 rated capacity and specially equipped for the transportation of or operation by an individual 10
113113 with a disability; or 11
114114
115115 (iv) In a Class H, I, or J vehicle that is specially equipped for the 12
116116 transportation of individuals with disabilities and is used exclusively for the transportation 13
117117 of individuals with disabilities. 14
118118
119119 (3) (I) THE ADMINISTRATION , ON THE REQUEST OF TH E PERSON 15
120120 TO WHOM THE PARKING PLACARD IS ISSUED , SHALL ISSUE A PARKING PLACARD 16
121121 WITH AN EMBEDDED COL OR PHOTOGRAPH OF THE PERSON. 17
122122
123123 (II) A PARKING PLACARD ISSU ED WITH AN EMBEDDED COLOR 18
124124 PHOTOGRAPH SHALL INCLUDE A PRIV ACY SLEEVE THAT ALLOWS A PERSON TO 19
125125 FREELY DISPLAY OR HI DE THE COLOR PHOTOGR APH. 20
126126
127127 (III) A PERSON SHALL DISPLAY THE EMBEDDED COLOR 21
128128 PHOTOGRAPH ON A PARKING PLACARD ON THE REQUEST OF : 22
129129
130130 1. A POLICE OFFICER , WHILE THE OFFICER IS 23
131131 DISCHARGING THE OFFI CIAL DUTIES OF A POL ICE OFFICER; OR 24
132132
133133 2. ANY OTHER PERSON AUTH ORIZED BY A POLITICA L 25
134134 SUBDIVISION TO ENFORCE THIS SE CTION, WHILE ACTING WITHIN THE SCOPE OF 26
135135 THIS AUTHORITY . 27
136136
137137 (IV) THE ADMINISTRATION SHALL TAKE A COLOR PHOTOGR APH 28
138138 EMBEDDED ON A PARKIN G PLACARD IN ACCORDANCE WITH A PROCEDURE THAT THE 29
139139 ADMINISTRATION REQUIR ES. 30
140140
141141 (f) (1) Except as provided in paragraph (3) of this subsection, when displayed 31
142142 by the person to whom a removable windshield placard is issued, the removable windshield 32
143143 placard shall be hung from the inside rearview mirror when the vehicle is parked. 33 4 SENATE BILL 907
144144
145145
146146
147147 (2) A person may not drive a vehicle while a removable windshield placard 1
148148 described under paragraph (1) of this subsection is hanging from the inside rearview 2
149149 mirror. 3
150150
151151 (3) The removable windshield placard shall be placed inside a vehicle that 4
152152 is not equipped with an inside rearview mirror, in a position from which the removable 5
153153 windshield placard can be viewed from the outside of the vehicle through the lower portion 6
154154 of the windshield on the driver’s side of the vehicle. 7
155155
156156 (4) When displayed, the person to whom a removable windshield placard is 8
157157 issued under this section or under a similar provision of law of any state or country is 9
158158 accorded the privileges contained in § 13–616(f) of this subtitle. 10
159159
160160 (g) When using the parking privileges granted under § 13–616(f) of this subtitle: 11
161161
162162 (1) The person shall have in the person’s possession identification issued 12
163163 by the Administration as proof that parking privileges are being utilized by a person with 13
164164 a disability as defined in § 13–616(b)(1) of this subtitle; and 14
165165
166166 (2) The person shall make the identification available upon the request of: 15
167167
168168 (i) A police officer, while the officer is discharging the official duties 16
169169 of a police officer; or 17
170170
171171 (ii) Any other person authorized by a political subdivision to enforce 18
172172 this section, while acting within the scope of this authority. 19
173173
174174 (h) (1) A person may not commit any fraud or make any misrepresentation in 20
175175 certifying a person’s disability or applying for or using a parking placard for a person with 21
176176 a disability. 22
177177
178178 (2) A person who operates a motor vehicle displaying a parking placard for 23
179179 a person with a disability may not use the privileges granted under this section, unless the 24
180180 person is: 25
181181
182182 (i) A person with a disability who meets the requirements of § 26
183183 13–616(b)(1) of this subtitle; or 27
184184
185185 (ii) Accompanied by a dependent, or an individual who depends on 28
186186 the person for transportation, who meets the requirements of § 13–616(b)(1) of this subtitle. 29
187187
188188 (3) To determine if the eligibility requirements continue to be met, the 30
189189 Administration may conduct a review of a parking placard for a person with a disability 31
190190 that is issued by the Administration under this section and: 32
191191 SENATE BILL 907 5
192192
193193
194194 (i) If the Administration finds it necessary to review the severity or 1
195195 permanency of a placard holder’s disability, the Administration may request a review and 2
196196 recommendations from the Medical Advisory Board established under § 16–118 of this 3
197197 article; and 4
198198
199199 (ii) If the Administration determines that eligibility requirements 5
200200 are not being met, the Administration may revoke the parking placard for a person with a 6
201201 disability. 7
202202
203203 (i) The Administration shall: 8
204204
205205 (1) Administer the removable windshield placard program in accordance 9
206206 with the provisions of this section; and 10
207207
208208 (2) By July 1, 2001, establish an automated system for recording the 11
209209 issuance, renewal, and expiration of placards in a timely manner to ensure that the 12
210210 objectives of the placard program are achieved in an efficient and orderly manner. 13
211211
212212 (j) In accordance with the provisions of this section, each board for licensed 14
213213 physicians, licensed physician assistants, licensed chiropractors, licensed optometrists, 15
214214 licensed podiatrists, or licensed physical therapists shall be responsible for the development 16
215215 and maintenance of a database system, with which the Administration can interface and 17
216216 verify licensure. 18
217217
218218 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
219219 October 1, 2024. 20