S 1284 — BOOTING COMPANIES – Amends and adds to existing law to provide for regulation of booting companies by local governments and to allow booting of motor vehicles on private property.

(178) "Principal place of business" means an enclosed commercial struc- ture located within the state, easily accessible and open to the public at all reasonable times, with an improved display area large enough to display five (5) or more vehicles of the type the dealer is licensed to sell, imme- diately adjoining the building, and at which the business of a dealership, including the display and repair of vehicles, may be lawfully carried on in accordance with the terms of all applicable building codes, zoning and other land-use regulatory ordinances, and in which building the public shall be able to contact the dealer or his salesmen in person or by telephone at all reasonable times.

The books, records and files necessary to conduct the business of the dealership must be kept or reproduced electronically at the dealership's licensed location(s).

A dealership keeping its physical books, records and files at an off-site location must notify the department in writing of such location at least thirty (30) days in advance of moving such books, records and files off site.

Physical books, records and files must be made available to the department upon request within three (3) busi- ness days of such request.

The principal place of business shall display an exterior sign permanently affixed to the land or building, with letters clearly visible to the major avenue of traffic.

In no event shall a room or rooms in a hotel, rooming house, or apartment house building or a part of any single or multiple unit dwelling house be considered a "principal place of business" within the terms and provisions of this title unless the entire ground floor of that hotel, apartment house, or rooming house building or dwelling house be devoted principally to and occupied for commercial pur- poses, and the office or offices of the dealer be located on the ground floor.

(189) "Private property open to the public" means real property not owned by the federal government or the state of Idaho or any of its political subdivisions, but is available for vehicular traffic or parking by the gen- eral public with the permission of the owner or agent of the real property.

(1920) "Private road" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

(201) "Proof of financial responsibility" means proof of ability to re- spond in damages for liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, mainte- nance or use of a motor vehicle, in the amount of twenty-five thousand dol- lars ($25,000) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of fifteen thousand dollars ($15,000) because of injury to or destruction of property of others in any one (1) accident.

(212) "Proper authority" means a public highway agency.

(223) "Public highway agency" means the state transportation depart- ment, any city, county, highway district or any other state agency that has jurisdiction over public highway systems and public rights-of-way.

(234) "Public right-of-way" means a right-of-way open to the public and under the jurisdiction of a public highway agency, where the public highway agency has no obligation to construct or maintain said right-of-way for ve- hicular traffic.

(245) "Public road jurisdiction" means a public highway agency.

(256) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho Code) SECTION 4.

That Section 49-208, Idaho Code, be, and the same is hereby amended to read as follows:

49-208.

POWERS OF LOCAL AUTHORITIES.

(1) The provisions of this title shall not be deemed to prevent local authorities with respect to highways un- der their jurisdiction and to private property within their jurisdiction and within the reasonable exercise of the police power from:

(a) Regulating or prohibiting stopping, standing or parking;

(b) Regulating traffic by means of peace officers or traffic-control devices;

(c) Regulating or prohibiting processions or assemblages on the high- ways;

(d) Designating particular highways for use by traffic moving in one (1) direction;

(e) Establishing speed limits for vehicles in public parks;

(f) Designating any highway as a through highway or designating any in- tersection or junction of highways as a stop or yield intersection or junction;

(g) Restricting the use of highways as authorized in chapter 10, title 49, Idaho Code;

(h) Regulating or prohibiting the turning of vehicles or specified types of vehicles;

(i) Altering or establishing speed limits;

(j) Designating no-passing zones;

(k) Prohibiting or regulating the use of controlled-access highways by any class or kind of traffic;

(l) Prohibiting or regulating the use of heavily traveled highways by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;

(m) Establishing minimum speed limits;

(n) Prohibiting pedestrians from crossing a highway in a business dis- trict or any designated highway except in a crosswalk;

(o) Restricting pedestrian crossings at unmarked crosswalks;

(p) Establishing the maximum speed of vehicles on a bridge or other ele- vated structure;

(q) Requiring written accident reports;

(r) Regulating persons propelling pushcarts;

(s) Regulating persons upon skates, coasters, sleds and other toy vehi- cles;

(t) Adopting and enforcing temporary or experimental regulations as may be necessary to cover emergencies or special conditions;

(u) Prohibiting drivers of ambulances from exceeding maximum speed limits;

(v) Adopting such other traffic regulations as are specifically autho- rized by this title.

(2) No ordinance or regulation enacted under paragraphs (d) through (p) of subsection (1) of this section shall be effective until traffic-control devices giving notice of local traffic regulations are erected upon or at the entrances to the highway or part affected as may be most appropriate.

(3) No local authority shall erect or maintain any traffic-control de- vice at any location so as to require traffic on any state highway to stop be- fore entering or crossing any intersecting highway unless approval in writ- ing has first been obtained from the department.

(4) Local authorities by ordinance may adopt by reference all or any part of title 49, Idaho Code, without publishing or posting in full the pro- visions thereof, provided that not less than one (1) copy is available for public use and examination in the office of the clerk.

(5) Local authorities may adopt an ordinance establishing procedures for the abatement and removal of abandoned, junk, dismantled or inoperative vehicles or their parts from private or public property, including highways, provided the ordinance is not in conflict with the provisions of this title.

SECTION 5.

(1) Any person having possession or control of real propertyprop- erty who finds an unauthorized vehicle standing upon his property is permittedpermit- ted to have the vehicle removed or booted if there is posted on or near the property in a clearly conspicuous location, in large print, a sign or notice that unauthorized vehicles will be removed or booted at the owner's expense and designating the name of the towing firmfirm. or parking enforcement company .

SECTION 6.5.

That Chapter 18, Title 49, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and des- ignated as Section 49-1806A, Idaho Code, and to read as follows:

49-1806A.

PARKING ENFORCEMENT COMPANY.

Any person engaged in the business of a parking enforcement company in any county or municipality in the state of Idaho shall comply with all the requirements of this chapter and all the licensing and other requirements of any ordinance regulating such business by the county or municipality in which the person engages in such business.

No person shall boot a motor vehicle parked on private prop- erty unless such person has a written contract with the owner of the private property or his authorized representative to boot motor vehicles parked on any such property.

No person shall boot a motor vehicle parked on private property unless a sign is posted at each lot entrance.

In addition, each sign shall contain the information, which may be prescribed by the county or mu- nicipality.

The ordinance of the county or municipality shall provide that a parking enforcement company shall use all reasonable care not to damage a motor vehicle being booted, and the ordinance shall provide how the owner may recover damages from the parking enforcement company if such damage occurs at the hands of the parking enforcement company, its employees or agents.

Nothing in the chapter shall be deemed to affect civil or criminal remedies or lien rights available to a parking enforcement company for damage or theft of a lawfully applied boot to a motor vehicle.

SECTION 7.

SECTION 8.6.

That Section 49-104, Idaho Code, be, and the same is hereby amended to read as follows:

49-104.

DEFINITIONS -- C.

(1) "Cancellation of driver's license" means the annulment or termination by formal action of the department of a person's driver's license because of some error or defect in the driver's license or because the licensee is no longer entitled to the driver's li- cense.

The cancellation of a driver's license is without prejudice and after compliance with requirements, the individual may apply for a new driver's license at any time after cancellation.

(2) "Caravaning" means the transportation of any motor vehicle into, out of, or within the state operating on its own wheels or in tow for the pur- pose of sale or offer of sale by any agent, dealer, manufacturer's represen- tative, purchaser, or prospective purchaser, regardless of residence unless the motor vehicle is licensed by the state of Idaho, or is owned by an auto- mobile dealer, duly licensed as a dealer by this state.

It shall also be con- sidered as the transportation of property for hire by a motor vehicle upon the highways of this state.

(3) "Certificate of liability insurance" means a certificate of lia- bility insurance issued by an insurance company authorized to do business in this state or a certificate of liability insurance issued by the depart- ment of insurance which demonstrates current insurance against loss result- ing from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by accident and arising out of the op- eration, maintenance or use of a motor vehicle described in the certificate in an amount not less than that required by section 49-117(20 1), Idaho Code, and also demonstrates the current existence of any other coverage required by title 41, Idaho Code, or a certificate of self-insurance issued pursuant to law for each motor vehicle to be registered.

A certificate of liability insurance shall contain the information required by the department of insur- ance, including the name and address of the owner of the motor vehicle and a description of the motor vehicle including identification number if there is one, or a statement that all vehicles owned by a person or entity are covered by insurance, the inception date of coverage, and the name of the insurer.

"Certificate of liability insurance" may also include the original contract of liability insurance or a true copy, demonstrating the current existence of the liability insurance described in this subsection.

(4) "Certification of safety compliance" means that a motor carrier certifies as part of its registration process that it has knowledge of the federal regulations and rules promulgated by the Idaho transportation de- partment and the Idaho state police applicable to motor carriers.

(5) "Chains" means metal traction devices required pursuant to section 49-948, Idaho Code, which consist of two (2) circular metal loops, one (1) on each side of the tire, connected by not less than nine (9) evenly spaced chains across the tire tread.

(6) "Coerce" means to compel or attempt to compel by threat or use of force.

(7) "Commercial coach." (See section 39-4301, Idaho Code) (8) "Commercial driver's license" means any class A, class B or class C driver's license as defined in section 49-105, Idaho Code.

(9) "Commercial driver license information system (CDLIS)" is the in- formation system established to serve as a clearinghouse for locating infor- mation related to the licensing and identification of motor vehicle drivers.

(10) "Commercial driver training school" means a business enterprise conducted by an individual, association, partnership, or corporation, for the education and training of persons, either practically or theoretically, or both, to operate or drive motor vehicles, and charging a consideration or tuition for such services.

(11) "Commercial learner's permit" means a permit issued to an indi- vidual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383.5, that when carried with a valid driver's license issued by the same state or jurisdiction, authorizes the individual to operate a commercial vehicle when accompanied by a holder of a valid com- mercial driver's license (CDL) for purposes of behind-the-wheel training.

(12) "Commercial vehicle" or "commercial motor vehicle." (See "Vehi- cle," section 49-123, Idaho Code) (13) "Compliance review" means an on-site examination of motor car- rier operations, which may be at the carrier's place of business, including driver's hours of service, vehicle maintenance and inspection, driver qualifications, commercial driver's license requirements, financial re- sponsibility, accidents, hazardous materials, and such other related safety and transportation records to determine safety fitness.

(14) "Controlled substance" means any substance so classified under section 102(6) of the controlled substances act, 21 U.S.C.

802(6), and in- cludes all substances listed on schedules I through V, of 21, CFR part 1308, as they may be revised from time to time.

(15) "Conviction" means:

(a) The person has pled guilty or has been found guilty, notwithstand- ing the form of the judgment or withheld judgment.

A conviction for pur- poses of this title shall also include an infraction judgment.

(b) For purposes of disqualification or withdrawal of commercial vehi- cle driving privileges only, "conviction" means an unvacated adjudica- tion of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an autho- rized administrative tribunal, an unvacated forfeiture of bail or col- lateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regard- less of whether or not the penalty is rebated, suspended or probated.

(16) "Crosswalk" means:

(a) That part of a highway at an intersection included within the con- nections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable highway;

and in the absence of a sidewalk on one side of the highway, that part of a highway included within the exten- sion of the lateral lines of the existing sidewalk at right angles to the centerline.

(b) Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the sur- face.

SECTION 9.

That Section 49-410, Idaho Code, be, and the same is hereby amended to read as follows:

49-410.

SPECIAL LICENSE PLATES AND PLACARDS FOR PERSONS WITH A DIS- ABILITY -- PARKING PRIVILEGES -- PLACARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS -- ENFORCEMENT.

(1) Any person with a disability as defined in sec- tion 49-117, Idaho Code, or any parent or guardian of a dependent child with a disability as defined in section 49-117, Idaho Code, without regard to the age of the dependent child, shall be eligible for the use of special license plates bearing the international accessible symbol, for any vehicle owned by such person or owned by a qualified parent or guardian, but excluding any commercial vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds.

The parking privileges granted under the provi- sions of subsection (7) of this section shall apply to any vehicle displaying special license plates or placard issued pursuant to this section.

(2) Registration and license plate fees for vehicles owned by a per- son with a disability or qualified parent or guardian of a dependent child with a disability, shall be as provided, respectively, in sections 49-402, 49-434(1) and 49-450, Idaho Code.

Nothing in this section shall be construed as abrogating provisions of section 49-445, Idaho Code.

The use of the spe- cial placard issued under the provisions of subsection (4) of this section, shall not exempt the owner of a motor vehicle from otherwise properly regis- tering and licensing the motor vehicle.

(3) Special license plates for persons with a disability and for the parent or guardian of a dependent child with a disability, shall be the same size and color as other license plates, and shall have displayed upon them the registration numbers assigned to the vehicle and to the owner.

The plates shall be numbered in a manner prescribed by the department, but the plates shall display the international accessible symbol.

International Accessible Symbol (4) The department shall issue a special placard bearing the interna- tional accessible symbol and other information the department may require, to:

(a) Any qualified person with a disability who does not own a motor ve- hicle;

(b) Any qualified person with a disability who owns a motor vehicle, without regard to weight or use of the vehicle;

(c) Any parent or guardian of a dependent child with a disability who owns a motor vehicle without regard to weight or use of the vehicle;

(d) Any business entity which is engaged in transportation of persons with a disability, which business shall not be required to submit a physician's certification.

In addition to other application require- ments, a business applicant shall sign a declaration that he is engaged in the transportation of persons with a disability.

A business entity may include, but not be limited to, hospitals, nursing homes, federal, state and local governmental agencies and taxicabs.

(5) Any person or business issued a special placard shall affix the spe- cial placard to a motor vehicle in a conspicuous place designated by the de- partment.

The placard shall bear distinguishing marks, letters or numerals indicating the vehicle is utilized by a permanently disabled person.

When the placard is affixed to a motor vehicle and the motor vehicle is transport- ing a person with a disability, special parking privileges are granted as provided in subsection (7) of this section.

(6) Application for special license plates, a special placard, or both as applicable and at the option of the applicant, shall be made upon a form furnished by the department and shall include a written certifica- tion by a licensed physician, licensed physician assistant, or licensed advanced practice professional nurse verifying that the applicant's stated impairment qualifies as a disability according to the provisions of section 49-117, Idaho Code.

(7) Any motor vehicle displaying special license plates for a person with a disability, without regard to the state of residence or displaying the special placard provided in subsections (4) and (8) of this section, shall be allowed to park for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted, to park in spaces and zones designated for persons with a disability, and to park in any public parking space with metered parking without being required to pay any parking meter fee.

The provisions of this subsection shall not be applicable to those zones or areas in which the stopping, parking, or stand- ing of all vehicles is prohibited or which are reserved for special types of vehicles, to areas where vehicular parking is prohibited for periods in ex- cess of forty-eight (48) hours, or to areas where parking is prohibited for certain periods of time in order to allow snow removal, street construction or maintenance or for other emergency purposes.

Nothing herein shall pro- hibit the designation of parking spaces for use by disabled persons for un- limited periods of time.

(8) Any person who shall submit satisfactory proof to the department that he is so temporarily disabled as defined in section 49-117(7 8)(b), Idaho Code, shall be entitled to receive for one (1) motor vehicle only, a special placard to be affixed to a motor vehicle in a conspicuous place designated by the department, bearing distinguishing marks, letters or nu- merals indicating that the vehicle is utilized by a temporarily disabled person.

This special temporary placard shall be valid between one (1) and six (6) months depending on the written authorization of the licensed physician, licensed physician assistant, or licensed advanced practice pro- fessional nurse and as specified by the department on the placard.

(9) Any use of the plate or placard by any person other than those meet- ing the definition of disability under section 49-117(78)(b), Idaho Code, or as otherwise authorized by this section, to obtain parking shall constitute an infraction punishable by a fine of one hundred dollars ($100).

(10) Any person who unlawfully possesses, sells, copies, duplicates, distributes, manufactures or aids and abets in the unlawful possession, sale, copying, duplicating, distributing or manufacturing of a special plate or placard is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for a period not to exceed thirty (30) days or by both.

The court shall also impose as a term of the sentence a period not to exceed forty (40) hours of commu- nity service provided to a nonprofit organization which serves people with disabilities.

The unlawfully obtained special plate or placard shall be subject to confiscation by law enforcement officials.

Following conviction or dismissal, the special plate or placard confiscated by law enforcement shall be sent to the department.

Law enforcement officials and/or their designees as authorized by a city or county shall enforce the provisions of subsections (1) through (9) of this section and are empowered, using reasonable discretion, to check personal identification to determine if the user of the plate or placard is authorized to use accessible parking privileges.

Any fines collected shall be retained by the city or county whose law enforcement official issued the citation.

SECTION 10.

That Section 63-3022A, Idaho Code, be, and the same is hereby amended to read as follows:

63-3022A.

DEDUCTION OF CERTAIN RETIREMENT BENEFITS.

(a) An amount specified by subsection (b) of this section of the following retirement ben- efits may be deducted by an individual from taxable income if such individual has either attained age sixty-five (65) years, or has attained age sixty-two (62) years and is classified as disabled:

(1) Retirement annuities paid to a retired employee or the unmarried widow or widower of a retired employee by the United States of America under the:

(i) Civil service retirement system;

or (ii) Foreign service retirement and disability system;

or (iii) Offset program of the civil service retirement system or foreign service retirement and disability system.

(2) Retirement benefits paid from the firemen's retirement fund of the state of Idaho to a retired fireman or the unremarried widow or widower of a retired fireman.

(3) Retirement benefits paid to a retired Idaho city police officer:

(i) By a city or its agent in regard to a policeman's retirement fund that no longer admits new members and on January 1, 2012, was administered by a city in this state;

or (ii) In regard to a policeman's retirement fund that no longer ad- mits new members and on January 1, 2012, was administered by the public employee retirement system of Idaho;

or (iii) By the public employee retirement system of Idaho to a re- tired police officer in regard to Idaho employment not included in the federal social security retirement system;

or (iv) An unremarried widow or widower of a person described in sub- paragraph (i), (ii) or (iii) of this paragraph.

(4) Retirement benefits paid by the United States of America to a re- tired member of the military services of the United States or the unre- married widow or widower of such member.

(b) The amount of retirement benefits that may be deducted from tax- able income shall be an amount not in excess of maximum retirement benefits under the social security act, as amended, on the date on which this act is passed and approved, including adjustments to be made based upon consumer price index adjustments provided in section 215 of the social security act.

The state tax commission shall ascertain benefit changes made in accordance with the social security act and publish the appropriate deduction amounts provided by this section reflecting such changes annually.

Maximum retire- ment benefits under the social security act shall mean:

(1) In the case of a taxpayer who files a joint return with his spouse for the tax year, an amount equal to the maximum social security bene- fits payable for the tax year to a person attaining full retirement age in the tax year who has earned the maximum earnings creditable under so- cial security for the years used in the computation of his benefits, and whose spouse has no social security benefits except those payable on his record of earnings.

(2) In the case of a taxpayer who is not married, an amount equal to max- imum social security benefits payable for the tax year to a person at- taining full retirement age in the tax year who has earned the maximum earnings creditable under social security for the years used in the com- putation of his benefits.

(3) In the case of an unremarried widow or widower, an amount equal to the maximum social security benefits payable for the tax year to a widow or widower attaining full retirement age in the tax year who has no social security benefits except those to which he or she is entitled on his or her deceased spouse's record and whose spouse had received no reduced retirement benefits prior to his or her death and whose spouse had earned the maximum earnings creditable under social security for the years used in the computation of his or her benefits under social security.

(4) Maximum retirement benefits shall, in every case, take into con- sideration and be adjusted to reflect adjustments that would be made to such amounts had they been received as social security benefits as the result of the receipt of earnings in excess of earnings limitations.

The terms in this paragraph are those defined in the social security act.

(5) Taxpayers not described in paragraphs (1), (2), (3) and (4) of this subsection may not deduct any amount of retirement benefits under this section.

This includes retirement benefits paid by the federal employ- ees retirement system or foreign service pension system.

(c) The total deduction under this section may not exceed the total amount of retirement benefits or annuities which are described in subsection (a) of this section and which are included in the taxpayer's gross income in the tax year.

If the taxpayer or the taxpayer's spouse receives retirement benefits under the federal railroad retirement act or the federal social security act in the tax year, then the amount of any retirement annuities computed under subsection (b) of this section shall be reduced by the amount of such federal railroad retirement act and federal social security act re- tirement benefits received by either the taxpayer or the taxpayer's spouse, and the lesser of the amount so computed or the total amount of retirement benefits or annuities which are described in subsection (a) of this section and which are included in the taxpayer's gross income shall constitute the allowable deduction.

Furthermore, the allowable deduction as calculated under this section may be subject to additional limitations under section 63-3026A(6), Idaho Code, and the rules promulgated thereunder.

(d) As used in this section, the word "disabled" shall mean an indi- vidual who is a disabled person described in section 63-701, Idaho Code, or an individual who qualifies as a person with a "permanent disability" under section 49-117(7 8)(b)(iv), Idaho Code.

SECTION 11.