Senate File 2015 - Introduced SENATE FILE 2015 BY JOHNSON A BILL FOR An Act relating to persons with disabilities registration 1 plates for motor vehicles owned by irrevocable trusts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5055XS (2) 86 ns/nh

S.F. 2015 Section 1. Section 321.34, subsection 14, Code 2016, is 1 amended to read as follows: 2 14. Persons with disabilities special plates. An owner 3 referred to in subsection 12 or an owner of a trailer used 4 to transport a wheelchair who is a person with a disability, 5 or who is the parent or guardian of a child who resides 6 with the parent or guardian owner and who is a person with 7 a disability, as defined in section 321L.1 , or an authorized 8 representative, if the owner is an irrevocable trust and the 9 primary user, as specified in the trust agreement or the 10 certification of trust or as authorized by the trustee, is a 11 person with a disability, may, upon written application to the 12 department, order special registration plates with a persons 13 with disabilities processed emblem designed by the department 14 bearing the international symbol of accessibility. The special 15 registration plates with a persons with disabilities processed 16 emblem shall only be issued if the application is accompanied 17 with a statement from a physician licensed under chapter 148 18 or 149 , a physician assistant licensed under chapter 148C , an 19 advanced registered nurse practitioner licensed under chapter 20 152 , or a chiropractor licensed under chapter 151 , written on 21 the physician’s, physician assistant’s, nurse practitioner’s, 22 or chiropractor’s stationery, stating the nature of the 23 applicant’s , or the applicant’s child’s , or the primary user’s 24 disability and such additional information as required by rules 25 adopted by the department, including proof of residency of a 26 child who is a person with a disability , where applicable . If 27 the application is approved by the department, the special 28 registration plates with a persons with disabilities processed 29 emblem shall be issued to the applicant. There shall be no 30 fee in addition to the regular annual registration fee for the 31 special registration plates with a persons with disabilities 32 processed emblem. The authorization for special registration 33 plates with a persons with disabilities processed emblem shall 34 not be renewed without the applicant furnishing evidence to 35 -1- LSB 5055XS (2) 86 ns/nh 1/ 2

S.F. 2015 the department that the owner of the vehicle , or the owner’s 1 child , or the primary user is still a person with a disability 2 as defined in section 321L.1 . An owner who has a child who is 3 a person with a disability shall provide satisfactory evidence 4 to the department that the child with a disability continues 5 to reside with the owner. The registration plates with a 6 persons with disabilities processed emblem shall be surrendered 7 in exchange for regular registration plates as provided in 8 subsection 12 when the owner of the vehicle , or the owner’s 9 child , or the primary user no longer qualifies as a person with 10 a disability as defined in section 321L.1 or when the owner’s 11 child who is a person with a disability no longer resides with 12 the owner. For the purpose of this subsection, “person with a 13 disability” means as defined in section 321L.1. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 Under current law, the owner of a motor vehicle, or the owner 18 of a trailer used to transport a wheelchair, who is a person 19 with a disability, or who is the parent or guardian of a child 20 with a disability, may apply for persons with disabilities 21 special registration plates. 22 This bill provides that if a motor vehicle is owned by an 23 irrevocable trust, an authorized representative of the trust 24 may apply for persons with disabilities special registration 25 plates if the primary user of the vehicle, as specified in the 26 trust agreement or the certification of trust or as authorized 27 by the trustee, is a person with a disability. 28 -2- LSB 5055XS (2) 86 ns/nh 2/ 2