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H0615......................................................by STATE AFFAIRS LICENSE PLATES - DISABLED - Amends existing law relating to special motor vehicle license plates and cards for persons with a disability to provide that an applicant's written certification certifying that the applicant's stated impairment qualifies as a disability may be made by a duly accredited Christian Science practitioner who is listed in the current edition of the Christian Science Journal. 02/11 House intro - 1st rdg - to printing 02/12 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 615 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SPECIAL LICENSE PLATES AND CARDS FOR PERSONS WITH A DISABILITY; 3 AMENDING SECTION 49-410, IDAHO CODE, TO PROVIDE THAT AN APPLICANT'S WRIT- 4 TEN CERTIFICATION VERIFYING THAT THE APPLICANT'S STATED IMPAIRMENT QUALI- 5 FIES AS A DISABILITY MAY BE MADE BY A DULY ACCREDITED CHRISTIAN SCIENCE 6 PRACTITIONER LISTED IN THE CURRENT EDITION OF THE CHRISTIAN SCIENCE JOUR- 7 NAL. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 49-410, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 49-410. SPECIAL LICENSE PLATES AND CARDS FOR PERSONS WITH A DISABILITY -- 12 PARKING PRIVILEGES -- CARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS. (1) Any 13 person with a disability as defined in section 49-117, Idaho Code, or any par- 14 ent or guardian of a dependent child with a disability as defined in section 15 49-117, Idaho Code, without regard to the age of the dependent child, shall be 16 eligible for the use of special license plates bearing the international 17 accessible symbol, for any vehicle owned by such person or owned by a quali- 18 fied parent or guardian, but excluding any commercial vehicle with a regis- 19 tered maximum gross weight over twenty-six thousand (26,000) pounds. 20 (2) Registration and license plate fees for vehicles owned by a person 21 with a disability or qualified parent or guardian of a dependent child with a 22 disability, shall be as provided, respectively, in sections 49-402, 49-434(1) 23 and 49-450, Idaho Code. Nothing in this section shall be construed as abrogat- 24 ing provisions of section 49-445, Idaho Code. The use of the special card 25 issued under the provisions of subsection (4) of this section, shall not 26 exempt the owner of a motor vehicle from otherwise properly registering and 27 licensing the motor vehicle. 28 (3) Special license plates for persons with a disability and for the par- 29 ent or guardian of a dependent child with a disability, shall be the same size 30 and color as other license plates, and shall have displayed upon them the reg- 31 istration numbers assigned to the vehicle and to the owner. The plates shall 32 be numbered in a manner prescribed by the department, but the plates shall 33 display the international accessible symbol. 34 International Accessible Symbol 35 (4) The department shall issue a special card bearing the international 36 accessible symbol and other information the department may require, to: 37 (a) Any qualified person with a disability who does not own a motor vehi- 38 cle; 39 (b) Any qualified person with a disability who owns a motor vehicle, 2 1 without regard to weight or use of the vehicle; 2 (c) Any parent or guardian of a dependent child with a disability who 3 owns a motor vehicle without regard to weight or use of the vehicle; 4 (d) Any business entity which is engaged in transportation of persons 5 with a disability, which business shall not be required to submit a 6 physician's certification. In addition to other application requirements, 7 a business applicant shall sign a declaration that he is engaged in the 8 transportation of persons with a disability. A business entity may include 9 but not be limited to hospitals, nursing homes, federal, state and local 10 governmental agencies and taxicabs. 11 (5) Any person or business issued a special card shall affix the special 12 card to a motor vehicle in a conspicuous place designated by the department. 13 The card shall bear distinguishing marks, letters or numerals indicating the 14 vehicle is utilized by a permanently disabled person. When the card is affixed 15 to a motor vehicle and the motor vehicle is transporting a person with a dis- 16 ability, special parking privileges are granted as provided in subsection (7) 17 of this section. 18 (6) Application for special license plates, a special card, or both as 19 applicable and at the option of the applicant, shall be made upon a form fur- 20 nished by the department and shall include a written certification by a 21 licensed physician or a duly accredited Christian Science practitioner listed 22 in the current edition of the Christian Science journal, verifying that the 23 applicant's stated impairment qualifies as a disability according to the pro- 24 visions of section 49-117, Idaho Code. 25 (7) Any motor vehicle displaying special license plates for a person with 26 a disability, without regard to the state of residence or displaying the spe- 27 cial card provided in subsections (4) and (8) of this section, shall be 28 allowed to park for unlimited periods of time in parking zones or areas which 29 are otherwise restricted as to the length of time parking is permitted, and to 30 park in any public parking space with metered parking without being required 31 to pay any parking meter fee. The provisions of this subsection shall not be 32 applicable to those zones or areas in which the stopping, parking, or standing 33 of all vehicles is prohibited or which are reserved for special types of vehi- 34 cles, to areas where vehicular parking is prohibited for periods in excess of 35 forty-eight (48) hours, or to areas where parking is prohibited for certain 36 periods of time in order to allow snow removal, street construction or mainte- 37 nance or for other emergency purposes. Nothing herein shall prohibit the des- 38 ignation of parking spaces for use by disabled persons for unlimited periods 39 of time. 40 (8) Any person who shall submit satisfactory proof to the department that 41 he is so temporarily disabled as to be unable to move without the aid of 42 crutches or a wheelchair, shall be entitled to receive for one (1) motor vehi- 43 cle only, a special card to be affixed to a motor vehicle in a conspicuous 44 place designated by the department, bearing distinguishing marks, letters or 45 numerals indicating that the vehicle is utilized by a temporarily disabled 46 person. This special temporary card shall expire six (6) months from the date 47 of issuance, or sooner as specified by the department on the card. 48 (9) Any unauthorized use of the plate or card shall constitute an infrac- 49 tion punishable by a fine of fifty dollars ($50.00). The second offense shall 50 be punishable by a fine of fifty dollars ($50.00) and loss of parking privi- 51 leges for the registered owner of the vehicle displaying the plates or for the 52 person to whom the card was issued, for a period of one (1) year. 53 Law enforcement officials shall enforce the provisions of this section and 54 are empowered, using reasonable discretion, to check personal identification 55 to determine if the user of the plate or placard is authorized to use accessi- 3 1 ble parking privileges. Any fines collected shall be retained by the city or 2 county whose law enforcement official issued the citation.
STATEMENT OF PURPOSE RS 11882 The purpose of this legislation is to add language to the Code that will make it possible for the written certification required for obtaining a handicapped parking permit to be provided by a Christian Science practitioner. FISCAL IMPACT No impact to the general fund. Contact Name: Rep. Eulalie Langford Phone: 208 332-1000 Rep. Margaret Henbest STATEMENT OF PURPOSE/FISCAL NOTE H 615