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Senate File 2085

Partial Bill History

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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 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 previously
  2 21 provided satisfactory evidence to the department that the
  2 22 owner of the vehicle or the owner's child is permanently
  2 23 handicapped in which case the furnishing of additional
  2 24 evidence 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  5 identification parking 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.  "Handicapped identification device" or "device" parking
  3 10 permit" means an identification device a 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 includes a the 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 handicapped identification parking sticker affixed to
  3 17 a registration plate issued to a disabled veteran under
  3 18 section 321.166, subsection 6, and a or to an operator under
  3 19 section 321.34.
  3 20    c.  A handicapped identification hanging device removable
  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 handicapped identification device
  3 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 handicapped identification device parking 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 ordered
  5  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 for either one temporary or one permanent
  5 18 handicapped identification hanging device.  Persons who seek a
  5 19 permanent handicapped identification device shall be required
  5 20 to furnish evidence upon initial application that they are
  5 21 permanently handicapped.  A person who has provided
  5 22 satisfactory evidence to the department that the person is
  5 23 permanently handicapped shall not be required to furnish
  5 24 evidence of being handicapped at a later date, unless the
  5 25 department 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 a period of four years from
  5 30 the date of issuance.  A removable windshield placard shall be
  5 31 renewed within thirty days of the date of expiration.  To
  5 32 renew the placard, the person shall comply with the
  5 33 requirements for initial issuance of the placard under this
  5 34 section.  Persons who seek only seeking temporary handicapped
  5 35 identification stickers or hanging devices removable
  6  1 windshield placards shall be required to furnish evidence upon
  6  2 initial application that they are temporarily handicapped and,
  6  3 in addition, furnish evidence at three-month subsequent
  6  4 intervals that they remain temporarily handicapped.  Temporary
  6  5 handicapped identification stickers and hanging devices
  6  6 removable windshield placards shall be of a distinctively
  6  7 different color from permanent handicapped identification
  6  8 stickers and hanging devices removable windshield placards.
  6  9 The department shall issue one additional removable windshield
  6 10 placard upon the request of a handicapped person.
  6 11    b.  The department may issue permanent handicapped
  6 12 identification hanging devices removable windshield placards
  6 13 to the following in accordance with rules adopted by the
  6 14 department:
  6 15    (1)  An organization which has a program for transporting
  6 16 the handicapped or elderly.
  6 17    (2)  A person in the business of transporting the
  6 18 handicapped or elderly.
  6 19    One handicapped identification hanging device removable
  6 20 windshield placard may be issued for each vehicle used by the
  6 21 organization or person for transporting the handicapped or
  6 22 elderly.  A handicapped identification hanging device placard
  6 23 issued under this paragraph shall be renewed every four years
  6 24 from the date of issuance and shall be surrendered to the
  6 25 department if the organization or person is no longer
  6 26 providing the service for which the device placard was issued.
  6 27 Notwithstanding section 321L.4, a person transporting
  6 28 handicapped or elderly in a motor vehicle for which a
  6 29 handicapped identification hanging device placard has been
  6 30 issued under this paragraph may display the device placard in
  6 31 the motor vehicle and may use a handicapped parking space
  6 32 while the motor vehicle is displaying the device placard.  A
  6 33 handicapped identification hanging device placard issued under
  6 34 this paragraph shall be of a distinctively different color
  6 35 from the handicapped identification hanging devices a placard
  7  1 issued under paragraph "a".  An organization issued a
  7  2 removable windshield placard and a handicapped person being
  7  3 transported under this subsection are exempt from the
  7  4 handicapped designation requirement under section 321L.4.
  7  5    c.  A new handicapped identification device removable
  7  6 windshield placard can be issued if the previously issued
  7  7 device placard is reported lost, stolen, or damaged.  The
  7  8 device placard reported as being lost or stolen shall be
  7  9 invalidated by the department.  A device placard which is
  7 10 damaged shall be returned to the department and exchanged for
  7 11 a new device placard in accordance with rules adopted by the
  7 12 department.
  7 13    2.  Any person providing false information with the intent
  7 14 to defraud on the application for a handicapped identification
  7 15 device or parking permit used in establishing proof under
  7 16 subsection 1 is subject to a civil penalty of three hundred
  7 17 dollars which may be imposed by the department.  A physician
  7 18 or chiropractor who provides false information with the intent
  7 19 to defraud on the physician's or chiropractor's statement used
  7 20 in establishing proof under subsection 1 is subject to a civil
  7 21 penalty of one three hundred dollars which may be imposed by
  7 22 the department, or subject to invalidation by the department
  7 23 of the device issued to the individual, or subject to both the
  7 24 civil penalty and invalidation.  In addition to the civil
  7 25 penalty, the department shall revoke the permit issued
  7 26 pursuant to this section.
  7 27    Sec. 7.  Section 321L.2, subsection 3, Code Supplement
  7 28 1995, is amended by striking the subsection and inserting in
  7 29 lieu thereof the following:
  7 30    3.  The removable windshield placard shall contain the
  7 31 following information:
  7 32    a.  Each side of the placard shall include all of the
  7 33 following:
  7 34    (1)  The international symbol of access, which is at least
  7 35 three inches in height, centered on the placard, and is white
  8  1 on a blue shield.
  8  2    (2)  An identification number.
  8  3    (3)  A date of expiration, which shall be of sufficient
  8  4 size to be readable from outside the vehicle.
  8  5    (4)  The seal or other identification of the issuing
  8  6 authority.
  8  7    b.  One side of the placard shall contain all of the
  8  8 following information:
  8  9    (1)  A statement printed on it as follows:  "Unauthorized
  8 10 use of this placard as indicated in Iowa Code chapter 321L may
  8 11 result in a fine, invalidation of the placard, or revocation
  8 12 of the right to use the placard.  This placard shall be
  8 13 displayed only when the vehicle is parked in a handicapped
  8 14 parking space."
  8 15    (2)  The return address and telephone number of the
  8 16 department.
  8 17    (3) The signature of the person who has been issued the
  8 18 placard and the signature of the physician or chiropractor who
  8 19 made the determination that the person was handicapped for
  8 20 purposes of issuance of the placard.
  8 21    4.  A removable windshield placard shall only be displayed
  8 22 when the vehicle is parked in a handicapped parking space.
  8 23    5.  A person obtaining a handicapped parking permit
  8 24 pursuant to this section, other than a person obtaining a
  8 25 removable windshield placard issued under subsection 1,
  8 26 paragraph "b", and a person issued a temporary removable
  8 27 windshield placard pursuant to this section shall be required
  8 28 to have a handicapped designation on the face of the person's
  8 29 motor vehicle license or if the person does not have or is not
  8 30 eligible for a motor vehicle license, the person shall apply
  8 31 for a nonoperator's identification card with a handicapped
  8 32 designation.  A handicapped person who has been issued a
  8 33 handicapped parking permit pursuant to this section shall
  8 34 carry the motor vehicle license or nonoperator's
  8 35 identification card in the person's possession at all times
  9  1 when the handicapped parking permit is being used.
  9  2    6.  The shape and color of the removable windshield placard
  9  3 shall be changed and the placard shall be reissued every four
  9  4 years.
  9  5    Sec. 8.  Section 321L.3, Code 1995, is amended to read as
  9  6 follows:
  9  7    321L.3  RETURN OF HANDICAPPED IDENTIFICATION DEVICES –
  9  8 RETURN OF HANGING DEVICES PARKING PERMITS.
  9  9    Handicapped identification hanging devices parking permits
  9 10 shall be returned to the department upon the occurrence of any
  9 11 of the following:
  9 12    1.  The person to whom the device handicapped parking
  9 13 permit has been issued is deceased.
  9 14    2.  The person to whom the device handicapped parking
  9 15 permit has been issued has moved out of state.
  9 16    3.  A person has found or has in the person's possession a
  9 17 hanging device handicapped parking permit that was not issued
  9 18 to that person.
  9 19    4.  The temporary device handicapped parking permit has
  9 20 expired.
  9 21    5.  The device handicapped parking permit has been
  9 22 invalidated revoked.
  9 23    6.  The device handicapped parking permit reported lost or
  9 24 stolen under section 321L.2, subsection 1, is later found or
  9 25 retrieved after a subsequent device handicapped parking permit
  9 26 has been issued.
  9 27    A person who fails to return the handicapped identification
  9 28 hanging device as stipulated above parking permit and
  9 29 subsequently misuses the device permit by illegally parking in
  9 30 a handicapped parking space is guilty of a simple misdemeanor
  9 31 and subject to a fine of up to one hundred dollars shall be
  9 32 imposed on the person.
  9 33    Devices Handicapped parking permits may be returned to the
  9 34 department as required by this section either directly to the
  9 35 department or through to a driver motor vehicle license
 10  1 station or any law enforcement office.
 10  2    Sec. 9.  Section 321L.4, Code 1995, is amended to read as
 10  3 follows:
 10  4    321L.4  HANDICAPPED PARKING – DISPLAY AND USE OF DEVICE
 10  5 PARKING PERMIT AND HANDICAPPED IDENTIFICATION DESIGNATION.
 10  6    1.  A handicapped identification device parking permit
 10  7 shall be displayed in a motor vehicle as a hanging device
 10  8 removable windshield placard or on a motor vehicle as a plate
 10  9 or sticker as provided in section 321L.2 when being used by a
 10 10 handicapped person, either as an operator or passenger.  Each
 10 11 hanging device removable windshield placard shall be of
 10 12 uniform design and fabricated of durable material, suitable
 10 13 for display from within the passenger compartment of a motor
 10 14 vehicle, and readily transferable from one vehicle to another.
 10 15 The placard shall only be displayed when the motor vehicle is
 10 16 parked in a handicapped parking space.
 10 17    2.  The use of a handicapped parking space, located on
 10 18 either public or private property as provided in sections
 10 19 321L.5 and 321L.6, by a motor vehicle not displaying a
 10 20 handicapped identification device parking permit; by a motor
 10 21 vehicle displaying such a device handicapped parking permit
 10 22 but not being used by a handicapped person, as an operator or
 10 23 passenger in possession of a motor vehicle license with a
 10 24 handicapped designation or a nonoperator's identification card
 10 25 with a handicapped designation, other than a person issued a
 10 26 permit or being transported in accordance with section 321L.2,
 10 27 subsection 1, paragraph "b", or by a motor vehicle in
 10 28 violation of the rules adopted by the department under section
 10 29 321L.8, constitutes improper use of a handicapped
 10 30 identification device parking permit, which is a misdemeanor
 10 31 for which a fine shall be imposed upon the owner, operator, or
 10 32 lessee of the motor vehicle or the purchaser of person to whom
 10 33 the handicapped identification device parking permit is
 10 34 issued.  The fine for each violation shall be fifty one
 10 35 hundred dollars.  Proof of conviction of two or more
 11  1 violations involving improper use of a handicapped
 11  2 identification device parking permit is grounds for revocation
 11  3 by the court or the department of the holder's privilege to
 11  4 possess or use the device handicapped parking permit.
 11  5    3.  A peace officer as designated in section 801.4,
 11  6 subsection 11, shall have the authority to and shall enforce
 11  7 the provisions of this section on public and private property.
 11  8    Sec. 10.  Section 321L.5, subsection 3, paragraph c, Code
 11  9 1995, is amended to read as follows:
 11 10    c.  An entity providing off-street nonresidential parking
 11 11 as a lessor shall provide a handicapped parking space to an
 11 12 individual requesting to lease a parking space, if that
 11 13 individual possesses a permanent handicapped identification
 11 14 device parking permit issued in accordance with section
 11 15 321L.2.
 11 16    Sec. 11.  Section 321L.5, subsection 4, paragraph b, Code
 11 17 1995, is amended to read as follows:
 11 18    b.  Upon petition by an individual possessing a permanent
 11 19 handicapped identification device parking permit issued in
 11 20 accordance with section 321L.2, the city shall review
 11 21 utilization and location of existing handicapped parking
 11 22 spaces for a one-month period but not more than once every
 11 23 twelve months.  If, upon review, the average occupancy rate
 11 24 for handicapped parking spaces exceeds sixty percent during
 11 25 normal business hours, the city shall provide additional
 11 26 handicapped parking spaces as needed.
 11 27    Sec. 12.  Section 321L.8, Code 1995, is amended to read as
 11 28 follows:
 11 29    321L.8  HANDICAPPED IDENTIFICATION DEVICES PARKING PERMITS
 11 30 AND PARKING – RULES.
 11 31    1.  The department, pursuant to chapter 17A, shall adopt
 11 32 rules:
 11 33    a.  Establishing procedures for applying to the department
 11 34 for issuance of permanent or temporary handicapped
 11 35 identification devices parking permits under this chapter.
 12  1    b.  Governing the manner in which handicapped
 12  2 identification devices parking permits are to be displayed in
 12  3 or on motor vehicles.
 12  4    c.  Regarding enforcement of this chapter.
 12  5    2.  The department of public safety shall adopt rules
 12  6 pursuant to chapter 17A governing the manner in which
 12  7 handicapped parking spaces are provided.
 12  8    Sec. 13.  Section 321L.9, Code 1995, is amended to read as
 12  9 follows:
 12 10    321L.9  RECIPROCITY.
 12 11    Handicapped identification devices parking permits issued
 12 12 lawfully by other states and foreign governmental bodies or
 12 13 their political subdivisions shall be valid handicapped
 12 14 identification devices parking permits for nonresidents
 12 15 traveling or visiting in this state.
 12 16    Sec. 14.  IMPLEMENTATION.
 12 17    1.  The department shall begin the issuance of new
 12 18 permanent windshield placards and handicapped designations on
 12 19 motor vehicle licenses or nonoperator's identification cards,
 12 20 as provided in this Act, beginning January 1, 1997.
 12 21    2.  After January 1, 1998, only new windshield placards
 12 22 issued by the department pursuant to this chapter shall be
 12 23 valid and any other hanging device issued prior to January 1,
 12 24 1997, shall be invalid.
 12 25    3.  A person who has been issued a hanging device prior to
 12 26 January 1, 1997, shall apply for a new removable windshield
 12 27 placard and handicapped designation by January 1, 1998.
 12 28    4.  A person who has been issued handicapped registration
 12 29 plates or handicapped identification stickers shall apply for
 12 30 a handicapped designation on the person's motor vehicle
 12 31 license or nonoperator's identification card by January 1,
 12 32 1998.
 12 33    5.  A person who has been issued a handicapped parking
 12 34 permit, but who does not possess a valid Iowa motor vehicle
 12 35 license, shall apply for a nonoperator's identification card
 13  1 by January 1, 1998.
 13  2    Sec. 15.  Section 321L.10, Code 1995, is repealed.
 13  3    Sec. 16.  The department shall work with the American
 13  4 medical association and other groups to educate physicians and
 13  5 chiropractors regarding the chiropractors' and physicians'
 13  6 statements required for issuance of a handicapped parking
 13  7 permit and the requirements under section 321L.2 for issuance
 13  8 of a handicapped parking permit.  If possible, this education
 13  9 effort shall be included within relevant continuing education
 13 10 curriculum.
 13 11    Sec. 17.  FUTURE REISSUANCE.  The department shall
 13 12 implement the reissuance of removable windshield placards on
 13 13 January 1, 2001, and every four years thereafter, in the same
 13 14 manner as provided for reissuance in this Act.  
 13 15 SF 2085
 13 16 js/cc/26
     
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