Revision: March 8, 2016, midnight
\t \t\tSB 471-FN - AS INTRODUCED
2016 SESSION
\t16-2699
\t03/01
SENATE BILL\t471-FN
AN ACT\trelative to parking for persons with disabilities.
SPONSORS:\tSen. Stiles, Dist 24; Sen. Carson, Dist 14; Sen. Woodburn, Dist 1; Sen. D'Allesandro, Dist 20; Sen. Feltes, Dist 15; Rep. Steven Smith, Sull. 11; Rep. Cheney, Straf. 17; Rep. Sherman, Rock. 24; Rep. S. Schmidt, Carr. 6; Rep. Pantelakos, Rock. 25; Rep. Sykes, Graf. 13
COMMITTEE:\tTransportation
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ANALYSIS
\tThis bill modifies requirements for walking disability placards and for parking for persons with disabilities. This bill also establishes an additional fine payable to the city or town for violations of parking restrictions.
\tThis bill was requested by the committee to study issues concerning parking for those with walking disabilities established in 2015, 155.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2699
\t03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to parking for persons with disabilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Access Aisle. Amend RSA 259:1-b to read as follows:
\t259:1-b Access Aisle. "Access aisle'' shall mean a designated space for maneuvering a wheelchair or other mobility device when entering or exiting a vehicle, and that is immediately adjacent to a properly designated parking space for persons with a walking disability, whether on public or private property. Access aisles shall be designated as "no parking" areas or otherwise marked so as to discourage parking in them.
\t2 Walking Disability Plates and Placards. Amend RSA 261:88, V-VI to read as follows:
\t\tV. Upon application and payment of a $5 fee to cover the costs of printing and mailing, the department shall furnish a hanging windshield placard [without charge] to a person with a walking disability who satisfactorily furnishes proof of such disability to the director. Any nonprofit agency serving a person with a walking disability may apply to the department for a hanging windshield placard. An applicant for such placard shall furnish the director with satisfactory proof, as the director may require, that the applicant will use the placard solely for the transportation of a person with a walking disability. The quantity of placards issued under this paragraph shall be at the discretion of the director. This placard shall meet the standards set forth in 23 C.F.R. part 1235, appendix A. The removable windshield placard shall be displayed in such a manner that it may be viewed from the front and rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, the placard shall be displayed on the dashboard. A request from any nonprofit agency for a placard shall be approved by the administrator of the nonprofit agency and any other application for such a placard shall be accompanied by the certification of a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse that the applicant has a walking disability as defined in paragraph I. The placard shall expire on the date when the applicant's driver's license or nondriver's identification card expires or 5 years from the date of placard issuance in the case where no New Hampshire driver's license or nondriver's identification card exists and the expiration date shall be noted on the placard or on a sticker affixed to the placard. The placard shall be renewed, upon application on forms provided by the director, if the director determines that the disability which necessitated the issuance of the placard continues or if the person is a veteran who has been evaluated by the United States Department of Veterans Affairs to be permanently and totally disabled from a service-connected disability. Upon request of the applicant and payment of a $5 fee to cover the costs of printing and mailing, the director shall issue one additional placard to the applicant if the applicant does not have special license plates.
\t\tVI. Upon the application of a person with a temporary walking disability and payment of a $5 fee to cover the costs of printing and mailing, the director shall issue a temporary removable windshield placard. The placard shall comply with the standards set forth in 23 C.F.R. part 1235, appendix B. The temporary removable windshield placard shall be displayed in such a manner that it may be viewed from the front and the rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, the placard shall be displayed on the dashboard. Upon request and payment of a $5 fee to cover the costs of printing and mailing, the director shall issue one additional temporary removable windshield placard to applicants. Application for a temporary removable windshield placard shall be accompanied by the certification of a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse that the applicant has a walking disability as defined in paragraph I. The certification shall also include the period of time that the physician, physician assistant, podiatrist, or advanced practice registered nurse determines the applicant will have the disability, which period of time shall not exceed 6 months. The expiration date of the temporary placard shall be noted on the placard.
\t3 Parking Prohibitions. Amend RSA 265:69, I(j) to read as follows:
\t\t\t(j) In any parking place, whether on public or private property, specially designated for a person with a walking disability by means of a sign as required by RSA 265:73-a stating that the space is reserved for a person with a walking disability or displaying the international accessibility symbol, unless that person has a special plate or placard issued or recognized pursuant to RSA 261:86 or RSA 261:88, and the person who qualifies for the plate or placard is being transported to or from the parking place. Notwithstanding the provisions of title LXII or any other provision of law, a person who violates the provisions of this subparagraph shall be fined a minimum of $250 plus an additional $50 payable to the town or city where the violation occurred;
\t4 Parking Signs. Amend RSA 265:73-a to read as follows:
\t265:73-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. At least one parking space shall be designated as a van-accessible space, and one out of every 5 accessible parking spaces shall be designated as a van-accessible space. Failure to comply with the sign placement requirements of this section shall subject the property owner to a $250 fine, provided that the owner shall not be fined more than once in any 120-day period for the same violation.
\t5 Parking Violations. Amend RSA 265:74 to read as follows:
\t265:74 Parking Privileges for Persons With Walking Disability. Any motor vehicle carrying the special plates or hanging windshield placard issued to a person with a walking disability under RSA 261:88, or a similar license plate displaying the international accessibility symbol shall be allowed free parking in any city or town, including any state or municipal parking facility where a fee is charged. Each city or town shall have the discretion to set the time periods using guidelines which shall be provided by the governor's commission on disability. The free parking shall only be allowed if the person who qualifies for the special plates or hanging placard is being transported in the vehicle to or from the parking place. Parking places designated for persons with walking disabilities shall be utilized only if a person with a walking disability is being transported in the vehicle to or from the parking place. Notwithstanding the provisions of any local ordinance which has been adopted to regulate parking in places designated for persons with walking disabilities, any person who is convicted under this section shall be guilty of a violation and fined $250 plus penalty assessment plus an additional $50 payable to the town or city where the violation occurred.
\t6 Effective Date. This act shall take effect January 1, 2017.
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\t\t\t\t\t\t\t\t\t\t\t1/5/16
SB 471-FN- FISCAL NOTE
AN ACT\trelative to parking for persons with disabilities.
FISCAL IMPACT:
The Department of Safety, New Hampshire Municipal Association, Department of Administrative Services, and Office of Legislative Budget Assistant state this bill, as introduced, will increase state expenditures by approximately $74,000 in FY 2017, will increase state revenue by approximately $81,000 in FY 2017 and by $162,000 in FY 2018 and each year thereafter, will increase local revenue by an indeterminable amount in FY 2017 and each year thereafter, and may increase county and local expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to county revenue.
METHODOLOGY:
The Department of Safety states this bill modifies requirements for walking disability placards for person with disabilities. This bill establishes a $5 fee to be paid to the Department for all new and renewal handicap placards, temporary and permanent. Permanent placards are renewed every five years. The Department estimates the $5 fee on permanent and temporary placards will generate the following revenue:
Estimated Fee Revenue | ||||
| FY 2017* | FY 2018 | FY 2019 | FY 2020 |
# of Permanent Placards Issued | 14,729 | 29,457 | 29,457 | 29,457 |
# of Temporary Placards Issued | 1,500 | 3,000 | 3,000 | 3,000 |
Fee Rate | $5 | $5 | $5 | $5 |
Total | $81,143 | $162,285 | $162,285 | $162,285 |
Note: * The effective date of this bill is January 1, 2017. Therefore, estimates in FY 2017 are based on half of the fiscal year. | ||||
This bill establishes an additional $50 fine per parking violation payable to the municipality for violations of parking restrictions. Currently, these types of violations are not uniquely coded. Consequently, the Department of Safety cannot estimate the number of such parking violations nor the amount of additional revenue that will be generated for municipalities. To make the necessary programming changes to the VISION and MAAP systems, the Department estimates it will cost approximately $59,000.
The New Hampshire Municipal Association states this bill requires at least one out of every five disabled-accessible parking spaces on public or private property be designated as a "van-accessible space" which is not defined in the bill. Therefore, it is unclear to the Association as to whether municipalities would need to make physical changes to their parking spaces. To the extent changes are necessary, local expenditures may increase. To the extent individuals illegally park in disabled-accessible parking spaces and pay the $50 fine, local revenue will increase.
The Department of Administrative Services oversees approximately 75 state owned and leased parking lots. To comply with the new requirements included in this bill, the Department assumes the cost to install a new no parking sign and/or restripe a parking spot to be an average cost of $200 per parking spot. Assuming one parking spot will need to be modified at each of the 75 parking lots, the Department estimates the cost to be approximately $15,000 (75 * $200). The Department states modifications to 5 of the 75 parking lots would be paid for with general funds and the remaining 70 parking lots would be paid for with other funds. The Department is unable to estimate the fiscal impact to towns and communities.
The Office of Legislative Budget Assistant states that to the extent counties have to modify their parking lots to comply with the requirements included in this bill, county expenditures will increase.