2001 Legislation
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SENATE BILL NO. 1102 – Parking spaces, disabled, reqmts


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Daily Data Tracking History

S1102.....................................................by TRANSPORTATION
PARKING - DISABLED PERSONS - Amends existing law relating to parking
privileges for persons with a disability to specify requirements for
parking spaces and use of parking privileges; and to provide enforcement
and penalties.
02/09    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Transp

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                       IN THE SENATE
                                    SENATE BILL NO. 1102
                                BY TRANSPORTATION COMMITTEE
  1                                        AN ACT
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION 1.  That Section 49-213, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
 12    ING  -- ENFORCEMENT. (1) Local governments and owners of private property open
 13    to public use may designate parking zones and spaces to be used exclusively by
 14    vehicles displaying a special license plate for a person with a disability, or
 15    a special card as prescribed in section 49-410, Idaho Code. Any parking  zones
 16    and spaces so designated shall conform to the following requirements:
 17        (a)  Parking  lots  will conform to the requirements of federal Public Law
 18        101-336, Americans with disabilities act of 1990.
 19        (b)  One (1) parking space shall be designated for every thirty-five  (35)
 20        spaces of on-street parking available on each downtown street block. These
 21        parking  spaces shall be parallel with the sidewalk where parallel parking
 22        is required, or at an  angle  to  the  sidewalk  where  angle  parking  is
 23        required.  Should  angle parking be used, the parking spaces so designated
 24        for use by a person with a disability shall conform to the federal  Ameri-
 25        cans  with  disabilities act.  All accessible parking spaces shall be near
 26        located on  the  shortest  route  to  curb  cuts  and  ramps  for  use  by
 27        wheelchairs  and  other mechanical device usage mobility aids and devices.
 28        For the purposes of this section, the term "downtown" means  the  business
 29        center  of  a city as designated by the city council of the city. The term
 30        "street block" means that portion of a  city  street  between  consecutive
 31        parallel intersections.
 32        (c)  For each designated parking space or area there shall be posted imme-
 33        diately  adjacent  to, and visible from each stall or space, a sign, which
 34        is at least thirty-six sixty (360) inches above the ground, consisting  of
 35        the  international  accessibility symbol as shown in section 49-410, Idaho
 36        Code.
 37        (d)  Should any city desire to modify any of the requirements  of  subsec-
 38        tion (1)(a) or (b) of this section, a city council may do so by ordinance,
 39        after complying with the following requirements:
 40             1.  The  city council, or any other body designated by the city coun-
 41             cil by ordinance, shall receive a recommendation from a  board,  com-
 42             mission  or  committee  created  in   conformity with section 50-210,
 43             Idaho Code, of which at least one-half (1/2) of the members shall  be
  1             persons  with  a disability as defined in section 49-117, Idaho Code;
  2             and
  3             2.  The city shall cause notice of public  hearing  on  the  proposed
  4             ordinance  modifying  the standards specified in subsection (1)(a) or
  5             (b) of this section, to be published in a newspaper of general circu-
  6             lation in the city at least fourteen  (14)  days  before  the  public
  7             hearing.
  8        (2)  Parking  a  vehicle  or the standing of a vehicle in a space reserved
  9    for a person with a disability, which space is signed in conformance with  the
 10    requirements  specified  in  subsection (1)(c) of this section, is prohibited,
 11    unless a vehicle is momentarily in the space for the primary purpose of allow-
 12    ing a person with a disability to enter or leave the vehicle, or  unless  spe-
 13    cial  license  plates or placard or temporary placard for a person with a dis-
 14    ability is displayed on the vehicle and a disabled person exits or enters  the
 15    vehicle. It is also prohibited for any person to park a motor vehicle not dis-
 16    playing a special plate or placard in a properly marked access aisle in a man-
 17    ner  which  prevents  or  reasonably could restrict a person with a disability
 18    from entering or exiting their vehicle or in such manner  as  it  would  block
 19    access  to  a  curb  cut  or ramp. The registered owner of a vehicle parked in
 20    violation of the provisions of this subsection is  guilty  of  an  infraction,
 21    which  is  punishable  by  a  fine  not exceeding of two hundred fifty dollars
 22    ($250.00). An illegally parked vehicle  is  subject  to  being  towed  at  the
 23    owner's expense.
 24        (3)  Law enforcement officials and/or volunteers designated by the city or
 25    county  are  empowered  to  enter  upon private property open to public use to
 26    enforce the provisions of this section.
 27        SECTION 2.  That Section 49-410, Idaho Code, be, and the  same  is  hereby
 28    amended to read as follows:
 31    ENFORCEMENT. (1) Any person with a disability as defined  in  section  49-117,
 32    Idaho  Code,  or any parent or guardian of a dependent child with a disability
 33    as defined in section 49-117, Idaho Code, without regard to  the  age  of  the
 34    dependent child, shall be eligible for the use of special license plates bear-
 35    ing  the international accessible symbol, for any vehicle owned by such person
 36    or owned by a qualified parent or guardian, but excluding any commercial vehi-
 37    cle with a registered maximum gross weight over twenty-six  thousand  (26,000)
 38    pounds.  The parking privileges granted under the provisions of subsection (7)
 39    of this section shall apply to any vehicle displaying special  license  plates
 40    or  placard  issued  pursuant  to  this subsection, provided a disabled person
 41    exits or enters the vehicle.
 42        (2)  Registration and license plate fees for vehicles owned  by  a  person
 43    with  a disability or qualified parent or guardian of a dependent child with a
 44    disability, shall be as provided, respectively, in sections 49-402,  49-434(1)
 45    and 49-450, Idaho Code. Nothing in this section shall be construed as abrogat-
 46    ing  provisions  of  section  49-445,  Idaho Code. The use of the special card
 47    issued under the provisions of subsection  (4)  of  this  section,  shall  not
 48    exempt  the  owner  of a motor vehicle from otherwise properly registering and
 49    licensing the motor vehicle.
 50        (3)  Special license plates for persons with a disability and for the par-
 51    ent or guardian of a dependent child with a disability, shall be the same size
 52    and color as other license plates, and shall have displayed upon them the reg-
 53    istration numbers assigned to the vehicle and to the owner. The  plates  shall
  1    be  numbered  in  a  manner prescribed by the department, but the plates shall
  2    display the international accessible symbol.
  3                           International Accessible Symbol
  4        (4)  The department shall issue a special  placard  bearing  the  interna-
  5    tional accessible symbol and other information the department may require, to:
  6        (a)  Any qualified person with a disability who does not own a motor vehi-
  7        cle;
  8        (b)  Any  qualified  person  with  a  disability who owns a motor vehicle,
  9        without regard to weight or use of the vehicle;
 10        (c)  Any parent or guardian of a dependent child  with  a  disability  who
 11        owns a motor vehicle without regard to weight or use of the vehicle;
 12        (d)  Any  business  entity  which  is engaged in transportation of persons
 13        with a disability, which business  shall  not  be  required  to  submit  a
 14        physician's  certification. In addition to other application requirements,
 15        a business applicant shall sign a declaration that he is  engaged  in  the
 16        transportation of persons with a disability. A business entity may include
 17        but  not be limited to, hospitals, nursing homes, federal, state and local
 18        governmental agencies and taxicabs.
 19    The parking privileges specified under subsection (7) of this section shall be
 20    valid only when a disabled person exits or enters the  vehicle.  It  shall  be
 21    unlawful  use  of  a special placard to exercise any of the parking privileges
 22    provided in this section if a disabled person does not exit or enter the vehi-
 23    cle.
 24        (5)  Any person or business issued a special placard shall affix the  spe-
 25    cial  placard  to  a  motor  vehicle  in a conspicuous place designated by the
 26    department. The placard shall bear distinguishing marks, letters  or  numerals
 27    indicating  the vehicle is utilized by a permanently disabled person. When the
 28    placard is affixed to a motor vehicle and the motor vehicle is transporting  a
 29    person  with  a disability, special parking privileges are granted as provided
 30    in subsection (7) of this section.
 31        (6)  Application for special license plates, a special placard, or both as
 32    applicable and at the option of the applicant, shall be made upon a form  fur-
 33    nished  by  the  department  and  shall  include  a written certification by a
 34    licensed physician verifying that the applicant's stated impairment  qualifies
 35    as a disability according to the provisions of section 49-117, Idaho Code. The
 36    application  for  special license plates and placards are official state docu-
 37    ments and any person knowingly providing false information in conjunction with
 38    the application is guilty of an infraction punishable by a fine of two hundred
 39    fifty dollars ($250).
 40        (7)  Any motor vehicle displaying special license plates for a person with
 41    a disability, without regard to the state of residence or displaying the  spe-
 42    cial  placard  provided  in  subsections (4) and (8) of this section, shall be
 43    allowed to park for unlimited periods of time in parking zones or areas  which
 44    are  otherwise  restricted  as  to the length of time parking is permitted, to
 45    park in spaces and zones designated for persons with a disability, and to park
 46    in any public parking space with metered parking without being required to pay
 47    any parking meter fee, provided a person with a disability exits or enters the
 48    vehicle. The provisions of this subsection shall not be  applicable  to  those
 49    zones  or areas in which the stopping, parking, or standing of all vehicles is
 50    prohibited or which are reserved for special types of vehicles, to areas where
 51    vehicular parking is prohibited for periods  in  excess  of  forty-eight  (48)
  1    hours,  or to areas where parking is prohibited for certain periods of time in
  2    order to allow snow removal, street construction or maintenance or  for  other
  3    emergency  purposes.  Nothing herein shall prohibit the designation of parking
  4    spaces for use by disabled persons for unlimited periods of time.
  5        (8)  Any person who shall submit satisfactory proof to the department that
  6    he is so temporarily disabled as to be unable  to  move  without  the  aid  of
  7    crutches or a wheelchair, shall be entitled to receive for one (1) motor vehi-
  8    cle  only, a special placard to be affixed to a motor vehicle in a conspicuous
  9    place designated by the department, bearing distinguishing marks,  letters  or
 10    numerals  indicating  that  the  vehicle is utilized by a temporarily disabled
 11    person. This special temporary placard shall expire be valid between  one  (1)
 12    and  six  (6)  months,  from  the date of issuance, or sooner depending on the
 13    physician's written authorization and as specified by the  department  on  the
 14    placard.
 15        (9) Any  unauthorized use of the plate or placard by any person other than
 16    those meeting the definition of disability under section  49-117(7)(b),  Idaho
 17    Code, to obtain parking shall constitute an infraction punishable by a fine of
 18    two hundred fifty dollars ($250.00). The second offense shall be punishable by
 19    a fine of fifty dollars ($50.00) and loss of parking privileges for the regis-
 20    tered owner of the vehicle displaying the plates or for the person to whom the
 21    card  was  issued,  for a period of one (1) year and up to forty (40) hours of
 22    community service at a nonprofit organization which serves  people  with  dis-
 23    abilities.
 24        (10) Any  person  who obtains by theft or unlawfully sells, copies, dupli-
 25    cates, manufactures or assists in the sale, copying, duplicating  or  manufac-
 26    turing  of a special plate or placard is guilty of a misdemeanor punishable by
 27    a fine of one thousand dollars ($1,000) and imprisonment for  a  time  in  the
 28    discretion  of  the  court.  The  unlawfully obtained special plate or placard
 29    shall be subject to forfeiture and confiscation by law enforcement officials.
 30        (11) Law enforcement officials and/or volunteers designated by the city or
 31    county shall enforce the provisions of this section and are  empowered,  using
 32    reasonable  discretion,  to  check personal identification to determine if the
 33    user of the plate or placard is authorized to use  accessible  parking  privi-
 34    leges.  Any  fines collected shall be retained by the city or county whose law
 35    enforcement official issued the citation.

Statement of Purpose / Fiscal Impact

RS 10743
The purpose is to make existing handicapped parking
places to be more available for those who need them.

No impact to the state’s general account.  There 
would be some additional revenue to local jurisdictions because 
of the increase in the fine.

Name: Darrel Deide 
Phone: 332-1345