2002 Legislation
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SENATE BILL NO. 1320 – Parking, disabled persons, reqmt

SENATE BILL NO. 1320

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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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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 use may shall 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 be near
 27        located on  the  shortest  route  to  curb  cuts  and  ramps  for  use  by
 28        wheelchairs and other mechanical mobility 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, which
 35        is 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 fine not exceeding fifty of 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 as to be unable  to  move  without  the  aid  of
 50    crutches or a wheelchair defined 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 shall expire be valid between one (1) and six (6) months from the date
  5    of  issuance, or sooner depending on the physician's written authorization and
  6    as specified by the department on the placard.
  7        (9)  Any unauthorized use 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
 10    fifty one hundred dollars ($50.100). The second offense shall be punishable by
 11    a fine of fifty dollars ($50.00) and loss of parking privileges for the regis-
 12    tered owner of the vehicle displaying the plates or for the person to whom the
 13    card 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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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 use may shall 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 be near
 27        located on  the  shortest  route  to  curb  cuts  and  ramps  for  use  by
 28        wheelchairs and other mechanical mobility 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, which
 35        is 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 fine not exceeding fifty of 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 as to be unable  to  move  without  the  aid  of
 48    crutches or a wheelchair defined 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 shall expire be valid between one (1) and six (6) months from the date
  3    of  issuance, or sooner depending 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)  Any unauthorized use 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
  9    fifty one hundred dollars ($50.100). The second offense shall be punishable by
 10    a fine of fifty dollars ($50.00) and loss of parking privileges for the regis-
 11    tered owner of the vehicle displaying the plates or for the person to whom the
 12    card 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 / Fiscal Impact


                         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