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                                                      PRINTER'S NO. 1194

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1038 Session of 2005


        INTRODUCED BY T. STEVENSON, BARRAR, BEBKO-JONES, BELFANTI, BOYD,
           CALTAGIRONE, CAWLEY, CREIGHTON, FICHTER, GEIST, GOODMAN,
           GRUCELA, HARHAI, HARPER, HASAY, HENNESSEY, JAMES, KOTIK,
           LEACH, LEDERER, MANN, SHAPIRO, THOMAS, TIGUE, WANSACZ,
           YOUNGBLOOD, ZUG, GABIG, LEVDANSKY, KIRKLAND, CURRY, BASTIAN
           AND O'NEILL, MARCH 21, 2005

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 21, 2005

                                     AN ACT

     1  Providing for the creation of special parking spaces for
     2     pregnant women and for a penalty.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Expectant
     7  Mothers Parking Act.
     8  Section 2.  Designation.
     9     The Commonwealth or any of its political subdivisions may
    10  permit the designation of specific parking spots to be reserved
    11  for expectant mothers. Any parking spot designated as such shall
    12  be required to have appropriate signage as prescribed by the
    13  Department of Transportation.
    14  Section 3.  Placard.
    15     (a)  Application for placard.--An expectant mother may apply
    16  for the temporary use of a special parking placard of such size

     1  and design as the Department of Transportation shall specify on
     2  a form prescribed by the department. An expectant mother
     3  applying for a special parking placard shall present a
     4  statement, certified by a physician licensed to practice in this
     5  Commonwealth or in a contiguous state, that she is pregnant at
     6  the time of the application.
     7     (b)  Duration.--A special parking placard shall become void
     8  immediately upon the end of pregnancy by any means, shall not be
     9  displayed on any vehicle and shall be returned to the
    10  department.
    11  Section 4.  Use of placard.
    12     (a)  Use.--
    13         (1)  An expectant mother may use a special parking
    14     placard obtained under section 3 (relating to placard) to
    15     park in areas designated under section 2 (relating to
    16     designation). When parking the designated vehicle, the
    17     expectant mother parking placard shall be prominently
    18     displayed in such a manner that it may be viewed from the
    19     front and rear of the vehicle by hanging it from the front
    20     windshield rearview mirror of a vehicle only when that
    21     vehicle is utilizing a parking space reserved for expectant
    22     mothers. When there is no rearview mirror, or the expectant
    23     mother parking placard is not designed in such a manner to
    24     accommodate hanging from a rearview mirror, the placard shall
    25     be displayed on the dashboard.
    26         (2)  An expectant mother parking placard may also be
    27     issued for use in a vehicle in which an expectant mother is
    28     being transported.
    29     (b)  Prohibition.--
    30         (1)  Except for persons parking vehicles lawfully
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     1     displaying an expectant mother parking placard when such
     2     vehicles are being operated by or for the transportation of
     3     an expectant mother, no person shall park a vehicle on public
     4     or private property reserved for an expectant mother, which
     5     property has been so posted in accordance with regulations of
     6     the Department of Transportation which shall require a sign
     7     stating the penalty amount indicated in subsection (e) and
     8     that vehicles in violation of this subsection may be towed.
     9         (2)  Any vehicle which is unlawfully parked in a
    10     designated expectant mother parking area may be removed from
    11     that area by towing and may be reclaimed by the vehicle owner
    12     upon payment of the towing costs.
    13         (3)  Local authorities shall have the power and may, by
    14     ordinance or resolution, authorize expectant mothers to issue
    15     statements to violators or violating vehicles for violation
    16     of paragraph (1). The form of the statement shall be as
    17     prescribed by the local authorities.
    18     (c)  Unauthorized use.--An operator of a vehicle displaying
    19  an expectant mother parking placard shall not make use of the
    20  parking privileges accorded to expectant mothers under this act
    21  unless the operator is an expectant mother or unless the vehicle
    22  is being operated for the transportation of an expectant mother.
    23     (d)  Signage.--Signs required to be posted under this section
    24  shall be replaced when they become either obsolete or missing
    25  with all costs to replace the necessary signs to be borne by the
    26  persons responsible for signing the particular location.
    27     (e)  Penalty.--Any person violating this act commits a
    28  summary offense and shall, upon conviction, be sentenced to pay
    29  a fine of not less than $50 nor more than $200.
    30  Section 5.  Regulations.
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     1     The Department of Transportation shall promulgate such rules
     2  and regulations as it deems necessary to carry out the
     3  provisions of this act.
     4  Section 6.  Effective date.
     5     This act shall take effect in 60 days.

















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