SB 206: "An Act relating to registration plates and parking permits for persons with disabilities and to illegal use of parking spaces for persons with disabilities."
00 SENATE BILL NO. 206 01 "An Act relating to registration plates and parking permits for persons with disabilities 02 and to illegal use of parking spaces for persons with disabilities." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.10.181(d) is amended to read: 05 (d) Vehicles owned by [DISABLED] veterans with disabilities, including 06 persons disabled in the line of duty while serving in the Alaska Territorial Guard, or 07 other persons with disabilities. Upon the request of a person with a disability that 08 limits or impairs the ability to walk, as defined in 23 C.F.R. 1235.2, the department 09 shall (1) register one passenger vehicle in the name of the person without charge; 10 [AND] (2) issue a specially designed registration plate that displays (A) recognition of 11 the disabled veteran if the applicant's disability originated from the applicant's service 12 with the Alaska Territorial Guard or the armed forces of the United States; and (B) the 13 international [STANDARD] symbol of accessibility [DISABILITY] (the wheelchair 14 logo); and (3) if the person provides written proof that the disability is
01 permanent, issue a photographic identification card authorizing the person to use 02 parking spaces for a person with a disability. A disabled veteran who is not 03 otherwise qualified under this subsection, but who presents to the department written 04 proof that the person has [IS] at least a 70 percent disability [DISABLED OR 05 MEDICALLY HANDICAPPED] as a consequence of service in the Alaska Territorial 06 Guard or the armed forces of the United States, may register one passenger vehicle 07 without charge, and the department shall issue a specially designed registration plate 08 that displays recognition of the disabled veteran that does not display the 09 international [STANDARD HANDICAP] symbol of accessibility and does not carry 10 with it special parking privileges. For purposes of this subsection, proof of disability 11 may be provided by a person licensed as a physician under AS 08.64 or as an 12 advanced nurse practitioner under AS 08.68. 13 * Sec. 2. AS 28.10.421(d)(3) is amended to read: 14 (3) a vehicle owned by a [DISABLED VETERAN OR OTHER 15 HANDICAPPED] person with a disability [,] and registered under AS 28.10.181, or 16 by a resident 65 years of age or older who files a written application for an exemption 17 on a form prescribed by the department ............................................................... none; 18 * Sec. 3. AS 28.10.441 is amended to read: 19 Sec. 28.10.441. Schedule of other fees and charges. The following fees and 20 charges are imposed by the department for the stated services which it provides: 21 (1) title fee, including transfer of title ............................................ $ 5; 22 (2) lien filing fee ............................................................................. $ 5; 23 (3) replacement of any registration plate set, including special request 24 plates ........................................................................................................... 25 (4) duplicate of original certificate of title ..................................... $ 5; 26 (5) duplicate of certificate of registration ....................................... $ 2; 27 (6) temporary preregistration permit issued under AS 28.10.031..none; 28 (7) special transport permit issued under AS 28.10.151 ................ $ 5; 29 (8) special permit for vehicle used for transport of a [DISABLED OR 30 HANDICAPPED] person with a disability issued under AS 28.10.495 ............ none. 31 * Sec. 4. AS 28.10.495 is amended to read:
01 Sec. 28.10.495. Parking permit for vehicle transporting a [DISABLED] 02 person with a disability. (a) Upon application by a [DISABLED OR MEDICALLY 03 HANDICAPPED] person with a disability, or by an organization that transports 04 [DISABLED OR MEDICALLY HANDICAPPED] persons with disabilities, the 05 department or a person authorized by the department shall issue to the applicant, 06 without charge, a special permit bearing the control number of the applicant. The 07 permit issued under this section, when displayed in the front windshield of a parked or 08 standing vehicle, shall provide for special consideration by the public with respect to 09 the parking or standing in designated spaces of a vehicle that is being used for the 10 transportation of a [DISABLED OR MEDICALLY HANDICAPPED] person with a 11 disability. 12 (b) A person is not entitled to use the special permit provided for in (a) of this 13 section except when providing transportation for a [DISABLED OR 14 HANDICAPPED] person with a disability. Upon the death of a [DISABLED OR 15 HANDICAPPED] person with a disability to whom a special permit has been issued, 16 the special permit shall be returned to the department. If an organization to which a 17 special permit has been issued ceases transporting [DISABLED OR HANDICAPPED] 18 persons with disabilities, or ceases operating, it shall return the special permit to the 19 department. 20 (c) Proof of disability [DISABLEMENT OR MEDICAL HANDICAP], for 21 the purpose of this section, shall be the same as that required for the purposes of 22 AS 28.10.181(d). 23 * Sec. 5. AS 28.15.231(b) is amended to read: 24 (b) Except as otherwise provided in AS 28.35.235(b), points [POINTS] may 25 not be assessed for violating a provision of a state law or regulation or a municipal 26 ordinance regulating standing, parking, equipment, size, or weight; nor may points be 27 assessed for violations by pedestrians, passengers, or bicycle riders, or for violations 28 of provisions relating to the preservation of the condition of traffic-control devices on 29 the highways. Points shall be assessed for violations of oversize or overweight 30 permits relating only to restrictions upon speed or hours of operation. 31 * Sec. 6. AS 28.35.235 is amended to read:
01 Sec. 28.35.235. Unauthorized use of parking reserved for persons with 02 disabilities; penalties [HANDICAPPED PARKING; MINIMUM FINE]. (a) A 03 person may not park a motor vehicle in a parking place reserved for a person with a 04 disability [DISABLED OR MEDICALLY HANDICAPPED PERSONS] unless 05 (1) the person operating the vehicle has a special permit issued by the 06 department under AS 28.10.495 and carries a photographic identification card 07 issued under AS 28.10.181(d); 08 (2) the person operating the vehicle has parked the vehicle for the 09 purpose of transporting a person who has a special permit issued by the 10 department under AS 28.10.495 and carries a photographic identification card 11 issued under AS 28.10.181(d); 12 (3) the motor vehicle displays a special license plate issued to a person 13 with a disability [DISABLED OR HANDICAPPED PERSONS] under 14 AS 28.10.181(d) and is operated by or used for the purpose of transporting a 15 person with a disability; or 16 (4) [(3)] the motor vehicle displays a special license plate or permit 17 issued to [DISABLED OR HANDICAPPED] persons with disabilities by another 18 state, province, territory, or country and is being operated by or used for the 19 purpose of transporting a person with a disability. 20 (b) A person who violates this section is guilty of an infraction. Upon 21 conviction, the court shall impose a fine of not less than $125, and the department 22 shall assess two points against the person's driver's license. However, a person 23 who violates this section and who was, at the time of the violation, operating a 24 vehicle displaying a special license plate issued under AS 28.10.181(d) or a special 25 permit issued under AS 28.10.495(a) shall, upon conviction, pay a fine of $250 26 and perform eight hours of community service, and the department shall assess 27 four points against the person's driver's license [$100]. 28 * Sec. 7. AS 28.35.235 is amended by adding a new subsection to read: 29 (c) A municipality may enact ordinances necessary to enforce this section. 30 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 TRANSITION. The Department of Administration shall issue photographic 02 identification cards, as required by sec. 1 of this Act, upon registration or renewal of 03 registration as described under AS 28.10.181(d).