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S1367aa...................................................by TRANSPORTATION
DISABLED - PARKING - Amends existing law to provide that parking privileges
for persons with a disability shall apply only if a disabled person exits
or enters the vehicle, even though special license plates or a special
placard are displayed on the vehicle; and to increase the penalty for
unauthorized use of special plates or placards.
02/04 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Transp
02/18 Rpt out - to 14th Ord
03/16 Rpt out amen - to engros
03/17 Rpt engros - 1st rdg - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/21 3rd rdg as amen - PASSED - 17-13-5
AYES--Boatright, Branch, Burtenshaw, Davis, Deide, Dunklin, Frasure,
Ingram, Keough, Riggs, Risch, Schroeder, Stegner, Thorne, Wheeler,
Whitworth, Williams
NAYS--Bunderson, Cameron, Crow, Danielson, Darrington, Hawkins,
Ipsen, King-Barrutia, Lee, McLaughlin, Parry, Richardson, Sorensen
Absent and excused--Andreason, Geddes, Noh, Sandy, Stennett
Floor Sponsor - Deide
Title apvd - to House
03/22 House intro - 1st rdg as amen - to Transp
S1367
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1367, 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, TO INCREASE THE FINE AND TO MAKE TECHNICAL CORRECTIONS;
7 AMENDING SECTION 49-410, IDAHO CODE, TO CLARIFY THAT SPECIAL PARKING PRIV-
8 ILEGES SHALL NOT BE VALID UNLESS A DISABLED PERSON EXITS OR ENTERS A VEHI-
9 CLE DISPLAYING SPECIAL LICENSE PLATES OR A SPECIAL PLACARD, TO DELETE PRO-
10 VISION FOR LOSS OF PARKING PRIVILEGES FOR A SECOND OFFENSE, TO INCREASE
11 THE PENALTY FOR UNAUTHORIZED USE OF A SPECIAL PLATE OR PLACARD, TO PROVIDE
12 A PENALTY FOR UNAUTHORIZED PARKING IN A SPACE OR ZONE DESIGNATED FOR PER-
13 SONS WITH A DISABILITY AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN
14 EFFECTIVE DATE.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 49-213, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 49-213. PARKING SPACES FOR PERSONS WITH A DISABILITY -- MARKING AND SIGN-
19 ING -- ENFORCEMENT. (1) Local governments and owners of private property open
20 to public use may designate parking zones and spaces to be used exclusively by
21 vehicles displaying a special license plate for a person with a disability, or
22 a special placard as prescribed in section 49-410, Idaho Code. Any parking
23 zones and spaces so designated shall conform to the following requirements:
24 (a) Parking will conform to the requirements of federal Public Law
25 101-336, Americans with disabilities act of 1990.
26 (b) One (1) parking space shall be designated for every thirty-five (35)
27 spaces available on each downtown street block. These parking spaces shall
28 be parallel with the sidewalk where parallel parking is required, or at an
29 angle to the sidewalk where angle parking is required. Should angle park-
30 ing be used, the parking spaces so designated for use by a person with a
31 disability shall conform to the federal Americans with disabilities act.
32 All accessible parking spaces shall be near curb cuts and ramps for wheel-
33 chair and other mechanical device usage. For the purposes of this section,
34 the term "downtown" means the business center of a city as designated by
35 the city council of the city. The term "street block" means that portion
36 of a city street between consecutive parallel intersections.
37 (c) For each designated parking space or area there shall be posted imme-
38 diately adjacent to, and visible from each stall or space, a sign, which
39 is at least thirty-six (36) inches above the ground, consisting of the
40 international accessibility symbol as shown in section 49-410, Idaho Code.
41 (d) Should any city desire to modify any of the requirements of subsec-
42 tion (1) (a) or (b) of this section, a city council may do so by ordi-
43 nance, after complying with the following requirements:
2
1 1. The city council, or any other body designated by the city coun-
2 cil by ordinance, shall receive a recommendation from a board, com-
3 mission or committee created in conformity with section 50-210,
4 Idaho Code, of which at least one-half (1/2) of the members shall be
5 persons with a disability as defined in section 49-117, Idaho Code;
6 and
7 2. The city shall cause notice of public hearing on the proposed
8 ordinance modifying the standards specified in subsection (1) (a) or
9 (b) of this section, to be published in a newspaper of general circu-
10 lation in the city at least fourteen (14) days before the public
11 hearing.
12 (2) Parking a vehicle or the standing of a vehicle in a space reserved
13 for a person with a disability, which space is signed in conformance with the
14 requirements specified in subsection (1)(c) of this section, is prohibited,
15 unless a vehicle is momentarily in the space for the primary purpose of allow-
16 ing a person with a disability to enter or leave the vehicle, or unless spe-
17 cial license plates or placard or temporary card for a person with a disabil-
18 ity is displayed on the vehicle and a disabled person exits or enters the
19 vehicle. The registered owner of a vehicle parked in violation of the provi-
20 sions of this subsection is guilty of an infraction, which is punishable by a
21 fine not exceeding two hundred fifty dollars ($250.00).
22 (3) Law enforcement officials are empowered to enter upon private prop-
23 erty open to public use to enforce the provisions of this section.
24 SECTION 2. That Section 49-410, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 49-410. SPECIAL LICENSE PLATES AND PLACARDS FOR PERSONS WITH A DISABILITY
27 -- PARKING PRIVILEGES -- PLACARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS.
28 (1) Any person with a disability as defined in section 49-117, Idaho Code, or
29 any parent or guardian of a dependent child with a disability as defined in
30 section 49-117, Idaho Code, without regard to the age of the dependent child,
31 shall be eligible for the use of special license plates bearing the interna-
32 tional accessible symbol, for any vehicle owned by such person or owned by a
33 qualified parent or guardian, but excluding any commercial vehicle with a reg-
34 istered maximum gross weight over sixteen thousand (16,000) pounds. The park-
35 ing privileges granted under the provisions of subsection (7) of this section
36 shall apply to any vehicle displaying special license plates issued pursuant
37 to this subsection (1), provided a disabled person exits or enters the vehi-
38 cle.
39 (2) Registration and license plate fees for vehicles owned by a person
40 with a disability or qualified parent or guardian of a dependent child with a
41 disability, shall be as provided, respectively, in sections 49-402, 49-434(1)
42 and 49-450, Idaho Code. Nothing in this section shall be construed as abrogat-
43 ing provisions of section 49-445, Idaho Code. The use of the special placard
44 issued under the provisions of subsection (4) of this section, shall not
45 exempt the owner of a motor vehicle from otherwise properly registering and
46 licensing the motor vehicle.
47 (3) Special license plates for persons with a disability and for the par-
48 ent or guardian of a dependent child with a disability, shall be the same size
49 and color as other license plates, and shall have displayed upon them the reg-
50 istration numbers assigned to the vehicle and to the owner. The plates shall
51 be numbered in a manner prescribed by the department, but the plates shall
52 display the international accessible symbol.
3
1 International Accessible Symbol
2 (4) The department shall issue a special placard bearing the interna-
3 tional accessible symbol and other information the department may require, to:
4 (a) Any qualified person with a disability who does not own a motor vehi-
5 cle;
6 (b) Any qualified person with a disability who owns a motor vehicle,
7 without regard to weight or use of the vehicle;
8 (c) Any parent or guardian of a dependent child with a disability who
9 owns a motor vehicle without regard to weight or use of the vehicle;
10 (d) Any business entity which is engaged in transportation of persons
11 with a disability, which business shall not be required to submit a
12 physician's certification. In addition to other application requirements,
13 a business applicant shall sign a declaration that he is engaged in the
14 transportation of persons with a disability. A business entity may
15 include, but not be limited to, hospitals, nursing homes, federal, state
16 and local governmental agencies and taxicabs.
17 The parking privileges specified under subsection (7) of this section shall be
18 valid only when a disabled person exits or enters the vehicle. It shall be an
19 unlawful use of a special placard to exercise any of the parking privileges
20 provided in this section if a disabled person does not exit or enter the vehi-
21 cle.
22 (5) Any person or business issued a special placard shall affix the spe-
23 cial placard to a motor vehicle in a conspicuous place designated by the
24 department. The placard shall bear distinguishing marks, letters or numerals
25 indicating the vehicle is utilized by a permanently disabled person. When the
26 placard is affixed to a motor vehicle and the motor vehicle is transporting a
27 person with a disability, special parking privileges are granted as provided
28 in subsection (7) of this section.
29 (6) Application for special license plates, a special placard, or both as
30 applicable and at the option of the applicant, shall be made upon a form fur-
31 nished by the department and shall include a written certification by a
32 licensed physician verifying that the applicant's stated impairment qualifies
33 as a disability according to the provisions of section 49-117, Idaho Code.
34 (7) Any motor vehicle displaying special license plates for a person with
35 a disability, without regard to the state of residence or displaying the spe-
36 cial placard provided in subsections (4) and (8) of this section, shall be
37 allowed to park for unlimited periods of time in parking zones or areas which
38 are otherwise restricted as to the length of time parking is permitted, to
39 park in spaces and zones designated for persons with a disability, and to park
40 in any public parking space with metered parking without being required to pay
41 any parking meter fee, provided a person with a disability exits or enters the
42 vehicle. The provisions of this subsection shall not be applicable to those
43 zones or areas in which the stopping, parking, or standing of all vehicles is
44 prohibited or which are reserved for special types of vehicles.
45 (8) Any person who shall submit satisfactory proof to the department that
46 he is so temporarily disabled as to be unable to move without the aid of
47 crutches or a wheelchair, shall be entitled to receive for one (1) motor vehi-
48 cle only, a special placard to be affixed to a motor vehicle in a conspicuous
49 place designated by the department, bearing distinguishing marks, letters or
50 numerals indicating that the vehicle is utilized by a temporarily disabled
51 person. This special temporary placard shall expire six (6) months from the
4
1 date of issuance, or sooner as specified by the department on the placard.
2 (9) Any unauthorized use of the plate or placard shall constitute an
3 infraction punishable by a fine of up to two hundred fifty dollars ($250.00).
4 The second offense shall be punishable by a fine of up to two hundred fifty
5 dollars ($250.00). and loss of parking privileges for the registered owner of
6 the vehicle displaying the plates or for the person to whom the card was
7 issued, for a period of one (1) year Any unauthorized parking in a space or
8 zone designated for persons with a disability shall constitute an infraction
9 punishable by a fine of two hundred fifty dollars ($250).
10 (10) Law enforcement officials shall enforce the provisions of this sec-
11 tion and are empowered, using reasonable discretion, to check personal identi-
12 fication to determine if the user of the plate or placard is authorized to use
13 accessible parking privileges. Any fines collected shall be retained by the
14 city or county whose law enforcement official issued the citation.
15 SECTION 3. This act shall be in full force and effect on and after July
16 1, 2000.
AS1367
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Deide
Seconded by Riggs
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1367
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 15, delete "momentarily" and
3 insert: "momentarily", and also in line 15, following the second "the" insert:
4 "primary"; in line 20, delete "not" and insert: "not"; and in line 21, delete
5 "exceeding of" and insert: "exceeding".
6 AMENDMENTS TO SECTION 2
7 On page 4, in line 3, following "of" insert: "up to"; in line 4, following
8 "of" insert: "up to"; and in line 9, following "of" insert: "up to".
STATEMENT OF PURPOSE
RS 09689
To increase availability of designated Handicapped Parking places for those who
are qualified to use them.
FISCAL IMPACT
This legislation has minimal fiscal impact on the department. The informational
brochure on disability plates and placards will need to be revised. However, this
can be done within existing budget constraints. Since the legislation call for the
fine for unauthorized parking to increase from $50.00 to $250.00, cities and
counties will realize revenue increases commensurate with the level of violations
and enforcement actions taken.
Contact
Name: Senator Darrel Deide
Phone: 332-1345
STATEMENT OF PURPOSE/FISCAL NOTE S1367