Amendment No. 323

Senate Amendment to Senate Bill No. 338 (BDR 43-1158)

Proposed by: Committee on Transportation

Amendment Box: Resolves conflict with A.B. No. 45. Makes substantive changes.

Resolves Conflicts with: AB45

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, by deleting lines 12 through 15 and inserting:

"designated for the handicapped which:

(a) Is designed for the exclusive use of a vehicle with a side-loading wheelchair lift; and

(b) Is located in a parking lot with 60 or more parking spaces,

must be indicated by a sign using a combination of words to state that the space is for the exclusive use of a vehicle with a side-loading wheelchair lift.

3. If a parking space is designed for the use of a vehicle with a side-loading wheelchair lift, the space which is immediately adjacent and intended for use in the loading and unloading of a wheelchair into or out of such a vehicle must be indicated by a sign:

(a) Stating "No Parking" or similar words which indicate that parking in such a space is prohibited;

(b) Stating "Minimum fine of $100 for violation" or similar words indicating that the minimum fine for parking in such a space is $100; and

(c) The bottom of which must not be less than 4 feet above the ground.".

Amend section 1, page 1, line 16, by deleting "3." and inserting "4.".

Amend section 1, page 2, by deleting line 8 and inserting:

"[3.] 5. Except as otherwise provided in this subsection, a person shall not park a vehicle in a space that is reserved for the exclusive use of a vehicle with a side-loading wheelchair lift and is designated for the".

Amend section 1, page 2, by deleting lines 13 through 25 and inserting:

"in subsection 4; and

(c) The vehicle is equipped with a side-loading wheelchair lift.

A person who meets the requirements of paragraphs (a) and (b) may park a vehicle that is not equipped with a side-loading wheelchair lift in such a parking space if the space is in a parking lot with fewer than 60 parking spaces.

6. A person shall not park in a space which:

(a) Is immediately adjacent to a space designed for use by a vehicle with a side-loading wheelchair lift; and

(b) Is designated as a space in which parking is prohibited by a sign that meets the requirements of subsection 3,

whether on public or privately owned property.

7. A person shall not use [such] a plate or placard [for a vehicle] set forth in subsection 4 to park in a space designated for the handicapped unless he is a person with a disability which limits or impairs the ability to walk, a disabled veteran or the driver of a vehicle in which such a person is a passenger.

[4.] 8. A person who violates any provision of this section is guilty of a misdemeanor and shall be punished:

(a) Upon the first offense, by a fine of $100.

(b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.

(c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.".

Amend the bill as a whole by adding new sections designated sections 2 and 3, following section 1, to read as follows:

"Sec. 2. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.

Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1999.".

Amend the title of the bill, second line, after "vehicles;" by inserting:

"prohibiting persons from parking in certain spaces; providing a penalty;".