House File 621 - Introduced HOUSE FILE 621 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HF 79) A BILL FOR An Act relating to the issuance of persons with disabilities 1 parking permits, and including effective date and 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1415HV (2) 84 dea/nh
H.F. 621 Section 1. Section 321L.2, Code 2011, is amended to read as 1 follows: 2 321L.2 Persons with disabilities parking permits —— 3 application and issuance. 4 1. A resident of the state with a disability desiring a 5 persons with disabilities parking permit shall apply to the 6 department upon an application on a form furnished by the 7 department providing the applicant’s full legal name, address, 8 date of birth, and social security number or Iowa driver’s 9 license number or Iowa nonoperator’s identification card 10 number, and shall also provide a statement from a physician 11 licensed under chapter 148 or 149 , a physician assistant 12 licensed under chapter 148C , an advanced registered nurse 13 practitioner licensed under chapter 152 , or a chiropractor 14 licensed under chapter 151 , or a physician, physician 15 assistant, nurse practitioner, or chiropractor licensed to 16 practice in a contiguous state, written on the physician’s, 17 physician assistant’s, nurse practitioner’s, or chiropractor’s 18 stationery, stating the nature of the applicant’s disability 19 and such additional information as required by rules adopted by 20 the department under section 321L.8 . If the person is applying 21 for a temporary persons with disabilities parking permit, the 22 physician’s, physician assistant’s, nurse practitioner’s, or 23 chiropractor’s statement shall state the period of time during 24 which the person is expected to be disabled and the period 25 of time for which the permit should be issued, not to exceed 26 six months. The department may waive the requirement that 27 the applicant furnish the applicant’s social security number, 28 Iowa driver’s license number, or nonoperator’s identification 29 card number when the application for a temporary persons with 30 disabilities parking permit is made on behalf of a person who 31 is less than one year old. 32 a. 2. A person with a disability may apply for one of the 33 following persons with disabilities parking permits: 34 (1) a. Persons with disabilities registration plates. An 35 -1- LSB 1415HV (2) 84 dea/nh 1/ 6
H.F. 621 applicant may order persons with disabilities registration 1 plates pursuant to section 321.34 . An applicant may order a 2 persons with disabilities registration plate for a trailer 3 used to transport a wheelchair pursuant to section 321.34 in 4 addition to persons with disabilities registration plates 5 ordered by the applicant for a motor vehicle used to tow such a 6 trailer pursuant to section 321.34 . 7 (2) b. Persons with disabilities parking sticker. An 8 applicant who owns a motor vehicle for which the applicant 9 has been issued registration plates under section 321.34 or 10 registration plates as a seriously disabled veteran under 11 section 321.105 may apply to the department for a persons with 12 disabilities parking sticker to be affixed to the plates. The 13 persons with disabilities parking stickers shall bear the 14 international symbol of accessibility. 15 (3) c. Removable windshield placard. A person with a 16 disability may apply for a temporary removable windshield 17 placard which shall be valid for a period of up to six months 18 or a nonexpiring standard removable windshield placard valid 19 for a period of five years , as determined by the physician’s, 20 physician assistant’s, nurse practitioner’s, or chiropractor’s 21 statement under this subsection 1 . 22 (1) A temporary removable windshield placard shall be 23 renewed within thirty days of the date of expiration. Persons 24 seeking temporary removable windshield placards shall be 25 required to furnish evidence upon initial application that 26 they have a temporary disability and, in addition, furnish 27 evidence at subsequent intervals that they remain temporarily 28 disabled. Temporary removable windshield placards shall be 29 of a distinctively different color from nonexpiring standard 30 removable windshield placards. 31 (2) A nonexpiring standard removable windshield placard 32 shall state on the face of the placard that it is a nonexpiring 33 placard shall expire on the last day of the month that is five 34 years from the date of issuance . A person with a disability 35 -2- LSB 1415HV (2) 84 dea/nh 2/ 6
H.F. 621 may renew a standard removable windshield placard within thirty 1 days before or after the date of expiration by certifying to 2 the department that the person has a continuing need for the 3 placard. 4 (3) The department shall issue one additional removable 5 windshield placard upon the request of a person with a 6 disability. 7 b. 3. a. The department may issue expiring removable 8 windshield placards to the following: 9 (1) An organization which has a program for transporting 10 persons with disabilities or elderly persons. 11 (2) A person in the business of transporting persons with 12 disabilities or elderly persons. 13 c. b. One expiring removable windshield placard may be 14 issued for each vehicle used by the organization or person for 15 transporting persons with disabilities or elderly persons. 16 A placard issued under this paragraph subsection shall be 17 renewed every four years from the date of issuance and shall 18 be surrendered to the department if the organization or person 19 is no longer providing the service for which the placard was 20 issued. Notwithstanding section 321L.4 , a person transporting 21 persons with disabilities or elderly persons in a motor vehicle 22 for which a placard has been issued under this paragraph 23 subsection may display the placard in the motor vehicle and may 24 use a persons with disabilities parking space while the motor 25 vehicle is displaying the placard. A placard issued under this 26 paragraph subsection shall be of a distinctively different 27 color from a placard issued under paragraph “a” subsection 2 . 28 d. 4. A new removable windshield placard can be issued 29 if the previously issued placard is reported lost, stolen, or 30 damaged. The placard reported as being lost or stolen shall 31 be invalidated by the department. A placard which is damaged 32 shall be returned to the department and exchanged for a new 33 placard in accordance with rules adopted by the department. 34 2. 5. Any person providing false information with the 35 -3- LSB 1415HV (2) 84 dea/nh 3/ 6
H.F. 621 intent to defraud on the application for a persons with 1 disabilities parking permit used in establishing proof under 2 subsection 1 is subject to a civil penalty of three hundred 3 dollars which may be imposed by the department. A physician, 4 physician assistant, nurse practitioner, or chiropractor who 5 provides false information with the intent to defraud on the 6 physician’s, physician assistant’s, nurse practitioner’s, or 7 chiropractor’s statement used in establishing proof under 8 subsection 1 is subject to a civil penalty of three hundred 9 dollars which may be imposed by the department. In addition 10 to the civil penalty, the department shall revoke the permit 11 issued pursuant to this section . 12 3. 6. The removable windshield placard shall contain the 13 following information: 14 a. Each side of the placard shall include all of the 15 following: 16 (1) The international symbol of access, which is at least 17 three inches in height, centered on the placard, and is white 18 on a blue shield. 19 (2) An identification number. 20 (3) A date of expiration, which shall be of sufficient size 21 to be readable from outside the vehicle. 22 (4) The seal or other identification of the issuing 23 authority. 24 b. One side of the placard shall contain all of the 25 following information: 26 (1) A statement printed on it as follows: “Unauthorized 27 use of this placard as indicated in Iowa Code chapter 321L may 28 result in a fine, invalidation of the placard, or revocation of 29 the right to use the placard. This placard shall be displayed 30 only when the vehicle is parked in a persons with disabilities 31 parking space or in a parking space not designated as a persons 32 with disabilities parking space if a wheelchair parking cone is 33 used pursuant to Iowa Code section 321L.2A .” 34 (2) The return address and telephone number of the 35 -4- LSB 1415HV (2) 84 dea/nh 4/ 6
H.F. 621 department. 1 (3) The signature of the person who has been issued the 2 placard. 3 4. 7. A removable windshield placard shall only be 4 displayed when the vehicle is parked in a persons with 5 disabilities parking space. 6 5. 8. A seriously disabled veteran who has been provided 7 with an automobile or other vehicle by the United States 8 government under the provisions of 38 U.S.C. § 1901 et seq. 9 (1970) is not required to apply for a persons with disabilities 10 parking permit under this section unless the veteran has been 11 issued special registration plates or personalized plates for 12 the vehicle. The regular registration plates issued for the 13 disabled veteran’s vehicle without fee pursuant to section 14 321.105 entitle the disabled veteran to all of the rights and 15 privileges associated with persons with disabilities parking 16 permits under this chapter . 17 Sec. 2. Section 321L.4, subsection 2, Code 2011, is amended 18 to read as follows: 19 2. The use of a persons with disabilities parking space, 20 located on either public or private property as provided in 21 sections 321L.5 and 321L.6 , by an operator of a vehicle not 22 displaying a persons with disabilities parking permit; by an 23 operator of a vehicle displaying a persons with disabilities 24 parking permit but not being used by a person issued a permit 25 or being transported in accordance with section 321L.2, 26 subsection 1 , paragraph “b” 3 ; or by a vehicle in violation 27 of the rules adopted by the department under section 321L.8 , 28 constitutes improper use of a persons with disabilities parking 29 permit, which is a misdemeanor for which a scheduled fine shall 30 be imposed upon the owner, operator, or lessee of the vehicle 31 or the person to whom the persons with disabilities parking 32 permit is issued. The scheduled fine for each violation shall 33 be as established in section 805.8A, subsection 1 , paragraph 34 “c” . Proof of conviction of two or more violations involving 35 -5- LSB 1415HV (2) 84 dea/nh 5/ 6
H.F. 621 improper use of a persons with disabilities parking permit 1 is grounds for revocation by the court or the department of 2 the holder’s privilege to possess or use the persons with 3 disabilities parking permit. 4 Sec. 3. EFFECTIVE DATE AND APPLICABILITY. This Act 5 takes effect January 1, 2012, and applies for persons with 6 disabilities placards issued on or after that date. The 7 enactment of this Act does not affect the validity of 8 nonexpiring persons with disabilities placards issued prior to 9 January 1, 2012. 10 EXPLANATION 11 This bill revises current practices relating to the issuance 12 of persons with disabilities parking placards. Under current 13 law, a person may apply for either a temporary placard, valid 14 for up to six months, or a nonexpiring placard. The bill 15 eliminates the nonexpiring placard and replaces it with a 16 standard placard which expires five years from the date of 17 issuance. A person with a standard placard may renew the 18 placard within 30 days before or after the expiration date 19 by certifying that the person has a continuing need for the 20 placard. Pursuant to current law, certification requires a 21 statement from a licensed physician, physician assistant, 22 advanced registered nurse practitioner, or chiropractor stating 23 the nature of the person’s disability. 24 The bill takes effect January 1, 2012, and applies to new 25 placards issued on or after that date. Nonexpiring placards 26 issued before January 1, 2012, will continue to be valid after 27 that date. 28 -6- LSB 1415HV (2) 84 dea/nh 6/ 6