As Introduced
133rd General Assembly
Regular Session H. B. No. 787
2019-2020
Representative Wiggam
Cosponsors: Representatives Kick, Romanchuk, Fraizer, Perales
A BILL
To amend sections 311.30, 505.541, 509.04, 3501.29, 1
3781.111, 4503.10, 4503.12, 4503.44, 4511.69, 2
4517.01, 4517.12, 4521.01, 4521.02, 4731.481, 3
and 4734.161 and to enact sections 4503.441, 4
4503.442, 4503.443, 4503.444, 4503.445, 5
4503.446, 4503.447, 4503.448, 4511.691, 6
4511.692, 4511.693, 4511.694, 4511.695, 7
4511.696, 4511.697, 4511.698, and 4511.699 of 8
the Revised Code to make changes to the laws 9
governing accessible parking. 10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.44, 4511.69, 4521.01, 11
4521.02, 4731.481, and 4734.161 be amended and sections 12
4503.441, 4503.442, 4503.443, 4503.444, 4503.445, 4503.446, 13
4503.447, 4503.448, 4511.691, 4511.692, 4511.693, 4511.694, 14
4511.695, 4511.696, 4511.697, 4511.698, and 4511.699 of the 15
Revised Code be enacted to read as follows: 16
Sec. 4503.44. (A) As used in this section and in section 17
4511.69 sections 4503.44 to 4503.448 of the Revised Code: 18
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As Introduced
(1) (A) "Person with a disability that limits or impairs 19
the ability to walk" means any person who, as determined by a 20
health care provider, meets any of the following criteria: 21
(a) (1) Cannot walk two hundred feet without stopping to 22
rest; 23
(b) (2) Cannot walk without the use of, or assistance 24
from, a brace, cane, crutch, another person, prosthetic device, 25
wheelchair, or other assistive device; 26
(c) (3) Is restricted by a lung disease to such an extent 27
that the person's forced (respiratory) expiratory volume for one 28
second, when measured by spirometry, is less than one liter, or 29
the arterial oxygen tension is less than sixty millimeters of 30
mercury on room air at rest; 31
(d) (4) Uses portable oxygen; 32
(e) (5) Has a cardiac condition to the extent that the 33
person's functional limitations are classified in severity as 34
class III or class IV according to standards set by the American 35
heart association; 36
(f) (6) Is severely limited in the ability to walk due to 37
an arthritic, neurological, or orthopedic condition; 38
(g) (7) Is blind, legally blind, or severely visually 39
impaired. 40
(2) (B) "Organization" means any private organization or 41
corporation, or any governmental board, agency, department, 42
division, or office, that, as part of its business or program, 43
transports persons with disabilities that limit or impair the 44
ability to walk on a regular basis in a motor vehicle that has 45
not been altered for the purpose of providing it with special 46
H. B. No. 787 Page 3
As Introduced
equipment for use by persons with disabilities. This definition 47
does not apply to division (I) of this section. 48
(3) (C) "Health care provider" means a physician, 49
physician assistant, advanced practice registered nurse, 50
optometrist, or chiropractor as defined in this section except 51
that an optometrist shall only make determinations as to 52
division (A)(1)(g) (A)(7) of this section. 53
(4) (D) "Physician" means a person licensed to practice 54
medicine or surgery or osteopathic medicine and surgery under 55
Chapter 4731. of the Revised Code. 56
(5) (E) "Chiropractor" means a person licensed to practice 57
chiropractic under Chapter 4734. of the Revised Code. 58
(6) (F) "Advanced practice registered nurse" means a 59
certified nurse practitioner, clinical nurse specialist, 60
certified registered nurse anesthetist, or certified nurse- 61
midwife who holds a certificate of authority issued by the board 62
of nursing under Chapter 4723. of the Revised Code. 63
(7) (G) "Physician assistant" means a person who is 64
licensed as a physician assistant under Chapter 4730. of the 65
Revised Code. 66
(8) (H) "Optometrist" means a person licensed to engage in 67
the practice of optometry under Chapter 4725. of the Revised 68
Code. 69
(I) "Accessible license plate" means a license plate 70
issued to a person or organization under sections 4503.41 and 71
4503.441 of the Revised Code. 72
(J) "Removable windshield placard" means a removable 73
windshield placard issued to a person or organization under 74
H. B. No. 787 Page 4
As Introduced
section 4503.442 of the Revised Code and includes a temporary 75
removable windshield placard, unless otherwise specified. 76
(B)(1) An organization, or a person with a disability that 77
limits or impairs the ability to walk, may apply for the 78
registration of any motor vehicle the organization or person 79
owns or leases. When a motor vehicle has been altered for the 80
purpose of providing it with special equipment for a person with 81
a disability that limits or impairs the ability to walk, but is 82
owned or leased by someone other than such a person, the owner 83
or lessee may apply to the registrar or a deputy registrar for 84
registration under this section. The application for 85
registration of a motor vehicle owned or leased by a person with 86
a disability that limits or impairs the ability to walk shall be 87
accompanied by a signed statement from the applicant's health 88
care provider certifying that the applicant meets at least one 89
of the criteria contained in division (A)(1) of this section and 90
that the disability is expected to continue for more than six 91
consecutive months. The application for registration of a motor 92
vehicle that has been altered for the purpose of providing it 93
with special equipment for a person with a disability that 94
limits or impairs the ability to walk but is owned by someone 95
other than such a person shall be accompanied by such 96
documentary evidence of vehicle alterations as the registrar may 97
require by rule. 98
(2) When an organization, a person with a disability that 99
limits or impairs the ability to walk, or a person who does not 100
have a disability that limits or impairs the ability to walk but 101
owns a motor vehicle that has been altered for the purpose of 102
providing it with special equipment for a person with a 103
disability that limits or impairs the ability to walk first 104
submits an application for registration of a motor vehicle under 105
H. B. No. 787 Page 5
As Introduced
this section and every fifth year thereafter, the organization 106
or person shall submit a signed statement from the applicant's 107
health care provider, a completed application, and any required 108
documentary evidence of vehicle alterations as provided in 109
division (B)(1) of this section, and also a power of attorney 110
from the owner of the motor vehicle if the applicant leases the 111
vehicle. Upon submission of these items, the registrar or deputy 112
registrar shall issue to the applicant appropriate vehicle 113
registration and a set of license plates and validation 114
stickers, or validation stickers alone when required by section 115
4503.191 of the Revised Code. In addition to the letters and 116
numbers ordinarily inscribed thereon, the license plates shall 117
be imprinted with the international symbol of access. The 118
license plates and validation stickers shall be issued upon 119
payment of the regular license fee as prescribed under section 120
4503.04 of the Revised Code and any motor vehicle tax levied 121
under Chapter 4504. of the Revised Code, and the payment of a 122
service fee equal to the amount specified in division (D) or (G) 123
of section 4503.10 of the Revised Code. 124
(C)(1) A person with a disability that limits or impairs 125
the ability to walk may apply to the registrar of motor vehicles 126
for a removable windshield placard by completing and signing an 127
application provided by the registrar. The person shall include 128
with the application a prescription from the person's health 129
care provider prescribing such a placard for the person based 130
upon a determination that the person meets at least one of the 131
criteria contained in division (A)(1) of this section. The 132
health care provider shall state on the prescription the length 133
of time the health care provider expects the applicant to have 134
the disability that limits or impairs the person's ability to 135
walk. 136
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As Introduced
In addition to one placard or one or more sets of license 137
plates, a person with a disability that limits or impairs the 138
ability to walk is entitled to one additional placard, but only 139
if the person applies separately for the additional placard, 140
states the reasons why the additional placard is needed, and the 141
registrar, in the registrar's discretion determines that good 142
and justifiable cause exists to approve the request for the 143
additional placard. 144
(2) An organization may apply to the registrar of motor 145
vehicles for a removable windshield placard by completing and 146
signing an application provided by the registrar. The 147
organization shall comply with any procedures the registrar 148
establishes by rule. The organization shall include with the 149
application documentary evidence that the registrar requires by 150
rule showing that the organization regularly transports persons 151
with disabilities that limit or impair the ability to walk. 152
(3) Upon receipt of a completed and signed application for 153
a removable windshield placard, the accompanying documents 154
required under division (C)(1) or (2) of this section, and 155
payment of a service fee equal to the amount specified in 156
division (D) or (G) of section 4503.10 of the Revised Code, the 157
registrar or deputy registrar shall issue to the applicant a 158
removable windshield placard, which shall bear the date of 159
expiration on both sides of the placard and shall be valid until 160
expired, revoked, or surrendered. Every removable windshield 161
placard expires as described in division (C)(4) of this section, 162
but in no case shall a removable windshield placard be valid for 163
a period of less than sixty days. Removable windshield placards 164
shall be renewable upon application as provided in division (C) 165
(1) or (2) of this section and upon payment of a service fee 166
equal to the amount specified in division (D) or (G) of section 167
H. B. No. 787 Page 7
As Introduced
4503.10 of the Revised Code for the renewal of a removable 168
windshield placard. The registrar shall provide the application 169
form and shall determine the information to be included thereon. 170
The registrar also shall determine the form and size of the 171
removable windshield placard, the material of which it is to be 172
made, and any other information to be included thereon, and 173
shall adopt rules relating to the issuance, expiration, 174
revocation, surrender, and proper display of such placards. Any 175
placard issued after October 14, 1999, shall be manufactured in 176
a manner that allows the expiration date of the placard to be 177
indicated on it through the punching, drilling, boring, or 178
creation by any other means of holes in the placard. 179
(4) At the time a removable windshield placard is issued 180
to a person with a disability that limits or impairs the ability 181
to walk, the registrar or deputy registrar shall enter into the 182
records of the bureau of motor vehicles the last date on which 183
the person will have that disability, as indicated on the 184
accompanying prescription. Not less than thirty days prior to 185
that date and all removable windshield placard renewal dates, 186
the bureau shall send a renewal notice to that person at the 187
person's last known address as shown in the records of the 188
bureau, informing the person that the person's removable 189
windshield placard will expire on the indicated date not to 190
exceed five years from the date of issuance, and that the person 191
is required to renew the placard by submitting to the registrar 192
or a deputy registrar another prescription, as described in 193
division (C)(1) or (2) of this section, and by complying with 194
the renewal provisions prescribed in division (C)(3) of this 195
section. If such a prescription is not received by the registrar 196
or a deputy registrar by that date, the placard issued to that 197
person expires and no longer is valid, and this fact shall be 198
H. B. No. 787 Page 8
As Introduced
recorded in the records of the bureau. 199
(5) At least once every year, on a date determined by the 200
registrar, the bureau shall examine the records of the office of 201
vital statistics, located within the department of health, that 202
pertain to deceased persons, and also the bureau's records of 203
all persons who have been issued removable windshield placards 204
and temporary removable windshield placards. If the records of 205
the office of vital statistics indicate that a person to whom a 206
removable windshield placard or temporary removable windshield 207
placard has been issued is deceased, the bureau shall cancel 208
that placard, and note the cancellation in its records. 209
The office of vital statistics shall make available to the 210
bureau all information necessary to enable the bureau to comply 211
with division (C)(5) of this section. 212
(6) Nothing in this section shall be construed to require 213
a person or organization to apply for a removable windshield 214
placard or special license plates if the special license plates 215
issued to the person or organization under prior law have not 216
expired or been surrendered or revoked. 217
(D)(1)(a) A person with a disability that limits or 218
impairs the ability to walk may apply to the registrar or a 219
deputy registrar for a temporary removable windshield placard.