A3019

An Act concerning motor vehicles used to transport certain developmentally disabled persons and supplementing chapter 4 of Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. For purposes of this act, “developmental disability" means a severe, chronic disability of a person which:

a. is attributable to a mental or physical impairment or combination of mental or physical impairments;

b. is manifest before age 22;

c. is likely to continue indefinitely;

d. results in substantial functional limitations in three or more of the following areas of major life activity, that is, self‑care, receptive and expressive language, learning, mobility, self‑direction and capacity for independent living or economic self‑sufficiency; and

e. reflects the need for a combination and sequence of special inter-disciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.

Developmental disability includes, but is not limited to, severe disabilities attributable to mental retardation, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are met.

2. The Chief Administrator of the New Jersey Motor Vehicle Commission, upon application, shall issue a special insignia for a passenger automobile registered in this State that is used to transport a person with a developmental disability. The insignia shall be of a design and shall be posted or attached to the passenger automobile in a place and manner to be determined by the chief administrator. The fee for the issuance of an insignia issued under this section shall be determined by the chief administrator; provided, however, that fee shall not exceed the actual costs incurred by the commission in issuing the insignia. The insignia shall be renewable annually by the chief administrator at the time fixed for the annual registration of the passenger automobile.

No more than one insignia may be issued to an approved applicant who provides transportation for a person with a developmental disability.

3. The chief administrator, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

4. A passenger automobile registered in this State and used to transport a person with a developmental disability, and which is properly identified by an insignia in accordance with the provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), is authorized to park in a space appropriately marked for vehicles for the physically handicapped pursuant to law whenever the vehicle is being used to transport a person with a developmental disability.

5. This act shall take effect on the first day of the seventh month next following enactment; provided, however, the chief administrator may take any anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

This bill authorizes the Chief Administrator of the New Jersey Motor Vehicle Commission to issue special insignias for the passenger automobiles of individuals who provide transport to persons with developmental disabilities. Under the provisions of the bill, the vehicles with these insignias would be permitted to park in handicapped parking spaces when they are being used to transport a person with a developmental disability.

A "developmental disability," as used in the bill, means a severe, chronic disability which is attributable to a mental or physical impairment or combination of mental or physical impairments; is manifest before age 22; is likely to continue indefinitely; and results in substantial functional limitations. It includes, but is not limited to, severe disabilities attributable to mental retardation, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments.

Currently, vehicles owned or operated by a public entity or by a public or private nonprofit organization that are used to transport persons with developmental disabilities may lawfully park in handicapped parking spaces.