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 9  AN ACT concerning traffic offenses; relating to accessible parking;
10    amending K.S.A. 8-1,130 and K.S.A. 1996 Supp. 8-1,129 and 8-1,130a
11    and repealing the existing sections.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Sec. 1.  K.S.A. 1996 Supp. 8-1,129 is hereby amended to read as fol-
15  lows: 8-1,129. (a) Except when necessary to avoid conflict with other
16  traffic, or in compliance with the law or the directions of a law enforce-
17  ment officer or official traffic-control device, no person shall:
18    (1)  Stop, stand or park a vehicle, as defined in K.S.A. 8-126 and
19  amendments thereto, in any parking space designated as accessible park-
20  ing without having a special license plate, permanent placard or disabled
21  veteran license plate and an individual identification card, or a valid tem-
22  porary placard;
23    (2)  stop, stand or park a vehicle so that it blocks an access entrance;
24  or
25    (3)  stop, stand or park a vehicle in an access aisle between or beside
26  a designated accessible parking space.
27    (b)  Violation of subsection (a) is an unclassified misdemeanor pun-
28  ishable by a fine of not less than $50 nor more than $100.
29    (c)  The provisions of subsection (a) shall be enforced by law enforce-
30  ment officers on public and private property.
31    (d)  Nothing contained in this section shall be construed as preventing
32  any city from enacting ordinances, or any county from adopting resolu-
33  tions, declaring acts prohibited or made unlawful by this section as un-
34  lawful or prohibited in such city or county and prescribing penalties for
35  violation thereof, but the minimum penalty prescribed by any such or-
36  dinance or resolution shall not be less than the minimum penalty pre-
37  scribed by this act for the same violation, and the maximum penalty in
38  any such ordinance or resolution shall not exceed the maximum penalty
39  prescribed for the same violation, and the elements and defenses pre-
40  scribed by this section for such violation shall not be altered by any city
41  or county.
42    Sec. 2.  K.S.A. 8-1,130 is hereby amended to read as follows: 8-1,130.
43    (a) Any person who willfully and falsely represents that such person has
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 1  the qualifications to obtain a special license plate, a permanent placard
 2  and an individual identification card or temporary placard pursuant to
 3  this act shall be guilty of a class C nonperson misdemeanor.
 4    (b)  Any licensee of the healing arts or Christian Science practitioner
 5  who willfully and falsely certifies that a person has the qualifications to
 6  obtain a special license plate, a permanent placard and an individual iden-
 7  tification card or temporary placard pursuant to this act shall be guilty of
 8  a class C nonperson misdemeanor.
 9    (c)  Nothing contained in this section shall be construed as preventing
10  any city from enacting ordinances, or any county from adopting resolu-
11  tions, declaring acts prohibited or made unlawful by this section as un-
12  lawful or prohibited in such city or county and prescribing penalties for
13  violation thereof, but the minimum penalty prescribed by any such or-
14  dinance or resolution shall not be less than the minimum penalty pre-
15  scribed by this act for the same violation, and the maximum penalty in
16  any such ordinance or resolution shall not exceed the maximum penalty
17  prescribed for the same violation, and the elements and defenses pre-
18  scribed by this section for such violation shall not be altered by any city
19  or county.
20    Sec. 3.  K.S.A. 1996 Supp. 8-1,130a is hereby amended to read as
21  follows: 8-1,130a. (a) Any person who utilizes any accessible parking iden-
22  tification device which has expired or has been revoked or suspended by
23  the secretary of revenue pursuant to subsection (c) of K.S.A. 8-1,125, and
24  amendments thereto, or K.S.A. 8-1,130b, and amendments thereto, shall
25  be guilty of an unclassified misdemeanor punishable by a fine of not less
26  than $100 nor more than $300.
27    (b)  Any person who utilizes any accessible parking identification de-
28  vice issued to another person, an agency or a business, to park in any
29  parking space specified in K.S.A. 8-1,126, and amendments thereto,
30  which could be utilized by a person with a disability, except when trans-
31  porting or arriving to transport a person with a disability to whom or for
32  whom the identification device was issued shall be guilty of an unclassified
33  misdemeanor punishable by a fine of not less than $100 nor more than
34  $300.
35    (c)  Nothing contained in this section shall be construed as preventing
36  any city from enacting ordinances, or any county from adopting resolu-
37  tions, declaring acts prohibited or made unlawful by this section as un-
38  lawful or prohibited in such city or county and prescribing penalties for
39  violation thereof, but the minimum penalty prescribed by any such or-
40  dinance or resolution shall not be less than the minimum penalty pre-
41  scribed by this act for the same violation, and the maximum penalty in
42  any such ordinance or resolution shall not exceed the maximum penalty
43  prescribed for the same violation, and the elements and defenses pre-
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 1  scribed by this section for such violation shall not be altered by any city
 2  or county.
 3    Sec. 4.  K.S.A. 8-1,130 and K.S.A. 1996 Supp. 8-1,129 and 8-1,130a
 4  are hereby repealed.
 5    Sec. 5.  This act shall take effect and be in force from and after its
 6  publication in the statute book.