HB 92

Sponsor
Session
Regular Session 2018
Title
Motor vehicles, license tags and plates, Dept. of Veterans Affairs, placard for certain military honors, provided, prohibit parking in parking places reserved for recipients of certain military honors
Description

Under existing law, a distinctive permanent license plate is issued to certain residents who are recipients of certain military honors and to certain residents who are recognized as former prisoners of war

This bill would provide for the issuance of a removable windshield placard to certain residents who are recipients of certain military honors and to certain residents who are recognized as former prisoners of war

This bill would provide that it is unlawful for a person to park a motor vehicle at any place of public accommodation that is designated for an individual who has received a specific military honor or for an individual with a specific veteran status who does not have the corresponding distinctive license plate or removable windshield placard

This bill would provide for an affirmative defense to a prosecution of the bill for an individual who is in fact a recipient of the designated military honor or who is in fact recognized as a former prisoner of war

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

Relating to license tags and plates; to provide for the issuance of a removable windshield placard to certain recipients of certain military honors or who are recognized as having a certain veteran status; to provide that it is unlawful to park in certain parking spaces designated for recipients of a certain military honor or for individuals with a specific veteran status under certain conditions; to provide for an affirmative defense; to provide for criminal 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.

Subjects
Motor Vehicles
View Original PDF: HB 92 - Introduced - PDF

Under existing law, a distinctive permanent license plate is issued to certain residents who are recipients of certain military honors and to certain residents who are recognized as former prisoners of war

This bill would provide for the issuance of a removable windshield placard to certain residents who are recipients of certain military honors and to certain residents who are recognized as former prisoners of war

This bill would provide that it is unlawful for a person to park a motor vehicle at any place of public accommodation that is designated for an individual who has received a specific military honor or for an individual with a specific veteran status who does not have the corresponding distinctive license plate or removable windshield placard

This bill would provide for an affirmative defense to a prosecution of the bill for an individual who is in fact a recipient of the designated military honor or who is in fact recognized as a former prisoner of war

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

Relating to license tags and plates; to provide for the issuance of a removable windshield placard to certain recipients of certain military honors or who are recognized as having a certain veteran status; to provide that it is unlawful to park in certain parking spaces designated for recipients of a certain military honor or for individuals with a specific veteran status under certain conditions; to provide for an affirmative defense; to provide for criminal 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.

Section 1

(a) Any person who submits to the Department of Veterans Affairs an application which includes satisfactory proof that he or she is a recipient of the Medal of Honor, the Purple Heart Medal, the Army Distinguished Service Cross, the Navy Cross, the Air Force Cross, the Silver Star, or the Bronze Star, or satisfactory proof that he or she was a duly recognized former prisoner of war, shall be issued a removable windshield placard displaying the appropriate military honor or veteran status. The application shall be on a form approved by the Department of Veterans Affairs. There shall be no fee for the removable windshield placard. (b) The removable windshield placard shall be prepared by the Department of Veterans Affairs in cooperation with the Department of Revenue. (c) The removable windshield placard shall be designed to hang from the front windshield rearview mirror when the vehicle is parked in a parking space reserved for persons with the corresponding military honor or veteran status. If the vehicle lacks a rearview mirror, the placard shall be placed on the dashboard. (d) The Commissioner of the Department of Veterans Affairs may adopt rules necessary to implement and administer this act.

Section 2

(a) It shall be unlawful for any person to park a motor vehicle in a parking place at any place of public accommodation that is designated for an individual who has received a specific military honor or for an individual with a specific veteran status who does not have the corresponding distinctive license plate as provided in Section 32-6-250, Code of Alabama 1975, or the corresponding removable windshield placard as provided in Section 1. (b) A violation of this section results in a fine of twenty-five dollars ($25) for a first offense, fifty dollars ($50) for a second offense, and one hundred dollars ($100) for a third or subsequent offense. (c) It shall be an affirmative defense to a prosecution under this section if the defendant is in fact a recipient of the military honor or has the veteran status that was designated at the parking place at which the alleged violation occurred. (d) Any authorized municipal, county, or state law enforcement officer may enter upon private property to enforce this section. (e) 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, Code of Alabama 1975, including, but not limited to, municipal law enforcement officers, sheriffs, deputy sheriffs, and Alabama State Troopers. (f)(1) If the law enforcement officer who issues the parking violation under this section is employed by a local law enforcement agency, 50 percent of the fine collected under this section shall be paid to the municipal or county general fund for the use of the law enforcement agency by which the arresting officer is employed. The remainder shall be remitted to the State Treasury, to be deposited in a separate fund, to be distributed as follows: a. Fifty percent to the Administrative Office of Courts. b. Fifty percent to the Department of Veterans Affairs. (2) If the law enforcement officer who issues the parking violation is employed by a state law enforcement agency, the fine collected under this section shall be remitted to the State Treasury, to be deposited in a separate fund and distributed as follows: a. Fifty percent to the law enforcement agency of the arresting officer. b. Twenty-five percent to the Administrative Office of Courts. c. Twenty-five percent to the Department of Veterans Affairs. (3) All funds remitted to the State Treasury and deposited into a separate fund under this subsection shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12, Code of Alabama 1975.

Section 3

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
February 20, 2018SVeterans and Military Affairs first Amendment Offered
February 20, 2018HAssigned Act No. 2018-133.
February 20, 2018HDelivered to Governor at 2:47 p.m. on February 20, 2018.
February 20, 2018HClerk of the House Certification
February 20, 2018SSignature Requested
February 20, 2018HEnrolled
February 20, 2018SConcurred in Second House Amendment
February 20, 2018HMoore (B) motion to Concur In and Adopt adopted Roll Call 379
February 20, 2018HConcurrence Requested
February 15, 2018SMotion to Read a Third Time and Pass adopted Roll Call 427
February 15, 2018SHolley motion to Adopt adopted Roll Call 426
February 15, 2018SHolley Amendment Offered
February 15, 2018SHolley motion to Table adopted Voice Vote
February 15, 2018SVeterans and Military Affairs Amendment Offered
February 15, 2018SThird Reading Passed
February 15, 2018SHolley motion to Carry Over to the Call of the Chair adopted Voice Vote
February 15, 2018SThird Reading Carried Over to Call of the Chair
January 25, 2018SRead for the second time and placed on the calendar 1 amendment
January 16, 2018SRead for the first time and referred to the Senate committee on Veterans and Military Affairs
January 16, 2018HCosponsors Added
January 16, 2018HMotion to Read a Third Time and Pass adopted Roll Call 27
January 16, 2018HThird Reading Passed
January 11, 2018HRead for the second time and placed on the calendar
January 9, 2018HRead for the first time and referred to the House of Representatives committee on Military and Veterans Affairs
2018-02-20
Chamber: House
Result: Passed
2018-02-15
Chamber: Senate
Result: Passed
2018-02-15
Chamber: Senate
Result: Passed
2018-01-16
Chamber: House
Result: Passed