1999 Legislation
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SENATE BILL NO. 1096 – Parking, disabled, cards, fee


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Daily Data Tracking History

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1096

                               BY TRANSPORTATION COMMITTEE

 1                                        AN ACT

 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 hundred    per
18    cent      percent  (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( 8  7 ), Idaho Code.

35        SECTION 2.  That Section 49-410, Idaho Code, be, and the  same  is  hereby
36    amended to read as follows:

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


 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  dollars
36    ($5.00)  which  shall be deposited in the state highway account established in
37    section 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 ( 8  7 ) of this section.
45        ( 7  6 )  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        (  8    7  )  Any  motor  vehicle displaying special


 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    ( 5  4 ) and ( 9  8 ) 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        (  9   8 )  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),
20    two  dollars  ($2.00) of which shall be retained by the county and credited to
21    the county current expense fund, and three dollars ($3.00) of which  shall  be
22    transmitted  to  the state treasurer for deposit in the state highway account.
23    When the card is issued by the department the five dollars  ($5.00)  shall  be
24    deposited in the state highway account. 
25        (  10  9 ) 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 / Fiscal Impact

                         STATEMENT OF PURPOSE


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

                             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.

Name: Ed Pemble
Agency: Idaho Transportation Department
Phone: 334-3660
Statement of Purpose/Fiscal Impact                       S1096