Bill Text: NJ A2947 | 2012-2013 | Regular Session | Chaptered
Bill Title: Makes various revisions to laws concerning disabled person identification cards and placards related to parking privileges.*
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2013-01-14 - Approved P.L.2013, c.3. [A2947 Detail]
Download: New_Jersey-2012-A2947-Chaptered.html
§11 - Note
P.L.2013, CHAPTER 3, approved January 14, 2013
Assembly Committee Substitute (First Reprint) for
Assembly, No. 2947
An Act concerning 1[certain disabled person]1 identification cards and placards 1issued to certain persons with a disability1 and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1949, c.280 (C.39:4-204) is amended to read as follows:
1. The term ["handicapped] 1["disabled person"] "person with a disability"1 as employed herein shall include any person who has lost the use of one or more limbs as a consequence of paralysis, amputation, or other permanent disability or who 1[is permanently disabled] has a permanent disability1 as to be unable to ambulate without the aid of an assisting device or whose mobility is otherwise limited as certified by a physician with a plenary license to practice medicine and surgery in this State or a bordering State; a podiatrist licensed to practice in this State or a bordering state; a physician stationed at a military or naval installation located in this State who is licensed to practice in any state; [or,] a chiropractic physician licensed to practice in this State or a bordering state ; a physician assistant licensed to practice in this State or a bordering state; or a nurse practitioner licensed to practice in this State or a bordering state.
(cf: P.L.1999, c.326, s.1)
2. Section 2 of P.L.1949, c.280 (C.39:4-205) is amended to read as follows:
2. The [Director] Chief Administrator of the [Division of Motor Vehicles in the Department of Law and Public Safety] New Jersey Motor Vehicle Commission shall issue, at the expense of the State of New Jersey, [handicapped] 1[disabled]1 person 1with a disability1 identification cards upon the application of qualifying [handicapped] 1[disabled]1 persons 1with disabilities1, as heretofore defined, and after due investigation of the qualifying status of each applicant. Said card shall, amongst other things, identify the [handicapped] 1[disabled]1 persons 1with disabilities1 and the registration number of the vehicle for which any wheelchair symbol license plates have been issued under the provisions of section 3 of [this act] P.L.1949, c.280 (C.39:4-206) and shall state that he is a [handicapped] 1[disabled]1 person 1with a disability1 validly qualified hereunder to receive such card, that said card is for the exclusive use of the person to whom it has been duly issued, is nontransferable and will be forfeited if presented by any other person, and that any abuse of any privilege, benefit, precedence or consideration granted to any person to whom such card may be issued will be sufficient cause for revocation of said card, corresponding windshield placard and wheelchair symbol license plates, and the same may be forfeited or revoked accordingly, and in the absence of any such forfeiture or revocation said card shall be valid [indefinitely] until the last day of the 36th calendar month following the calendar month in which that card was issued.
Every application for the issuance or renewal of a 1[disabled]1 person 1with a disability1 identification card shall contain a statement signed by a physician, podiatrist, chiropractic physician, physician assistant, or nurse practitioner licensed to practice in this State or a bordering state or a physician stationed at a military or naval installation located in this State who is licensed to practice in any state, certifying that the applicant's stated disability qualifies the applicant to meet the definition of 1["disabled person"] "person with a disability"1 pursuant to section 1 of P.L.1949, c.280 (C.39:4-204). In order to be approved, the application for a 1[disabled]1 person 1with a disability1 identification card shall be submitted to the commission not more than 60 days following the date upon which a physician, podiatrist, chiropractic physician, physician assistant, or nurse practitioner certifies that the applicant meets the definition of 1["disabled person"] "person with a disability"1 pursuant to section 1 of P.L.1949, c.280 (C.39:4-204). The application shall also include any additional information pertinent to the certification which the chief administrator, in the chief administrator's discretion, may require, including, but not limited to, the National Provider Identifier or state-issued licensing number of the physician, podiatrist, chiropractic physician, physician assistant, or nurse practitioner who certifies the applicant's eligibility for a 1[disabled]1 person 1with a disability1 identification card.
(cf: P.L.1981, c.36, s.2)
3. Section 3 of P.L.1949, c.280 (C.39:4-206) is amended to read as follows:
3. The [director] chief administrator shall issue to such applicant, also, a placard of such size and design as shall be determined by the [director] chief administrator in consultation with the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development and the [Office] Division of Disability Services in the Department of Human Services, indicating that a [handicapped] 1[disabled]1 person 1with a disability1 identification card has been issued to the person designated therein, which shall be displayed in such manner as the [director] chief administrator shall determine on the motor vehicle used to transport the [handicapped] 1[disabled]1 person 1with a disability1, when the vehicle is parked overtime or in special parking places established for use by [handicapped] 1[disabled]1 persons 1with disabilities1. If issued in conjunction with a 1[disabled]1 person 1with a disability1 identification card pursuant to section 2 of P.L.1949, c.280 (C.39:4-205), the placard issued pursuant to this paragraph shall be valid until the last day of the 36th calendar month following the calendar month in which such placard was issued. If the placard is issued following the date on which the chief administrator issued the applicant a 1[disabled]1 person 1with a disability1 identification card pursuant to section 2 of P.L.1949, c.280 (C.39:4-205), then that placard shall be valid up until the date on which the 1[disabled]1 person 1with a disability1 identification card is deemed invalid. Any placard issued by the chief administrator shall display, in a clearly visible manner, the date on which it shall become invalid. The placard may be renewed upon application in accordance with the requirements of this chapter.
Any placard issued prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be deemed invalid on the last day of the 36th calendar month following the calendar month in which such effective date occurs. The chief administrator may recall any placard deemed invalid pursuant to this section.
Notwithstanding any provision of P.L.1949, c.280 (C.39:4-204 et seq.) to the contrary, the chief of police of each municipality in this State shall issue a temporary placard of not more than six months' duration to any person who has temporarily lost the use of one or more limbs or 1[is temporarily disabled] has a temporary disability1 as to be unable to ambulate without the aid of an assisting device or whose mobility is otherwise temporarily limited, as certified by a physician with a plenary license to practice medicine and surgery in this State or a bordering State; a podiatrist licensed to practice in this State or a bordering state; a physician stationed at a military or naval installation located in this State who is licensed to practice in any state; [or] a chiropractic physician licensed to practice in this State or a bordering state ; a physician assistant licensed to practice in this State or a bordering state; or a nurse practitioner licensed to practice in this State or a bordering state. Each temporary [handicapped] 1[disabled]1 placard issued under the provisions of this section shall [set forth] display, in a clearly visible manner, the date on which it shall become invalid.
The temporary placard shall be granted upon written certification by a physician with a plenary license to practice medicine and surgery [or] in this State or a bordering State ; a podiatrist licensed to practice in this State or a bordering state [or] ; a physician stationed at a military or naval installation located in this State who is licensed to practice in any state ; a chiropractic physician licensed to practice in this State or a bordering state, a physician assistant licensed to practice in this State or a bordering state; or a nurse practitioner licensed to practice in this State or a bordering state that the person meets the conditions constituting temporary disability as provided in this section. This certification shall be provided on a standard form to be developed by the [director] chief administrator in consultation with local chiefs of police and representatives of 1[the [handicapped] disabled] persons with disabilities1. The form shall contain only those conditions constituting temporary disability as are provided in this section. The physical presence of the [handicapped] 1[disabled]1 person 1with a disability1 shall not be required for the issuance of a temporary [handicapped] 1[disabled]1 placard.
The temporary placard may be renewed one time at the discretion of the issuing authority for a period of not more than six months' duration. The placard shall be displayed on the motor vehicle used by the 1[temporarily [handicapped] disabled]1 person 1with a temporary disability1 and shall give the person the right to park overtime or to use special parking places established for use by [handicapped] 1[disabled]1 persons 1with disabilities1 in any municipality of this State.
The fee for the issuance of [such] a temporary [or permanent] placard issued pursuant to this section shall be $4.00 and payable to the [Director of the Division of Motor Vehicles] New Jersey Motor Vehicle Commission. No fee shall be charged for the issuance of a permanent placard issued pursuant to this section.
The [director] chief administrator may, in addition, issue license plates bearing the national wheelchair symbol for:
a. Not more than two motor vehicles owned, operated or leased by a [handicapped] 1[disabled]1 person 1with a disability1 or by any person furnishing transportation on his behalf; or
b. Any two motorcycles owned, operated or leased by a [handicapped] 1[disabled]1 person 1with a disability1.
[The fee for the issuance of such plates shall be $10.00 for each vehicle.]
(cf: P.L.1999, c.326, s.2)
4. Section 5 of P.L.1981, c.36 (C.39:4-207.1) is amended to read as follows:
5. The [Director] Chief Administrator of the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission shall promulgate rules and regulations necessary to effectuate the purposes of [this act] P.L.1949, c.280 (C.39:4-204 et seq.), as amended and supplemented.
(cf: P.L.1981, c.36, s.5)
5. Section 3 of P.L.1984, c.50 (C.39:4-207.4) is amended to read as follows:
3. A motor vehicle owned or operated by a federal, State, county or municipal entity or a public or private nonprofit organization incorporated under the laws of this State and used to transport persons with intellectual disabilities, and which is properly identified in accordance with the provisions of section 1 of [this act] P.L.1984, c.50 (C.39:4-207.2), is authorized to park in a space appropriately marked for vehicles for 1[the physically [handicapped] disabled] persons with physical disabilities1 pursuant to law whenever the vehicle is being used to transport persons with intellectual disabilities.
(cf: P.L.2010, c.50, s.65)
6. Section 1 of P.L.1986, c.25 (C.39:4-207.5) is amended to read as follows:
1. A motor vehicle with a special license plate, placard or parking permit issued to a [handicapped] 1[disabled]1 person 1with a disability1 by another state, district or territory of the United States, or by Canada shall be entitled to special parking privileges for 1[the [handicapped] disabled] persons with disabilities1 established by any law or by any ordinance, resolution or regulation.
(cf: P.L.1986, c.25, s.1)
7. Section 1 of P.L.1989, c.200 (C.39:4-207.6) is amended to read as follows:
1. As used in this act:
a. "Appropriate identification" means, in the case of a restricted parking zone, a permit issued by a municipality under the authority granted by section 2 of P.L.1977, c.309 (C.39:4-197.7) and, in the case of a restricted parking space, a placard or wheelchair symbol license plates issued by the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission under section 3 of P.L.1949, c.280 (C.39:4-206).
b. "Eligible [handicapped] 1[disabled]1 person 1with a disability1" means a [handicapped] 1[disabled]1 person 1with a disability1 who is the holder of (1) an identification card issued by the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission under section 2 of P.L.1949, c.280 (C.39:4-205), or (2) a permit issued by a municipality under the authority granted by section 2 of P.L.1977, c.309 (C.39:4-197.7).
c. "Park unlawfully" means to park a motor vehicle in a restricted parking space or a restricted parking zone if the motor vehicle does not display appropriate identification.
d. "Restricted parking space" means a parking space which the State or a local government has established for the exclusive use of a [handicapped] 1[disabled]1 person 1with a disability1 but shall not include a restricted parking zone established under section 1 of P.L.1977, c.309 (C.39:4-197.6).
e. "Restricted parking zone" means a parking zone in front of the residence of a [handicapped] 1[disabled]1 person 1with a disability1 which a municipality has established for the use of that [handicapped] 1[disabled]1 person 1with a disability1 under the authority granted by section 1 of P.L.1977, c.309 (C.39:4-197.6).
(cf: P.L.1989, c.200, s.1)
8. Section 2 of P.L.1989, c.200 (C.39:4-207.7) is amended to read as follows:
2. a. An eligible [handicapped] 1[disabled]1 person 1with a disability1 may request a law enforcement officer to arrange for the removal and storage of a motor vehicle which is parked unlawfully in a parking space or zone which is restricted for use by a [handicapped] 1[disabled]1 person 1with a disability1. It shall be the obligation of the owner of the motor vehicle to pay the reasonable costs for the removal and for any storage which may result from the removal.
b. The removal of a motor vehicle under this section is subject to local ordinances concerning the regulation of that practice, including, but not limited to, the fees charged for the removal, notice requirements therefor, and the licensing of persons engaged in that practice.
c. The assessment of removal and storage costs against a person under this section shall be in addition to any other penalty assessed against the person.
(cf: P.L.1989, c.200, s.2)
9. Section 6 of P.L.1989, c.201 (C.39:4-207.8) is amended to read as follows:
6. The [Director] Chief Administrator of the [Division of Motor Vehicles in the Department of Law and Public Safety] New Jersey Motor Vehicle Commission shall issue a [handicapped] 1[disabled]1 nursing home resident 1with a disability1 identification card and corresponding windshield placard upon the application of a nursing home owner or operator for use in a vehicle owned or operated by the nursing home when that vehicle is used to transport [handicapped] 1[disabled]1 nursing home residents 1with disabilities1. The identification card and corresponding windshield placard shall identify the nursing home owner or operator and the registration number of the nursing home's vehicle for which the card is issued, and shall state that: the nursing home owner or operator is validly qualified to receive the identification card and corresponding windshield placard; the identification card and corresponding windshield placard are for the exclusive use of the nursing home's vehicle when transporting a [handicapped] 1[disabled]1 nursing home resident 1with a disability1; the identification card and corresponding windshield placard are not transferable and will be forfeited if used for purposes not authorized under this act; and an abuse of any privilege, benefit, precedence or consideration granted to a person to whom the identification card and corresponding windshield placard are issued will be sufficient cause for revocation of the identification card and corresponding windshield placard and the same may be forfeited or revoked accordingly, and in the absence of a forfeiture or revocation, the identification card and corresponding windshield placard are valid indefinitely.
The windshield placard shall be displayed on the vehicle when the vehicle is used to transport [handicapped] 1[disabled]1 nursing home residents 1with disabilities1. A vehicle displaying this windshield placard is authorized to park in a space appropriately marked for vehicles for 1[the physically [handicapped] disabled] persons with physical disabilities1 only when delivering or receiving [handicapped] 1[disabled]1 nursing home residents 1with disabilities1 from one location to another. The vehicle is not permitted to park in 1[designated]1 [handicapped] 1[disabled]1 parking spaces designated for persons with disabilities1 when it is not transporting [handicapped] 1[disabled]1 nursing home residents 1with disabilities1.
The fee for the issuance of the identification card and corresponding windshield placard issued pursuant to this section is $4.00 and is payable to the [Director] Chief Administrator of the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission.
(cf: P.L.1989, c.201, s.6)
10. Section 1 of P.L.1999, c.182 (C.39:4-207.9) is amended to read as follows:
1. a. A person who owns or controls a parking area which is open to the public or to which the public is invited and which contains special parking spaces for the use of persons who have been issued a placard or wheelchair symbol license plates pursuant to P.L.1949, c.280 (C.39:4-204 et seq.) shall be responsible for assuring that access to these special parking spaces and to curb cuts or other improvements designed to provide accessibility for [handicapped] 1[disabled]1 persons 1with disabilities1 is not obstructed.
b. If snow or ice is obstructing the special parking space, curb cut or other improvement designed to provide accessibility for the [handicapped] 1[disabled]1 person 1with a disability1, it shall be removed within 24 hours after the weather condition causing the snow or ice ceases.
c. A person who violates this act shall be liable for a penalty of not less than $500 or more than $1,000 for each space that is obstructed.
(cf: P.L.2007, c.287, s.1)
11. This act shall take effect on the first day of the seventh month following enactment. The chief administrator may take such anticipatory administrative action in advance as shall be necessary for the implementation of this act.
Makes various revisions to laws concerning disabled person identification cards and placards related to parking privileges.
