Text: HSB00672 Text: HSB00674 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.23, subsection 4, Code 1995, is 1 2 amended to read as follows: 1 3 4. A vehicle which does not meet the equipment 1 4 requirements of this chapter due to the particular use for 1 5 which it is designed or intended, may be registered by the 1 6 department upon payment of appropriate fees and after 1 7 inspection and certification by the department that the 1 8 vehicle is not in an unsafe condition. A person is not 1 9 required to have a certificate of title to register a vehicle 1 10 under this subsection. If the owner elects to have a 1 11 certificate of title issued for the vehicle, a fee of ten 1 12 dollars shall be paid by the person making the application 1 13 upon issuance of a certificate of title. If the department's 1 14 inspection reveals that the vehicle may be safely operated 1 15 only under certain conditions or on certain types of roadways, 1 16 the department may restrict the registration to limit 1 17 operation of the vehicle to the appropriate conditions or 1 18 roadways. This subsection does not apply to snowmobiles as 1 19 defined in section 321G.1. Section 321.382 does not apply to 1 20 a vehicle registered under this subsection which is operated 1 21 exclusively by a handicapped person who has obtained a 1 22 handicappedidentification deviceparking permit as provided 1 23 in section 321L.2, if the handicappedidentification device1 24 parking permit is carried in or on the vehicle and shown to a 1 25 peace officer on request. 1 26 Sec. 2. Section 321.34, subsection 7, Code Supplement 1 27 1995, is amended to read as follows: 1 28 7. HANDICAPPED PLATES. The owner of a motor vehicle 1 29 subject to registration pursuant to section 321.109, 1 30 subsection 1, light delivery truck, panel delivery truck, or 1 31 pickup, who is a handicapped person, or who is the parent or 1 32 guardian of a child who resides with the parent or guardian 1 33 owner and who is a handicapped person, as defined in section 1 34 321L.1, may, upon written application to the department, order 1 35 handicapped registration plates designed by the department 2 1 bearing the international symbol of accessibility. The 2 2 handicapped registration plates shall only be issued if the 2 3 application is accompanied with a statement from a physician 2 4 licensed under chapter 148, 149, 150, or 150A, or a 2 5 chiropractor licensed under chapter 151, written on the 2 6 physician's or chiropractor's stationery, stating the nature 2 7 of the applicant's or the applicant's child's handicap and 2 8 such additional information as required by rules adopted by 2 9 the department, including proof of residency of a child who is 2 10 a handicapped person. If the application is approved by the 2 11 department the handicapped registration plates shall be issued 2 12 to the applicant in exchange for the previous registration 2 13 plates issued to the person. The department shall validate 2 14 the handicapped plates in the same manner as regular 2 15 registration plates are validated under this section at the 2 16 regular annual registration fee. However, the handicapped 2 17 plates shall not be renewed without the applicant furnishing 2 18 evidence to the department that the owner of the motor vehicle 2 19 or the owner's child is still a handicapped person as defined 2 20 in section 321L.1, unless the applicant has previously2 21provided satisfactory evidence to the department that the2 22owner of the vehicle or the owner's child is permanently2 23handicapped in which case the furnishing of additional2 24evidence shall not be required for renewal. However, an. An 2 25 owner who has a child who is a handicapped person shall 2 26 provide satisfactory evidence to the department that the 2 27 handicapped child continues to reside with the owner. The 2 28 handicapped registration plates shall be surrendered in 2 29 exchange for regular registration plates when the owner of the 2 30 motor vehicle or the owner's child no longer qualifies as a 2 31 handicapped person as defined in section 321L.1 or when the 2 32 owner's child who is a handicapped person no longer resides 2 33 with the owner. 2 34 Sec. 3. Section 321.166, subsection 6, Code Supplement 2 35 1995, is amended to read as follows: 3 1 6. Registration plates issued a disabled veteran under the 3 2 provisions of section 321.105, shall display the alphabetical 3 3 characters "DV" which shall precede the registration plate 3 4 number. The plates may also display a handicapped 3 5identificationparking sticker if issued to the disabled 3 6 veteran by the department under section 321L.2. 3 7 Sec. 4. Section 321L.1, subsections 4 and 6, Code 1995, 3 8 are amended to read as follows: 3 9 4. "Handicappedidentification device" or "device"parking 3 10 permit" meansan identification devicea permit bearing the 3 11 international symbol of accessibility issued by the department 3 12 which allows the holder to park in a handicapped parking 3 13 space, and includesathe following: 3 14 a. A handicapped registration plate issued to or for a 3 15 handicapped person under section 321.34, subsection 7, a. 3 16 b. A handicappedidentificationparking sticker affixed to 3 17 a registration plate issued to a disabled veteran under 3 18 section 321.166, subsection 6,and aor to an operator under 3 19 section 321.34. 3 20 c. A handicappedidentification hanging deviceremovable 3 21 windshield placard which is a two-sided placard for hanging 3 22 from the rearview mirror when the motor vehicle is parked in a 3 23 handicapped parking space. 3 24 6. "Handicapped parking space" means a parking space, 3 25 including the access aisle, designated for use by only motor 3 26 vehicles displaying a handicappedidentification device3 27 parking permit that meets the requirements of sections 321L.5 3 28 and 321L.6. 3 29 Sec. 5. Section 321L.1, subsection 7, Code 1995, is 3 30 amended by striking the subsection and inserting in lieu 3 31 thereof the following: 3 32 7. "Handicapped person" means a person with a disability 3 33 that limits or impairs the person's ability to walk. A person 3 34 shall be considered handicapped for purposes of this chapter 3 35 under the following circumstances: 4 1 a. The person cannot walk two hundred feet without 4 2 stopping to rest. 4 3 b. The person cannot walk without the use of, or 4 4 assistance from, a brace, cane, crutch, another person, 4 5 prosthetic device, wheelchair, or other assistive device. 4 6 c. The person is restricted by lung disease to such an 4 7 extent that the person's forced expiratory volume for one 4 8 second, when measured by spirometry, is less than one liter, 4 9 or the arterial oxygen tension is less than sixty mm/hg on 4 10 room air at rest. 4 11 d. The person uses portable oxygen. 4 12 e. The person has a cardiac condition to the extent that 4 13 the person's functional limitations are classified in severity 4 14 as class III or class IV according to standards set by the 4 15 American heart association. 4 16 f. The person is severely limited in the person's ability 4 17 to walk due to an arthritic, neurological, or orthopedic 4 18 condition. 4 19 Sec. 6. Section 321L.2, subsections 1 and 2, Code 4 20 Supplement 1995, are amended to read as follows: 4 21 1. a. A handicapped resident of the state desiring a 4 22 handicappedidentification deviceparking permit shall apply 4 23 to the department upon an application form furnished by the 4 24 department providing the applicant's name, address, date of 4 25 birth, and social security number and shall also provide a 4 26 statement from a physician licensed under chapter 148, 149, 4 27 150, or 150A, or a chiropractor licensed under chapter 151, or 4 28 a physician or chiropractor licensed to practice in a 4 29 contiguous state, written on the physician's or chiropractor's 4 30 stationery, stating the nature of the applicant's handicap and 4 31 such additional information as required by rules adopted by 4 32 the department under section 321L.8. If the person is 4 33 applying for a temporary handicapped parking permit, the 4 34 physician's or chiropractor's statement shall state the period 4 35 of time during which the person is expected to be handicapped 5 1 and the period of time for which the permit should be issued, 5 2 not to exceed six months. 5 3 A handicapped person may apply for one of the following 5 4 handicapped parking permits: 5 5 (1)Handicapped registration plates must be ordered5 6 Handicapped registration plates. An applicant may order 5 7 handicapped registration plates pursuant to section 321.34, 5 8 subsection 7. 5 9 (2) Handicapped parking sticker. An applicant who owns a 5 10 motor vehicle for which the applicant has been issued 5 11 registration plates under section 321.34 or registration 5 12 plates as a seriously disabled veteran under section 321.105 5 13 may apply to the department for a handicapped parking sticker 5 14 to be affixed to the plates. The handicapped parking stickers 5 15 shall bear the international symbol of accessibility. 5 16 (3) Removable windshield placard. A handicapped person 5 17 may apply foreither one temporary or one permanent5 18handicapped identification hanging device. Persons who seek a5 19permanent handicapped identification device shall be required5 20to furnish evidence upon initial application that they are5 21permanently handicapped. A person who has provided5 22satisfactory evidence to the department that the person is5 23permanently handicapped shall not be required to furnish5 24evidence of being handicapped at a later date, unless the5 25department deems it necessary.a temporary removable 5 26 windshield placard which shall be valid for a period of up to 5 27 six months, as determined by the physician's or chiropractor's 5 28 statement under this subsection, or a removable windshield 5 29 placard which shall be valid for the period of time in which 5 30 the handicapped person's motor vehicle license or 5 31 nonoperator's identification card is valid, but no longer than 5 32 four years. Personswho seek onlyseeking temporary 5 33handicapped identification stickers or hanging devices5 34 removable windshield placards shall be required to furnish 5 35 evidence upon initial application that they are temporarily 6 1 handicapped and, in addition, furnish evidence atthree-month6 2 subsequent intervals that they remain temporarily handicapped. 6 3 Temporaryhandicapped identification stickers and hanging6 4devicesremovable windshield placards shall be of a 6 5 distinctively different color frompermanent handicapped6 6identification stickers and hanging devicesremovable 6 7 windshield placards. Persons seeking a removable windshield 6 8 placard shall be required to furnish evidence upon renewal of 6 9 the person's motor vehicle license or renewal of the person's 6 10 nonoperator's identification card that the person is still 6 11 handicapped. The department shall issue one additional 6 12 removable windshield placard upon the request of a handicapped 6 13 person. 6 14 b. The department may issuepermanent handicapped6 15identification hanging devicesremovable windshield placards 6 16 to the followingin accordance with rules adopted by the6 17department: 6 18 (1) An organization which has a program for transporting 6 19 the handicapped or elderly. 6 20 (2) A person in the business of transporting the 6 21 handicapped or elderly. 6 22 Onehandicapped identification hanging deviceremovable 6 23 windshield placard may be issued for each vehicle used by the 6 24 organization or person for transporting the handicapped or 6 25 elderly. Ahandicapped identification hanging deviceplacard 6 26 issued under this paragraph shall be renewed every four years 6 27 from the date of issuance and shall be surrendered to the 6 28 department if the organization or person is no longer 6 29 providing the service for which thedeviceplacard was issued. 6 30 Notwithstanding section 321L.4, a person transporting 6 31 handicapped or elderly in a motor vehicle for which a 6 32handicapped identification hanging deviceplacard has been 6 33 issued under this paragraph may display thedeviceplacard in 6 34 the motor vehicle and may use a handicapped parking space 6 35 while the motor vehicle is displaying thedeviceplacard. A 7 1handicapped identification hanging deviceplacard issued under 7 2 this paragraph shall be of a distinctively different color 7 3 fromthe handicapped identification hanging devicesa placard 7 4 issued under paragraph "a". An organization issued a 7 5 removable windshield placard and a handicapped person being 7 6 transported under this subsection are exempt from the 7 7 handicapped designation requirement under section 321L.4. 7 8 c. A newhandicapped identification deviceremovable 7 9 windshield placard can be issued if the previously issued 7 10deviceplacard is reported lost, stolen, or damaged. The 7 11deviceplacard reported as being lost or stolen shall be 7 12 invalidated by the department. Adeviceplacard which is 7 13 damaged shall be returned to the department and exchanged for 7 14 a newdeviceplacard in accordance with rules adopted by the 7 15 department. 7 16 2. Any person providing false information with the intent 7 17 to defraud on the application for a handicappedidentification7 18device orparking permit used in establishing proof under 7 19 subsection 1 is subject to a civil penalty of one thousand 7 20 dollars which may be imposed by the department. A physician 7 21 or chiropractor who provides false information with the intent 7 22 to defraud on the physician's or chiropractor's statement used 7 23 in establishing proof under subsection 1 is subject to a civil 7 24 penalty of onehundredthousand dollars which may be imposed 7 25 by the department, or subject to invalidation by the7 26department of the device issued to the individual, or subject7 27to both the civil penalty and invalidation. In addition to 7 28 the civil penalty, the department shall revoke the permit 7 29 issued pursuant to this section. 7 30 Sec. 7. Section 321L.2, subsection 3, Code Supplement 7 31 1995, is amended by striking the subsection and inserting in 7 32 lieu thereof the following: 7 33 3. The removable windshield placard shall contain the 7 34 following information: 7 35 a. Each side of the placard shall include all of the 8 1 following: 8 2 (1) The international symbol of access, which is at least 8 3 three inches in height, centered on the placard, and is white 8 4 on a blue shield. 8 5 (2) An identification number. 8 6 (3) A date of expiration, which shall be of sufficient 8 7 size to be readable from outside the vehicle. 8 8 (4) The seal or other identification of the issuing 8 9 authority. 8 10 b. One side of the placard shall contain all of the 8 11 following information: 8 12 (1) A statement printed on it as follows: "Unauthorized 8 13 use of this placard as indicated in Iowa Code chapter 321L may 8 14 result in a fine, invalidation of the placard, or revocation 8 15 of the right to use the placard. This placard shall be 8 16 displayed only when the vehicle is parked in a handicapped 8 17 parking space." 8 18 (2) The return address and telephone number of the 8 19 department. 8 20 4. A removable windshield placard shall only be displayed 8 21 when the vehicle is parked in a handicapped parking space. 8 22 5. A person obtaining a handicapped parking permit 8 23 pursuant to this section, other than a person obtaining a 8 24 removable windshield placard issued under subsection 1, 8 25 paragraph "b", and a person issued a temporary removable 8 26 windshield placard pursuant to this section shall be required 8 27 to have a handicapped designation on the face of the person's 8 28 motor vehicle license or if the person does not have or is not 8 29 eligible for a motor vehicle license, the person shall apply 8 30 for a nonoperator's identification card with a handicapped 8 31 designation. A handicapped person who has been issued a 8 32 handicapped parking permit pursuant to this section shall 8 33 carry the motor vehicle license or nonoperator's 8 34 identification card in the person's possession at all times 8 35 when the handicapped parking permit is being used. 9 1 Sec. 8. Section 321L.3, Code 1995, is amended to read as 9 2 follows: 9 3 321L.3 RETURN OF HANDICAPPEDIDENTIFICATION DEVICES –9 4RETURN OF HANGING DEVICESPARKING PERMITS. 9 5 Handicappedidentification hanging devicesparking permits 9 6 shall be returned to the department upon the occurrence of any 9 7 of the following: 9 8 1. The person to whom thedevicehandicapped parking 9 9 permit has been issued is deceased. 9 10 2. The person to whom thedevicehandicapped parking 9 11 permit has been issued has moved out of state. 9 12 3. A person has found or has in the person's possession a 9 13hanging devicehandicapped parking permit that was not issued 9 14 to that person. 9 15 4. Thetemporary devicehandicapped parking permit has 9 16 expired. 9 17 5. Thedevicehandicapped parking permit has been 9 18invalidatedrevoked. 9 19 6. Thedevicehandicapped parking permit reported lost or 9 20 stolenunder section 321L.2, subsection 1,is later found or 9 21 retrieved after a subsequentdevicehandicapped parking permit 9 22 has been issued. 9 23 A person who fails to return the handicappedidentification9 24hanging device as stipulated aboveparking permit and 9 25 subsequently misuses thedevicepermit by illegally parking in 9 26 a handicapped parking space is guilty of a simple misdemeanor 9 27 and subject to a fine of up to one hundred dollarsshall be9 28imposed on the person. 9 29DevicesHandicapped parking permits may be returned to the 9 30 department as required by this section either directly to the 9 31 departmentor throughto adrivermotor vehicle license 9 32 station or any law enforcement office. 9 33 Sec. 9. Section 321L.4, Code 1995, is amended to read as 9 34 follows: 9 35 321L.4 HANDICAPPED PARKING – DISPLAY AND USE OFDEVICE10 1 PARKING PERMIT AND HANDICAPPED IDENTIFICATION DESIGNATION. 10 2 1. A handicappedidentification deviceparking permit 10 3 shall be displayed in a motor vehicle as ahanging device10 4 removable windshield placard or on a motor vehicle as a plate 10 5 or sticker as provided in section 321L.2 when being used by a 10 6 handicapped person, either as an operator or passenger. Each 10 7hanging deviceremovable windshield placard shall be of 10 8 uniform design and fabricated of durable material, suitable 10 9 for display from within the passenger compartment of a motor 10 10 vehicle, and readily transferable from one vehicle to another. 10 11 The placard shall only be displayed when the motor vehicle is 10 12 parked in a handicapped parking space. 10 13 2. The use of a handicapped parking space, located on 10 14 either public or private property as provided in sections 10 15 321L.5 and 321L.6, by a motor vehicle not displaying a 10 16 handicappedidentification deviceparking permit; by a motor 10 17 vehicle displayingsuchadevicehandicapped parking permit 10 18 but not being used by ahandicappedperson, as an operator or10 19passengerin possession of a motor vehicle license with a 10 20 handicapped designation or a nonoperator's identification card 10 21 with a handicapped designation, other than a person issued a 10 22 permit or being transported in accordance with section 321L.2, 10 23 subsection 1, paragraph "b", or by a motor vehicle in 10 24 violation of the rules adopted by the department under section 10 25 321L.8, constitutes improper use of a handicapped 10 26identification deviceparking permit, which is a misdemeanor 10 27 for which a fine shall be imposed upon the owner, operator, or 10 28 lessee of the motor vehicle or thepurchaser ofperson to whom 10 29 the handicappedidentification deviceparking permit is 10 30 issued. The fine for each violation shall be fifty dollars. 10 31 Proof of conviction of two or more violations involving 10 32 improper use of a handicappedidentification deviceparking 10 33 permit is grounds for revocation by the court or the 10 34 department of the holder's privilege to possess or use the 10 35devicehandicapped parking permit. 11 1 3. A peace officer as designated in section 801.4, 11 2 subsection 11, shall have the authority to and shall enforce 11 3 the provisions of this section on public and private property. 11 4 Sec. 10. Section 321L.5, subsection 3, paragraph c, Code 11 5 1995, is amended to read as follows: 11 6 c. An entity providing off-street nonresidential parking 11 7 as a lessor shall provide a handicapped parking space to an 11 8 individual requesting to lease a parking space, if that 11 9 individual possesses apermanenthandicappedidentification11 10deviceparking permit issued in accordance with section 11 11 321L.2. 11 12 Sec. 11. Section 321L.5, subsection 4, paragraph b, Code 11 13 1995, is amended to read as follows: 11 14 b. Upon petition by an individual possessing apermanent11 15 handicappedidentification deviceparking permit issued in 11 16 accordance with section 321L.2, the city shall review 11 17 utilization and location of existing handicapped parking 11 18 spaces for a one-month period but not more than once every 11 19 twelve months. If, upon review, the average occupancy rate 11 20 for handicapped parking spaces exceeds sixty percent during 11 21 normal business hours, the city shall provide additional 11 22 handicapped parking spaces as needed. 11 23 Sec. 12. Section 321L.8, Code 1995, is amended to read as 11 24 follows: 11 25 321L.8 HANDICAPPEDIDENTIFICATION DEVICESPARKING PERMITS 11 26 AND PARKING – RULES. 11 27 1. The department, pursuant to chapter 17A, shall adopt 11 28 rules: 11 29 a. Establishing procedures for applying to the department 11 30 for issuance ofpermanent or temporaryhandicapped 11 31identification devicesparking permits under this chapter. 11 32 b. Governing the manner in which handicapped 11 33identification devicesparking permits are to be displayed in 11 34 or on motor vehicles. 11 35 c. Regarding enforcement of this chapter. 12 1 2. The department of public safety shall adopt rules 12 2 pursuant to chapter 17A governing the manner in which 12 3 handicapped parking spaces are provided. 12 4 Sec. 13. Section 321L.9, Code 1995, is amended to read as 12 5 follows: 12 6 321L.9 RECIPROCITY. 12 7 Handicappedidentification devicesparking permits issued 12 8 lawfully by other states and foreign governmental bodies or 12 9 their political subdivisions shall be valid handicapped 12 10identification devicesparking permits for nonresidents 12 11 traveling or visiting in this state. 12 12 Sec. 14. IMPLEMENTATION. 12 13 1. A person who has been issued a permanent removable 12 14 windshield placard prior to the effective date of this Act 12 15 shall apply for a new removable windshield placard the next 12 16 time the person's motor vehicle license is issued or renewed 12 17 as provided in section 321L.2, or when application is made for 12 18 a nonoperator's identification card. 12 19 2. A person who has been issued handicapped registration 12 20 plates or handicapped identification stickers shall apply for 12 21 a handicapped designation on the person's motor vehicle 12 22 license or on the person's nonoperator's identification card 12 23 as provided in section 321L.2, the next time the person's 12 24 motor vehicle license is issued or renewed or when application 12 25 is made for a nonoperator's identification card. 12 26 3. A person who has been issued a handicapped parking 12 27 permit, but who does not possess a valid Iowa motor vehicle 12 28 license, shall apply for a nonoperator's identification card 12 29 by January 1, 1997. 12 30 Sec. 15. Section 321L.10, Code 1995, is repealed. 12 31 EXPLANATION 12 32 This bill makes several changes to the existing handicapped 12 33 parking law under chapter 321L many of which are to conform to 12 34 federal requirements. The bill changes the definition of 12 35 "handicapped person" to conform to the federal definition. 13 1 The bill authorizes the use of handicapped parking stickers on 13 2 all registration plates. 13 3 The bill changes the name of the handicapped identification 13 4 device to a removable windshield placard and changes the 13 5 length of time for which the placard is valid. Current law 13 6 allows for issuance of a permanent device which is valid for 13 7 the lifetime of the person to whom it is issued and a 13 8 temporary device which is valid for three months. This bill 13 9 strikes the permanent device and instead provides that a 13 10 regular placard must be renewed at the time the person's motor 13 11 vehicle license or nonoperator's identification card is 13 12 renewed, a maximum of every four years. A temporary placard 13 13 is valid for the length of time as determined by the 13 14 physician's or chiropractor's statement not to exceed six 13 15 months. 13 16 This bill provides for a $1,000 civil penalty for a person, 13 17 including a physician or chiropractor, who provides false 13 18 information with the intent to defraud on the statement used 13 19 to establish that a person is handicapped. 13 20 The bill requires that a handicapped person who wishes to 13 21 use a handicapped parking space must have a handicapped 13 22 designation on the person's motor vehicle license or 13 23 nonoperator's identification card. The bill provides that a 13 24 placard shall only be displayed when the person is actually 13 25 parked in a handicapped parking space. 13 26 The bill provides for enforcement of chapter 321L by a 13 27 peace officer on public or private property. 13 28 Finally, the bill provides that a person who has been 13 29 issued a permanent handicapped parking permit prior to the 13 30 effective date of the bill shall apply for a new handicapped 13 31 parking permit the next time the person's motor vehicle 13 32 license is issued or renewed and persons who have been issued 13 33 handicapped registration plates or handicapped identification 13 34 stickers shall apply for a handicapped designation by 13 35 providing a physician's or chiropractor's statement the next 14 1 time the person's motor vehicle license is issued or renewed. 14 2 LSB 3002HC 76 14 3 js/jj/8
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