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S1211aa...................................................by TRANSPORTATION
PARKING - DISABLED PERSONS - Amends existing law to provide that parking
privileges for persons with a disability are not valid unless a disabled
person exits or enters the vehicle, even though special license plates or a
special placard are displayed on the vehicle; to increase the penalty for
unauthorized use of a special plate or placard; and to delete penalty
provisions for unauthorized use of a special plate or card.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Transp
03/12 Rpt out - to 14th Ord
03/17 Rpt out amen - to engros
03/18 Rpt engros - 1st rdg - to 2nd rdg as amen
Rules susp - FAILED - 13-20-2
AYES--Andreason, Boatright, Branch, Burtenshaw, Deide, Dunklin,
Keough, King, Risch, Schroeder, Stegner, Thorne, Whitworth
NAYS--Bunderson, Cameron, Crow, Danielson, Darrington, Davis,
Frasure, Geddes, Hawkins, Ingram, Ipsen, Lee, McLaughlin, Noh,
Richardson, Riggs, Sandy, Sorensen, Stennett, Wheeler
Absent and excused--Parry, Twiggs
Floor Sponsor - Deide
Filed with Secretary of the Senate
S1211|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1211, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO PARKING PRIVILEGES FOR PERSONS WITH A DISABILITY; AMENDING SECTION 3 49-213, IDAHO CODE, TO CLARIFY THAT PARKING PRIVILEGES FOR PERSONS WITH A 4 DISABILITY SHALL APPLY ONLY IF A DISABLED PERSON EXITS OR ENTERS THE VEHI- 5 CLE EVEN THOUGH SPECIAL LICENSE PLATES OR A SPECIAL PLACARD ARE DISPLAYED 6 ON THE VEHICLE AND TO PROVIDE THAT LAW ENFORCEMENT AGENCIES MAY APPOINT 7 VOLUNTEERS TO ISSUE CITATIONS FOR VIOLATIONS OF SPECIAL PARKING PRIVI- 8 LEGES; AMENDING SECTION 49-403, IDAHO CODE, TO PROVIDE A CORRECT CITATION 9 AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 49-410, IDAHO 10 CODE, TO CLARIFY THAT SPECIAL PARKING PRIVILEGES SHALL NOT BE VALID UNLESS 11 A DISABLED PERSON EXITS OR ENTERS A VEHICLE DISPLAYING SPECIAL LICENSE 12 PLATES OR SPECIAL PLACARD, TO PROVIDE THAT NO FEE SHALL BE CHARGED FOR 13 ISSUING A SPECIAL PLACARD TO PERSONS WITH A DISABILITY, TO DELETE PENALTY 14 PROVISIONS FOR UNAUTHORIZED USE OF A SPECIAL PLATE OR CARD AND TO MAKE 15 TECHNICAL CORRECTIONS. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 49-213, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 49-213. PARKING SPACES FOR PERSONS WITH A DISABILITY -- MARKING AND SIGN- 20 ING -- ENFORCEMENT. (1) Local governments and owners of private property open 21 to public use may designate parking zones and spaces to be used exclusively by 22 vehicles displaying a special license plate for a person with a disability, or 23 a special pla card as prescribed in section 49-410, Idaho Code. 24 Any parking zones and spaces so designated shall conform to the following 25 requirements: 26 (a) Parking will conform to the requirements of federal Public Law 27 101-336, Americans with disabilities act of 1990. 28 (b) One (1) parking space shall be designated for every thirty-five (35) 29 spaces available on each downtown street block. These parking spaces shall 30 be parallel with the sidewalk where parallel parking is required, or at an 31 angle to the sidewalk where angle parking is required. Should angle park- 32 ing be used, the parking spaces so designated for use by a person with a 33 disability shall conform to the federal Americans with disabilities act. 34 All accessible parking spaces shall be near curb cuts and ramps for wheel- 35 chair and other mechanical device usage. For the purposes of this section, 36 the term "downtown" means the business center of a city as designated by 37 the city council of the city. The term "street block" means that portion 38 of a city street between consecutive parallel intersections. 39 (c) For each designated parking space or area there shall be posted imme- 40 diately adjacent to, and visible from each stall or space, a sign, which 41 is at least thirty-six (36) inches above the ground, consisting of the 42 international accessibility symbol as shown in section 49-410, Idaho Code. 43 (d) Should any city desire to modify any of the requirements of subsec- 2 1 tion (1)(a) or (b) of this section, a city council may do so by ordinance, 2 after complying with the following requirements: 3 1. The city council, or any other body designated by the city coun- 4 cil by ordinance, shall receive a recommendation from a board, com- 5 mission or committee created in conformity with section 50-210, 6 Idaho Code, of which at least one-half (1/2) of the members shall be 7 persons with a disability as defined in section 49-117, Idaho Code; 8 and 9 2. The city shall cause notice of public hearing on the proposed 10 ordinance modifying the standards specified in subsection (1)(a) or 11 (b) of this section, to be published in a newspaper of general circu- 12 lation in the city at least fourteen (14) days before the public 13 hearing. 14 (2) Parking a vehicle or the standing of a vehicle in a space reserved 15 for a person with a disability, which space is signed in conformance with the 16 requirements specified in subsection (1)(c) of this section, is prohibited, 17unless a vehicle is momentarily in the space for the purpose of allowing18a person with a disability to enter or leave the vehicle, orunless 19 special license plates or pla card or temporary card for a person 20 with a disability is displayed on the vehicle and a disabled person 21 exits or enters the vehicle . The registered owner of a vehicle parked 22 in violation of the provisions of this subsection is guilty of an infraction, 23 which is punishable by a finenot exceedingof two hundred 24 fifty dollars ($ 2 50.00). 25 (3) Law enforcement officials are empowered to enter upon private prop- 26 erty open to public use to enforce the provisions of this section. 27 (4) Law enforcement agencies may appoint volunteers to issue cita- 28 tions for violations of this section and section 49-410, Idaho Code. Before a 29 volunteer may be appointed to issue citations, he shall be at least twenty-one 30 (21) years of age and shall have received training from the law enforcement 31 agency. Any citation issued by a volunteer so appointed and trained shall have 32 the same force and effect as a citation issued by a police officer for the 33 same offense. A law enforcement agency which allows for appointment of volun- 34 teers may establish any other qualifications the agency deems desirable. 35 36 SECTION 2. That Section 49-403, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 49-403. DISABLED VETERAN -- LICENSE PLATES. No fee shall be charged for 39 the registration or reregistration of a motor vehicle owned by a veteran who 40 has established his rights to benefits under the provisions of Public Law 662, 41 79th Congress, as amended, and Public Law 187, 82nd Congress, as amended. No 42 fee shall be charged for the registration or reregistration of a motor vehicle 43 owned by a veteran, who is at the time of the registration or reregistration 44 receiving compensation from the veterans administration or in lieu thereof, 45 from any of the armed forces of the United States, for one hundredper46centpercent (100%) service-connected disability or for 47 any of the following specific disabilities: Loss or permanent loss of use of 48 one (1) or both feet; loss or permanent loss of use of one 49 (1) or both hands; loss of sight in both eyes or permanent impairment 50 of vision in both eyes to the degree as to constitute virtual blindness. These 51 provisions shall be considered applicable not only as to the vehicle origi- 52 nally purchased under this authorization, but also as to any vehicle subse- 53 quently purchased and owned by the same veteran, so long as the privilege 3 1 shall not extend to more than one (1) vehicle at a time. Special license 2 plates shall be issued for such a vehicle, identified by the inscription 3 "D.V.", " and a separate number series shall be used 4 to further identify the license plates so issued. These license plates shall 5 not be issued by the counties but shall be issued by the department. The 6 plates shall be displayed in accordance with the procedure applicable to 7 license plates set forth in section 49-428, Idaho Code. A vehicle displaying 8 plates issued in accordance with the provisions of this section shall be 9 afforded the same privileges specified in section 49-410(87 10 ), Idaho Code. 11 SECTION 3. That Section 49-410, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-410. SPECIAL LICENSE PLATES AND PLA CARDS FOR PERSONS WITH 14 A DISABILITY -- PARKING PRIVILEGES -- PLA CARDS FOR CERTAIN TEMPO- 15 RARILY DISABLED PERSONS. (1) Any person with a disability as defined in sec- 16 tion 49-117, Idaho Code, or any parent or guardian of a dependent child with a 17 disability as defined in section 49-117, Idaho Code, without regard to the age 18 of the dependent child, shall be eligible for the use of special license 19 plates bearing the international accessible symbol, for any vehicle owned by 20 such person or owned by a qualified parent or guardian, but excluding any com- 21 mercial vehicle with a registered maximum gross weight over sixteen thousand 22 (16,000) pounds. The parking privileges granted under the provisions of 23 subsection (7) of this section shall apply to any vehicle displaying special 24 license plates issued pursuant to this subsection (1), provided a disabled 25 person exits or enters the vehicle. 26 (2) Registration and license plate fees for vehicles owned by a person 27 with a disability or qualified parent or guardian of a dependent child with a 28 disability, shall be as provided, respectively, in sections 49-402, 49-434(1) 29 and 49-450, Idaho Code. Nothing in this section shall be construed as abrogat- 30 ing provisions of section 49-445, Idaho Code. The use of the special pla 31 card issued under the provisions of subsection (4) of this section, 32 shall not exempt the owner of a motor vehicle from otherwise properly regis- 33 tering and licensing the motor vehicle. 34 (3) Special license plates for persons with a disability and for the par- 35 ent or guardian of a dependent child with a disability, shall be the same size 36 and color as other license plates, and shall have displayed upon them the reg- 37 istration numbers assigned to the vehicle and to the owner. The plates shall 38 be numbered in a manner prescribed by the department, but the plates shall 39 display the international accessible symbol. 40 International Accessible Symbol 41 (4) The department shall issue a special pla card bearing the 42 international accessible symbol and other information the department may 43 require, to: 44 (a) Any qualified person with a disability who does not own a motor vehi- 45 cle; 46 (b) Any qualified person with a disability who owns a motor vehicle, 47 without regard to weight or use of the vehicle; 48 (c) Any parent or guardian of a dependent child with a disability who 49 owns a motor vehicle without regard to weight or use of the vehicle; 4 1 (d) Any business entity which is engaged in transportation of persons 2 with a disability, which business shall not be required to submit a 3 physician's certification. In addition to other application requirements, 4 a business applicant shall sign a declaration that he is engaged in the 5 transportation of persons with a disability. A business entity may include 6 but not be limited to hospitals, nursing homes, federal, state and local 7 governmental agencies and taxicabs. 8 The parking privileges specified under subsection (7) of this section 9 shall be valid only when a disabled person exits or enters the vehicle. It 10 shall be an unlawful use of a special placard to exercise any of the parking 11 privileges provided in this section if a disabled person does not exit or 12 enter the vehicle. 13 (5)The fee for a special accessible card shall be five dollars14($5.00) which shall be deposited in the state highway account established in15section 40-702, Idaho Code.1617(6)Any person or business issued a special pla 18 card shall affix the special pla card to a motor vehicle in 19 a conspicuous place designated by the department. The pla card 20 shall bear distinguishing marks, letters or numerals indicating the vehicle is 21 utilized by a permanently disabled person. When the pla card is 22 affixed to a motor vehicle and the motor vehicle is transporting a person with 23 a disability, special parking privileges are granted as provided in subsection 24 (87 ) of this section. 25 (76 ) Application for special license plates, a 26 special pla card, or both as applicable and at the option of the 27 applicant, shall be made upon a form furnished by the department and shall 28 include a written certification by a licensed physician verifying that the 29 applicant's stated impairment qualifies as a disability according to the pro- 30 visions of section 49-117, Idaho Code. 31 (87 ) Any motor vehicle displaying special 32 license plates for a person with a disability, without regard to the state of 33 residence or displaying the special pla card provided in subsec- 34 tion (54 )andor (9358 ) of this section, shall be allowed to park for unlimited 36 periods of time in parking zones or areas which are otherwise restricted 37 as to the length of time parking is permitted, to park in spaces and 38 zones designated for persons with a disability, and to park in any pub- 39 lic parking space with metered parking without being required to pay any park- 40 ing meter fee , provided a person with a disability exits or enters the 41 vehicle . The provisions of this subsection shall not be applicable to 42 those zones or areas in which the stopping, parking, or standing of all vehi- 43 cles is prohibited or which are reserved for special types of vehicles. 44 (98 ) Any person who shall submit satisfactory 45 proof to the department that he is so temporarily disabled as to be unable to 46 move without the aid of crutches or a wheelchair, shall be entitled to receive 47 for one (1) motor vehicle only, a special card to be affixed to a motor vehi- 48 cle in a conspicuous place designated by the department, bearing distinguish- 49 ing marks, letters or numerals indicating that the vehicle is utilized by a 50 temporarily disabled person. This special temporary card shall expire six (6) 51 months from the date of issuance, or sooner as specified by the department on 52 the card. The fee for a temporary card shall be five dollars ($5.00), two dol- 53 lars ($2.00) of which shall be retained by the county and credited to the 54 county current expense fund, and three dollars ($3.00) of which shall be 55 transmitted to the state treasurer for deposit in the state highway account. 5 1 When the card is issued by the department the five dollars ($5.00) shall be 2 deposited in the state highway account. 3 (10) Any unauthorized use of the plate or card shall constitute an4infraction punishable by a fine of fifty dollars ($50.00). The second offense5shall be punishable by a fine of fifty dollars ($50.00) and loss of parking6privileges for the registered owner of the vehicle displaying the plates or7for the person to whom the card was issued, for a period of one (1) year.89 (9) Law enforcement officials shall enforce the provisions of 10 this section and are empowered, using reasonable discretion, to check personal 11 identification to determine if the user of the plate or placard is authorized 12 to use accessible parking privileges. Any fines collected shall be retained by 13 the city or county whose law enforcement official issued the citation.
AS1211|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Thorne Seconded by Whitworth IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1211 1 AMENDMENT TO SECTION 3 2 On page 4 of the printed bill, delete lines 49 through 55 and insert: 3 "(10) Any unauthorized use of the plate or card shall constitute an4infraction punishable by a fine of fifty dollars ($50.00). The second offense5shall be punishable by a fine of fifty dollars ($50.00) and loss of parking6privileges for the registered owner of the vehicle displaying the plates or7for the person to whom the card was issued, for a period of one (1) year.8"; on page 5, delete line 1; and in line 2, delete " (10) " 9 and insert " (9) ". 10 CORRECTION TO TITLE 11 On page 1, in line 13, delete "INCREASE THE"; delete lines 14 and 15, and 12 in line 16, delete "WITH A DISABILITY" and insert: "DELETE PENALTY PROVISIONS 13 FOR UNAUTHORIZED USE OF A SPECIAL PLATE OR CARD".
STATEMENT OF PURPOSE
RS08897Cl
The purpose of this legislation is to make handicapped parking
spaces more accessible to the people who need to use them.
FISCAL NOTE
No fiscal impact to the state, as any minimal costs will be
offset by increased fines and enforcement.
Contact: Senator Darrel Deide - 332-1345
STATEMENT OE PURPOSE/ FTSCAL NOTE S1211