Utah 2023 Regular Session

Utah House Bill HB0235 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 235
	1	+	2nd Sub. H.B. 235
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: G. Harb 6
	4	+	6 02-22-23 5:18 PM 6
	5	+	H.B. 235
	6	+	2nd Sub. (Gray)
	7	+	Representative Jeffrey D. Stenquist proposes the following substitute bill:
2	8		1 ACCESSIBLE PARKING SPACES AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Jeffrey D. Stenquist
6	12		5 Senate Sponsor: Wayne A. Harper
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill addresses parking privileges for persons with disabilities.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <requires the Motor Vehicle Division to include a statement on removable
14	20		13windshield placards describing certain prohibitions;
15	21		14 <requires the State Tax Commission to establish standards for the statement in rule;
16	22		15and
17	23		16 <makes technical changes.
18	24		17Money Appropriated in this Bill:
19	25		18 None
20	26		19Other Special Clauses:
21	27		20 This bill provides a special effective date.
22	28		21Utah Code Sections Affected:
23	29		22AMENDS:
24	30		23 41-1a-420, as last amended by Laws of Utah 2019, Chapter 349
25	31		24
26	32		25Be it enacted by the Legislature of the state of Utah:
	33	+	HB0235S02 2nd Sub. (Gray) H.B. 235 02-22-23 5:18 PM
	34	+	- 2 -
27	35		26 Section 1. Section 41-1a-420 is amended to read:
28	36		27 41-1a-420. Disability special group license plates -- Application and qualifications
29		-	28-- Rulemaking. H.B. 235
30		-	Enrolled Copy
31		-	- 2 -
	37	+	28-- Rulemaking.
32	38		29 (1) As used in this section:
33	39		30 (a) "Advanced practice registered nurse" means a person licensed to practice as an
34	40		31advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act.
35	41		32 (b) "Nurse practitioner" means an advanced practice registered nurse specializing as a
36	42		33nurse practitioner.
37	43		34 (c) "Physician" means a person licensed to practice as a physician or osteopath in this
38	44		35state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
39	45		36Osteopathic Medical Practice Act.
40	46		37 (d) "Physician assistant" means an individual licensed to practice as a physician
41	47		38assistant in the state under Title 58, Chapter 70a, Utah Physician Assistant Act.
42	48		39 (e) "Temporary wheelchair user placard" means a removable windshield placard that is
43	49		40issued to a qualifying person, as provided in this section, who has a walking disability that is
44	50		41not permanent.
45	51		42 (f) "Walking disability" means a physical disability that requires the use of a
46	52		43walking-assistive device or wheelchair or similar low-powered motorized or mechanically
47	53		44propelled vehicle that is designed to specifically assist a person who has a limited or impaired
48	54		45ability to walk.
49	55		46 (g) "Wheelchair user placard" means a removable windshield placard that is issued to a
50	56		47qualifying person, as provided in this section, who has a walking disability.
51	57		48 (2) (a) The division shall issue a disability special group license plate, a temporary
52	58		49removable windshield placard, or a removable windshield placard to an applicant who is either:
53	59		50 (i) a qualifying person with a disability; or
54	60		51 (ii) the registered owner of a vehicle that an organization uses primarily for the
55	61		52transportation of persons with disabilities that limit or impair the ability to walk.
56	62		53 (b) The division shall issue a temporary wheelchair user placard or a wheelchair user
57	63		54placard to an applicant who is either:
58		-	55 (i) a qualifying person with a walking disability; or Enrolled Copy H.B. 235
	64	+	55 (i) a qualifying person with a walking disability; or
	65	+	56 (ii) the registered owner of a vehicle that an organization uses primarily for the 02-22-23 5:18 PM 2nd Sub. (Gray) H.B. 235
59	66		- 3 -
60		-	56 (ii) the registered owner of a vehicle that an organization uses primarily for the
61	67		57transportation of persons with walking disabilities.
62	68		58 (c) The division shall require that an applicant under Subsection (2)(b) certifies that the
63	69		59person travels in a vehicle equipped with a wheelchair lift or a vehicle carrying the person's
64	70		60walking-assistive device or wheelchair and requires a van accessible parking space.
65	71		61 (3) (a) The person with a disability shall ensure that the initial application contains the
66	72		62certification of a physician, physician assistant, or nurse practitioner that:
67	73		63 (i) the applicant meets the definition of a person with a disability that limits or impairs
68	74		64the ability to walk as defined in the federal Uniform System for Parking for Persons with
69	75		65Disabilities, 23 C.F.R. Ch. II, Subch. B, Pt. 1235.2 (1991);
70	76		66 (ii) if the person is applying for a temporary wheelchair user placard or a wheelchair
71	77		67user placard, the applicant has a walking disability; and
72	78		68 (iii) specifies the period of time that the physician, physician assistant, or nurse
73	79		69practitioner determines the applicant will have the disability, not to exceed six months in the
74	80		70case of a temporary disability or a temporary walking disability.
75	81		71 (b) The division shall issue a disability special group license plate, a removable
76	82		72windshield placard, or a wheelchair user placard, as applicable, to a person with a permanent
77	83		73disability.
78	84		74 (c) The issuance of a person with a disability special group license plate does not
79	85		75preclude the issuance to the same applicant of a removable windshield placard or wheelchair
80	86		76user placard.
81	87		77 (d) (i) On request of an applicant with a disability special group license plate, a
82	88		78temporary removable windshield placard, or a removable windshield placard, the division shall
83	89		79issue one additional placard.
84	90		80 (ii) On request of a qualified applicant with a disability special group license plate, the
85	91		81division shall issue up to two temporary wheelchair user placards or two wheelchair user
86		-	82placards. H.B. 235
87		-	Enrolled Copy
88		-	- 4 -
	92	+	82placards.
89	93		83 (iii) On request of a qualified applicant with a temporary wheelchair user placard or a
90	94		84wheelchair user placard, the division shall issue one additional placard.
91	95		85 (e) The division shall ensure that a temporary wheelchair user placard and a wheelchair
92	96		86user placard have the following visible features:
93		-	87 (i) a large "W" next to the internationally recognized disabled persons symbol; and
	97	+	87 (i) a large "W" next to the internationally recognized disabled persons symbol; and 2nd Sub. (Gray) H.B. 235 02-22-23 5:18 PM
	98	+	- 4 -
94	99		88 (ii) the words "Wheelchair User" printed on a portion of the placard.
95	100		89 (f) The division shall ensure that the following statement is included on a removable
96	101		90windshield placard issued on or after January 1, 2024: "Under state law, a disability placard
97	102		91may only be used by, or for the transportation of, the person to whom the disability placard is
98	103		92issued. A person who misuses another person's disability placard for parking privileges is guilty
99	104		93of a class C misdemeanor."
100	105		94 [(f)] (g) A disability special group license plate, temporary removable windshield
101	106		95placard, or removable windshield placard may be used to allow one motorcycle to share a
102	107		96parking space reserved for persons with a disability if:
103	108		97 (i) the person with a disability:
104	109		98 (A) is using a motorcycle; and
105	110		99 (B) displays on the motorcycle a disability special group license plate, temporary
106	111		100removable windshield placard, or a removable windshield placard;
107	112		101 (ii) the person who shares the parking space assists the person with a disability with the
108	113		102parking accommodation; and
109	114		103 (iii) the parking space is sufficient size to accommodate both motorcycles without
110	115		104interfering with other parking spaces or traffic movement.
111	116		105 (4) (a) When a vehicle is parked in a parking space reserved for persons with
112	117		106disabilities, a temporary removable windshield placard, a removable windshield placard, a
113	118		107temporary wheelchair user placard, or a wheelchair user placard shall be displayed so that the
114	119		108placard is visible from the front of the vehicle.
115		-	109 (b) If a motorcycle is being used, the temporary removable windshield placard or Enrolled Copy H.B. 235
116		-	- 5 -
	120	+	109 (b) If a motorcycle is being used, the temporary removable windshield placard or
117	121		110removable windshield placard shall be displayed in plain sight on or near the handle bars of the
118	122		111motorcycle.
119	123		112 (5) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
120	124		113Administrative Rulemaking Act, to:
121	125		114 (a) establish qualifying criteria for persons to receive, renew, or surrender a disability
122	126		115special group license plate, a temporary removable windshield placard, a removable windshield
123	127		116placard, a temporary wheelchair user placard, or a wheelchair user placard in accordance with
124	128		117this section;
125		-	118 (b) establish the maximum number of numerals or characters for a disability special
	129	+	118 (b) establish the maximum number of numerals or characters for a disability special 02-22-23 5:18 PM 2nd Sub. (Gray) H.B. 235
	130	+	- 5 -
126	131		119group license plate;
127	132		120 (c) require all temporary removable windshield placards, removable windshield
128	133		121placards, temporary wheelchair user placards, and wheelchair user placards to include:
129	134		122 (i) an identification number;
130	135		123 (ii) an expiration date not to exceed:
131	136		124 (A) six months for a temporary removable windshield placard; and
132	137		125 (B) two years for a removable windshield placard; and
133	138		126 (iii) the seal or other identifying mark of the division[.]; and
134	139		127 (d) establish standards for the statement required in Subsection (3)(f).
135	140		128 (6) The commission shall insert the following on motor vehicle registration certificates:
136	141		129 "State law prohibits persons who do not lawfully possess a disability placard or
137	142		130disability special group license plate from parking in an accessible parking space designated for
138	143		131persons with disabilities. Persons who possess a disability placard or disability special group
139	144		132license plate are discouraged from parking in an accessible parking space designated as van
140	145		133accessible unless they have a temporary wheelchair user placard or a wheelchair user placard."
141	146		134 Section 2. Effective date.
142	147		135 This bill takes effect on January 1, 2024.