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S1320aa...................................................by TRANSPORTATION PARKING - DISABLED PERSONS - Amends existing law to provide clarification of the requirements governing parking spaces to be designated for persons with disabilities; to provide clarification of the requirements governing special plates and placards to be used by persons with disabilities; and to provide penalties for violations. 01/23 Senate intro - 1st rdg - to printing 01/24 Rpt prt - to Transp 02/06 Rpt out - to 14th Ord 02/08 Rpt out amen - to engros 02/11 Rpt engros - 1st rdg - to 2nd rdg as amen 02/12 2nd rdg - to 3rd rdg as amen 02/15 3rd rdg as amen - FAILED - 15-19-1 AYES--Boatright, Bunderson, Deide, Dunklin, Frasure, Keough, King-Barrutia, Little, Marley, Risch, Sandy, Schroeder, Stegner, Thorne, Wheeler NAYS--Andreason, Branch(Bartlett), Brandt, Burtenshaw, Cameron, Darrington, Davis, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Lodge, Noh, Richardson, Sims, Sorensen, Williams Absent and excused--Stennett Floor Sponsor - Deide To Secretary of Senate
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1320 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO PARKING PRIVILEGES FOR PERSONS WITH A DISABILITY; AMENDING SECTION 3 49-213, IDAHO CODE, TO PROVIDE CLARIFICATION OF REQUIREMENTS GOVERNING 4 PARKING SPACES TO BE DESIGNATED AND TO INCREASE PENALTIES FOR VIOLATION; 5 AND AMENDING SECTION 49-410, IDAHO CODE, TO PROVIDE CLARIFICATION OF 6 REQUIREMENTS GOVERNING SPECIAL PLATES OR PLACARDS TO BE USED BY PERSONS 7 WITH DISABILITIES AND PROVIDING PENALTIES FOR VIOLATION. 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: 11 49-213. PARKING SPACES FOR PERSONS WITH A DISABILITY -- MARKING AND SIGN- 12 ING -- ENFORCEMENT. (1) Local governments and owners of private property open 13 to public usemayshall designate parking zones and spaces to be used exclu- 14 sively by vehicles displaying a special license plate for a person with a dis- 15 ability, or a special placard as prescribed in section 49-410, Idaho Code. Any 16 parking zones and spaces so designated shall conform to the following require- 17 ments: 18 (a) Parking lots will conform to the requirements of federal Public Law 19 101-336, Americans with disabilities act of 1990. 20 (b) One (1) parking space shall be designated for every thirty-five (35) 21 spaces of on street parking available on each downtown street block. These 22 parking spaces shall be parallel with the sidewalk where parallel parking 23 is required, or at an angle to the sidewalk where angle parking is 24 required. Should angle parking be used, the parking spaces so designated 25 for use by a person with a disability shall conform to the federal Ameri- 26 cans with disabilities act. All accessible parking spaces shall benear27 located on the shortest route to curb cuts and ramps for use by 28 wheelchairs and othermechanicalmobility aids and devices.usage.For the 29 purposes of this section, the term "downtown" means the business center of 30 a city as designated by the city council of the city. The term "street 31 block" means that portion of a city street between consecutive parallel 32 intersections. 33 (c) For each designated parking space or area there shall be posted imme- 34 diately adjacent to, and visible from each stall or space, a sign, which35is at least thirty-six (36) inches above the ground,consisting of the 36 international accessibility symbol as shown in section 49-410, Idaho 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 ordi- 39 nance, 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 2 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 purpose of allowing a 12 person with a disability to enter or leave the vehicle, or unless special 13 license plates or placard or temporary placard for a person with a disability 14 is displayed on the vehicle. It is prohibited for any person to park a motor 15 vehicle not displaying a special plate or placard in a properly marked access 16 aisle in a manner which prevents or reasonably could restrict a person with a 17 disability from entering or exiting their vehicle or in such manner as it 18 would block access to a curb cut or ramp. The registered owner of a vehicle 19 parked in violation of the provisions of this subsection is guilty of an 20 infraction, which is punishable by a finenot exceeding fiftyof one hundred 21 dollars ($50.100). Vehicles parked in violation of this section may be towed 22 pursuant to provisions of state law or local ordinance. 23 (3) Law enforcement officials and/or their designees as authorized by a 24 city or county are empowered to enter upon private property open to public use 25 to enforce the provisions of this section. 26 SECTION 2. That Section 49-410, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 49-410. SPECIAL LICENSE PLATES AND PLACARDS FOR PERSONS WITH A DISABILITY 29 -- PARKING PRIVILEGES -- PLACARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS -- 30 ENFORCEMENT. (1) Any person with a disability as defined in section 49-117, 31 Idaho Code, or any parent or guardian of a dependent child with a disability 32 as defined in section 49-117, Idaho Code, without regard to the age of the 33 dependent child, shall be eligible for the use of special license plates bear- 34 ing the international accessible symbol, for any vehicle owned by such person 35 or owned by a qualified parent or guardian, but excluding any commercial vehi- 36 cle with a registered maximum gross weight over twenty-six thousand (26,000) 37 pounds. The parking privileges granted under the provisions of subsection (7) 38 of this section shall apply to any vehicle displaying special license plates 39 or placard issued pursuant to this section. 40 (2) Registration and license plate fees for vehicles owned by a person 41 with a disability or qualified parent or guardian of a dependent child with a 42 disability, shall be as provided, respectively, in sections 49-402, 49-434(1) 43 and 49-450, Idaho Code. Nothing in this section shall be construed as abrogat- 44 ing provisions of section 49-445, Idaho Code. The use of the special placard 45 issued under the provisions of subsection (4) of this section, shall not 46 exempt the owner of a motor vehicle from otherwise properly registering and 47 licensing the motor vehicle. 48 (3) Special license plates for persons with a disability and for the par- 49 ent or guardian of a dependent child with a disability, shall be the same size 50 and color as other license plates, and shall have displayed upon them the reg- 51 istration numbers assigned to the vehicle and to the owner. The plates shall 52 be numbered in a manner prescribed by the department, but the plates shall 53 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 include 15 but not be limited to hospitals, nursing homes, federal, state and local 16 governmental agencies and taxicabs. 17 (5) Any person or business issued a special placard shall affix the spe- 18 cial placard to a motor vehicle in a conspicuous place designated by the 19 department. The placard shall bear distinguishing marks, letters or numerals 20 indicating the vehicle is utilized by a permanently disabled person. When the 21 placard is affixed to a motor vehicle and the motor vehicle is transporting a 22 person with a disability, special parking privileges are granted as provided 23 in subsection (7) of this section. 24 (6) Application for special license plates, a special placard, or both as 25 applicable and at the option of the applicant, shall be made upon a form fur- 26 nished by the department and shall include a written certification by a 27 licensed physician verifying that the applicant's stated impairment qualifies 28 as a disability according to the provisions of section 49-117, Idaho Code. The 29 application for special license plates and placards are official state docu- 30 ments and any person knowingly providing false information in conjunction with 31 the application shall be guilty of a felony pursuant to section 18-3203, Idaho 32 Code. 33 (7) Any motor vehicle displaying special license plates for a person with 34 a disability, without regard to the state of residence or displaying the spe- 35 cial placard provided in subsections (4) and (8) of this section, shall be 36 allowed to park for unlimited periods of time in parking zones or areas which 37 are otherwise restricted as to the length of time parking is permitted, to 38 park in spaces and zones designated for persons with a disability, and to park 39 in any public parking space with metered parking without being required to pay 40 any parking meter fee. The provisions of this subsection shall not be applica- 41 ble to those zones or areas in which the stopping, parking, or standing of all 42 vehicles is prohibited or which are reserved for special types of vehicles, to 43 areas where vehicular parking is prohibited for periods in excess of forty- 44 eight (48) hours, or to areas where parking is prohibited for certain periods 45 of time in order to allow snow removal, street construction or maintenance or 46 for other emergency purposes. Nothing herein shall prohibit the designation of 47 parking spaces for use by disabled persons for unlimited periods of time. 48 (8) Any person who shall submit satisfactory proof to the department that 49 he is so temporarily disabled asto be unable to move without the aid of50crutches or a wheelchairdefined in section 49-117(7)(b), Idaho Code, shall be 51 entitled to receive for one (1) motor vehicle only, a special placard to be 4 1 affixed to a motor vehicle in a conspicuous place designated by the depart- 2 ment, bearing distinguishing marks, letters or numerals indicating that the 3 vehicle is utilized by a temporarily disabled person. This special temporary 4 placard shallexpirebe valid between one (1) and six (6) monthsfrom the date5of issuance, or soonerdepending on the physician's written authorization and 6 as specified by the department on the placard. 7 (9) Anyunauthorizeduse of the plate or placard by any person other than 8 those meeting the definition of disability under section 49-117(7)(b), Idaho 9 Code, to obtain parking shall constitute an infraction punishable by a fine of 10fiftyone hundred dollars ($50.100).The second offense shall be punishable by11a fine of fifty dollars ($50.00) and loss of parking privileges for the regis-12tered owner of the vehicle displaying the plates or for the person to whom the13card was issued, for a period of one (1) year.14 (10) Any person who obtains by theft, or unlawfully sells, copies, dupli- 15 cates, manufactures or assists in the sale, copying, duplicating or manufac- 16 turing of a special plate or placard is guilty of a misdemeanor punishable by 17 a fine of one thousand dollars ($1,000), imprisonment for a time at the dis- 18 cretion of the court and up to forty (40) hours of community service at a non- 19 profit organization which serves people with disabilities. The unlawfully 20 obtained special plate or placard shall be subject to forfeiture and confisca- 21 tion by law enforcement officials. 22 Law enforcement officials and/or their designees as authorized by a city 23 or county shall enforce the provisions of this section and are empowered, 24 using reasonable discretion, to check personal identification to determine if 25 the user of the plate or placard is authorized to use accessible parking priv- 26 ileges. Any fines collected shall be retained by the city or county whose law 27 enforcement official issued the citation.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Deide Seconded by Sandy IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1320 1 AMENDMENTS TO SECTION 2 2 On page 3 of the printed bill, in line 27, following "physician" insert: 3 ", licensed physician assistant, or licensed advanced practice professional 4 nurse"; in line 28, delete "The" and delete lines 29, 30, 31 and 32; and on 5 page 4, in line 5, delete "physician's"; and also in line 5, following "autho- 6 rization" insert: "of the licensed physician, licensed physician assistant, or 7 licensed advanced practice professional nurse".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1320, 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 PROVIDE CLARIFICATION OF REQUIREMENTS GOVERNING 4 PARKING SPACES TO BE DESIGNATED AND TO INCREASE PENALTIES FOR VIOLATION; 5 AND AMENDING SECTION 49-410, IDAHO CODE, TO PROVIDE CLARIFICATION OF 6 REQUIREMENTS GOVERNING SPECIAL PLATES OR PLACARDS TO BE USED BY PERSONS 7 WITH DISABILITIES AND PROVIDING PENALTIES FOR VIOLATION. 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: 11 49-213. PARKING SPACES FOR PERSONS WITH A DISABILITY -- MARKING AND SIGN- 12 ING -- ENFORCEMENT. (1) Local governments and owners of private property open 13 to public usemayshall designate parking zones and spaces to be used exclu- 14 sively by vehicles displaying a special license plate for a person with a dis- 15 ability, or a special placard as prescribed in section 49-410, Idaho Code. Any 16 parking zones and spaces so designated shall conform to the following require- 17 ments: 18 (a) Parking lots will conform to the requirements of federal Public Law 19 101-336, Americans with disabilities act of 1990. 20 (b) One (1) parking space shall be designated for every thirty-five (35) 21 spaces of on street parking available on each downtown street block. These 22 parking spaces shall be parallel with the sidewalk where parallel parking 23 is required, or at an angle to the sidewalk where angle parking is 24 required. Should angle parking be used, the parking spaces so designated 25 for use by a person with a disability shall conform to the federal Ameri- 26 cans with disabilities act. All accessible parking spaces shall benear27 located on the shortest route to curb cuts and ramps for use by 28 wheelchairs and othermechanicalmobility aids and devices.usage.For the 29 purposes of this section, the term "downtown" means the business center of 30 a city as designated by the city council of the city. The term "street 31 block" means that portion of a city street between consecutive parallel 32 intersections. 33 (c) For each designated parking space or area there shall be posted imme- 34 diately adjacent to, and visible from each stall or space, a sign, which35is at least thirty-six (36) inches above the ground,consisting of the 36 international accessibility symbol as shown in section 49-410, Idaho 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 ordi- 39 nance, 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 2 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 purpose of allowing a 12 person with a disability to enter or leave the vehicle, or unless special 13 license plates or placard or temporary placard for a person with a disability 14 is displayed on the vehicle. It is prohibited for any person to park a motor 15 vehicle not displaying a special plate or placard in a properly marked access 16 aisle in a manner which prevents or reasonably could restrict a person with a 17 disability from entering or exiting their vehicle or in such manner as it 18 would block access to a curb cut or ramp. The registered owner of a vehicle 19 parked in violation of the provisions of this subsection is guilty of an 20 infraction, which is punishable by a finenot exceeding fiftyof one hundred 21 dollars ($50.100). Vehicles parked in violation of this section may be towed 22 pursuant to provisions of state law or local ordinance. 23 (3) Law enforcement officials and/or their designees as authorized by a 24 city or county are empowered to enter upon private property open to public use 25 to enforce the provisions of this section. 26 SECTION 2. That Section 49-410, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 49-410. SPECIAL LICENSE PLATES AND PLACARDS FOR PERSONS WITH A DISABILITY 29 -- PARKING PRIVILEGES -- PLACARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS -- 30 ENFORCEMENT. (1) Any person with a disability as defined in section 49-117, 31 Idaho Code, or any parent or guardian of a dependent child with a disability 32 as defined in section 49-117, Idaho Code, without regard to the age of the 33 dependent child, shall be eligible for the use of special license plates bear- 34 ing the international accessible symbol, for any vehicle owned by such person 35 or owned by a qualified parent or guardian, but excluding any commercial vehi- 36 cle with a registered maximum gross weight over twenty-six thousand (26,000) 37 pounds. The parking privileges granted under the provisions of subsection (7) 38 of this section shall apply to any vehicle displaying special license plates 39 or placard issued pursuant to this section. 40 (2) Registration and license plate fees for vehicles owned by a person 41 with a disability or qualified parent or guardian of a dependent child with a 42 disability, shall be as provided, respectively, in sections 49-402, 49-434(1) 43 and 49-450, Idaho Code. Nothing in this section shall be construed as abrogat- 44 ing provisions of section 49-445, Idaho Code. The use of the special placard 45 issued under the provisions of subsection (4) of this section, shall not 46 exempt the owner of a motor vehicle from otherwise properly registering and 47 licensing the motor vehicle. 48 (3) Special license plates for persons with a disability and for the par- 49 ent or guardian of a dependent child with a disability, shall be the same size 50 and color as other license plates, and shall have displayed upon them the reg- 51 istration numbers assigned to the vehicle and to the owner. The plates shall 52 be numbered in a manner prescribed by the department, but the plates shall 53 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 include 15 but not be limited to hospitals, nursing homes, federal, state and local 16 governmental agencies and taxicabs. 17 (5) Any person or business issued a special placard shall affix the spe- 18 cial placard to a motor vehicle in a conspicuous place designated by the 19 department. The placard shall bear distinguishing marks, letters or numerals 20 indicating the vehicle is utilized by a permanently disabled person. When the 21 placard is affixed to a motor vehicle and the motor vehicle is transporting a 22 person with a disability, special parking privileges are granted as provided 23 in subsection (7) of this section. 24 (6) Application for special license plates, a special placard, or both as 25 applicable and at the option of the applicant, shall be made upon a form fur- 26 nished by the department and shall include a written certification by a 27 licensed physician, licensed physician assistant, or licensed advanced prac- 28 tice professional nurse verifying that the applicant's stated impairment qual- 29 ifies as a disability according to the provisions of section 49-117, Idaho 30 Code. 31 (7) Any motor vehicle displaying special license plates for a person with 32 a disability, without regard to the state of residence or displaying the spe- 33 cial placard provided in subsections (4) and (8) of this section, shall be 34 allowed to park for unlimited periods of time in parking zones or areas which 35 are otherwise restricted as to the length of time parking is permitted, to 36 park in spaces and zones designated for persons with a disability, and to park 37 in any public parking space with metered parking without being required to pay 38 any parking meter fee. The provisions of this subsection shall not be applica- 39 ble to those zones or areas in which the stopping, parking, or standing of all 40 vehicles is prohibited or which are reserved for special types of vehicles, to 41 areas where vehicular parking is prohibited for periods in excess of forty- 42 eight (48) hours, or to areas where parking is prohibited for certain periods 43 of time in order to allow snow removal, street construction or maintenance or 44 for other emergency purposes. Nothing herein shall prohibit the designation of 45 parking spaces for use by disabled persons for unlimited periods of time. 46 (8) Any person who shall submit satisfactory proof to the department that 47 he is so temporarily disabled asto be unable to move without the aid of48crutches or a wheelchairdefined in section 49-117(7)(b), Idaho Code, shall be 49 entitled to receive for one (1) motor vehicle only, a special placard to be 50 affixed to a motor vehicle in a conspicuous place designated by the depart- 51 ment, bearing distinguishing marks, letters or numerals indicating that the 4 1 vehicle is utilized by a temporarily disabled person. This special temporary 2 placard shallexpirebe valid between one (1) and six (6) monthsfrom the date3of issuance, or soonerdepending on the written authorization of the licensed 4 physician, licensed physician assistant, or licensed advanced practice profes- 5 sional nurse and as specified by the department on the placard. 6 (9) Anyunauthorizeduse of the plate or placard by any person other than 7 those meeting the definition of disability under section 49-117(7)(b), Idaho 8 Code, to obtain parking shall constitute an infraction punishable by a fine of 9fiftyone hundred dollars ($50.100).The second offense shall be punishable by10a fine of fifty dollars ($50.00) and loss of parking privileges for the regis-11tered owner of the vehicle displaying the plates or for the person to whom the12card was issued, for a period of one (1) year.13 (10) Any person who obtains by theft, or unlawfully sells, copies, dupli- 14 cates, manufactures or assists in the sale, copying, duplicating or manufac- 15 turing of a special plate or placard is guilty of a misdemeanor punishable by 16 a fine of one thousand dollars ($1,000), imprisonment for a time at the dis- 17 cretion of the court and up to forty (40) hours of community service at a non- 18 profit organization which serves people with disabilities. The unlawfully 19 obtained special plate or placard shall be subject to forfeiture and confisca- 20 tion by law enforcement officials. 21 Law enforcement officials and/or their designees as authorized by a city 22 or county shall enforce the provisions of this section and are empowered, 23 using reasonable discretion, to check personal identification to determine if 24 the user of the plate or placard is authorized to use accessible parking priv- 25 ileges. Any fines collected shall be retained by the city or county whose law 26 enforcement official issued the citation.
STATEMENT OF PURPOSE RS 11674C1 The purpose of this legislation is to increase the availability of designated accessible 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. This legislation calls for the fine for unauthorized parking to increase from $50.00 to $100.00. It also adds a fine of $1,000.00 for theft or unlawful use or manufacturing of special plates and placards. Therefore, cities and counties will realize revenue increases commensurate with the level of violations and enforcement actions taken. Contact Name: Senator Darrel Deide Phone: 332-1328 STATEMENT OF PURPOSE/FISCAL NOTE S 1320