2002 Legislation
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HOUSE BILL NO. 615 – Licnse plate/dsabld/Christn Science

HOUSE BILL NO. 615

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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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


                    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