STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1687	By:	Derby

AS INTRODUCED

An Act relating to physically disabled parking; amending 11 O.S. 2001, Section 36-101A, as amended by Section 1, Chapter 35, O.S.L. 2009 (11 O.S. Supp. 2010, Section 36-101A), which relates to physically disabled parking and access; directing cities and towns to designate parking spaces for physically disabled wheelchair users; providing specifications; amending 47 O.S. 2001, Section 15-111, as last amended by Section 1, Chapter 302, O.S.L. 2010 (47 O.S. Supp. 2010, Section 15-111), which relates to special parking privileges for physically disabled persons; requiring recognition of placard indicating physical disability and wheelchair use; directing municipalities and political subdivisions to designate parking spaces for physically disabled  wheelchair users; providing specifications; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     11 O.S. 2001, Section 36-101A, as amended by Section 1, Chapter 35, O.S.L. 2009 (11 O.S. Supp. 2010, Section 36-101A), is amended to read as follows:
Section 36-101A.  A.  Cities and towns are hereby authorized to construct and provide parking spaces, curb cuts, ramps and signage for physically disabled parking and access for use in conjunction with facilities, both public and private, open to the general public.  The city or town may bear the cost of such construction, or at the option of the city or town and the owner of such facilities, share the cost of such construction with the owner of such facilities.
B.  Beginning January 1, 2010, the posted signage for every parking space that is designated and posted as a reserved area for the parking of a motor vehicle operated by or transporting a physically disabled person shall display sign R7-8, as provided in the latest edition of the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration of the United States Department of Transportation, which includes the words “RESERVED PARKING” and the blue and white international symbol of access.  Van-accessible physically disabled reserved parking spaces shall also display sign R7-8a immediately below sign R7-8.  Municipalities shall adopt ordinances in compliance with this subsection by January 1, 2010.  The provisions of this section shall be considered an addition to any federal or state law, rule or regulation regarding the signage requirements for physically disabled parking spaces and shall not limit or amend any other applicable laws, rules or regulations.
C.  The blue and white international symbol of access, accompanied by appropriate language including, but not limited to, “Handicapped Parking”, “Reserved for Handicapped” and “Permit Required-Towing Enforced” may be used in lieu of sign R7-8 if the sign was erected prior to January 1, 2010.
D.  Beginning January 1, 2012, cities and towns shall be required to designate a minimum of one parking space that is reserved for physically disabled wheelchair users.  A physically disabled wheelchair user parking space shall be at least nine-feet wide and shall have an adjacent access aisle that is at least five-feet wide.  All physically disabled parking spaces reserved for wheelchair users shall have a sign that includes the word “Wheelchair User Only” and shall be painted a distinctive orange color so as to provide a contrast to surrounding physically disabled parking spaces.  
SECTION 2.     AMENDATORY     47 O.S. 2001, Section 15-111, as last amended by Section 1, Chapter 302, O.S.L. 2010 (47 O.S. Supp. 2010, Section 15-111), is amended to read as follows:
Section 15-111.  A.  Municipalities and political subdivisions of the state with authority to regulate the standing or parking of vehicles shall extend special parking privileges to a physically disabled person who displays on a motor vehicle operated by or under the direction and for the use of the physically disabled person:
1.  A placard indicating physical disability or a placard indicating physical disability and wheelchair user, issued pursuant to the provisions of Section 15-112 of this title;
2.  A physically disabled license plate, issued pursuant to the provisions of Section 1135.1 of this title;
3.  A disabled veterans license plate with the international accessibility symbol, issued pursuant to the provisions of Section 1135.2 of this title;
4.  A disability sticker issued by the Department of Veterans Affairs and federal military bases; or
5.  A physically disabled placard or license plate issued by another state.
B.  No such special parking privilege, however, shall excuse the violation of any state statute, nor shall any such privilege be applicable where the standing or parking would create a dangerous situation or impede the normal flow of traffic.
C.  Municipalities and political subdivisions of the state with authority to regulate the standing or parking of vehicles shall follow the current version of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) when designing or redesigning disabled parking spaces.
D.  Beginning January 1, 2012, municipalities and political subdivisions of the state shall be required to designate a minimum of one physically disabled parking space that is reserved for physically disabled wheelchair users.  A physically disabled wheelchair user parking space shall be at least nine-feet wide and shall have an adjacent access aisle that is at least five-feet wide.  All physically disabled parking spaces reserved for wheelchair users shall have a sign that includes the word “Wheelchair User Only” and shall be painted a distinctive orange color so as to provide a contrast to surrounding physically disabled parking spaces.  
SECTION 3.  This act shall become effective January 1, 2012.

53-1-5624	GRS	01/17/11