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Senate File 213

Partial Bill History

Bill Text

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 handicapped identification device parking permit as provided
  1 23 in section 321L.2, if the handicapped identification device
  1 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 1995, is
  1 27 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 fee for the handicapped
  2 14 plates is five dollars which is in addition to the regular
  2 15 annual registration fee.  The department shall validate the
  2 16 handicapped plates in the same manner as regular registration
  2 17 plates are validated under this section at the regular annual
  2 18 registration fee.  However, the handicapped plates shall not
  2 19 be renewed without the applicant furnishing evidence to the
  2 20 department that the owner of the motor vehicle or the owner's
  2 21 child is still a handicapped person as defined in section
  2 22 321L.1, unless the applicant has previously provided
  2 23 satisfactory evidence to the department that the owner of the
  2 24 vehicle or the owner's child is permanently handicapped in
  2 25 which case the furnishing of additional evidence shall not be
  2 26 required for renewal.  However, an An owner who has a child
  2 27 who is a handicapped person shall provide satisfactory
  2 28 evidence to the department that the handicapped child
  2 29 continues to reside with the owner.  The handicapped
  2 30 registration plates shall be surrendered in exchange for
  2 31 regular registration plates when the owner of the motor
  2 32 vehicle or the owner's child no longer qualifies as a
  2 33 handicapped person as defined in section 321L.1 or when the
  2 34 owner's child who is a handicapped person no longer resides
  2 35 with the owner.
  3  1    Sec. 3.  Section 321.166, subsection 6, Code 1995, is
  3  2 amended to read as follows:
  3  3    6.  Registration plates issued a disabled veteran under the
  3  4 provisions of section 321.105, shall display the alphabetical
  3  5 characters "DV" which shall precede the registration plate
  3  6 number.  The plates may also display a handicapped
  3  7 identification parking sticker if issued to the disabled
  3  8 veteran by the department under section 321L.2.
  3  9    Sec. 4.  Section 321.189, subsection 4, Code 1995, is
  3 10 amended to read as follows:
  3 11    4.  SYMBOLS.  Upon the request of a licensee, the
  3 12 department shall indicate on the license the presence of a
  3 13 medical condition or that the licensee is a donor under the
  3 14 uniform anatomical gift law.  The license shall contain a
  3 15 designation that the licensee is a handicapped person as
  3 16 defined in section 321L.1.  The license may contain such other
  3 17 information as the department may require by rule.
  3 18    Sec. 5.  Section 321.190, Code 1995, is amended by adding
  3 19 the following new subsection:
  3 20    NEW SUBSECTION.  4.  SYMBOLS.  Upon the request of a
  3 21 nonoperator's identification cardholder the department shall
  3 22 indicate on the card the presence of a medical condition or
  3 23 that the cardholder is a donor under the uniform anatomical
  3 24 gift law.  The nonoperator's identification card shall contain
  3 25 a designation that the cardholder is a handicapped person as
  3 26 defined in section 321L.1.  The nonoperator's identification
  3 27 card may contain such other information as the department may
  3 28 require by rule.
  3 29    Sec. 6.  Section 321L.1, subsections 4 and 6, Code 1995,
  3 30 are amended to read as follows:
  3 31    4.  "Handicapped identification device" or "device" parking
  3 32 permit" means an identification device a permit bearing the
  3 33 international symbol of accessibility issued by the department
  3 34 which allows the holder to park in a handicapped parking
  3 35 space, and includes a handicapped registration plate issued to
  4  1 or for a handicapped person under section 321.34, subsection
  4  2 7, a handicapped identification parking sticker affixed to a
  4  3 registration plate issued to a disabled veteran under section
  4  4 321.166, subsection 6, or to a radio operator under section
  4  5 321.34, subsection 3, and a handicapped identification hanging
  4  6 parking device which is a placard for hanging from the
  4  7 rearview mirror when the motor vehicle is parked.
  4  8    6.  "Handicapped parking space" means a parking space,
  4  9 including the access aisle, designated for use by only motor
  4 10 vehicles displaying a handicapped identification device
  4 11 parking permit that meets the requirements of sections 321L.5
  4 12 and 321L.6.
  4 13    Sec. 7.  Section 321L.2, Code 1995, is amended to read as
  4 14 follows:
  4 15    321L.2  HANDICAPPED IDENTIFICATION DEVICES PARKING PERMITS
  4 16 &endash; APPLICATION AND ISSUANCE &endash; HANDICAPPED PARKING
  4 17 IDENTIFICATION CARD.
  4 18    1.  a.  A handicapped resident of the state desiring a
  4 19 handicapped identification device parking permit shall apply
  4 20 to the department upon an application form furnished by the
  4 21 department providing the applicant's name, address, date of
  4 22 birth, and social security number and shall also provide a
  4 23 statement from a physician licensed under chapter 148, 149,
  4 24 150, or 150A, or a chiropractor licensed under chapter 151, or
  4 25 a physician or chiropractor licensed to practice in a
  4 26 contiguous state, written on the physician's or chiropractor's
  4 27 stationery, stating the nature of the applicant's handicap and
  4 28 such additional information as required by rules adopted by
  4 29 the department under section 321L.8.  If the person is
  4 30 applying for a temporary handicapped permit, the physician's
  4 31 or chiropractor's statement shall state the period of time
  4 32 during which the person is expected to be handicapped and the
  4 33 period of time for which the permit should be issued, not to
  4 34 exceed three months.
  4 35    A handicapped person may apply for one of the following
  5  1 handicapped parking permits:
  5  2    (1)  Handicapped registration plates must be ordered
  5  3 HANDICAPPED REGISTRATION PLATES.  An applicant may order
  5  4 handicapped registration plates pursuant to section 321.34,
  5  5 subsection 7.
  5  6    (2)  HANDICAPPED PARKING STICKER.  An applicant who owns a
  5  7 motor vehicle for which the applicant has been issued radio
  5  8 operator registration plates under section 321.34, subsection
  5  9 3, or registration plates as a seriously disabled veteran
  5 10 under section 321.105 may apply to the department for a
  5 11 handicapped parking sticker to be affixed to the plates.  The
  5 12 handicapped parking stickers shall bear the international
  5 13 symbol of accessibility.
  5 14    (3)  HANDICAPPED PARKING DEVICE.  A handicapped person may
  5 15 apply for either one temporary or one permanent handicapped
  5 16 identification hanging device.  Persons who seek a permanent
  5 17 handicapped identification device shall be required to furnish
  5 18 evidence upon initial application that they are permanently
  5 19 handicapped.  A person who has provided satisfactory evidence
  5 20 to the department that the person is permanently handicapped
  5 21 shall not be required to furnish evidence of being handicapped
  5 22 at a later date, unless the department deems it necessary. a
  5 23 temporary handicapped parking device which shall be valid for
  5 24 a period of up to three months, as determined by the
  5 25 physician's or chiropractor's statement under this subsection,
  5 26 or a regular handicapped parking device which shall be valid
  5 27 for the period of time in which the handicapped person's motor
  5 28 vehicle license or nonoperator's identification card is valid,
  5 29 but no longer than four years.  Persons who seek only seeking
  5 30 temporary handicapped identification stickers or hanging
  5 31 parking devices shall be required to furnish evidence upon
  5 32 initial application that they are temporarily handicapped and,
  5 33 in addition, furnish evidence at three-month subsequent
  5 34 intervals that they remain temporarily handicapped.  Temporary
  5 35 handicapped identification stickers and hanging parking
  6  1 devices shall be of a distinctively different color from
  6  2 permanent handicapped identification stickers and hanging
  6  3 regular handicapped parking devices.  Persons seeking a
  6  4 regular handicapped parking device shall be required to
  6  5 certify upon renewal of the person's motor vehicle license or
  6  6 renewal of the person's nonoperator's identification card that
  6  7 the person is still handicapped.  A person shall not be
  6  8 required to submit a chiropractor's or physician's statement
  6  9 at the time of renewal of the person's motor vehicle license
  6 10 or nonoperator's identification card.  However, if the
  6 11 department has reason to believe that the person is no longer
  6 12 eligible for a handicapped parking permit, the department may
  6 13 require that the person submit a physician's or chiropractor's
  6 14 statement indicating that the person is still eligible for a
  6 15 handicapped parking permit.
  6 16    b.  The department may issue permanent handicapped
  6 17 identification hanging regular handicapped parking devices to
  6 18 the following in accordance with rules adopted by the
  6 19 department:
  6 20    (1)  An organization which has a program for transporting
  6 21 the handicapped or elderly.
  6 22    (2)  A person in the business of transporting the
  6 23 handicapped or elderly.
  6 24    One handicapped identification hanging parking device may
  6 25 be issued for each vehicle used by the organization or person
  6 26 for transporting the handicapped or elderly.  A handicapped
  6 27 identification hanging parking device issued under this
  6 28 paragraph shall be renewed every four years from the date of
  6 29 issuance and shall be surrendered to the department if the
  6 30 organization or person is no longer providing the service for
  6 31 which the device was issued.  Notwithstanding section 321L.4,
  6 32 a person transporting handicapped or elderly in a motor
  6 33 vehicle for which a handicapped identification hanging parking
  6 34 device has been issued under this paragraph may display the
  6 35 device in the motor vehicle and may use a handicapped parking
  7  1 space while the motor vehicle is displaying the device.  A
  7  2 handicapped identification hanging parking device issued under
  7  3 this paragraph shall be of a distinctively different color
  7  4 from the handicapped identification hanging devices a
  7  5 handicapped parking device issued under paragraph "a".  An
  7  6 organization issued a handicapped parking device and a
  7  7 handicapped person being transported under this subsection are
  7  8 exempt from the handicapped designation requirement under
  7  9 section 321L.4.
  7 10    c.  A new handicapped identification parking device can be
  7 11 issued if the previously issued device is reported lost,
  7 12 stolen, or damaged.  The device reported as being lost or
  7 13 stolen shall be invalidated by the department.  A device which
  7 14 is damaged shall be returned to the department and exchanged
  7 15 for a new device in accordance with rules adopted by the
  7 16 department.
  7 17    2.  Any person providing false information with the intent
  7 18 to defraud on the application for a handicapped identification
  7 19 device or parking permit used in establishing proof under
  7 20 subsection 1 is subject to a civil penalty of one hundred
  7 21 dollars which may be imposed by the department.  A physician
  7 22 or chiropractor who provides false information with the intent
  7 23 to defraud on the physician's or chiropractor's statement used
  7 24 in establishing proof under subsection 1 is subject to a civil
  7 25 penalty of one hundred thousand dollars which may be imposed
  7 26 by the department, or subject to invalidation by the
  7 27 department of the device issued to the individual, or subject
  7 28 to both the civil penalty and invalidation.  In addition to
  7 29 the civil penalty, the department shall revoke the permit
  7 30 issued under this section.
  7 31    3.  Each handicapped identification device shall be
  7 32 acquired by the department and sold at a cost not to exceed
  7 33 five dollars, to handicapped persons upon application on forms
  7 34 prescribed by the department.  Before delivering a handicapped
  7 35 identification device to a handicapped person the The
  8  1 department shall permanently affix to the handicapped parking
  8  2 device a unique number which may be used by the department to
  8  3 identify the individual to whom the device is issued.  A
  8  4 temporary handicapped identification hanging device shall have
  8  5 the and the expiration date permanently affixed to the device.
  8  6 Expiration dates and identification numbers affixed to
  8  7 handicapped identification hanging devices which shall be of
  8  8 sufficient size to be readable from outside the vehicle.  One
  8  9 side of the handicapped parking device shall have the
  8 10 following statement printed on it:  "Unauthorized use of this
  8 11 device as indicated in Iowa Code chapter 321L may result in a
  8 12 fine, invalidation of the device, or revocation of the right
  8 13 to use the device." The device shall also include the return
  8 14 address and telephone number of the department.
  8 15    A handicapped person who owns a motor vehicle for which the
  8 16 handicapped person has been issued radio operator registration
  8 17 plates under section 321.34, subsection 3, or registration
  8 18 plates as a seriously disabled veteran under section 321.105
  8 19 may apply to the department for a handicapped identification
  8 20 sticker to be affixed to the plates.  The handicapped
  8 21 identification stickers shall bear the international symbol of
  8 22 accessibility.  The handicapped identification stickers shall
  8 23 be acquired by the department and sold at a cost not to exceed
  8 24 five dollars, to eligible handicapped persons upon application
  8 25 on forms prescribed by the department.
  8 26    4.  All persons receiving a handicapped parking permit
  8 27 under this section except persons receiving a handicapped
  8 28 parking device issued under subsection 1, paragraph "b", and
  8 29 persons issued a temporary parking device shall be required to
  8 30 have a handicapped designation on the face of the person's
  8 31 motor vehicle license or if the person does not have or is not
  8 32 eligible for a motor vehicle license, the person shall apply
  8 33 for a nonoperator's identification card with a handicapped
  8 34 designation.  A handicapped person who has been issued a
  8 35 permit under this section shall carry the motor vehicle
  9  1 license or nonoperator's identification card in the person's
  9  2 possession at all times when the handicapped parking permit is
  9  3 being used.
  9  4    Sec. 8.  Section 321L.3, Code 1995, is amended to read as
  9  5 follows:
  9  6    321L.3  RETURN OF HANDICAPPED IDENTIFICATION DEVICES &endash;
  9  7 RETURN OF HANGING DEVICES PARKING PERMITS.
  9  8    Handicapped identification hanging devices parking permits
  9  9 shall be returned to the department upon the occurrence of any
  9 10 of the following:
  9 11    1.  The person to whom the device handicapped parking
  9 12 permit has been issued is deceased.
  9 13    2.  The person to whom the device handicapped parking
  9 14 permit has been issued has moved out of state.
  9 15    3.  A person has found or has in the person's possession a
  9 16 hanging device handicapped parking permit that was not issued
  9 17 to that person.
  9 18    4.  The temporary device handicapped parking permit has
  9 19 expired.
  9 20    5.  The device handicapped parking permit has been
  9 21 invalidated revoked.
  9 22    6.  The device handicapped parking permit reported lost or
  9 23 stolen under section 321L.2, subsection 1, is later found or
  9 24 retrieved after a subsequent device handicapped parking permit
  9 25 has been issued.
  9 26    A person who fails to return the handicapped identification
  9 27 hanging device as stipulated above parking permit and
  9 28 subsequently misuses the device permit by illegally parking in
  9 29 a handicapped parking space is guilty of a simple misdemeanor
  9 30 and subject to a fine of one hundred dollars shall be imposed
  9 31 on the person.
  9 32    Devices Handicapped parking permits may be returned to the
  9 33 department as required by this section either directly to the
  9 34 department or through a driver license station or any law
  9 35 enforcement office.
 10  1    Sec. 9.  Section 321L.4, Code 1995, is amended to read as
 10  2 follows:
 10  3    321L.4  HANDICAPPED PARKING &endash; DISPLAY AND USE OF DEVICE
 10  4 PARKING PERMIT AND HANDICAPPED IDENTIFICATION CARD.
 10  5    1.  A handicapped identification device parking permit or
 10  6 device shall be displayed in a motor vehicle as a hanging
 10  7 device or on a motor vehicle as a plate or sticker as provided
 10  8 in section 321L.2 when being used by a handicapped person,
 10  9 either as an operator or passenger.  Each hanging handicapped
 10 10 parking device shall be of uniform design and fabricated of
 10 11 durable material, suitable for display from within the
 10 12 passenger compartment of a motor vehicle, and readily
 10 13 transferable from one vehicle to another.
 10 14    2.  The use of a handicapped parking space, located on
 10 15 either public or private property as provided in sections
 10 16 321L.5 and 321L.6, by a motor vehicle not displaying a
 10 17 handicapped identification device parking permit; by a motor
 10 18 vehicle displaying such a device handicapped parking permit
 10 19 but not being used by a handicapped person, as an operator or
 10 20 passenger in possession of a motor vehicle license with a
 10 21 handicapped designation or a nonoperator's identification card
 10 22 with a handicapped designation, other than a person issued a
 10 23 permit or being transported in accordance with section 321L.2,
 10 24 subsection 1, paragraph "b"; or by a motor vehicle in
 10 25 violation of the rules adopted by the department under section
 10 26 321L.8, constitutes improper use of a handicapped
 10 27 identification device parking permit, which is a misdemeanor
 10 28 for which a fine shall be imposed upon the owner, operator, or
 10 29 lessee of the motor vehicle or the purchaser of person to whom
 10 30 the handicapped identification device parking permit was
 10 31 issued.  The fine for each violation shall be fifty dollars.
 10 32 Proof of conviction of two or more violations involving
 10 33 improper use of a handicapped identification device parking
 10 34 permit is grounds for revocation by the court or the
 10 35 department of the holder's privilege to possess or use the
 11  1 device parking permit.
 11  2    3.  A peace officer as designated in section 801.4,
 11  3 subsection 11, shall have the authority to and shall enforce
 11  4 the provisions of this section on public and private property.
 11  5    Sec. 10.  Section 321L.5, subsection 3, paragraph c, Code
 11  6 1995, is amended to read as follows:
 11  7    c.  An entity providing off-street nonresidential parking
 11  8 as a lessor shall provide a handicapped parking space to an
 11  9 individual requesting to lease a parking space, if that
 11 10 individual possesses a permanent regular handicapped
 11 11 identification device parking permit issued in accordance with
 11 12 section 321L.2.
 11 13    Sec. 11.  Section 321L.5, subsection 4, paragraph b, Code
 11 14 1995, is amended to read as follows:
 11 15    b.  Upon petition by an individual possessing a permanent
 11 16 regular handicapped identification device parking permit
 11 17 issued in accordance with section 321L.2, the city shall
 11 18 review utilization and location of existing handicapped
 11 19 parking spaces for a one-month period but not more than once
 11 20 every twelve months.  If, upon review, the average occupancy
 11 21 rate for handicapped parking spaces exceeds sixty percent
 11 22 during normal business hours, the city shall provide
 11 23 additional handicapped parking spaces as needed.
 11 24    Sec. 12.  IMPLEMENTATION.
 11 25    1.  A person who has been issued a permanent handicapped
 11 26 parking device prior to the effective date of this Act shall
 11 27 apply for a new handicapped parking permit the next time the
 11 28 person's motor vehicle license is issued or renewed as
 11 29 provided in section 321L.2, or when application is made for a
 11 30 nonoperator's identification card.
 11 31    2.  A person who has been issued handicapped registration
 11 32 plates or handicapped parking stickers shall apply for a
 11 33 handicapped parking designation on the person's motor vehicle
 11 34 license or on the person's nonoperator's identification card
 11 35 or handicapped parking identification card, as provided in
 12  1 section 321L.2 the next time the person's motor vehicle
 12  2 license is issued or renewed or when application is made for a
 12  3 nonoperator's identification card.
 12  4    3.  A person who has been issued a handicapped parking
 12  5 permit, but who does not possess a valid Iowa motor vehicle
 12  6 license, shall apply for a nonoperator's identification card
 12  7 by January 1, 1996.
 12  8    Sec. 13.  REPEAL.  Section 321L.10, Code 1995, is repealed.  
 12  9 LSB 1948SS 76
 12 10 js/jj/8.1
     
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