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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 - 2003IN 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 usemayshall 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 benear28 located on the shortest route to curb cuts and ramps for use by 29 wheelchairs and othermechanical device usagemobility 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, which36is 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 21not exceeding fiftyof 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 asto be unable to move without the aid of49crutches or a wheelchairdefined 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 shallexpirebe valid between one (1) and six (6) monthsfrom the date4of issuance, or soonerdepending 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) Anyunauthorizeduse 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 offiftyone hundred dollars 11 ($50.100).The second offense shall be punishable by a fine of fifty dollars12($50.00) and loss of parking privileges for the registered owner of the vehi-13cle displaying the plates or for the person to whom the card was issued, for a14period 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 ofthissubsections (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