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Text: HF00687                           Text: HF00689
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House File 688

Partial Bill History

Bill Text

PAG LIN
  1  1                                          HOUSE FILE 688
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO HANDICAPPED PARKING PERMITS BY CHANGING THE
  1  5    TERM HANDICAPPED TO THE TERM PERSON WITH A DISABILITY 
  1  6    AND BY PROVIDING FOR NONEXPIRING REMOVABLE WINDSHIELD 
  1  7    PLACARDS FOR PERSONS WITH A LIFELONG DISABILITY, 
  1  8    ELIMINATING THE REQUIREMENT THAT PHYSICIANS OR 
  1  9    CHIROPRACTORS SIGN REMOVABLE WINDSHIELD PLACARDS, AND 
  1 10    ELIMINATING CERTAIN IDENTIFICATION REQUIREMENTS FOR 
  1 11    PERSONS WITH DISABILITIES AND PROVIDING AN EFFECTIVE 
  1 12    DATE AND APPLICABILITY PROVISIONS.  
  1 13 
  1 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 15 
  1 16    Section 1.  Section 15.286, subsection 4, paragraph a, Code
  1 17 1997, is amended to read as follows:
  1 18    4.  a.  The Iowa finance authority shall develop criteria
  1 19 to award assistance based upon the applicant's financial need,
  1 20 the cost-benefit of the project, the accessibility to the
  1 21 project by handicapped persons with disabilities as defined in
  1 22 section 321L.1, percent of private investment, percent
  1 23 leveraged by other programs, assessment of local housing
  1 24 situation, and ability to administer the program.
  1 25    Sec. 2.  Section 321.23, subsection 4, Code 1997, is
  1 26 amended to read as follows:
  1 27    4.  A vehicle which does not meet the equipment
  1 28 requirements of this chapter due to the particular use for
  1 29 which it is designed or intended, may be registered by the
  1 30 department upon payment of appropriate fees and after
  1 31 inspection and certification by the department that the
  1 32 vehicle is not in an unsafe condition.  A person is not
  1 33 required to have a certificate of title to register a vehicle
  1 34 under this subsection.  If the owner elects to have a
  1 35 certificate of title issued for the vehicle, a fee of ten
  2  1 dollars shall be paid by the person making the application
  2  2 upon issuance of a certificate of title.  If the department's
  2  3 inspection reveals that the vehicle may be safely operated
  2  4 only under certain conditions or on certain types of roadways,
  2  5 the department may restrict the registration to limit
  2  6 operation of the vehicle to the appropriate conditions or
  2  7 roadways.  This subsection does not apply to snowmobiles as
  2  8 defined in section 321G.1.  Section 321.382 does not apply to
  2  9 a vehicle registered under this subsection which is operated
  2 10 exclusively by a handicapped person with a disability who has
  2 11 obtained a handicapped persons with disabilities parking
  2 12 permit as provided in section 321L.2, if the handicapped
  2 13 persons with disabilities parking permit is carried in or on
  2 14 the vehicle and shown to a peace officer on request.
  2 15    Sec. 3.  Section 321.34, subsection 14, Code 1997, is
  2 16 amended to read as follows:
  2 17    14.  HANDICAPPED PERSONS WITH DISABILITIES SPECIAL PLATES.
  2 18 An owner referred to in subsection 12 who is a handicapped
  2 19 person with a disability, or who is the parent or guardian of
  2 20 a child who resides with the parent or guardian owner and who
  2 21 is a handicapped person with a disability, as defined in
  2 22 section 321L.1, may, upon written application to the
  2 23 department, order special registration plates with a
  2 24 handicapped persons with disabilities processed emblem
  2 25 designed by the department bearing the international symbol of
  2 26 accessibility.  The special registration plates with a
  2 27 handicapped processed emblem shall only be issued if the
  2 28 application is accompanied with a statement from a physician
  2 29 licensed under chapter 148, 149, 150, or 150A, or a
  2 30 chiropractor licensed under chapter 151, written on the
  2 31 physician's or chiropractor's stationery, stating the nature
  2 32 of the applicant's or the applicant's child's handicap
  2 33 disability and such additional information as required by
  2 34 rules adopted by the department, including proof of residency
  2 35 of a child who is a handicapped person with a disability.  If
  3  1 the application is approved by the department the special
  3  2 registration plates with a handicapped persons with
  3  3 disabilities processed emblem shall be issued to the
  3  4 applicant.  There shall be no fee in addition to the regular
  3  5 annual registration fee for the special registration plates
  3  6 with a handicapped persons with disabilities processed emblem.
  3  7 The authorization for special registration plates with a
  3  8 handicapped persons with disabilities processed emblem shall
  3  9 not be renewed without the applicant furnishing evidence to
  3 10 the department that the owner of the motor vehicle or the
  3 11 owner's child is still a handicapped person with a disability
  3 12 as defined in section 321L.1.  An owner who has a child who is
  3 13 a handicapped person with a disability shall provide
  3 14 satisfactory evidence to the department that the handicapped
  3 15 child with a disability continues to reside with the owner.
  3 16 The registration plates with a handicapped persons with
  3 17 disabilities processed emblem shall be surrendered in exchange
  3 18 for regular registration plates as provided in subsection 12
  3 19 when the owner of the motor vehicle or the owner's child no
  3 20 longer qualifies as a handicapped person with a disability as
  3 21 defined in section 321L.1 or when the owner's child who is a
  3 22 handicapped person with a disability no longer resides with
  3 23 the owner.
  3 24    Sec. 4.  Section 321.166, subsection 6, Code 1997, is
  3 25 amended to read as follows:
  3 26    6.  Registration plates issued a disabled veteran under the
  3 27 provisions of section 321.105, shall display the alphabetical
  3 28 characters "DV" which shall precede the registration plate
  3 29 number.  The plates may also display a handicapped persons
  3 30 with disabilities parking sticker if issued to the disabled
  3 31 veteran by the department under section 321L.2.
  3 32    Sec. 5.  Section 321.179, subsection 1, unnumbered
  3 33 paragraph 1, Code 1997, is amended to read as follows:
  3 34    1.  Notwithstanding the provisions of this chapter or
  3 35 chapter 321L which grant sole authority to the department for
  4  1 the issuance of motor vehicle licenses, nonoperator's
  4  2 identification cards, and handicapped persons with
  4  3 disabilities identification devices, the counties of Adams,
  4  4 Cass, Fremont, Mills, Montgomery, and Page shall be authorized
  4  5 to issue motor vehicle licenses, nonoperator's identification
  4  6 cards, and handicapped persons with disabilities
  4  7 identification devices on a permanent basis.  However, a
  4  8 county shall only be authorized to issue commercial driver's
  4  9 licenses if certified to do so by the department.  If a county
  4 10 fails to meet the standards for certification under this
  4 11 section, the department itself shall provide for the issuance
  4 12 of commercial driver's licenses in that county.  The
  4 13 department shall certify the county treasurers in the
  4 14 permanent counties to issue commercial driver's licenses if
  4 15 all of the following conditions are met:
  4 16    Sec. 6.  Section 321L.1, subsections 4 through 6, Code
  4 17 1997, are amended to read as follows:
  4 18    4.  "Handicapped Persons with disabilities parking permit"
  4 19 means a permit bearing the international symbol of
  4 20 accessibility issued by the department which allows the holder
  4 21 to park in a handicapped persons with disabilities parking
  4 22 space, and includes the following:
  4 23    a.  A handicapped persons with disabilities registration
  4 24 plate issued to or for a handicapped person with a disability
  4 25 under section 321.34, subsection 7.
  4 26    b.  A handicapped persons with disabilities parking sticker
  4 27 affixed to a registration plate issued to a disabled veteran
  4 28 under section 321.166, subsection 6, or to an operator under
  4 29 section 321.34.
  4 30    c.  A handicapped persons with disabilities removable
  4 31 windshield placard which is a two-sided placard for hanging
  4 32 from the rearview mirror when the motor vehicle is parked in a
  4 33 handicapped persons with disabilities parking space.
  4 34    5.  "Handicapped Persons with disabilities parking sign"
  4 35 means a sign which bears the international symbol of
  5  1 accessibility that meets the requirements under section
  5  2 321L.6.
  5  3    6.  "Handicapped Persons with disabilities parking space"
  5  4 means a parking space, including the access aisle, designated
  5  5 for use by only motor vehicles displaying a handicapped
  5  6 persons with disabilities parking permit that meets the
  5  7 requirements of sections 321L.5 and 321L.6.
  5  8    Sec. 7.  Section 321L.1, subsection 7, unnumbered paragraph
  5  9 1, Code 1997, is amended to read as follows:
  5 10    "Handicapped person Person with a disability" means a
  5 11 person with a disability that limits or impairs the person's
  5 12 ability to walk.  A person shall be considered handicapped a
  5 13 person with a disability for purposes of this chapter under
  5 14 the following circumstances:
  5 15    Sec. 8.  Section 321L.1, Code 1997, is amended by adding
  5 16 the following new subsection:
  5 17    NEW SUBSECTION.  8.  "Lifelong disability" means a
  5 18 disability described under subsection 7 which has been
  5 19 determined to be permanent by a person authorized to provide
  5 20 the statement of disability required by section 321L.2.
  5 21    Sec. 9.  Section 321L.2, subsection 1, paragraph a,
  5 22 unnumbered paragraphs 1 and 2, Code 1997, are amended to read
  5 23 as follows:
  5 24    A handicapped resident of the state with a disability
  5 25 desiring a handicapped persons with disabilities parking
  5 26 permit shall apply to the department upon an application form
  5 27 furnished by the department providing the applicant's name,
  5 28 address, date of birth, and social security number and shall
  5 29 also provide a statement from a physician licensed under
  5 30 chapter 148, 149, 150, or 150A, or a chiropractor licensed
  5 31 under chapter 151, or a physician or chiropractor licensed to
  5 32 practice in a contiguous state, written on the physician's or
  5 33 chiropractor's stationery, stating the nature of the
  5 34 applicant's handicap disability and such additional
  5 35 information as required by rules adopted by the department
  6  1 under section 321L.8.  If the person is applying for a
  6  2 temporary handicapped persons with disabilities parking
  6  3 permit, the physician's or chiropractor's statement shall
  6  4 state the period of time during which the person is expected
  6  5 to be handicapped disabled and the period of time for which
  6  6 the permit should be issued, not to exceed six months.
  6  7    A handicapped person with a disability may apply for one of
  6  8 the following handicapped persons with disabilities parking
  6  9 permits:
  6 10    Sec. 10.  Section 321L.2, subsection 1, paragraph a,
  6 11 subparagraph (3), Code 1997, is amended to read as follows:
  6 12    (3)  Removable windshield placard.  A handicapped person
  6 13 with a disability may apply for a temporary removable
  6 14 windshield placard which shall be valid for a period of up to
  6 15 six months, as determined by the physician's or chiropractor's
  6 16 statement under this subsection or a nonexpiring removable
  6 17 windshield placard which shall be valid for a period of four
  6 18 years from the date of issuance, as determined by the
  6 19 physician's or chiropractor's statement under this subsection.
  6 20 A temporary removable windshield placard shall be renewed
  6 21 within thirty days of the date of expiration.  To renew the
  6 22 placard, the person shall comply with the requirements for
  6 23 initial issuance of the placard under this section.  Persons
  6 24 seeking temporary removable windshield placards shall be
  6 25 required to furnish evidence upon initial application that
  6 26 they are temporarily handicapped have a temporary disability
  6 27 and, in addition, furnish evidence at subsequent intervals
  6 28 that they remain temporarily handicapped disabled.  Temporary
  6 29 removable windshield placards shall be of a distinctively
  6 30 different color from nonexpiring removable windshield
  6 31 placards.  A nonexpiring removable windshield placard shall
  6 32 state on the face of the placard that it is a nonexpiring
  6 33 placard.  The department shall issue one additional removable
  6 34 windshield placard upon the request of a handicapped person
  6 35 with a disability.
  7  1    Sec. 11.  Section 321L.2, subsection 1, paragraph b, Code
  7  2 1997, is amended to read as follows:
  7  3    b.  The department may issue expiring removable windshield
  7  4 placards to the following:
  7  5    (1)  An organization which has a program for transporting
  7  6 the handicapped or elderly persons with disabilities or
  7  7 elderly persons.
  7  8    (2)  A person in the business of transporting the
  7  9 handicapped or elderly persons with disabilities or elderly
  7 10 persons.
  7 11    One expiring removable windshield placard may be issued for
  7 12 each vehicle used by the organization or person for
  7 13 transporting the handicapped or elderly persons with
  7 14 disabilities or elderly persons.  A placard issued under this
  7 15 paragraph shall be renewed every four years from the date of
  7 16 issuance and shall be surrendered to the department if the
  7 17 organization or person is no longer providing the service for
  7 18 which the placard was issued.  Notwithstanding section 321L.4,
  7 19 a person transporting handicapped or elderly persons with
  7 20 disabilities or elderly persons in a motor vehicle for which a
  7 21 placard has been issued under this paragraph may display the
  7 22 placard in the motor vehicle and may use a handicapped persons
  7 23 with disabilities parking space while the motor vehicle is
  7 24 displaying the placard.  A placard issued under this paragraph
  7 25 shall be of a distinctively different color from a placard
  7 26 issued under paragraph "a".  An organization issued a
  7 27 removable windshield placard and a handicapped person being
  7 28 transported under this subsection are exempt from the
  7 29 handicapped designation requirement under section 321L.4.
  7 30    Sec. 12.  Section 321L.2, subsection 3, paragraph b,
  7 31 subparagraph (3), Code 1997, is amended to read as follows:
  7 32    (3)  The signature of the person who has been issued the
  7 33 placard and the signature of the physician or chiropractor who
  7 34 made the determination that the person was handicapped for
  7 35 purposes of issuance of the placard.
  8  1    Sec. 13.  Section 321L.2, subsection 5, Code 1997, is
  8  2 amended by striking the subsection.
  8  3    Sec. 14.  Section 321L.4, subsection 2, Code 1997, is
  8  4 amended to read as follows:
  8  5    2.  The use of a handicapped persons with disabilities
  8  6 parking space, located on either public or private property as
  8  7 provided in sections 321L.5 and 321L.6, by an operator of a
  8  8 motor vehicle not displaying a handicapped persons with
  8  9 disabilities parking permit; by an operator of a motor vehicle
  8 10 displaying a handicapped persons with disabilities parking
  8 11 permit but not being used by a person in possession of a motor
  8 12 vehicle license with a handicapped designation or a
  8 13 nonoperator's identification card with a handicapped
  8 14 designation, other than a person issued a permit or being
  8 15 transported in accordance with section 321L.2, subsection 1,
  8 16 paragraph "b"; or by a motor vehicle in violation of the rules
  8 17 adopted by the department under section 321L.8, constitutes
  8 18 improper use of a handicapped persons with disabilities
  8 19 parking permit, which is a misdemeanor for which a fine shall
  8 20 be imposed upon the owner, operator, or lessee of the motor
  8 21 vehicle or the person to whom the handicapped persons with
  8 22 disabilities parking permit is issued.  The fine for each
  8 23 violation shall be one hundred dollars.  Proof of conviction
  8 24 of two or more violations involving improper use of a
  8 25 handicapped persons with disabilities parking permit is
  8 26 grounds for revocation by the court or the department of the
  8 27 holder's privilege to possess or use the handicapped persons
  8 28 with disabilities parking permit.
  8 29    Sec. 15.  AMENDMENTS CHANGING TERMINOLOGY – DIRECTIVES TO
  8 30 CODE EDITOR.
  8 31    1.  The Code editor shall substitute the words "persons
  8 32 with disabilities" for the word "handicapped" wherever the
  8 33 word "handicapped" is used in the terms "handicapped parking
  8 34 permit", "handicapped parking permits", "handicapped parking
  8 35 space", "handicapped parking spaces", "handicapped
  9  1 designation", "handicapped designations", "handicapped
  9  2 identification designation", "handicapped identification
  9  3 designations", "handicapped parking space", "handicapped
  9  4 parking spaces", "handicapped parking", "handicapped parking
  9  5 review committee", "handicapped parking sign", "handicapped
  9  6 parking signs", "handicapped parking sticker", "handicapped
  9  7 parking stickers", "handicapped registration plate",
  9  8 "handicapped registration plates", "handicapped identification
  9  9 device", and "handicapped identification devices".
  9 10    2.  The Code editor shall substitute the word "disability"
  9 11 for "handicap" where there appears to be no doubt as to the
  9 12 intent to refer to a disability.
  9 13    3.  The Code editor shall substitute the words "person with
  9 14 a disability" for the words "handicapped person" and the words
  9 15 "persons with disabilities" for the words "handicapped
  9 16 persons" where there appears to be no doubt as to the intent
  9 17 to refer to a person with a disability or persons with
  9 18 disabilities.
  9 19    Sec. 16.  Section 321L.6, subsection 3, Code 1997, is
  9 20 amended by striking the subsection.
  9 21    Sec. 17.  EFFECTIVE AND APPLICABILITY DATE PROVISIONS.
  9 22 This Act, being deemed of immediate importance, takes effect
  9 23 upon enactment.  However, state agencies, political
  9 24 subdivisions of the state, and other persons which currently
  9 25 have signs or windshield placards, stickers, or other devices
  9 26 which bear the word "handicapped" or the statement required by
  9 27 section 321L.6, subsection 3, Code 1997, may continue to use
  9 28 the placards, stickers, or devices until they would be
  9 29 replaced in the normal course of business.  
  9 30 
  9 31 
  9 32                                                             
  9 33                               RON J. CORBETT
  9 34                               Speaker of the House
  9 35 
 10  1 
 10  2                                                             
 10  3                               MARY E. KRAMER
 10  4                               President of the Senate
 10  5 
 10  6    I hereby certify that this bill originated in the House and
 10  7 is known as House File 688, Seventy-seventh General Assembly.
 10  8 
 10  9 
 10 10                                                             
 10 11                               ELIZABETH ISAACSON
 10 12                               Chief Clerk of the House
 10 13 Approved                , 1997
 10 14 
 10 15 
 10 16                         
 10 17 TERRY E. BRANSTAD
 10 18 Governor
     
Text: HF00687                           Text: HF00689
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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