BillCam

HOUSE BILL No. 6300

September 5, 2018, Introduced by Rep. LaFave and referred to the Committee on Transportation and Infrastructure.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

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

and 257.803h), section 675 as amended by 2018 PA 179, section 803f

as amended by 1998 PA 68, and section 803h as amended by 2018 PA

62.

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 is not 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 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 is not

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.

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.

(h) The secretary of state shall not issue a permanent placard

to an individual under this section unless that individual has

provided proof of Michigan residency.

(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 (20), an

application for an initial free parking sticker shall contain a

certification by a physician, physician assistant, 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, 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, certified nurse

practitioner, or physical therapist certifies or, if an individual

is not required to have a certification by a physician, a physician

assistant, 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.

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.

(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.

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.

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 or chauffeur's license number or official state

personal identification card number.

(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, 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, 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) The secretary of state shall issue a windshield placard

under this section to a totally disabled veteran who has obtained a

special registration plate under section 803f without requiring

additional proof of the totally disabled veteran's disability.

(23) (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.

(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. 803f. (1) A person who is a totally disabled veteran with

an honorable discharge from the armed services may make an

application to the secretary of state if he or she owns a private

passenger motor vehicle, and the secretary of state may issue a

special registration plate which that shall be inscribed with

special identification numbers preceded by the letters "DV" and

shall have the words "disabled veteran" inscribed beneath the

registration number. For the purposes of As used in this section,

"private passenger motor vehicle" means a motor vehicle which that

is personally owned by the disabled veteran and is used for the

primary purpose of transporting the disabled veteran and family

members of the disabled veteran, but does not include a motor home.

(2) Application for the special registration plate shall be on

a form prescribed by the secretary of state, and shall be

accompanied by a service fee of $5.00 and proof that the applicant

was honorably discharged from the armed services and either 1 of

the following:

(a) That the applicant has been determined by the veterans'

administration of the federal government to have a service-

connected total or permanent total disability rating for

compensation.

(b) That the applicant has been determined to have a service-

connected total or permanent total disability rating and is

receiving disability retirement pay from a branch of the uniformed

armed services.

(3) A special registration issued under this section is exempt

from payment of the tax provided in section 801.

(4) The special registration plate shall expire on the

birthday of the disabled veteran in a year in which new plates are

issued by the secretary of state. Application for renewal of the

special registration plate shall be accompanied by a $5.00 service

fee. The applicant shall not be required to furnish the proof

provided in subsection (2).

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

has been issued a special registration plate under this section a

tab 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 tab

for persons with disabilities may be attached only to the special

registration plate issued to the disabled person under this

section.

(6) An application for a tab for persons with disabilities

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

secretary of state shall not require the same additional proof that

the applicant is a disabled person. as is required for issuance of

a permanent windshield placard under section 675.

(7) The tab for persons with disabilities shall be issued free

of charge.

(8) When a disabled person who has been issued a tab for

persons with disabilities renews his or her special registration

plate under this section, the secretary of state shall issue a new

tab for persons with disabilities to the disabled person, free of

charge. The disabled person shall not be required to again furnish

the proof required under subsection (6).

(9) The use of the special registration plate or a tab for

persons with disabilities on a motor vehicle other than the motor

vehicle for which the special registration plate is issued, or by a

person who does not qualify under this section, is a misdemeanor.

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) The secretary of state shall issue a tab for persons with

disabilities to a totally disabled veteran who has obtained a