HB 564-FN – AS AMENDED BY THE HOUSE
18Feb2009… 0278h
2009 SESSION
08/03
HOUSE BILL 564-FN
AN ACT relative to wheelchair van accessible parking spaces.
SPONSORS: Rep. M. O'Brien, Hills 26; Rep. R. Williams, Merr 11; Rep. Nedeau, Belk 3; Rep. Rhodes, Hills 22; Rep. T. Soucy, Hills 25
COMMITTEE: Commerce and Consumer Affairs
This bill requires new construction to designate certain areas as van accessible parking and ramp/lift equipped van only parking.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18Feb2009… 0278h
09-0437
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to wheelchair van accessible parking spaces.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; Accessible Parking. Amend RSA 155-A by inserting after section 5 the following new sections:
155-A:5-a Handicap Accessible, Van Accessible, and Ramp/Lift Equipped Van Only Parking Spaces.
I. Any new construction containing a parking area or parking areas commenced after January 1, 2010 shall have the following number of handicap accessible, van accessible, and ramp/lift equipped van only parking spaces reserved for individuals with walking disabilities:
(a) If there are 25 or less total parking spaces, there shall be one handicap accessible parking space which must be van accessible.
(b) If there are between 25 and 50 parking spaces, there shall be 2 handicap accessible parking spaces one of which must be van accessible.
(c) If there are between 51 and 75 parking spaces, there shall be one van accessible parking space, one ramp/lift equipped van only parking space, and 2 handicap accessible parking spaces.
(d) If there are between 76 and 100 parking spaces, there shall be one van accessible parking space, one ramp/lift equipped van only parking space, and 3 handicap accessible parking spaces.
(e) If there are between 101 and 150 parking spaces, there shall be one van accessible parking space, one ramp/lift equipped van only parking space, and 4 handicap accessible parking spaces.
(f) If there are between 151 and 200 parking spaces, there shall be one van accessible parking space, one ramp/lift equipped van only parking space, and 5 handicap accessible parking spaces.
(g) If there are between 201 and 300 parking spaces, there shall be one van accessible parking space, 2 ramp/lift equipped van only spaces and 5 handicap accessible parking spaces.
(h) If there are between 301 and 400 parking spaces, there shall be one van accessible parking space, 2 ramp/lift equipped van only parking spaces, and 6 handicap accessible parking spaces.
(i) If there are between 401 and 500 parking spaces, there shall be one van accessible parking space, 2 ramp/lift equipped van only parking spaces, and 7 handicap accessible parking spaces.
(j) If there are between 501 and 1,000 total parking spaces, there shall be 2 van ramp/lift equipped only parking spaces and a number of handicap accessible parking spaces equal to 2 percent of the total number of parking spaces.
(k) If there are over 1,000 parking spaces, there shall be 2 ramp/lift equipped van only parking spaces, 20 handicap accessible parking spaces, plus 1 handicap accessible parking space for every 100 parking spaces there are over 1,000 parking spaces.
II. Property owners with an existing parking area or parking areas shall conform to the standards in paragraph I when the existing parking area or parking areas are repaved, resurfaced, repainted, or otherwise reconstituted.
III. A person who violates the provisions of this section shall be fined up to $50 for a first offense and up to $100 for each subsequent offense.
IV. In this section, “ramp/life equipped van” shall be as defined in RSA 259:83-a.
2 New Section; Ramp/lift Equipped Vehicle Defined . Amend RSA 259 by inserting after section 83 the following new section:
259:83-a Ramp/lift equipped Van. “Ramp/lift equipped van” as used in RSA 155-A:5 and RSA 265:73-a means: a minivan, full-size van, or extended full-size van that has been modified with specialized equipment to permit safe ingress and egress through the side of the vehicle using wheeled assistance technology devices for the mobility impaired (including wheelchairs, power chairs, and scooters). Such specialized equipment refers to electrically operated articulating lifts or ramps.
3 Signage; Van Accessible Spaces. Amend RSA 265:73-a to read as follows:
265:73-a Parking Signs; Disabled. A parking space on private or public property that is reserved for persons who are disabled shall be marked by a sign affixed to a post or a building. Said sign shall be clearly visible to anyone directly approaching that particular space. Spaces designated for ramp/lift equipped vans only and for van accessible parking shall be marked by a sign affixed to a post or building with the words “RAMP/LIFT VAN ACCESSIBLE PARKING” or “RAMP/LIFT VANS ONLY” in large letters.
4 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0437
Amended 02/23/09
HB 564 FISCAL NOTE
AN ACT relative to wheelchair van accessible parking spaces.
FISCAL IMPACT:
The New Hampshire Municipal Association states this bill, as amended by the House (Amendment #2009-0278h), may increase local expenditures by an indeterminable amount in FY 2010 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue, or county and state expenditures.
METHODOLOGY:
The New Hampshire Municipal Association states this bill requires new construction to designate certain areas as handicap van-only parking and prohibits parking in spaces so designated by any vehicle other than a handicap van. The bill also requires additional accessible parking spaces and van-only designations in existing lots when they undergo repaving, resurfacing, repainting or other reconstruction. Current federal law requires one van-accessible parking space be made available in self parking lots sized from 25 to 400 spaces. For lots containing between 401 and 500 spaces, two van-accessible spaces are required; for lots between 501 and 1,000 spaces, one of every eight accessible parking spaces must be designated as van-accessible; and for lots greater than 1,000 spaces, one for every 100 accessible parking spaces must be designated as van-accessible. The Association states in no instance, does federal law require accessible spaces to be restricted to van parking only, regardless of the number required. Further, in every case, except lots containing 50 spaces or less, this bill exceeds the number of accessible spaces required by federal law by at least one. The Association states New Hampshire municipalities already comply with existing federal accessibility requirements, and the costs to add accessible parking spaces beyond what is required by federal law is indeterminable at this time.
The Departments of Administrative Services and Safety state this bill will have no fiscal impact on their Departments.