Revision: Feb. 24, 2017, 11:37 a.m.
HB 648-FN - AS INTRODUCED
2017 SESSION
17-0044
03/09
HOUSE BILL 648-FN
AN ACT relative to van parking for persons with disabilities.
SPONSORS: Rep. O'Brien, Hills. 36
COMMITTEE: Transportation
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This bill establishes requirements for van-only parking spaces for persons with disabilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0044
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to van parking for persons with disabilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parking Prohibitions. Amend RSA 265:69, I(m) to read as follows:
(m) In or overlapping into any access aisle. 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 $50 for a first offense and a minimum of $100 for each subsequent offense;
(n) In any parking place, whether on public or private property, specially designated as a "van-only" space under RSA 265:73-a, II, unless the vehicle being stopped or parked is a van, as defined in this subparagraph, the 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 in the van. In this subparagraph, "van" means any accessible vehicle with a lift or ramp deployed from the side, rear, or roof of the vehicle for use by a person with a walking disability. A person who violates the provisions of this subparagraph shall be fined a minimum of $250 of which 20 percent is payable to the town or city where the violation occurred.
2 Parking Signs. Amend RSA 265:73-a to read as follows:
265:73-a Parking Signs; Disabled.
I. 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. Van-accessible spaces shall be allocated according to the requirements of the Americans with Disabilities Act of 1990 and regulations and guidelines promulgated pursuant thereto. [One "van only'' spot for every 5 spaces which are reserved for persons who are disabled is recommended.] Failure to comply with the sign placement requirements of this [section] paragraph 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.
II. A parking lot or parking structure shall have spaces designated as "van-only" spaces as provided in paragraph III, which shall be in addition to the van-accessible spaces required by paragraph I. "Van-only" spaces shall meet the design standards for van-accessible spaces in guidelines promulgated pursuant to the Americans with Disabilities Act of 1990. "Van-only" spaces shall be marked by signs that include the international symbol of accessibility and are distinguishable from signs marking van-accessible spaces.
III. Van-only spaces shall be allocated as follows:
(a) One van-only parking space for every parking lot or parking structure with a total number of 151 to 200 parking spaces.
(b) Two van-only parking spaces for every parking lot or parking structure with a total number of 201 to 300 parking spaces.
(c) Three van-only parking spaces for every parking lot or parking structure with a total number of 301 to 400 parking spaces.
(d) Four van-only parking spaces for every parking lot or parking structure with a total number of 401 to 500 parking spaces.
(e) Five van-only parking spaces for every parking lot or parking structure with a total number of 501 and over parking spaces.
IV.(a) A business or state or local government agency that is required to provide van-only parking spaces in its parking lot or parking structure as set forth in paragraphs II and III and that fails to do so shall be subject to the provisions of this paragraph.
(b) Any person with a walking disability who is adversely affected by the failure of a business or state or local government agency to provide van-only parking spaces in its parking lot or parking structure, as set forth in paragraphs II and III, shall have standing to pursue an action in superior court against the responsible business or state or local government agency pursuant to the procedures set forth in this paragraph.
(c) If the agency serving as the protection and advocacy system for New Hampshire, pursuant to 42 U.S.C. section 15043, reasonably believes that a business or state or local government agency may be failing to provide van-only parking spaces in a parking lot or parking structure as set forth in paragraphs II and III, the agency serving as the protection and advocacy system for New Hampshire, pursuant to 42 U.S.C. section 15043, shall have organizational standing to pursue an action in superior court against the responsible business or state or local government agency, pursuant to the procedures set forth in this paragraph.
(d) Any person or entity whose standing to commence an action arises under this paragraph may commence such an action only if the following conditions have been satisfied:
(1) The person or entity shall provide written notice to the responsible business or state or local government agency specifically identifying any alleged failures to comply with paragraphs II and III and requesting that the parking lot or parking structure be brought into compliance.
(2) The responsible business or state or local government agency shall have 30 days, commencing on the date of the notice, to respond in writing to the notice. The responsible business or state or local government agency shall have 270 days, commencing on the date of the notice, to comply with paragraphs II and III.
(3) A party who otherwise has standing to pursue an action under this paragraph may commence such an action only if one or more of the following occurs: either the responsible business or state or local government agency fails to respond in writing to the notice within 30 days; the responsible business or state or local government agency fails to agree in writing to remedy all of the alleged failures to comply with paragraphs II and III; or the responsible business or state or local government agency fails to actually remediate all of the alleged failures to comply with paragraphs II and III within 270 days of the date of the notice.
(e) If in an action commenced pursuant to the procedures set forth in this paragraph the superior court determines that a business or state or local government agency has failed to provide van-only parking spaces in its parking lot or parking structure, as set forth in paragraphs II and III, the superior court shall order that the responsible party satisfy the requirements set forth in paragraphs II and III.
(f) A plaintiff who prevails in an action commenced pursuant to the procedures set forth in this paragraph shall be entitled to recover costs and reasonable attorneys' fees. For purposes of this paragraph, a plaintiff prevails if the plaintiff either receives an enforceable judgment on the merits or the parties enter into a consent decree or similar agreement.
(g) A defendant who prevails in an action commenced pursuant to the procedures set forth in this paragraph shall be entitled to recover costs and reasonable attorneys' fees if the court determines that the action was frivolous when commenced.
(h) The provisions of this paragraph shall apply to any parking lot or structure constructed, reconstructed, or re-striped after the effective date of this paragraph.
3 Effective Date. This act shall take effect 60 days after its passage.
17-0044
Revised 2/24/17
HB 648-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to van parking for persons with disabilities.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - Plea-By-Mail Revenue | |||
LOCAL: |
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Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
The Judicial Branch was originally contacted on January 4, 2017, with followup on January 18, 2017 for a fiscal note worksheet, which has not been provided as of February 24, 2017.
METHODOLOGY:
This bill establishes requirements for "van-only" parking space requirements for persons with disabilities, as well as standing for individuals who may be adversely affected by a business or state or local government's failure to comply with the requirements to pursue an action in Superior Court.
The Department of Administrative Services oversees approximately 75 parking lots for state-owned or leased facilities, not including facilities owned by other state agencies across New Hampshire. The Department estimates these 75 parking lots would require van only parking signs at $50 per sign for a total cost of $1,250 (25 signs) in FY 2018, $1,000 (20 signs) in FY 2019, $750 (15 signs) in FY 2020, and $750 (15 signs) in FY 2021. There would be no additional cost to restripe parking lots as this would be done during regular maintenance. The "van only" parking space requirements for state and local governments may result in an indeterminable increase overall in both state and local expenditures to comply.
While no information has been provided by the Judicial Branch, to the extent this bill may result in additional cases at the Superior Court level, state expenditures may increase by an indeterminable amount.
AGENCIES CONTACTED:
Department of Administrative Services, Department of Safety, Judicial Branch, and New Hampshire Municipal Association