An  Act concerning persons with disabilities; relating to accessible parking; amending
      K.S.A. 8-1,126 and K.S.A. 1998 Supp. 8-1,124, 8-1,125, 8-1,127, 8-1,128, 8-1,129 and
      8-1,130a and repealing the existing sections.


     
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 8-1,124 is hereby amended to read as
follows: 8-1,124. As used in this act, ``person with a disability'' means any
individual who:

      (a) Has a severe visual impairment;

      (b) cannot walk 200 100 feet without stopping to rest;

      (c) cannot walk without the use of or assistance from, a brace, cane,
crutch, another person, prosthetic device, wheelchair or other assistive
device;

      (d) is restricted by lung disease to such an extent that the person's
forced (respiratory) expiratory volume for one second, when measured
by spirometry, is less than one liter or the arterial oxygen tension is less
than 60 mm/hg on room air at rest;

      (e) uses portable oxygen;

      (f) has a cardiac condition to the extent that the person's functional
limitations are classified in severity as class III or class IV according to
standards set by the American heart association; or

      (g) is severely limited in such person's ability to walk at least 100 feet
due to an arthritic, neurological or orthopedic condition.

      Sec.  2. K.S.A. 1998 Supp. 8-1,125 is hereby amended to read as fol-
lows: 8-1,125. (a) Any Kansas resident who submits satisfactory proof to
the director of vehicles, on a form provided by the director, that such
person is a person with a disability or is responsible for the transportation
of a person with a disability shall be issued a special license plate or a
permanent placard for any motor vehicle owned by such person or shall
be issued a temporary placard. Satisfactory proof of disability, condition
or impairment shall include a statement from a person licensed to practice
the healing arts in this any state, a licensed optometrist or a Christian
Science practitioner listed in The Christian Science Journal certifying that
such person is a person with a disability. The placard shall be suspended
immediately below the rear view mirror of any motor vehicle used for
the transportation of a person with a disability so as to be maximally visible
from outside the vehicle. In addition to the special license plate or per-
manent placard, the director of vehicles shall issue to the person with a
disability an individual identification card which must be carried by the
person with a disability when the motor vehicle being operated by or used
for the transportation of such person is parked in accordance with the
provisions of K.S.A. 8-1,126, and amendments thereto. In addition to the
temporary placard, a person issued such temporary placard shall carry the
state or county receipt showing the name of the person who is issued
such temporary placard. A person submitting satisfactory proof that such
person's disability, condition or impairment is permanent in nature, and
upon such person's request and payment of the fees prescribed in sub-
sections (b) and (c), shall be issued a permanent placard or a permanent
placard and a special license plate and an individual identification card.
Upon proper request, one additional permanent placard shall be issued
to the applicant who has not requested and received a special license
plate. Upon proper request, one additional temporary placard shall be
issued to the applicant certified as temporarily disabled. Temporary plac-
ards shall have an expiration date of not longer than six months from the
date of issuance. The special license plates and placards shall display the
international symbol of access to the physically disabled.

      (b) Special license plates issued pursuant to this section shall be is-
sued for the same period of time as other license plates are issued or for
the remainder of such period if an existing license plate is to be exchanged
for the special license plate. There shall be no fee for such special license
plates in addition to the regular registration fee. No person shall be issued
more than one special license plate, except that agencies or businesses
which provide transportation for persons with a disability as a service,
may obtain additional special license plates for vehicles which are utilized
in the provision of that service. Special license plates may be personalized
license plates subject to the provisions of K.S.A. 8-132, and amendments
thereto, including the payment of the additional fee.

      (c) Except as otherwise provided in this section, placards and indi-
vidual identification cards issued pursuant to this section shall be issued
for such period of time as the person to whom issued continues to be a
person with a disability or a person responsible for the transportation of
a person with a disability, except that the secretary of revenue shall make
a determination of continued eligibility for a special license plate or plac-
ard at least every three years from the original date of issuance of such
license plate and placard. The secretary of revenue may adopt rules and
regulations prescribing a fee for placards and individual identification
cards issued pursuant to this section, however, such fee shall not exceed
the actual cost of issuance thereof.

      (d) On and after July 1, 1992, the color of the permanent placard
shall be white on a blue background and the temporary placard shall be
white on a red background.

      (e) In addition to such other information contained on identification
cards, cards issued or reissued on and after July 1, 2000, shall have the
date of birth and the sex of the person to whom the card is issued.

      (e) (f) Permanent placards and individual identification cards shall be
returned to the department of revenue upon the death of the person with
a disability. Temporary placards shall be returned to the department of
revenue upon the expiration of the placard or upon the death of the
person with a disability. Special license plates shall be returned to the
county treasurer to be exchanged for another license plate upon the death
of the person with a disability. The individual identification cards issued
with the special license plates shall be returned to the department of
revenue upon the death of the person with a disability.

      (f) (g) Violation of subsection (e) (f) is an unclassified misdemeanor
punishable by a fine of not more than $50.

      Sec.  3. K.S.A. 8-1,126 is hereby amended to read as follows: 8-1,126.
When a motor vehicle which bears a special license plate or placard issued
pursuant to K.S.A. 8-1,125, and amendments thereto, is being operated
by or used for the transportation of a person with a disability, such motor
vehicle:

      (a) May be parked in any parking space, whether on public or private
property, which is clearly marked as being reserved for the use of persons
with a disability or persons responsible for the transportation of a person
with a disability, except a parking space on private property which is
clearly marked as being reserved for the use of a specified person with a
disability;

      (b) may be parked for an unlimited period a period of time not to
exceed 24 hours in any parking zone which is restricted as to the length
of parking time permitted, except where stopping, standing or parking is
prohibited to all vehicles, where parking is reserved for special types of
vehicles or where parking would clearly present a traffic hazard; and

      (c) shall be exempt from any parking meter fees of the state or any
city, county or other political subdivision.

      Sec.  4. K.S.A. 1998 Supp. 8-1,127 is hereby amended to read as fol-
lows: 8-1,127. Official identification devices issued to persons with a dis-
ability by any other state, district, or territory subject to the laws of the
United States, or any foreign jurisdiction, shall be recognized as accept-
able identification in the state of Kansas. Motor vehicles bearing a valid
device from such a jurisdiction shall be accorded the parking privileges
contained in K.S.A. 8-1,126, and amendments thereto, except that if such
person becomes a resident of the state of Kansas, such identification de-
vices shall not be recognized as acceptable identification 60 days after
such person becomes a resident of this state and such devices shall be
deemed expired. Possession of an identification device deemed to have
expired shall be subject to the provisions of subsection (a) of K.S.A. 8-
1,130a, and amendments thereto.

      Sec.  5. K.S.A. 1998 Supp. 8-1,128 is hereby amended to read as fol-
lows: 8-1,128. (a) Notwithstanding the provisions of K.S.A. 8-2003, and
amendments thereto, each designated accessible parking space shall be
clearly marked by vertically mounted signs bearing the international sym-
bol of access. Such signs shall be displayed with the bottom of the sign
between 36 and 60 inches above the surface of the parking space. Each
sign installed on or after July 1, 1995, shall be displayed with the bottom
of each sign between 60 and 72 inches above the surface of each parking
space.

      (b) All parking shall conform to Title II or Title III, as required by
the Americans with disabilities act of 1990, 42 USCA 12101 et seq. and
28 CFR Parts 35 and 36.

      Sec.  6. K.S.A. 1998 Supp. 8-1,129 is hereby amended to read as fol-
lows: 8-1,129. (a) At no time, except when necessary to avoid conflict with
other traffic, or in compliance with the law or the directions of a law
enforcement officer or official traffic-control device, no person shall shall
a person:

      (1) Stop, stand or park a vehicle, as defined in K.S.A. 8-126 and
amendments thereto, in any parking space designated as accessible park-
ing without having displaying a special license plate, permanent placard
or disabled veteran license plate and an individual identification card, or
a valid temporary placard. Placards shall be displayed in accordance with
subsection (a) of K.S.A. 8-1,125, and amendments thereto;

      (2) stop, stand or park a vehicle so that it blocks an access entrance;
or

      (3) stop, stand or park a vehicle so that it blocks a disabled parking
stall;

      (4) stop, stand or park a vehicle so that it blocks an access aisle; or

      (3) (5) stop, stand or park a vehicle in an access aisle between or
beside a designated accessible parking space.

      (b) Each violation of subsection (a) is an unclassified misdemeanor
punishable by a fine of not less than $50 nor more than $100.

      (c) The provisions of subsection (a) shall be enforced by law enforce-
ment officers on public and private property.

      Sec.  7. K.S.A. 1998 Supp. 8-1,130a is hereby amended to read as
follows: 8-1,130a. (a) Any person who utilizes has in such person's pos-
session any accessible parking identification device which has expired or
has been revoked or suspended by the secretary of revenue pursuant to
subsection (c) of K.S.A. 8-1,125, and amendments thereto, or K.S.A. 8-
1,130b, and amendments thereto, shall be guilty of an unclassified mis-
demeanor punishable by a fine of not less than $100 nor more than $300.

      (b) Any person who utilizes any accessible parking identification de-
vice issued to another person, an agency or a business, to park in any
parking space specified in K.S.A. 8-1,126, and amendments thereto,
which could be utilized by a person with a disability, except when trans-
porting or arriving to transport a person with a disability to whom or for
whom the identification device was issued shall be guilty of an unclassified
misdemeanor punishable by a fine of not less than $100 nor more than
$300.
 
Sec.  8. K.S.A. 8-1,126 and K.S.A. 1998 Supp. 8-1,124, 8-1,125, 8-
1,127, 8-1,128, 8-1,129 and 8-1,130a are hereby repealed.

 Sec.  9. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body

____________________________________

HOUSE concurred in
SENATE amendments ______________________________

Passed the SENATE
     as amended ______________________________

APPROVED ______________________________