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S1078........................................................by TRANSPORTATION
PARKING SPACES - DISABLED PERSONS - Amends existing law to require designation
of parking spaces for persons with a disability; to authorize additional
enforcement authority; to prohibit improper parking; to revise terminology; to
provide additional authority to authorize a temporary placard; and to increase
fines.
02/07 Senate intro - 1st rdg - to printing
02/10 Rpt prt - to Transp
02/21 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 28-4-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Gannon, Geddes, Goedde, Ingram, Kennedy,
Keough, Little, Lodge, Marley, McWilliams, Noble, Noh, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk
NAYS -- Davis, Hill, McKenzie, Pearce
Absent and excused -- Darrington, Malepeai, Williams
Floor Sponsor - Bailey
Title apvd - to House
03/03 House intro - 1st rdg - to Transp
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 65-4-1
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Lake, Langford, Langhorst(Wallace), Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring,
Ringo, Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr.
Speaker
NAYS -- Barrett, Kulczyk, Roberts, Smith(24)
Absent and excused -- Schaefer
Floor Sponsors - Eskridge & Denney
Title apvd - to Senate
03/17 To enrol
03/19 Rpt enrol - Pres signed
03/20 Sp signed
03/21 To Governor
03/27 Governor signed
Session Law Chapter 162
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1078
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO PARKING FOR PERSONS WITH A DISABILITY; AMENDING SECTION 49-213,
3 IDAHO CODE, TO REVISE TERMINOLOGY, TO REQUIRE DESIGNATION OF SPACES, TO
4 AUTHORIZE ADDITIONAL ENFORCEMENT AUTHORITY, TO PROHIBIT IMPROPER PARKING
5 AND TO PROVIDE PENALTIES; AND AMENDING SECTION 49-410, IDAHO CODE, TO
6 REVISE TERMINOLOGY, TO PROVIDE ADDITIONAL AUTHORITY TO AUTHORIZE A TEMPO-
7 RARY PLACARD, TO INCREASE FINES FOR MISUSE AND TO MAKE TECHNICAL CORREC-
8 TIONS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 49-213, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 49-213. PARKING SPACES FOR PERSONS WITH A DISABILITY -- MARKING AND SIGN-
13 ING -- ENFORCEMENT. (1) Local governments and owners of private property open
14 to public use may shall designate parking zones and spaces to be used exclu-
15 sively by vehicles displaying a special license plate for a person with a dis-
16 ability, or a special placard as prescribed in section 49-410, Idaho Code. Any
17 parking zones and spaces so designated shall conform to the following require-
18 ments:
19 (a) Parking lots will conform to the requirements of federal Public Law
20 101-336, Americans with disabilities act of 1990.
21 (b) One (1) parking space shall be designated for every thirty-five (35)
22 spaces of on-street parking available on each downtown street block. These
23 parking spaces shall be parallel with the sidewalk where parallel parking
24 is required, or at an angle to the sidewalk where angle parking is
25 required. Should angle parking be used, the parking spaces so designated
26 for use by a person with a disability shall conform to the federal Ameri-
27 cans with disabilities act. All accessible parking spaces shall be near
28 located on the shortest route to curb cuts and ramps for use by
29 wheelchairs and other mechanical device usage mobility aids and devices.
30 For the purposes of this section, the term "downtown" means the business
31 center of a city as designated by the city council of the city. The term
32 "street block" means that portion of a city street between consecutive
33 parallel intersections.
34 (c) For each designated parking space or area there shall be posted imme-
35 diately adjacent to, and visible from each stall or space, a sign, which
36 is at least thirty-six (36) inches above the ground, consisting of the
37 international accessibility symbol as shown in section 49-410, Idaho Code.
38 (d) Should any city desire to modify any of the requirements of subsec-
39 tion (1)(a) or (b) of this section, a city council may do so by ordinance,
40 after complying with the following requirements:
41 1. The city council, or any other body designated by the city coun-
42 cil by ordinance, shall receive a recommendation from a board, com-
43 mission or committee created in conformity with section 50-210,
2
1 Idaho Code, of which at least one-half (1/2) of the members shall be
2 persons with a disability as defined in section 49-117, Idaho Code;
3 and
4 2. The city shall cause notice of public hearing on the proposed
5 ordinance modifying the standards specified in subsection (1)(a) or
6 (b) of this section, to be published in a newspaper of general circu-
7 lation in the city at least fourteen (14) days before the public
8 hearing.
9 (2) Parking a vehicle or the standing of a vehicle in a space reserved
10 for a person with a disability, which space is signed in conformance with the
11 requirements specified in subsection (1)(c) of this section, is prohibited,
12 unless a vehicle is momentarily in the space for the purpose of allowing a
13 person with a disability to enter or leave the vehicle, or unless special
14 license plates or placard or temporary placard for a person with a disability
15 is displayed on the vehicle. It is prohibited for any person to park a motor
16 vehicle in a properly marked access aisle in a manner which prevents or rea-
17 sonably could restrict a person with a disability from entering or exiting
18 their vehicle or in such manner as it would block access to a curb cut or
19 ramp. The registered owner of a vehicle parked in violation of the provisions
20 of this subsection is guilty of an infraction, which is punishable by a fine
21 not exceeding fifty of one hundred dollars ($50.100). Vehicles parked in
22 violation of this section may be towed pursuant to provisions of state law or
23 local ordinance.
24 (3) Law enforcement officials and/or their designees as authorized by a
25 city or county are empowered to enter upon private property open to public use
26 to enforce the provisions of this section.
27 SECTION 2. That Section 49-410, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 49-410. SPECIAL LICENSE PLATES AND PLACARDS FOR PERSONS WITH A DISABILITY
30 -- PARKING PRIVILEGES -- PLACARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS --
31 ENFORCEMENT. (1) Any person with a disability as defined in section 49-117,
32 Idaho Code, or any parent or guardian of a dependent child with a disability
33 as defined in section 49-117, Idaho Code, without regard to the age of the
34 dependent child, shall be eligible for the use of special license plates bear-
35 ing the international accessible symbol, for any vehicle owned by such person
36 or owned by a qualified parent or guardian, but excluding any commercial vehi-
37 cle with a registered maximum gross weight over twenty-six thousand (26,000)
38 pounds. The parking privileges granted under the provisions of subsection (7)
39 of this section shall apply to any vehicle displaying special license plates
40 or placard issued pursuant to this section.
41 (2) Registration and license plate fees for vehicles owned by a person
42 with a disability or qualified parent or guardian of a dependent child with a
43 disability, shall be as provided, respectively, in sections 49-402, 49-434(1)
44 and 49-450, Idaho Code. Nothing in this section shall be construed as abrogat-
45 ing provisions of section 49-445, Idaho Code. The use of the special placard
46 issued under the provisions of subsection (4) of this section, shall not
47 exempt the owner of a motor vehicle from otherwise properly registering and
48 licensing the motor vehicle.
49 (3) Special license plates for persons with a disability and for the par-
50 ent or guardian of a dependent child with a disability, shall be the same size
51 and color as other license plates, and shall have displayed upon them the reg-
52 istration numbers assigned to the vehicle and to the owner. The plates shall
53 be numbered in a manner prescribed by the department, but the plates shall
3
1 display the international accessible symbol.
2 International Accessible Symbol
3 (4) The department shall issue a special placard bearing the interna-
4 tional accessible symbol and other information the department may require, to:
5 (a) Any qualified person with a disability who does not own a motor vehi-
6 cle;
7 (b) Any qualified person with a disability who owns a motor vehicle,
8 without regard to weight or use of the vehicle;
9 (c) Any parent or guardian of a dependent child with a disability who
10 owns a motor vehicle without regard to weight or use of the vehicle;
11 (d) Any business entity which is engaged in transportation of persons
12 with a disability, which business shall not be required to submit a
13 physician's certification. In addition to other application requirements,
14 a business applicant shall sign a declaration that he is engaged in the
15 transportation of persons with a disability. A business entity may
16 include, but not be limited to, hospitals, nursing homes, federal, state
17 and local governmental agencies and taxicabs.
18 (5) Any person or business issued a special placard shall affix the spe-
19 cial placard to a motor vehicle in a conspicuous place designated by the
20 department. The placard shall bear distinguishing marks, letters or numerals
21 indicating the vehicle is utilized by a permanently disabled person. When the
22 placard is affixed to a motor vehicle and the motor vehicle is transporting a
23 person with a disability, special parking privileges are granted as provided
24 in subsection (7) of this section.
25 (6) Application for special license plates, a special placard, or both as
26 applicable and at the option of the applicant, shall be made upon a form fur-
27 nished by the department and shall include a written certification by a
28 licensed physician, licensed physician assistant, or licensed advanced prac-
29 tice professional nurse verifying that the applicant's stated impairment qual-
30 ifies as a disability according to the provisions of section 49-117, Idaho
31 Code.
32 (7) Any motor vehicle displaying special license plates for a person with
33 a disability, without regard to the state of residence or displaying the spe-
34 cial placard provided in subsections (4) and (8) of this section, shall be
35 allowed to park for unlimited periods of time in parking zones or areas which
36 are otherwise restricted as to the length of time parking is permitted, to
37 park in spaces and zones designated for persons with a disability, and to park
38 in any public parking space with metered parking without being required to pay
39 any parking meter fee. The provisions of this subsection shall not be applica-
40 ble to those zones or areas in which the stopping, parking, or standing of all
41 vehicles is prohibited or which are reserved for special types of vehicles, to
42 areas where vehicular parking is prohibited for periods in excess of forty-
43 eight (48) hours, or to areas where parking is prohibited for certain periods
44 of time in order to allow snow removal, street construction or maintenance or
45 for other emergency purposes. Nothing herein shall prohibit the designation of
46 parking spaces for use by disabled persons for unlimited periods of time.
47 (8) Any person who shall submit satisfactory proof to the department that
48 he is so temporarily disabled as to be unable to move without the aid of
49 crutches or a wheelchair defined in section 49-117(7)(b), Idaho Code, shall be
50 entitled to receive for one (1) motor vehicle only, a special placard to be
51 affixed to a motor vehicle in a conspicuous place designated by the depart-
4
1 ment, bearing distinguishing marks, letters or numerals indicating that the
2 vehicle is utilized by a temporarily disabled person. This special temporary
3 placard shall expire be valid between one (1) and six (6) months from the date
4 of issuance, or sooner depending on the written authorization of the licensed
5 physician, licensed physician assistant, or licensed advanced practice profes-
6 sional nurse and 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, or as otherwise authorized by this section, to obtain parking shall con-
10 stitute an infraction punishable by a fine of fifty one hundred dollars
11 ($50.100). The second offense shall be punishable by a fine of fifty dollars
12 ($50.00) and loss of parking privileges for the registered owner of the vehi-
13 cle displaying the plates or for the person to whom the card was issued, for a
14 period of one (1) year.
15 (10) Any person who unlawfully possesses, sells, copies, duplicates,
16 distributes, manufactures or aids and abets in the unlawful possession, sale,
17 copying, duplicating, distributing or manufacturing of a special plate or
18 placard is guilty of a misdemeanor punishable by a fine not to exceed one
19 thousand dollars ($1,000), or by imprisonment in the county jail for a period
20 not to exceed thirty (30) days or by both. The court shall also impose as a
21 term of the sentence a period not to exceed forty (40) hours of community ser-
22 vice provided to a nonprofit organization which serves people with disabili-
23 ties. The unlawfully obtained special plate or placard shall be subject to
24 confiscation by law enforcement officials. Following conviction or dismissal,
25 the special plate or placard confiscated by law enforcement shall be sent to
26 the department.
27 Law enforcement officials and/or their designees as authorized by a city
28 or county shall enforce the provisions of this subsections (1) through (9) of
29 this section and are empowered, using reasonable discretion, to check personal
30 identification to determine if the user of the plate or placard is authorized
31 to use accessible parking privileges. Any fines collected shall be retained by
32 the city or county whose law enforcement official issued the citation.
STATEMENT OF PURPOSE
RS 12898
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 Idaho
Department of Transportation. 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 not to exceed
$1,000.00 for unlawful possession, use, distributing 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 107