HB481 By Representative Johnson (K) RFD State Government Rd 1 06-APR-17

SYNOPSIS: Under existing law, it is unlawful for any person who does not have a distinctive special long-term access or long-term disability access license plate or placard or temporary disability placard to park in a special access or disability parking space. The amount of the fine for violating this law is required to be displayed on or attached to any sign designating a special access or disability parking space.

This bill would provide that the amount of the fine for illegally parking in a special access or disability parking space would not be required to be displayed or attached to any sign designating a special access or disability parking space.

A BILL TO BE ENTITLED AN ACT

To amend Section 32-6-233.1, Code of Alabama 1975, relating to disability access parking; to provide that the amount of the fine for violating this law is not required to be displayed or attached to any sign designating a special access or disability parking space.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 32-6-233.1, Code of Alabama 1975, is amended to read as follows:

§32-6-233.1.

"(a) It shall be unlawful for any person who does not have a distinctive special long-term access or long-term disability access license plate or placard or temporary disability placard as provided in Section 32-6-231, to park a motor vehicle in a parking place designated for individuals with disabilities at any place of public accommodation, any business or legal entity engaged in interstate commerce or which is subject to any federal or state laws requiring access by persons with disabilities, any amusement or resort or any other place to which the general public is invited or solicited, even though located on private property, and upon conviction, notwithstanding any other penalty provision which may be authorized or employed, shall be fined a minimum of fifty dollars ($50) for the first offense, a minimum of two hundred dollars ($200) for the second offense, and a minimum of five hundred dollars ($500) for the third or any subsequent offense. In addition, for the second or any subsequent offense under this section, the person shall be ordered by the court to perform a minimum of 40 hours of either of the following forms of community service:

"(1) Community service for a nonprofit organization that serves the disabled community or serves persons who have a disabling disease.

"(2) Any other community service that may sensitize the persons to the needs and obstacles faced daily by persons who have disabilities.

"(b) Any authorized municipal, county, or state law enforcement officer may go on private property to enforce this section.

"(c) This section may be enforced by any law enforcement officer who has successfully complied with the minimum standards for police officers as set forth in Section 36-21-46, including, but not limited to, municipal law enforcement officers, sheriffs, deputy sheriffs, and Alabama State Troopers.

A person issued a long-term special access or disability access placard or a temporary disability placard must be the driver or a passenger in a vehicle parked in a special access or disability parking place. Any law enforcement officer enforcing this section may ask for verification that the person issued the placard is the driver or passenger in the parked vehicle.

"(d) Any sign designating a handicapped special access parking or disability parking place shall may contain on the sign or attached to the sign the amount of the fine for a parking violation on the first offense pursuant to subsection (a).

"(e) If the law enforcement officer who issues the special access parking or disability parking violation is employed by a local law enforcement agency, 50 percent of the fines collected pursuant to this section shall be paid to the municipal or county general fund for the use of the law enforcement agency by whom the arresting officer is employed, with the remainder to be remitted to the State Treasury, to be deposited in a separate fund to be distributed 50 percent to the Administrative Office of Courts, to be expended for support of the trial courts and 50 percent to the Department of Mental Health, to be expended for the Individual and Family Support Program for persons with developmental disabilities.

"If the law enforcement officer who issues the special access parking or disability access parking violation is employed by a state law enforcement agency, the fines collected pursuant to this section shall be remitted to the State Treasury, to be deposited in a separate fund to be distributed 50 percent to the law enforcement agency by whom the arresting officer is employed, 25 percent to the Administrative Office of Courts, to be expended for support of the trial courts and 25 percent to the Department of Mental Health, to be expended for the Individual and Family Support Program for persons with developmental disabilities.

"All funds deposited to a separate fund in the State Treasury pursuant to this subsection to be expended by the Department of Mental Health, the Administrative Office of Courts and state law enforcement agencies shall be appropriated by the Legislature, for the purposes stated in this subsection. The expenditure of said sums so appropriated shall be budgeted and allotted pursuant to the Budget Management Act and Article 4 of Chapter 4 of Title 41. No monies deposited to this fund shall revert to the State General Fund at the end of any fiscal year. Prior to the release of any monies to the Individual and Family Support Program, such expenditures shall first be approved by the Commissioner of the Department of Mental Health.

"(f) This section shall be held in pari materia with all other provisions of law related to illegal special access parking or disability access parking violations and all laws or parts of laws which conflict with this section are repealed."

"(g) Municipal law enforcement officers, sheriffs, deputy sheriffs, and Alabama State Troopers, are authorized to have vehicles illegally parked in accessible parking spaces towed."

(h) Municipal law enforcement officers, sheriffs, deputy sheriffs, and Alabama State Troopers are authorized to ticket vehicles parked on access aisles. "Access aisles" are defined as the hash-marked or cross-striped space that is 5 feet or 8 feet wide that is directly next to the accessible parking space. "Access aisle" also has the same definition as contained within the 2010 Accessible Design Standards within the ADA.