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S1096.....................................................by TRANSPORTATION
PARKING - DISABLED - Amends existing law to remove the fee required for
issuance of special accessible cards which allow special parking privileges
for permanently or temporarily disabled persons.
02/03 Senate intro - 1st rdg - to printing
02/04 Rpt prt - to Transp
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/15 Rules susp - PASSED - 30-0-5
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Geddes, Hawkins, Ingram,
Ipsen, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Dunklin, Frasure, Keough, Parry, Twiggs
Floor Sponsor - Thorne
Title apvd - to House
03/16 House intro - 1st rdg - to Transp
03/19 Rpt out - rec d/p - to 2nd rdg
Rules susp - PASSED - 53-5-12
AYES -- Barraclough, Bieter, Black, Boe, Callister, Campbell, Chase,
Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hammond, Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kempton, Kendell, Kunz, Lake, Limbaugh, Loertscher, Mader, Marley,
McKague, Meyer(Duncan), Montgomery, Moyle, Pischner, Pomeroy,
Reynolds, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie,
Stoicheff, Stone, Taylor, Tippets, Watson, Wheeler, Wood, Mr Speaker
NAYS -- Alltus, Bruneel, Hadley, Hansen(23), Ridinger
Absent and excused -- Barrett, Bell, Clark, Crow, Kellogg, Linford,
Mortensen, Stevenson, Tilman, Trail, Williams, Zimmermann
Floor Sponsor - Ringo
Title apvd - to Senate
03/22 To enrol - rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 309
Effective: 07/01/99
S1096|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1096 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO SPECIAL LICENSE PLATES AND CARDS FOR PERSONS WITH A DISABILITY; 3 AMENDING SECTION 49-403, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE 4 AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 49-410, IDAHO 5 CODE, TO REMOVE THE FEE REQUIRED FOR MOTOR VEHICLE SPECIAL ACCESSIBLE 6 CARDS FOR THE DISABLED AND TO MAKE A TECHNICAL CORRECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 49-403, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-403. DISABLED VETERAN -- LICENSE PLATES. No fee shall be charged for 11 the registration or reregistration of a motor vehicle owned by a veteran who 12 has established his rights to benefits under the provisions of Public Law 662, 13 79th Congress, as amended, and Public Law 187, 82nd Congress, as amended. No 14 fee shall be charged for the registration or reregistration of a motor vehicle 15 owned by a veteran, who is at the time of the registration or reregistration 16 receiving compensation from the veterans administration or in lieu thereof, 17 from any of the armed forces of the United States, for one hundredper18centpercent (100%) service-connected disability or for 19 any of the following specific disabilities: Loss or permanent loss of use of 20 one (1) or both feet; loss or permanent loss of use of one 21 (1) or both hands; loss of sight in both eyes or permanent impairment 22 of vision in both eyes to the degree as to constitute virtual blindness. These 23 provisions shall be considered applicable not only as to the vehicle origi- 24 nally purchased under this authorization, but also as to any vehicle subse- 25 quently purchased and owned by the same veteran, so long as the privilege 26 shall not extend to more than one (1) vehicle at a time. Special license 27 plates shall be issued for such a vehicle, identified by the inscription 28 "D.V.", and a separate number series shall be used to further identify the 29 license plates so issued. These license plates shall not be issued by the 30 counties but shall be issued by the department. The plates shall be displayed 31 in accordance with the procedure applicable to license plates set forth in 32 section 49-428, Idaho Code. A vehicle displaying plates issued in accordance 33 with the provisions of this section shall be afforded the same privileges 34 specified in section 49-410(87 ), Idaho Code. 35 SECTION 2. That Section 49-410, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 49-410. SPECIAL LICENSE PLATES AND CARDS FOR PERSONS WITH A DISABILITY -- 38 PARKING PRIVILEGES -- CARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS. (1) Any 39 person with a disability as defined in section 49-117, Idaho Code, or any par- 40 ent or guardian of a dependent child with a disability as defined in section 41 49-117, Idaho Code, without regard to the age of the dependent child, shall be 2 1 eligible for the use of special license plates bearing the international 2 accessible symbol, for any vehicle owned by such person or owned by a quali- 3 fied parent or guardian, but excluding any commercial vehicle with a regis- 4 tered maximum gross weight over sixteen thousand (16,000) pounds. 5 (2) Registration and license plate fees for vehicles owned by a person 6 with a disability or qualified parent or guardian of a dependent child with a 7 disability, shall be as provided, respectively, in sections 49-402, 49-434(1) 8 and 49-450, Idaho Code. Nothing in this section shall be construed as abrogat- 9 ing provisions of section 49-445, Idaho Code. The use of the special card 10 issued under the provisions of subsection (4) of this section, shall not 11 exempt the owner of a motor vehicle from otherwise properly registering and 12 licensing the motor vehicle. 13 (3) Special license plates for persons with a disability and for the par- 14 ent or guardian of a dependent child with a disability, shall be the same size 15 and color as other license plates, and shall have displayed upon them the reg- 16 istration numbers assigned to the vehicle and to the owner. The plates shall 17 be numbered in a manner prescribed by the department, but the plates shall 18 display the international accessible symbol. 19 International Accessible Symbol 20 (4) The department shall issue a special card bearing the international 21 accessible symbol and other information the department may require, to: 22 (a) Any qualified person with a disability who does not own a motor vehi- 23 cle; 24 (b) Any qualified person with a disability who owns a motor vehicle, 25 without regard to weight or use of the vehicle; 26 (c) Any parent or guardian of a dependent child with a disability who 27 owns a motor vehicle without regard to weight or use of the vehicle; 28 (d) Any business entity which is engaged in transportation of persons 29 with a disability, which business shall not be required to submit a 30 physician's certification. In addition to other application requirements, 31 a business applicant shall sign a declaration that he is engaged in the 32 transportation of persons with a disability. A business entity may 33 include but not be limited to hospitals, nursing homes, federal, state and 34 local governmental agencies and taxicabs. 35 (5)The fee for a special accessible card shall be five dollars36($5.00) which shall be deposited in the state highway account established in37section 40-702, Idaho Code.38(6)Any person or business issued a special card shall affix the 39 special card to a motor vehicle in a conspicuous place designated by the 40 department. The card shall bear distinguishing marks, letters or numerals 41 indicating the vehicle is utilized by a permanently disabled person. When the 42 card is affixed to a motor vehicle and the motor vehicle is transporting a 43 person with a disability, special parking privileges are granted as provided 44 in subsection (87 ) of this section. 45 (76 ) Application for special license plates, a 46 special card, or both as applicable and at the option of the applicant, shall 47 be made upon a form furnished by the department and shall include a written 48 certification by a licensed physician verifying that the applicant's stated 49 impairment qualifies as a disability according to the provisions of section 50 49-117, Idaho Code. 51 (87 ) Any motor vehicle displaying special 3 1 license plates for a person with a disability, without regard to the state of 2 residence or displaying the special card provided in subsection s 3 (54 ) and (98 ) of this sec- 4 tion, shall be allowed to park for unlimited periods of time in parking zones 5 or areas which are otherwise restricted as to the length of time parking is 6 permitted, and to park in any public parking space with metered parking with- 7 out being required to pay any parking meter fee. The provisions of this sub- 8 section shall not be applicable to those zones or areas in which the stopping, 9 parking, or standing of all vehicles is prohibited or which are reserved for 10 special types of vehicles. 11 (98 ) Any person who shall submit satisfactory 12 proof to the department that he is so temporarily disabled as to be unable to 13 move without the aid of crutches or a wheelchair, shall be entitled to receive 14 for one (1) motor vehicle only, a special card to be affixed to a motor vehi- 15 cle in a conspicuous place designated by the department, bearing distinguish- 16 ing marks, letters or numerals indicating that the vehicle is utilized by a 17 temporarily disabled person. This special temporary card shall expire six (6) 18 months from the date of issuance, or sooner as specified by the department on 19 the card.The fee for a temporary card shall be five dollars ($5.00),20two dollars ($2.00) of which shall be retained by the county and credited to21the county current expense fund, and three dollars ($3.00) of which shall be22transmitted to the state treasurer for deposit in the state highway account.23When the card is issued by the department the five dollars ($5.00) shall be24deposited in the state highway account.25 (109 ) Any unauthorized use of the plate or card 26 shall constitute an infraction punishable by a fine of fifty dollars ($50.00). 27 The second offense shall be punishable by a fine of fifty dollars ($50.00) and 28 loss of parking privileges for the registered owner of the vehicle displaying 29 the plates or for the person to whom the card was issued, for a period of one 30 (1) year. 31 Law enforcement officials shall enforce the provisions of this section and 32 are empowered, using reasonable discretion, to check personal identification 33 to determine if the user of the plate or placard is authorized to use accessi- 34 ble parking privileges. Any fines collected shall be retained by the city or 35 county whose law enforcement official issued the citation.
STATEMENT OF PURPOSE
RS08333
The purpose of this legislation is to remove the $5.00 fee
required for disability placards. In recent months, fees charged
for disability placards have come under scrutiny in a number of
states, being viewed by some as a violation of the Americans
with Disabilities Act and a form of discrimination directed
against individuals with disabilities. This legislation would
avoid the possibility of litigation and remove any question of
impropriety.
FISCAL IMPACT
This legislation removes the $5.00 fee for disability placards,
which will result in an approximate loss of $40,000 in revenue
annually (calculation based on an annual average of 8,000
disability placards issued each fiscal year) to the State
Highway Account.
CONTACT
Name: Ed Pemble
Agency: Idaho Transportation Department
Phone: 334-3660
Statement of Purpose/Fiscal Impact S1096