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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
|||| 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
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