H.B. 235
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: G. Harb 6
6 01-18-23 3:35 PM 6
H.B. 235
1 ACCESSIBLE PARKING SPACES AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jeffrey D. Stenquist
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses parking privileges for persons with disabilities.
10Highlighted Provisions:
11 This bill:
12 <requires the Motor Vehicle Division to affix an adhesive warning label to disability
13placards that describes certain prohibitions;
14 <requires the State Tax Commission to establish standards for the warning label in
15rule; and
16 <makes technical changes.
17Money Appropriated in this Bill:
18 None
19Other Special Clauses:
20 This bill provides a special effective date.
21Utah Code Sections Affected:
22AMENDS:
23 41-1a-420, as last amended by Laws of Utah 2019, Chapter 349
24
25Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 41-1a-420 is amended to read:
27 41-1a-420. Disability special group license plates -- Application and qualifications
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28-- Rulemaking.
29 (1) As used in this section:
30 (a) "Advanced practice registered nurse" means a person licensed to practice as an
31advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act.
32 (b) "Nurse practitioner" means an advanced practice registered nurse specializing as a
33nurse practitioner.
34 (c) "Physician" means a person licensed to practice as a physician or osteopath in this
35state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
36Osteopathic Medical Practice Act.
37 (d) "Physician assistant" means an individual licensed to practice as a physician
38assistant in the state under Title 58, Chapter 70a, Utah Physician Assistant Act.
39 (e) "Temporary wheelchair user placard" means a removable windshield placard that is
40issued to a qualifying person, as provided in this section, who has a walking disability that is
41not permanent.
42 (f) "Walking disability" means a physical disability that requires the use of a
43walking-assistive device or wheelchair or similar low-powered motorized or mechanically
44propelled vehicle that is designed to specifically assist a person who has a limited or impaired
45ability to walk.
46 (g) "Wheelchair user placard" means a removable windshield placard that is issued to a
47qualifying person, as provided in this section, who has a walking disability.
48 (2) (a) The division shall issue a disability special group license plate, a temporary
49removable windshield placard, or a removable windshield placard to an applicant who is either:
50 (i) a qualifying person with a disability; or
51 (ii) the registered owner of a vehicle that an organization uses primarily for the
52transportation of persons with disabilities that limit or impair the ability to walk.
53 (b) The division shall issue a temporary wheelchair user placard or a wheelchair user
54placard to an applicant who is either:
55 (i) a qualifying person with a walking disability; or
56 (ii) the registered owner of a vehicle that an organization uses primarily for the
57transportation of persons with walking disabilities.
58 (c) The division shall require that an applicant under Subsection (2)(b) certifies that the 01-18-23 3:35 PM H.B. 235
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59person travels in a vehicle equipped with a wheelchair lift or a vehicle carrying the person's
60walking-assistive device or wheelchair and requires a van accessible parking space.
61 (3) (a) The person with a disability shall ensure that the initial application contains the
62certification of a physician, physician assistant, or nurse practitioner that:
63 (i) the applicant meets the definition of a person with a disability that limits or impairs
64the ability to walk as defined in the federal Uniform System for Parking for Persons with
65Disabilities, 23 C.F.R. Ch. II, Subch. B, Pt. 1235.2 (1991);
66 (ii) if the person is applying for a temporary wheelchair user placard or a wheelchair
67user placard, the applicant has a walking disability; and
68 (iii) specifies the period of time that the physician, physician assistant, or nurse
69practitioner determines the applicant will have the disability, not to exceed six months in the
70case of a temporary disability or a temporary walking disability.
71 (b) The division shall issue a disability special group license plate, a removable
72windshield placard, or a wheelchair user placard, as applicable, to a person with a permanent
73disability.
74 (c) The issuance of a person with a disability special group license plate does not
75preclude the issuance to the same applicant of a removable windshield placard or wheelchair
76user placard.
77 (d) (i) On request of an applicant with a disability special group license plate, a
78temporary removable windshield placard, or a removable windshield placard, the division shall
79issue one additional placard.
80 (ii) On request of a qualified applicant with a disability special group license plate, the
81division shall issue up to two temporary wheelchair user placards or two wheelchair user
82placards.
83 (iii) On request of a qualified applicant with a temporary wheelchair user placard or a
84wheelchair user placard, the division shall issue one additional placard.
85 (e) The division shall ensure that a temporary wheelchair user placard and a wheelchair
86user placard have the following visible features:
87 (i) a large "W" next to the internationally recognized disabled persons symbol; and
88 (ii) the words "Wheelchair User" printed on a portion of the placard.
89 (f) The division shall ensure that an adhesive warning label is affixed to the back of a H.B. 235 01-18-23 3:35 PM
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90wheelchair user placard and a temporary wheelchair user placard that states: "Under state law, a
91disability placard may only be used by, or for the transportation of, the person to whom the
92disability placard is issued. A person who misuses another person's disability placard for
93parking privileges is guilty of a class C misdemeanor."
94 [(f)] (g) A disability special group license plate, temporary removable windshield
95placard, or removable windshield placard may be used to allow one motorcycle to share a
96parking space reserved for persons with a disability if:
97 (i) the person with a disability:
98 (A) is using a motorcycle; and
99 (B) displays on the motorcycle a disability special group license plate, temporary
100removable windshield placard, or a removable windshield placard;
101 (ii) the person who shares the parking space assists the person with a disability with the
102parking accommodation; and
103 (iii) the parking space is sufficient size to accommodate both motorcycles without
104interfering with other parking spaces or traffic movement.
105 (4) (a) When a vehicle is parked in a parking space reserved for persons with
106disabilities, a temporary removable windshield placard, a removable windshield placard, a
107temporary wheelchair user placard, or a wheelchair user placard shall be displayed so that the
108placard is visible from the front of the vehicle.
109 (b) If a motorcycle is being used, the temporary removable windshield placard or
110removable windshield placard shall be displayed in plain sight on or near the handle bars of the
111motorcycle.
112 (5) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
113Administrative Rulemaking Act, to:
114 (a) establish qualifying criteria for persons to receive, renew, or surrender a disability
115special group license plate, a temporary removable windshield placard, a removable windshield
116placard, a temporary wheelchair user placard, or a wheelchair user placard in accordance with
117this section;
118 (b) establish the maximum number of numerals or characters for a disability special
119group license plate;
120 (c) require all temporary removable windshield placards, removable windshield 01-18-23 3:35 PM H.B. 235
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121placards, temporary wheelchair user placards, and wheelchair user placards to include:
122 (i) an identification number;
123 (ii) an expiration date not to exceed:
124 (A) six months for a temporary removable windshield placard; and
125 (B) two years for a removable windshield placard; and
126 (iii) the seal or other identifying mark of the division[.]; and
127 (d) establish standards for the warning label described in Subsection (3)(f).
128 (6) The commission shall insert the following on motor vehicle registration certificates:
129 "State law prohibits persons who do not lawfully possess a disability placard or
130disability special group license plate from parking in an accessible parking space designated for
131persons with disabilities. Persons who possess a disability placard or disability special group
132license plate are discouraged from parking in an accessible parking space designated as van
133accessible unless they have a temporary wheelchair user placard or a wheelchair user placard."
134 Section 2. Effective date.
135 This bill takes effect on July 1, 2024.