2003 Legislation
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SENATE BILL NO. 1045 – Parking spaces, disabled persons

SENATE BILL NO. 1045

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Daily Data Tracking History



S1045........................................................by TRANSPORTATION
PARKING - DISABLED PERSONS - Amends existing law relating to parking for
persons with a disability to require designation of spaces, to authorize
additional enforcement authority; to prohibit improper parking; to provide
additional authority to authorize a temporary placard; and to increase fines
for misuse of temporary placards or special plates.
                                                                        
01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1045
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PARKING FOR PERSONS WITH A DISABILITY;  AMENDING  SECTION  49-213,
  3        IDAHO  CODE,  TO  REQUIRE  DESIGNATION  OF SPACES, TO AUTHORIZE ADDITIONAL
  4        ENFORCEMENT AUTHORITY AND TO PROHIBIT IMPROPER PARKING; AND AMENDING  SEC-
  5        TION  49-410,  IDAHO  CODE,  TO  REVISE TERMINOLOGY, TO PROVIDE ADDITIONAL
  6        AUTHORITY TO AUTHORIZE A TEMPORARY PLACARD, TO INCREASE FINES  FOR  MISUSE
  7        AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  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 device usage mobility aids  and  devices.
 29        For  the  purposes of this section, the term "downtown" means the business
 30        center of a city as designated by the city council of the city.  The  term
 31        "street  block"  means  that  portion of a city street between consecutive
 32        parallel 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 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
                                                                        
                                           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 in a properly marked access aisle in a manner which prevents  or  rea-
 16    sonably  could  restrict  a  person with a disability from entering or exiting
 17    their vehicle or in such manner as it would block access  to  a  curb  cut  or
 18    ramp.  The registered owner of a vehicle parked in violation of the provisions
 19    of this subsection is guilty of an infraction, which is punishable by  a  fine
 20    not  exceeding  fifty  of  one  hundred  dollars ($50.100). Vehicles parked in
 21    violation of this section may be towed pursuant to provisions of state law  or
 22    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
 15        include,  but  not be limited to, hospitals, nursing homes, federal, state
 16        and local 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 12582
     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 information brochure on disability plates and
placards will need to be revised.  However, this can be done
within existing budget constraints.  Since the legislation calls
for the fine for unauthorized parking to increase from $50.00 to
$100.00, and adds a fine of $1,000.00 for theft or unlawful use
or manufacturing, cities and counties will realize revenue
increases commensurate with the level of violations and
enforcement action taken.
Contact
Name:     Senator Cecil Ingram, 332-1315
          Kelly Buckland, 334-3800
          Mike Keithly, 939-9610
          Charles Chapin, 1-541-889-4049


STATEMENT OF PURPOSE/FISCAL NOTE                       S 104