Bill Text: NJ S2238 | 2012-2013 | Regular Session | Introduced
Bill Title: Makes various revisions to laws concerning disabled person identification cards and placards related to parking privileges.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-11-29 - Substituted by A2947 (ACS/1R) [S2238 Detail]
Download: New_Jersey-2012-S2238-Introduced.html
Sponsored by:
Senator DIANE B. ALLEN
District 7 (Burlington)
SYNOPSIS
Makes various revisions to laws concerning disabled person identification cards and placards related to parking privileges.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning identification cards and placards issued to certain persons with a disability 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 person"] "person with a disability" 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 [is permanently disabled] has a permanent disability 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] person with a
disability identification cards upon the application of qualifying [handicapped] persons with
disabilities, as heretofore defined, and after due investigation of the
qualifying status of each applicant. Said card shall, amongst other things,
identify the [handicapped] persons with
disabilities 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]
person with a disability 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 person with a disability 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 "person with a disability" pursuant to section 1 of P.L.1949, c.280 (C.39:4-204). In order to be approved, the application for a person with a disability 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 "person with a disability" 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 person with a disability 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] person with a disability 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] person with a disability, when the vehicle is parked overtime or in special parking places established for use by [handicapped] persons with disabilities. If issued in conjunction with a person with a disability 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 person with a disability 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 person with a disability 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 [is temporarily disabled] has a temporary disability 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] 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 [the handicapped] persons with disabilities. The form shall contain only those conditions constituting temporary disability as are provided in this section. The physical presence of the [handicapped] person with a disability shall not be required for the issuance of a temporary [handicapped] 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 [temporarily handicapped] person with a temporary disability and shall give the person the right to park overtime or to use special parking places established for use by [handicapped] persons with disabilities 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] person with a disability or by any person furnishing transportation on his behalf; or
b. Any two motorcycles owned, operated or leased by a [handicapped] person with a disability.
[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 [the physically handicapped] persons with physical disabilities 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] person with a disability by another state, district or territory of the United States, or by Canada shall be entitled to special parking privileges for [the handicapped] persons with disabilities 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] person with a disability" means a [handicapped] person with a disability 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] person with a disability 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] person with a disability which a municipality has established for the use of that [handicapped] person with a disability 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] person with a disability 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] person with a disability. 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] nursing home resident with a disability 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] nursing home residents with disabilities. 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] nursing home resident with a disability; 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] nursing home residents with disabilities. A vehicle displaying this windshield placard is authorized to park in a space appropriately marked for vehicles for [the physically handicapped] persons with physical disabilities only when delivering or receiving [handicapped] nursing home residents with disabilities from one location to another. The vehicle is not permitted to park in [designated handicapped] parking spaces designated for persons with disabilities when it is not transporting [handicapped] nursing home residents with disabilities.
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] persons with disabilities 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] person with a disability, 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.
STATEMENT
This bill revises the law governing the issuance of person with a disability identification cards and placards issued by the Chief Administrator of the New Jersey Motor Vehicle Commission. The bill also extends the ability to certify a person as disabled to physician assistants and nurse practitioners licensed in this State or a bordering state.
The bill revises the application procedures for person with a disability identification cards by requiring an application for a person with a disability identification card to contain a statement signed by certain licensed medical professionals stating that the applicant meets the statutory definition of a "person with a disability." The application must be submitted within 60 days of the applicant being certified as a "person with a disability." The identification card expires three years following the date of issuance.
All placards issued pursuant to the provisions of the bill shall expire 36 months following issuance or upon the expiration of a linked identification card. Placards issued prior to the effective date of the bill shall expire on the last day of the 36th month following the bill's effective date. The placard must display a clearly visible expiration date.
Finally, the bill eliminates the fee currently permitted in statute for the issuance of permanent placards.
