Bill Summary – FastDemocracy

67th Legislature                                                                                                    HB 598.1
                                                    HOUSE BILL NO. 598
                                INTRODUCED BY K. WHITMAN, A. BUCKLEY, E. BUTTREY
  3
   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING PARKING LAWS; SUBSTITUTING A
   DISABILITY PARKING PERMIT FOR A SPECIAL PARKING PERMIT; SUBSTITUTING AN ACCESSIBLE
   PARKING SPACE FOR A SPECIAL PARKING SPACE; REVISING REQUIREMENTS FOR ACCESSIBLE
   PARKING SPACES; AND AMENDING SECTIONS 7-5-2109, 7-5-4104, 49-4-301, 49-4-302, 49-4-303, 49-4-
   304, 49-4-305, 49-4-306, 49-4-307, 49-4-310, 61-3-332, AND 61-3-426, MCA.”
  9
   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 11
              Section 1. Section 7-5-2109, MCA, is amended to read:
              "7-5-2109.    County control of litter. (1) (a) Except as provided in 7-5-2112, a governing body of a
   county may regulate, control, and prohibit littering on any county road and on land within the county by the
   adoption of an ordinance that substantially complies with the provisions of 7-5-103 through 7-5-107. The
   ordinance may apply to portions of the county and may apply to persons other than the owners of the property
   on which littering occurs.
              (b)   The ordinance does not apply to lead, copper, or brass deposits directly resulting from shooting
   activities at a shooting range.
              (c)   The ordinance does not apply to a "notice of violation" card placed on a motor vehicle illegally
   parked in a disability an accessible parking space.
              (2)   Except as provided in 7-5-2112, the governing body of a county may establish a fine not to exceed
   $200 as a penalty for violation of the ordinance referred to in subsection (1). A violation of the ordinance may
   not be punishable by imprisonment."
 25
              Section 2. Section 7-5-4104, MCA, is amended to read:
              "7-5-4104.    Control of nuisances -- exception. (1) The city or town council has power to:
              (a)   define and abate nuisances and impose fines upon persons guilty of creating, continuing, or
                                                                  -1-                      Authorized Print Version – HB 598
67th Legislature                                                                                                        HB 598.1
   suffering a nuisance to exist on the premises that they occupy or control;
              (b)   regulate and prohibit the wearing of hats or bonnets at theaters or public places of amusement;
   and
              (c)   enforce the penalty for violations of 7-5-4113 and post copies of 7-5-4113 in conspicuous locations
   in the municipality.
              (2)   The city or town council may not prohibit the placing of a "notice of violation" card on a motor
   vehicle illegally parked in a disability an accessible parking space."
  8
              Section 3. Section 49-4-301, MCA, is amended to read:
              "49-4-301.    Eligibility for special disability parking permit. (1) The department of justice shall issue
   a special disability parking permit to a person who has a disability that limits or impairs the person's mobility and
   for whom a licensed physician, a licensed chiropractor, or a licensed advanced practice registered nurse, as
   provided in 37-8-202, submits a certification to the department, by electronic or other means prescribed by the
   department, that the person meets one of the following criteria:
              (a)   cannot walk 200 feet without stopping to rest;
              (b)   is severely limited in ability to walk because of an arthritic, neurological, or orthopedic condition;
              (c)   is so severely disabled that the person cannot walk without the use of or assistance from a brace,
   cane, another person, prosthetic device, wheelchair, or other assistive device;
              (d)   uses portable oxygen;
              (e)   is restricted by lung disease to the extent that forced expiratory respiratory volume, when
   measured by spirometry, is less than 1 liter per second or the arterial oxygen tension is less than 60 mm/hg on
   room air at rest;
              (f)   has impairment because of cardiovascular disease or a cardiac condition to the extent that the
   person's functional limitations are classified as class III or IV under standards accepted by the American heart
   association; or
              (g)   has a disability resulting from an acute sensitivity to automobile emissions or from another disease
   or physical condition that limits or impairs the person's mobility and that is documented by the licensed
   physician, the licensed chiropractor, or the licensed advanced practice registered nurse as being comparable in
                                                                    -2-                      Authorized Print Version – HB 598
67th Legislature                                                                                                     HB 598.1
   severity to the other conditions listed in this subsection (1).
              (2)   (a) A person who has a condition expected to improve within 6 months may be issued a
   temporary placard for a period not to exceed 6 months but may not be issued a special disability license plate
   displaying a wheelchair under 61-3-332(9). If the condition exists after 6 months, a new temporary placard must
   be issued for the time period prescribed by the applicant's physician, chiropractor, or advanced practice
   registered nurse, not to exceed 24 months, upon receipt of a later paper or electronic certification from the
   disabled person's physician, chiropractor, or advanced practice registered nurse that the conditions specified in
   subsection (1) continue to exist and are expected to continue for the time specified.
              (b)   A person who meets one of the criteria in subsection (1) for what is considered to be a permanent
   condition, as determined by a licensed physician, a licensed chiropractor, or a licensed advanced practice
   registered nurse, may, by application to the department, by electronic or other means prescribed by the
   department, be issued a special disability license plate displaying a wheelchair under 61-3-332(9) and is not
   required to reapply for the special disability license plate when the vehicle is reregistered.
              (3)   The department of justice may issue special disability parking permits to an agency or business
   that provides transportation as a service for persons with a disability. The permits must be used only to load
   and unload persons with a disability in the special accessible parking place provided for in 49-4-302. As used in
   this subsection, "disability" means a physical impairment that severely limits a person's ability to walk.
              (4)   Except as provided in subsection (3), an applicant may not receive more than one permit."
 19
              Section 4. Section 49-4-302, MCA, is amended to read:
              "49-4-302.   Privileges of permitholder -- privilege for disabled veteran -- exemptions from time
   limits -- requirements for special accessible parking spaces. (1) The parking permit issued under this part,
   when displayed, entitles a person to park a motor vehicle in a special parking space reserved for a an
   accessible parking space designated for use by a person with a disability, whether on public property or on
   private property available for public use, when the person for whom the permit was issued is using the special
   accessible parking space to enter or exit the vehicle.
              (2)   A vehicle may not be parked in a parking space on public or private property that is clearly
   identified by an official sign as being reserved for use by a person with a disability or motorcycle may not stop,
                                                                  -3-                     Authorized Print Version – HB 598
67th Legislature                                                                                                        HB 598.1
   stand, or park within an accessible parking space designated for use by a person with a disability as provided in
   49-4-304 unless:
              (a)   (i) the vehicle is lawfully displaying a disability parking permit issued under this part, a
   distinguishing license plate or placard for a person with a disability that was issued by a foreign jurisdiction
   conferring parking privileges similar to those conferred in subsection (1), or a specially an inscribed license
   plate displaying the letters "DV" issued under 61-3-458(4)(b) or (4)(i) or displaying a wheelchair as provided in
   61-3-332(9); and
              (b) (ii)   the reserved designated accessible parking space is being used by the person for whom the
   permit, plate, or placard was issued to enter or exit the vehicle. ; or
              (b)   the vehicle is being used to transport a person with a disability and is temporarily stopping,
   standing, or parking in an accessible parking space designated for use by a person with a disability as provided
   in 49-4-304 only for the purpose of loading or unloading the person with a disability.
              (3)   A vehicle or motorcycle may not stop, stand, or park within an access aisle designated for use by
   a person with a disability as provided in 49-4-304, regardless of whether a vehicle is lawfully displaying a
   disability parking permit issued under this part, a distinguishing license plate, or a placard for a person with a
   disability that was issued by a foreign jurisdiction conferring parking privileges similar to those conferred in
   subsection (1), or an inscribed license plate displaying the letters "DV" issued under 61-3-458(4)(b) or (4)(i) or
   displaying a wheelchair as provided in 61-3-332(9).
              (4)   Notice of the penalty for violation of this part is not required at the site of an accessible parking
   space.
              (3)(5)     The governing body of a city, town, or county may exempt vehicles lawfully displaying a
   disability parking permits permit issued under this part and vehicles lawfully displaying specially inscribed
   license plates displaying the letters "DV" issued under 61-3-458(4)(b) or (4)(i) or displaying a wheelchair as
   provided in 61-3-332(9) and parked in public places along public streets from any time limitation imposed upon
   parking, except in areas where:
              (a)   stopping, standing, or parking of all vehicles is prohibited;
              (b)   only special vehicles may be parked; or
              (c)   parking is not allowed during specific periods of the day in order to accommodate heavy traffic.
                                                                    -4-                      Authorized Print Version – HB 598
67th Legislature                                                                                                      HB 598.1
              (4)(6)   (a) In accordance with subsection (2), the governing body of a city, town, or county or
   appropriate state agency may shall impose all, but not less than all, of the following requirements applicable
   requirements set forth in 28 CFR 36 as of February 10, 2021, with respect to any special accessible parking
   space constructed after September 30, 1985, and reserved for a person with a disability or a permitholder on
   ways of this state open to the public, as defined in 61-8-101, or in the right-of-way, as defined in 60-1-103.
              (b)   In addition to requirements imposed under subsection (6)(a), an accessible parking space must be
   maintained and be free of any obstructions, including but not limited to snow, shipping pallets, and shopping
   carts. However, no person or business may be cited for violation of this subsection (6)(b) without an initial
   warning providing a reasonable amount of time to clear an obstruction.:
              (a)   The space must be located on a smooth, level surface as near as practicable to building entrances
   or walkways that have curb cuts and appropriately designed ramps and access lanes to accommodate
   wheelchairs.
              (b)   If parallel to curbside, the parking space must be separated from an adjacent space, either in the
   front or the rear, by at least 5 feet of striped no-parking area.
              (c)   If at an angle to curbside, the parking space must be at least 8 feet wide and free of obstruction if
   located at the end of a line of angle parking spaces, and each other angle parking space designated for a
   person with a disability must be at least 13 feet wide.
              (d)   A parking space reserved for a person with a disability must be designated by a sign showing the
   international symbol of accessibility, indicating that a permit is required, and stating the penalty for a violation.
   In order to meet the penalty statement requirement, signs existing on October 1, 1993, must have attached a
   decal stating the penalty for a violation. The sign must be attached to a wall or post in a way that it is not
   obscured by a vehicle parked in the space."
 23
              Section 5. Section 49-4-303, MCA, is amended to read:
              "49-4-303.    Issuance of interim special disability parking permit. A licensed physician, a licensed
   chiropractor, or a licensed advanced practice registered nurse, as provided in 37-8-202, may issue an interim
   special disability parking permit, in a form authorized by the department, to a person who has a disability that
   limits or impairs the person's mobility and upon whose behalf the physician, chiropractor, or advanced practice
                                                                   -5-                      Authorized Print Version – HB 598
67th Legislature                                                                                                   HB 598.1
   registered nurse has submitted a request for a special disability parking permit under 49-4-301. The interim
   special disability parking permit is valid only in Montana, may not be renewed or extended, and expires 5 days
   from the date of issuance."
  4
              Section 6. Section 49-4-304, MCA, is amended to read:
              "49-4-304.   Special Disability license plate or placard to be provided and displayed -- additional
   placards allowed -- rulemaking required. (1) Except as authorized in 49-4-303, unless the department of
   justice issued a special disability license plate under 61-3-332(9) or 61-3-458(4)(b) or (4)(i) indicating a special
   an accessible parking privilege, the department shall provide a placard to be displayed on or in a motor vehicle
   to indicate a parking privilege granted under this part. The special disability license plate must be affixed to the
   vehicle according to 61-3-301, or the placard must be prominently displayed in the windshield of a vehicle when
   the parking privilege is being used by the person with a disability in a vehicle other than the one to which a
   special disability license plate is affixed.
              (2)   Subject to the provisions of 49-4-301 through 49-4-305, a person who is eligible to receive a
   special disability parking permit may apply to the department for one or more placards.
              (3)   The department shall issue up to two placards to eligible individuals and may issue additional
   placards. The department shall adopt rules to determine the process for an individual to request additional
   placards.
              (4)   Upon application under 49-4-301, a person with a disability who does not hold a driver's license or
   does not own a vehicle may receive a placard to be displayed in a vehicle in which the person with a disability
   is being conveyed when the parking privilege is being used.
              (5)   The placard must bear a representation of a wheelchair as the symbol of a person with a
   disability."
 24
              Section 7. Section 49-4-305, MCA, is amended to read:
              "49-4-305.   Expiration of permit. (1) Except as provided in 49-4-303 and subsection (2) of this
   section, a special disability parking permit expires on the occurrence of either of the following:
              (a)   35 years from the date of issuance, unless the permit was issued to a person who has a condition
                                                                  -6-                    Authorized Print Version – HB 598
67th Legislature                                                                                                     HB 598.1
   expected to improve within 6 months. A person may renew a permit if a licensed physician, a licensed
   chiropractor, or a licensed advanced practice registered nurse, as provided in 37-8-202, certifies that the
   person's mobility disability still exists and that one of the criteria specified in 49-4-301 continues to be met.
              (b)   certification by a licensed physician, a licensed chiropractor, or a licensed advanced practice
   registered nurse that the person's mobility disability no longer exists or that the criteria specified in 49-4-301
   can no longer be met.
              (2)   A permit issued before October 1, 1993, expires on:
              (a)   the death of the permittee; or
              (b)   certification by a licensed physician, a licensed chiropractor, or a licensed advanced practice
   registered nurse that the person's mobility disability no longer exists or that the criteria specified in 49-4-301
   can no longer be met. ; or
              (c)   October 1, 2022."
 13
              Section 8. Section 49-4-306, MCA, is amended to read:
              "49