SB157 Alabama 2010 Session

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 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

This bill would provide that it would be unlawful for a person to park a motor vehicle in any parking place on public or private property designated for individuals with disabilities unless the vehicle is displaying a handicapped license plate or placard and the motor vehicle is being parked in connection with the transportation of a qualified disabled individual

Any violation of this law as amended would be subject to existing penalties

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 32-6-233.1, Code of Alabama 1975, relating to the unauthorized parking of motor vehicles in handicapped parking spaces; to provide that it shall be unlawful for a person to park a motor vehicle used for transporting disabled individuals in any parking place designated for individuals with disabilities on public or private property; to provide that violations will be subject to existing penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.