SENATE BILL No. 582

 

 

September 20, 2017, Introduced by Senators KNOLLENBERG, GREGORY, BOOHER, WARREN and ZORN and referred to the Committee on Transportation.

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 675, 803d, and 803h (MCL 257.675, 257.803d,

 

and 257.803h), section 675 as amended by 2013 PA 247 and sections

 

803d and 803h as amended by 1998 PA 68.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 675. (1) Except as otherwise provided in this section and

 

this chapter, a vehicle stopped or parked upon a highway or street

 

shall be stopped or parked with the wheels of the vehicle parallel

 

to the roadway and within 12 inches of any curb existing at the

 

right of the vehicle.

 

     (2) A local authority may by ordinance permit parking of a

 

vehicle on a 1-way roadway with the vehicle's left wheels adjacent

 

to and within 12 inches of any curb existing at the left of the

 


vehicle.

 

     (3) A local authority may by ordinance permit angle parking on

 

a roadway, except that angle parking shall is not be permitted on a

 

state trunk line highway unless authorized by the state

 

transportation department.

 

     (4) The state transportation commission with respect to state

 

trunk line highways and the a board of county road commissioners

 

with respect to county roads, acting jointly with the director of

 

the department of state police, may place signs prohibiting or

 

restricting the stopping, standing, or parking of vehicles on a

 

highway where, in the opinion of the officials as determined by an

 

engineering survey, the stopping, standing, or parking is dangerous

 

to those using the highway or where the stopping, standing, or

 

parking of vehicles would unduly interfere with the free movement

 

of traffic on the highway or street. The signs shall be official

 

signs and a person shall not stop, stand, or park a vehicle in

 

violation of the restrictions stated on the signs. The signs shall

 

be installed only after a proper traffic order is filed with the

 

county clerk. Upon the application to the state transportation

 

commission by a home rule city affected by an order, opportunity

 

shall be given to the city for a hearing before the state

 

transportation commission, under the administrative procedures act

 

of 1969, 1969 PA 306, MCL 24.201 to 24.328, except when an

 

ordinance of the home rule city prohibits or restricts the parking

 

of vehicles on a state trunk line highway; when the home rule city,

 

by lawfully authorized official action, requests the state

 

transportation department to prohibit or restrict parking on a


state trunk line highway; or when the home rule city enters into a

 

construction agreement with the state transportation department

 

providing for the prohibition or restriction of parking on a state

 

trunk line highway during or after the period of construction.

 

Traffic control orders, so long as they affect parking upon a state

 

trunk line highway within the corporate limits of a home rule city,

 

are considered "rules" within the meaning of the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and upon

 

application for a hearing by a home rule city, the proceedings

 

before the state transportation commission shall be considered a

 

"contested case" within the meaning of that act.

 

     (5) A disabled person may apply, on a form prescribed by the

 

secretary of state, for a serially numbered nontransferable

 

temporary or permanent windshield placard for the personal use of

 

the disabled person. An individual who has a religious objection to

 

having a medical examination may personally apply at a branch

 

office of the secretary of state for a serially numbered

 

nontransferable temporary or permanent windshield placard for the

 

personal use of the disabled individual. If it appears obvious that

 

the individual has a qualifying disability, the individual shall is

 

not be required to present a medical statement attesting to the

 

disability. The application for and the issuance of the serially

 

numbered nontransferable temporary or permanent windshield placard

 

is subject to all of the following:

 

     (a) The secretary of state may issue to a disabled person with

 

a temporary disability a temporary windshield placard that is valid

 

for a period of not more than 6 months.


     (b) The secretary of state may issue to a disabled person with

 

a permanent disability an original or renewal permanent windshield

 

placard that is valid for a period of not more than 4 years.

 

     (c) An original or permanent windshield placard expires on the

 

disabled person's fifth birthday after the date of issuance.

 

     (d) A renewal permanent windshield placard expires on the

 

disabled person's fourth birthday after the date of renewal.

 

     (e) Except as otherwise provided in this subsection, not more

 

than 45 days immediately preceding the expiration of his or her

 

certificate or placard, a person holding a permanent windshield

 

placard may apply for a new or renewal placard as provided in this

 

section. However, if the person will be out of state during the 45

 

days immediately preceding expiration of the placard or for other

 

good cause shown cannot apply for a placard within the 45-day

 

period, the person may apply for a new or renewal placard not more

 

than 6 months before the placard expires. A placard issued or

 

renewed under this subdivision expires as provided in this

 

subsection.

 

     (f) Upon application in the manner prescribed by the secretary

 

of state for replacement of a lost, stolen, or destroyed placard

 

described in this section, a disabled person or organization that

 

provides specialized services to disabled persons may be issued a

 

placard that in substance duplicates the original certificate or

 

placard for a fee of $10.00.

 

     (g) A placard described in this section may be used by a

 

person other than the disabled person for the sole purpose of

 

transporting the disabled person. An organization that provides


specialized services to disabled persons may apply for and receive

 

a permanent windshield placard to be used in any motor vehicle

 

actually transporting a disabled person. If the organization ceases

 

to transport disabled persons, the placard shall be returned to the

 

secretary of state for cancellation and destruction.

 

     (6) A disabled person with a certificate of identification,

 

windshield placard, special registration plates issued under

 

section 803d, a special registration plate issued under section

 

803f that has a tab for persons with disabilities attached, a

 

certificate of identification or windshield placard from another

 

state, or special registration plates from another state issued for

 

persons with disabilities is entitled to courtesy in the parking of

 

a vehicle. The courtesy shall relieve the disabled person or the

 

person transporting the disabled person from liability for a

 

violation with respect to parking, other than in violation of this

 

act. A local authority may by ordinance prohibit parking on a

 

street or highway to create a fire lane or to provide for the

 

accommodation of heavy traffic during morning and afternoon rush

 

hours, and the privileges extending to veterans and physically

 

disabled persons under this subsection do not supersede that

 

ordinance.

 

     (7) Except as otherwise provided in subsection (24), (20), an

 

application for an initial free parking sticker shall contain a

 

certification by a physician, physician assistant, or certified

 

nurse practitioner, or physical therapist licensed to practice in

 

this state attesting to the nature and estimated duration of the

 

applicant's disabling condition and verifying that the applicant


qualifies for a free parking sticker. An individual who has a

 

religious objection to having a medical examination may personally

 

apply at a branch office of the secretary of state for an initial

 

free parking sticker. If it appears obvious that the individual is

 

unable to do 1 or more of the acts listed in subdivisions (a) to

 

(d), the individual is not required to present a certification by a

 

physician, a physician assistant, or a certified nurse

 

practitioner, or a physical therapist attesting to the nature and

 

estimated duration of the applicant's disabling condition or

 

verifying that the applicant qualifies for a free parking sticker.

 

The applicant qualifies for a free parking sticker if the applicant

 

is a licensed driver and the physician, physician assistant, or

 

certified nurse practitioner, or physical therapist certifies or,

 

if an individual is not required to have a certification by a

 

physician, a physician assistant, or a certified nurse

 

practitioner, or a physical therapist, it is obvious that the

 

applicant is unable to do 1 or more of the following:

 

     (a) Manage, manipulate, or insert coins, or obtain tickets or

 

tokens in parking meters or ticket machines in parking lots or

 

parking structures, due to the lack of fine motor control of both

 

hands.

 

     (b) Reach above his or her head to a height of 42 inches from

 

the ground, due to a lack of finger, hand, or upper extremity

 

strength or mobility.

 

     (c) Approach a parking meter due to his or her use of a

 

wheelchair or other device.

 

     (d) Walk more than 20 feet due to an orthopedic, neurological,


cardiovascular, or lung condition in which the degree of

 

debilitation is so severe that it almost completely impedes the

 

ability to walk.

 

     (8) To be entitled to free parking in a metered space or in a

 

publicly owned parking structure or area, a vehicle must properly

 

display 1 of the following:

 

     (a) A windshield placard bearing a free parking sticker issued

 

under this act.

 

     (b) A valid windshield placard issued by another state.

 

     (c) A certificate of identification issued by another state.

 

     (d) A license plate for persons with disabilities issued by

 

another state.

 

     (e) A special registration plate with a tab for persons with

 

disabilities attached issued by another state.

 

     (9) A vehicle that does not properly display 1 of the items

 

listed in subsection (8) is not entitled to free parking in a

 

metered parking space or in a publicly owned parking area or

 

structure, and the disabled person or vehicle operator shall pay

 

all parking fees and may be responsible for a civil infraction.

 

     (10) Blindness that is not accompanied by an incapacity

 

described in subsection (7) does not entitle a person to a free

 

parking sticker.

 

     (11) The secretary of state shall attach a free parking

 

sticker, in contrasting colors, to the windshield placard of a

 

person certified as having an incapacity described in subsection

 

(7).

 

     (12) A windshield placard issued under this section shall be


displayed on the interior rearview mirror of the vehicle or, if

 

there is no interior rearview mirror, on the lower left corner of

 

the dashboard while the vehicle is parked or being parked by or

 

under the direction of a disabled person pursuant to this section.

 

     (13) Upon conviction of an offense involving a violation of

 

the special privileges conferred upon a holder of a windshield

 

placard or free parking sticker, a magistrate or judge trying the

 

case, as a part of any penalty imposed, may confiscate the

 

windshield placard or free parking sticker and return the

 

confiscated item or items to the secretary of state together with a

 

certified copy of the sentence imposed. Upon receipt of a

 

windshield placard or free parking sticker from a judge or

 

magistrate, the secretary of state shall cancel and destroy the

 

placard or sticker, and the disabled person to whom it was issued

 

shall not receive another placard or sticker until he or she

 

submits a completed application and presents a current medical

 

statement attesting to his or her condition. A law enforcement

 

officer who observes a misuse of a windshield placard or free

 

parking sticker may immediately confiscate the placard or sticker

 

and forward it with a copy of his or her report to the secretary of

 

state.

 

     (14) A person who intentionally makes a false statement of

 

material fact or commits or attempts to commit a deception or fraud

 

on a medical statement attesting to a disability, submitted in

 

support of an application for a windshield placard, free parking

 

sticker, special registration plate, or tab for persons with

 

disabilities under this section, section 803d, or section 803f, is


guilty of a misdemeanor punishable by a fine of not more than

 

$500.00 or imprisonment for not more than 30 days, or both.

 

     (15) A person who commits or attempts to commit a deception or

 

fraud by 1 or more of the following methods is guilty of a

 

misdemeanor punishable by a fine of not more than $500.00 or

 

imprisonment for not more than 30 days, or both:

 

     (a) Using a windshield placard or free parking sticker issued

 

under this section or by another state to provide transportation to

 

a disabled person, if the person is not providing transportation to

 

a disabled person.

 

     (b) Altering, modifying, or selling a windshield placard or

 

free parking sticker issued under this section or by another state.

 

     (c) Copying or forging a windshield placard or free parking

 

sticker described in this section or selling a copied or forged

 

placard or sticker described in this section. In the case of a

 

violation of this subdivision, the fine described in this

 

subsection shall be not less than $250.00.

 

     (d) Using a copied or forged windshield placard or free

 

parking sticker described in this section.

 

     (e) Making a false statement of material fact to obtain or

 

assist an individual in obtaining a placard or sticker described in

 

this section, a special registration plate under section 803d, or a

 

tab for persons with disabilities under section 803f.

 

     (f) Knowingly using or displaying a placard or sticker

 

described in this section that has been canceled by the secretary

 

of state.

 

     (16) Except as otherwise provided in this section, a person


who violates this section is responsible for a civil infraction.

 

     (17) The secretary of state may cancel, revoke, or suspend a

 

windshield placard or free parking sticker under any of the

 

following circumstances:

 

     (a) The secretary of state determines that a windshield

 

placard or free parking sticker was fraudulently or erroneously

 

issued.

 

     (b) The secretary of state determines that a person has made

 

or is making an unlawful use of his or her windshield placard or

 

free parking sticker.

 

     (c) The secretary of state determines that a check or draft

 

used to pay the required fee is not paid on its first presentation

 

and is not paid upon reasonable notice or demand or that the

 

required fee is paid by an invalid credit card.

 

     (d) The secretary of state determines that the person is no

 

longer eligible to receive or use a windshield placard or free

 

parking sticker.

 

     (e) The secretary of state determines that the owner has

 

committed an offense under this act involving a windshield placard

 

or free parking sticker.

 

     (f) A person has violated this act and the secretary of state

 

is authorized under this act to cancel, revoke, or suspend a

 

windshield placard or free parking sticker for that violation.

 

     (g) The secretary of state receives notice from another state

 

or foreign country that a windshield placard or free parking

 

sticker issued by the secretary of state has been surrendered by

 

the owner or seized in conformity with the laws of that other state


or foreign country or has been improperly used or displayed in

 

violation of the laws of that other state or foreign country.

 

     (18) Before a cancellation, revocation, or suspension under

 

subsection (17), the person affected by that action shall be given

 

notice and an opportunity to be heard.

 

     (19) A windshield placard issued to a disabled person shall

 

bear the first letter and the last 3 digits of the disabled

 

person's driver's or chauffeur's license number or the first letter

 

and the last 4 digits of the number on his or her official state

 

personal identification card issued under 1972 PA 222, MCL 28.291

 

to 28.300.

 

     (20) For purposes of this section only, the secretary of state

 

may accept an application for a windshield placard, special

 

registration plate, or free parking sticker from a disabled person

 

that is signed by a physician, physician assistant, or certified

 

nurse practitioner, or physical therapist licensed or certified to

 

practice in another state if the application is accompanied by a

 

copy of that physician's, physician assistant's, or certified nurse

 

practitioner's, or physical therapist's current medical license or

 

certification issued by that state.

 

     (21) This section does not require new or additional third

 

party reimbursement or worker's compensation benefits for services

 

rendered.

 

     (22) As used in this section, "disabled person" means a person

 

who is determined by a physician, a physician assistant, a physical

 

therapist, or an optometrist as specifically provided in this

 

section licensed to practice in this state to have 1 or more of the


following physical characteristics:

 

     (a) Blindness as determined by an optometrist, a physician, or

 

a physician assistant.

 

     (b) Inability to walk more than 200 feet without having to

 

stop and rest.

 

     (c) Inability to do both of the following:

 

     (i) Use 1 or both legs or feet.

 

     (ii) Walk without the use of a wheelchair, walker, crutch,

 

brace, prosthetic, or other device, or without the assistance of

 

another person.

 

     (d) A lung disease from which the person's forced expiratory

 

volume for 1 second, when measured by spirometry, is less than 1

 

liter, or from which the person's arterial oxygen tension is less

 

than 60 mm/hg of room air at rest.

 

     (e) A cardiovascular condition that causes the person to

 

measure between 3 and 4 on the New York heart classification scale,

 

or that renders the person incapable of meeting a minimum standard

 

for cardiovascular health that is established by the American heart

 

association and approved by the department of public health.

 

     (f) An arthritic, neurological, or orthopedic condition that

 

severely limits the person's ability to walk.

 

     (g) The persistent reliance upon an oxygen source other than

 

ordinary air.

 

     Sec. 803d. (1) A disabled person may make application to the

 

secretary of state and the secretary of state may issue special

 

registration plates inscribed with the official international

 

wheelchair symbol or a reasonable facsimile of that symbol and


special identification numbers. Vehicles registered pursuant to

 

under section 801(1)(a) may be issued special registration plates

 

pursuant to under this section. A vehicle which that is used to

 

transport disabled persons may qualify for these distinguishing

 

plates when the registered owner of the vehicle resides at the same

 

address as the disabled person, submits as part of his or her

 

application for the plates a statement to the effect that the

 

vehicle is used for that purpose, and provides the secretary of

 

state with a medical statement attesting to the fact that the

 

person being transported is a disabled person. The fees for the

 

special registration plates shall correspond with the registration

 

fees provided in section 801(1)(a). Application for the special

 

plates shall be on a form prescribed by the secretary of state. As

 

part of a penalty imposed for violation of the special privileges

 

conferred by this section, a magistrate or judge may order the

 

special plates confiscated and returned to the secretary of state

 

together with a certified copy of the sentence imposed. The use of

 

special plates on a vehicle other than the vehicle for which the

 

plates are issued or by a person who does not qualify under this

 

section is a misdemeanor.

 

     (2) As used in this section, "disabled person" means a person

 

who is determined by a physician, a physician assistant, a physical

 

therapist, or an optometrist as specifically provided in this

 

section licensed to practice in this state to have 1 or more of the

 

following physical characteristics:

 

     (a) Blindness as determined by an optometrist, a physician, or

 

a physician assistant.


     (b) Inability to walk more than 200 feet without having to

 

stop and rest.

 

     (c) Inability to do both of the following:

 

     (i) Use 1 or both legs or feet.

 

     (ii) Walk without the use of a wheelchair, walker, crutch,

 

brace, prosthetic, or other device, or without the assistance of

 

another person.

 

     (d) A lung disease from which the person's forced expiratory

 

volume for 1 second, when measured by spirometry, is less than 1

 

liter, or from which the person's arterial oxygen tension is less

 

than 60 mm/hg of room air at rest.

 

     (e) A cardiovascular condition that causes the person to

 

measure between 3 and 4 on the New York heart classification scale,

 

or that renders the person incapable of meeting a minimum standard

 

for cardiovascular health that is established by the American heart

 

association and approved by the department of public health.

 

     (f) An arthritic, neurological, or orthopedic condition that

 

severely limits the person's ability to walk.

 

     (g) The persistent reliance upon an oxygen source other than

 

ordinary air.

 

     Sec. 803h. (1) The secretary of state may issue a tab for

 

persons with disabilities to a disabled person who is issued or has

 

been issued a Michigan motor vehicle registration plate other than

 

a section 803d registration plate for persons with disabilities.

 

The tab for persons with disabilities shall be an adhesive tab

 

displaying the international wheelchair symbol or a reasonable

 

facsimile of that symbol. The use of a tab for persons with


disabilities on a registration plate other than the plate for which

 

the tab was issued or by a person who does not qualify as a

 

disabled person is a misdemeanor.

 

     (2) A tab for persons with disabilities shall not be used on a

 

registration plate attached to a motor vehicle owned and operated

 

by this state; a state institution; a municipality; a governmental

 

unit; a nonprofit organization; the civil air patrol; or a

 

nonprofit, nonpublic college or university; or on a commercial

 

motor vehicle. A tab for persons with disabilities shall not be

 

placed on a registration plate used for intransit-repair or

 

repossession of a motor vehicle.

 

     (3) As used in this section, "disabled person" means a person

 

who is determined by a physician, a physician assistant, a physical

 

therapist, or an optometrist as specifically provided in this

 

section licensed to practice in this state to have 1 or more of the

 

following physical characteristics:

 

     (a) Blindness as determined by an optometrist, a physician, or

 

a physician assistant.

 

     (b) Inability to walk more than 200 feet without having to

 

stop and rest.

 

     (c) Inability to do both of the following:

 

     (i) Use 1 or both legs or feet.

 

     (ii) Walk without the use of a wheelchair, walker, crutch,

 

brace, prosthetic, or other device, or without the assistance of

 

another person.

 

     (d) A lung disease from which the person's forced expiratory

 

volume for 1 second, when measured by spirometry, is less than 1


liter, or from which the person's arterial oxygen tension is less

 

than 60 mm/hg of room air at rest.

 

     (e) A cardiovascular condition that causes the person to

 

measure between 3 and 4 on the New York heart classification scale,

 

or that renders the person incapable of meeting a minimum standard

 

for cardiovascular health that is established by the American heart

 

association and approved by the department of public health.

 

     (f) An arthritic, neurological, or orthopedic condition that

 

severely limits the person's ability to walk.

 

     (g) The persistent reliance upon an oxygen source other than

 

ordinary air.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.