HCS CSSB 206(FIN) am H: "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 HOUSE CS FOR CS FOR SENATE BILL NO. 206(FIN) am H 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. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 INTENT. It is the intent of this Act that local law enforcement agencies should use 07 volunteer citizens or volunteer citizen patrol groups to enforce the provisions of this Act 08 whenever possible. 09 * Sec. 2. AS 28.10.181(d) is amended to read: 10 (d) Vehicles owned by [DISABLED] veterans with disabilities, including 11 persons disabled in the line of duty while serving in the Alaska Territorial Guard, or 12 other persons with disabilities. Upon the request of a person with a disability that 13 limits or impairs the ability to walk, as defined in 23 C.F.R. 1235.2, the department 14 shall (1) register one passenger vehicle in the name of the person without charge; and
01 (2) issue a specially designed registration plate that displays (A) recognition of the 02 disabled veteran if the applicant's disability originated from the applicant's service 03 with the Alaska Territorial Guard or the armed forces of the United States; and (B) the 04 international [STANDARD] symbol of accessibility [DISABILITY] (the wheelchair 05 logo). A disabled veteran who is not otherwise qualified under this subsection, but 06 who presents to the department written proof that the person has [IS] at least a 70 07 percent disability [DISABLED OR MEDICALLY HANDICAPPED] as a 08 consequence of service in the Alaska Territorial Guard or the armed forces of the 09 United States, may register one passenger vehicle without charge, and the department 10 shall issue a specially designed registration plate that displays recognition of the 11 disabled veteran that does not display the international [STANDARD HANDICAP] 12 symbol of accessibility and does not carry with it special parking privileges. For 13 purposes of this subsection, proof of disability may be provided by a person licensed 14 as a physician under AS 08.64 or as an advanced nurse practitioner under AS 08.68. 15 * Sec. 3. AS 28.10.421(d)(3) is amended to read: 16 (3) a vehicle owned by a [DISABLED VETERAN OR OTHER 17 HANDICAPPED] person with a disability [,] and registered under AS 28.10.181, or 18 by a resident 65 years of age or older who files a written application for an exemption 19 on a form prescribed by the department ............................................................... none; 20 * Sec. 4. AS 28.10.441 is amended to read: 21 Sec. 28.10.441. Schedule of other fees and charges. The following fees and 22 charges are imposed by the department for the stated services which it provides: 23 (1) title fee, including transfer of title ............................................ $ 5; 24 (2) lien filing fee ............................................................................. $ 5; 25 (3) replacement of any registration plate set, including special request 26 plates ........................................................................................................... 27 (4) duplicate of original certificate of title ..................................... $ 5; 28 (5) duplicate of certificate of registration ....................................... $ 2; 29 (6) temporary preregistration permit issued under AS 28.10.031..none; 30 (7) special transport permit issued under AS 28.10.151 ................ $ 5; 31 (8) special permit for vehicle used for transport of a [DISABLED OR
01 HANDICAPPED] person with a disability issued under AS 28.10.495 ............ none. 02 * Sec. 5. AS 28.10.495 is amended to read: 03 Sec. 28.10.495. Parking permit for vehicle transporting a [DISABLED] 04 person with a disability. (a) Upon application by a [DISABLED OR MEDICALLY 05 HANDICAPPED] person with a disability, or by an organization that transports 06 [DISABLED OR MEDICALLY HANDICAPPED] persons with disabilities, the 07 department or a person authorized by the department shall issue to the applicant, 08 without charge, a special permit bearing the control number of the applicant. The 09 permit issued under this section, when displayed in the front windshield of a parked or 10 standing vehicle, shall provide for special consideration by the public with respect to 11 the parking or standing in designated spaces of a vehicle that is being used for the 12 transportation of a [DISABLED OR MEDICALLY HANDICAPPED] person with a 13 disability. 14 (b) A person is not entitled to use the special permit provided for in (a) of this 15 section except when providing transportation for a [DISABLED OR 16 HANDICAPPED] person with a disability. Upon the death of a [DISABLED OR 17 HANDICAPPED] person with a disability to whom a special permit has been issued, 18 the special permit shall be returned to the department. If an organization to which a 19 special permit has been issued ceases transporting [DISABLED OR HANDICAPPED] 20 persons with disabilities, or ceases operating, it shall return the special permit to the 21 department. 22 (c) Proof of disability [DISABLEMENT OR MEDICAL HANDICAP], for 23 the purpose of this section, shall be the same as that required for the purposes of 24 AS 28.10.181(d). 25 * Sec. 6. AS 28.15.231(b) is amended to read: 26 (b) Except as otherwise provided in AS 28.35.235(b), points [POINTS] may 27 not be assessed for violating a provision of a state law or regulation or a municipal 28 ordinance regulating standing, parking, equipment, size, or weight; nor may points be 29 assessed for violations by pedestrians, passengers, or bicycle riders, or for violations 30 of provisions relating to the preservation of the condition of traffic-control devices on 31 the highways. Points shall be assessed for violations of oversize or overweight
01 permits relating only to restrictions upon speed or hours of operation. 02 * Sec. 7. AS 28.35.235 is amended to read: 03 Sec. 28.35.235. Unauthorized use of parking reserved for persons with 04 disabilities; penalties [HANDICAPPED PARKING; MINIMUM FINE]. (a) A 05 person may not park a motor vehicle in a parking place reserved for a person with a 06 disability [DISABLED OR MEDICALLY HANDICAPPED PERSONS] unless 07 (1) the person operating the vehicle has a special permit issued by the 08 department under AS 28.10.495; 09 (2) the person operating the vehicle has parked the vehicle for the 10 purpose of transporting a person who has a special permit issued by the 11 department under AS 28.10.495 and the person who has the special permit 12 actually exits or enters the vehicle; 13 (3) the motor vehicle displays a special license plate issued to a person 14 with a disability [DISABLED OR HANDICAPPED PERSONS] under 15 AS 28.10.181(d) and is operated by or used for the purpose of transporting a 16 person with a disability; or 17 (4) [(3)] the motor vehicle displays a special license plate or permit 18 issued to [DISABLED OR HANDICAPPED] persons with disabilities by another 19 state, province, territory, or country and is being operated by or used for the 20 purpose of transporting a person with a disability. 21 (b) A person who violates this section is guilty of an infraction. Upon 22 conviction, the court shall impose a fine of not less than $125, or, if the person has 23 been previously convicted under this section, the court shall impose a fine of not 24 less than $250. However, a person who violates this section and who was, at the 25 time of the violation, operating a vehicle displaying a special license plate issued 26 under AS 28.10.181(d) or a special permit issued under AS 28.10.495(a) shall, 27 upon conviction, pay a fine of $250 or, if the person has been previously convicted 28 under this section, pay a fine of $500 [$100]. 29 * Sec. 8. AS 28.35.235 is amended by adding a new subsection to read: 30 (c) A municipality may enact ordinances necessary to enforce this section.