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4 | 4 | | |
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5 | 5 | | 2023 -- H 5769 |
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6 | 6 | | ======== |
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7 | 7 | | LC001942 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO MOTOR AN D OTHER VEHICLES -- PARKING FACILITIES AND |
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16 | 16 | | PRIVILEGES |
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17 | 17 | | Introduced By: Representatives Corvese, Azzinaro, O'Brien, Kennedy, Noret, Biah, |
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18 | 18 | | Costantino, and Lima |
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19 | 19 | | Date Introduced: February 21, 2023 |
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20 | 20 | | Referred To: House State Government & Elections |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Section 31-28-7.3 of the General Laws in Chapter 31-28 entitled "Parking 1 |
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25 | 25 | | Facilities and Privileges" is hereby amended to read as follows: 2 |
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26 | 26 | | 31-28-7.3. Disability parking enforcement program. 3 |
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27 | 27 | | (a) The state police, department of environmental management, airport corporation, capitol 4 |
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28 | 28 | | police, department of behavioral healthcare, developmental disabilities and hospitals, governor's 5 |
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29 | 29 | | commission on disabilities, and the state operated colleges shall establish a disability parking 6 |
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30 | 30 | | enforcement enhancement programs no later than January 1, 2000. The program will be designed 7 |
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31 | 31 | | to improve enforcement of disability parking laws on state-owned property and in parking facilities 8 |
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32 | 32 | | serving space leased or owned by the state, including state departments, agencies, boards, 9 |
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33 | 33 | | commissions, and quasi-governmental corporations. Citations issued in conjunction with this 10 |
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34 | 34 | | program shall be submitted to the traffic tribunal or its successor entity for collection pursuant to 11 |
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35 | 35 | | §§ 31-28-7 and 31-28-7.1 and the fines collected through shall be paid over to the state agency or 12 |
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36 | 36 | | college that issued the citation. 13 |
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37 | 37 | | (b) The several cities and towns shall establish disability parking enforcement enhancement 14 |
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38 | 38 | | programs. Citations issued in conjunction with local enforcement programs shall be submitted to 15 |
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39 | 39 | | the municipal court, where established, or to the traffic tribunal or its successor entity. Fines 16 |
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40 | 40 | | collected through citations issued in accordance with local enforcement program specifications 17 |
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41 | 41 | | shall be paid over to the city or town or pursuant to §§ 31-28-7 and 31-28-7.1. 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001942 - Page 2 of 4 |
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45 | 45 | | (c) Disability parking enforcement enhancement plans. 1 |
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46 | 46 | | (1) The state police, department of environmental management, airport corporation, capitol 2 |
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47 | 47 | | police, department of behavioral healthcare, developmental disabilities and hospitals, and the state 3 |
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48 | 48 | | operated colleges shall submit a disability parking enforcement enhancement plan to the governor’s 4 |
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49 | 49 | | commission on disabilities. 5 |
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50 | 50 | | (2) Cities and towns shall submit a disability parking enforcement enhancement plan to the 6 |
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51 | 51 | | governor’s commission on the disability. 7 |
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52 | 52 | | (3) The disability parking enforcement enhancement plans shall describe the enforcement 8 |
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53 | 53 | | program which the state police, department of environmental management, airport corporation, 9 |
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54 | 54 | | capitol police, department of behavioral healthcare, developmental disabilities and hospitals, 10 |
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55 | 55 | | governor's commission on disabilities, the state operated colleges or the municipality intends to 11 |
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56 | 56 | | establish. 12 |
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57 | 57 | | (4) The disability parking enforcement enhancement plan shall be reviewed by governor’s 13 |
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58 | 58 | | commission on disabilities within sixty (60) days of receipt and suggest improvements to the 14 |
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59 | 59 | | disability parking enforcement enhancement plans, that shall not be construed as required 15 |
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60 | 60 | | amendments. 16 |
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61 | 61 | | (d) The types of disability parking enforcement enhancement programs which may be put 17 |
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62 | 62 | | in place in each municipality, and by the state police, department of environmental management, 18 |
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63 | 63 | | airport corporation, capitol police, department of behavioral healthcare, developmental disabilities 19 |
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64 | 64 | | and hospitals, governor's commission on disabilities, and the state operated colleges, may include, 20 |
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65 | 65 | | but shall not be limited to: 21 |
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66 | 66 | | (1) Enforcement programs which utilize persons deputized for the purpose of the disability 22 |
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67 | 67 | | parking enforcement enhancement program. The disability parking enforcement deputies shall be 23 |
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68 | 68 | | required to complete a minimum of four (4) hours training in parking enforcement before being 24 |
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69 | 69 | | assigned to the program. Each municipality and the state police, department of environmental 25 |
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70 | 70 | | management, airport corporation, capitol police, department of behavioral healthcare, 26 |
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71 | 71 | | developmental disabilities and hospitals, governor's commission on disabilities, and the state 27 |
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72 | 72 | | operated colleges shall provide adequate training and shall assume all liability associated with 28 |
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73 | 73 | | disability parking enforcement. 29 |
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74 | 74 | | (2) Enforcement programs which specifically designate paid and trained personnel as staff 30 |
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75 | 75 | | for the disability parking enforcement enhancement program. These personnel are not limited to 31 |
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76 | 76 | | on-duty police officers, but may also include officers to be paid overtime, auxiliary personnel, 32 |
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77 | 77 | | special forces, retired personnel, and other paid employee deemed by the responsible authority to 33 |
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78 | 78 | | be competent and qualified. 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001942 - Page 3 of 4 |
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82 | 82 | | (e) Beginning January 1, 2024 and on each January 1 thereafter, cities and towns and the 1 |
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83 | 83 | | state police, department of environmental management, airport corporation, capitol police, 2 |
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84 | 84 | | department of behavioral healthcare, developmental disabilities and hospitals, and the state 3 |
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85 | 85 | | operated colleges shall be required to submit to the governor’s commission on disabilities an annual 4 |
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86 | 86 | | progress report chronicling the collections of fines, procedures used, convictions, and any problems 5 |
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87 | 87 | | or successes which result from the disability parking enforcement enhancement program. 6 |
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88 | 88 | | Following receipt of an annual program report, the governor’s commission on disabilities may 7 |
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89 | 89 | | suggest improvements to a disability parking enforcement enhancement program. 8 |
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90 | 90 | | SECTION 2. This act shall take effect upon passage. 9 |
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91 | 91 | | ======== |
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92 | 92 | | LC001942 |
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93 | 93 | | ======== |
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94 | 94 | | |
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95 | 95 | | |
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96 | 96 | | LC001942 - Page 4 of 4 |
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97 | 97 | | EXPLANATION |
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98 | 98 | | BY THE LEGISLATIVE COUNCIL |
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99 | 99 | | OF |
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100 | 100 | | A N A C T |
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101 | 101 | | RELATING TO MOTOR AN D OTHER VEHICLES -- PARKING FACILITIES AND |
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102 | 102 | | PRIVILEGES |
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103 | 103 | | *** |
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104 | 104 | | This act would include the governor’s commission on disabilities in the decision making 1 |
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105 | 105 | | process for the disability parking enforcement enhancement program and require an annual report 2 |
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106 | 106 | | be submitted to the governor’s commission. 3 |
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107 | 107 | | This act would take effect upon passage. 4 |
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108 | 108 | | ======== |
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109 | 109 | | LC001942 |
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110 | 110 | | ======== |
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