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SB94 ENROLLED
Page 0
SB94
84N7UHH-2
By Senator Melson
RFD: Judiciary
First Read: 13-Jan-26
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SB94 Enrolled
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First Read: 13-Jan-26
Enrolled, An Act,
Relating to disabled parking; to amend Sections
32-6-231, 40-12-300, and Section 32-6-233.1, as last amended
by Act 2025-399 of the 2025 Regular Session, Code of Alabama
1975, to further provide for the unauthorized use of
designated disability parking places; to require certain
individuals to notify the Department of Revenue of the death
of a disabled individual who was issued a windshield placard;
and to authorize the Department of Revenue to create an
electronic scanning system for disability placards.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-6-233.1, Code of Alabama 1975, as
last amended by Act 2025-399 of the 2025 Regular Session, and
pursuant to that act is effective until October 1, 2028, is
amended to read as follows:
"§32-6-233.1
(a)(1) It shall be unlawful for any person individual
who does not have a distinctive special long-term access or
long-term disability access license plate or placard or
temporary disability placard as provided in Section 32-6-231,
or who is not transporting a passenger who has a distinctive
special long-term access or long-term disability access
license plate or placard or temporary disability placard as
provided in Section 32-6-231, to park a motor vehicle in a
parking place designated for individuals with disabilities at
any place of public accommodation, at any business or legal
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any place of public accommodation, at any business or legal
entity engaged in interstate commerce or which is subject to
any federal or state laws requiring access by individuals with
disabilities, at any amusement facility or resort, or at any
other place to which the general public is invited or
solicited, even though located on private property ., unless
the individual meets one of the following requirements:
a. The individual is the lawful holder of a distinctive
special long-term access or long-term disability access
license plate or placard or a temporary disability placard.
b. The individual is transporting a passenger who is a
lawful holder of a distinctive special long-term access or
long-term disability access license plate or placard or a
temporary disability placard.
(2) Upon conviction, notwithstanding any other penalty
provision that may be authorized or employed, the person
individual shall be fined a minimum of fifty dollars ($50) for
the first offense, a minimum of two hundred dollars ($200) for
the second offense, and a minimum of five hundred dollars
($500) for the third or any subsequent offense. In addition,
for the second or any subsequent offense under this section
subdivision (1) , the person individual shall be ordered by the
court to perform a minimum of 40 hours of either of the
following forms of community service:
(1)a. Community service for a nonprofit organization
that serves individuals with disabilities or serves
individuals who have a disabling disease.
(2)b. Any other community service that may sensitize
the individuals individual to the needs and obstacles faced
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the individuals individual to the needs and obstacles faced
daily by individuals with disabilities.
(b) Any authorized municipal, county, or state law
enforcement officer may go on private property to enforce this
section.
(c) 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, including, but not limited to, municipal law
enforcement officers, sheriffs, deputy sheriffs, and Alabama
State Troopers. Any law enforcement officer enforcing this
section may ask for verification that either the driver or a
passenger of the parked vehicle is the lawful holder of a
distinctive special long-term access or long-term disability
access license plate or placard or temporary disability
placard.
(d) Any sign designating a special access parking or
disability access parking place may contain on the sign or
attached to the sign the amount of the fine for a parking
violation on the first offense pursuant to subsection (a).
(e)(1) If the law enforcement officer who issues the
special access parking or disability access parking violation
is employed by a local law enforcement agency, 100 percent of
the fines collected pursuant to this section shall be paid to
the municipal or county general fund for the use of the law
enforcement agency by whom the arresting officer is employed.
(2) If the law enforcement officer who issues the
special access parking or disability access parking violation
is employed by a state law enforcement agency, the fines
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is employed by a state law enforcement agency, the fines
collected pursuant to this section shall be remitted to the
State Treasury, to be deposited in a separate fund to be
distributed 50 percent to the law enforcement agency by whom
the arresting officer is employed ,; 25 percent to the
Administrative Office of Courts, to be expended for support of
the trial courts ,; and 25 percent to the Department of Mental
Health, to be expended for the Individual and Family Support
Program for individuals with developmental disabilities.
(3) All funds deposited to a separate fund in the State
Treasury pursuant to this subsection to be expended by the
Department of Mental Health, the Administrative Office of
Courts, and state law enforcement agencies shall be
appropriated by the Legislature, for the purposes stated in
this subsection. The expenditure of such sums so appropriated
shall be budgeted and allotted pursuant to the Budget
Management Act and Article 4 of Chapter 4 of Title 41. No
monies deposited to this fund shall revert to the State
General Fund at the end of any fiscal year. Prior to the
release of any monies to the Individual and Family Support
Program, such expenditures shall first be approved by the
Commissioner of the Department of Mental Health.
(f) This section shall be held in pari materia with all
other provisions of law related to illegal special access
parking or disability access parking violations and all laws
or parts of laws which conflict with this section are
repealed.
(g) Municipal law enforcement officers, sheriffs,
deputy sheriffs, and Alabama State Troopers , may cause
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deputy sheriffs, and Alabama State Troopers , may cause
vehicles illegally parked in accessible parking spaces to be
towed.
(h) Municipal law enforcement officers, sheriffs,
deputy sheriffs, and Alabama State Troopers may issue
violations for vehicles parked on access aisles. "Access
aisles" are defined as the hash-marked or cross-striped space
spaces that is are five feet or eight feet wide which is and
are directly next to the accessible parking space. "Access
aisle" also has the same definition as contained within the
2010 Accessible Design Standards within the Americans with
Disabilities Act."
Section 2. Section 32-6-233.1, Code of Alabama 1975, as
last amended by Act 2025-399 of the 2025 Regular Session and
pursuant to that act takes effect October 1, 2028, is amended
to read as follows:
"§32-6-233.1
(a)(1) It shall be unlawful for any individual person who does
not have a distinctive special long-term access or long-term
disability access license plate or placard or temporary
disability placard as provided in Section 32-6-231, or who is
not transporting a passenger who has a distinctive special
long-term access or long-term disability access license plate
or placard or temporary disability placard as provided in
Section 32-6-231, to park a motor vehicle in a parking place
designated for individuals with disabilities at any place of
public accommodation, at any business or legal entity engaged
in interstate commerce or which is subject to any federal or
state laws requiring access by individuals with disabilities,
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state laws requiring access by individuals with disabilities,
at any amusement facility or resort, or at any other place to
which the general public is invited or solicited, even though
located on private property ., unless the individual meets one
of the following requirements:
a. The individual is the lawful holder of a distinctive
special long-term access or long-term disability access
license plate or placard or a temporary disability placard.
b. The individual is transporting a passenger who is a
lawful holder of a distinctive special long-term access or
long-term disability access license plate or placard or a
temporary disability placard.
(2) Upon conviction, notwithstanding any other penalty
provision that may be authorized or employed, the person
individual shall be fined a minimum of fifty dollars ($50) for
the first offense, a minimum of two hundred dollars ($200) for
the second offense, and a minimum of five hundred dollars
($500) for the third or any subsequent offense. In addition,
for the second or any subsequent offense under this section
subdivision (1) , the person individual shall be ordered by the
court to perform a minimum of 40 hours of either of the
following forms of community service:
(1)a. Community service for a nonprofit organization
that serves individuals with disabilities or serves
individuals who have a disabling disease.
(2)b. Any other community service that may sensitize
the individuals individual to the needs and obstacles faced
daily by individuals with disabilities.
(b) Any authorized municipal, county, or state law
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(b) Any authorized municipal, county, or state law
enforcement officer may go on private property to enforce this
section.
(c) 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, including, but not limited to, municipal law
enforcement officers, sheriffs, deputy sheriffs, and Alabama
State Troopers. Any law enforcement officer enforcing this
section may ask for verification that either the driver or a
passenger of the parked vehicle is the lawful holder of a
distinctive special long-term access or long-term disability
access license plate or placard or temporary disability
placard.
(d) Any sign designating a special access parking or
disability access parking place may contain on the sign or
attached to the sign the amount of the fine for a parking
violation on the first offense pursuant to subsection (a).
(e)(1) If the law enforcement officer who issues the
special access parking or disability access parking violation
is employed by a local law enforcement agency, 50 percent of
the fines collected pursuant to this section shall be paid to
the municipal or county general fund for the use of the law
enforcement agency by whom the arresting officer is employed
with the remainder to be remitted to the State Treasury, to be
deposited in a separate fund to be distributed 50 percent to
the Administrative Office of Courts, to be expended for
support of the trial courts , and 50 percent to the Department
of Mental Health, to be expended for the Individual and Family
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of Mental Health, to be expended for the Individual and Family
Support Program for individuals with developmental
disabilities.
(2) If the law enforcement officer who issues the
special access parking or disability access parking violation
is employed by a state law enforcement agency, the fines
collected pursuant to this section shall be remitted to the
State Treasury, to be deposited in a separate fund to be
distributed 50 percent to the law enforcement agency by whom
the arresting officer is employed ,; 25 percent to the
Administrative Office of Courts, to be expended for support of
the trial courts ,; and 25 percent to the Department of Mental
Health, to be expended for the Individual and Family Support
Program for individuals with developmental disabilities.
(3) All funds deposited to a separate fund in the State
Treasury pursuant to this subsection to be expended by the
Department of Mental Health, the Administrative Office of
Courts, and state law enforcement agencies shall be
appropriated by the Legislature, for the purposes stated in
this subsection. The expenditure of such sums so appropriated
shall be budgeted and allotted pursuant to the Budget
Management Act and Article 4 of Chapter 4 of Title 41. No
monies deposited to this fund shall revert to the State
General Fund at the end of any fiscal year. Prior to the
release of any monies to the Individual and Family Support
Program, such expenditures shall first be approved by the
Commissioner of the Department of Mental Health.
(f) This section shall be held in pari materia with all
other provisions of law related to illegal special access
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other provisions of law related to illegal special access
parking or disability access parking violations and all laws
or parts of laws which conflict with this section are
repealed.
(g) Municipal law enforcement officers, sheriffs,
deputy sheriffs, and Alabama State Troopers , may cause
vehicles illegally parked in accessible parking spaces to be
towed.
(h) Municipal law enforcement officers, sheriffs,
deputy sheriffs, and Alabama State Troopers may issue
violations for vehicles parked on access aisles. "Access
aisles" are defined as the hash-marked or cross-striped space
spaces that is are five feet or eight feet wide which is and
are directly next to the accessible parking space. "Access
aisle" also has the same definition as contained within the
2010 Accessible Design Standards within the Americans with
Disabilities Act."
Section 3. Sections 32-6-231 and 40-12-300, Code of
Alabama 1975, are amended to read as follows:
"§32-6-231
(a) Any individual who submits to the license issuing
official a completed special access parking or disability
access parking application form approved by the Commissioner
of Revenue which includes the physician's certification that
he or she is an individual with a disability shall be issued
one removable windshield placard displaying the Dynamic
Accessibility Symbol, thereby designating the driver of the
vehicle or the passenger as being an individual with a
disability.
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disability.
(1) The removable windshield placard shall be prepared
by the commissioner in conformity to Public Law 100-641 and
rulemaking resulting therefrom.
(2)a. The removable windshield placard issued to the
individual with a long-term disability shall expire after a
maximum period of five years or any period less than five
years to be designated by the commissioner. The placard shall
clearly reveal the expiration date and shall be designed in
accordance with Public Law 100-641 and rulemaking resulting
therefrom to hang from the front windshield rearview mirror
when the vehicle is parked in a parking space reserved for
individuals with disabilities. If the vehicle lacks a rearview
mirror, the placard shall be placed on the dashboard.
b. The commissioner may require all individuals with
long-term disabilities to be recertified by a licensed
physician before special access or disability access parking
new removable windshield placards may be reissued.
(3) In the event that an individual with a disability
does not have the distinctive special access or disability
access license plate as provided by Sections 40-12-300 to
40-12-302, inclusive under Division 3 of Article 5 of Chapter
12 of Title 40 , upon request, a second placard may be issued.
(b) The commissioner may adopt any rules necessary to
administer this division.
(c) An individual with a temporary disability, who
submits to the license issuing official a completed special
access or disability access application form approved by the
commissioner which includes the physician's certification that
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commissioner which includes the physician's certification that
he or she is an individual with a temporary disability, shall
be issued one temporary removable windshield placard for a
period valid up to six months.
(d)(1) A removable windshield placard issued to an
individual with a long-term or temporary disability shall
expire one week following the death of the disabled
individual.
(2) The executor of the estate of any disabled
individual who has been issued a removable windshield placard
shall notify the local licensing official of the disabled
individual's death either at the time of probate proceedings
or within 90 days of the disabled individual's death,
whichever comes first.
(e) Any special access or disability access placard
that is not in conformity with the federal system rule for
parking reserved for individuals with disabilities, Public Law
100-641, and subsequent Rule 23 C.F.R. § 1235, shall not be
recognized as a valid disabled parking credential."
"§40-12-300
(a)(1) The distinctive license plates provided for
herein shall be prepared by the Commissioner of Revenue and
shall be issued through the county license issuing officials
of the state in the same manner as are other motor vehicle
license plates. An applicant for a distinctive plate shall
present to the issuing official documentation that he or she
is either of the following:
a. A parent, stepparent, or legal guardian of a minor
or an adult who is an individual with a disability as defined
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or an adult who is an individual with a disability as defined
in Section 32-6-230.
b. An individual with a disability as defined in
Section 32-6-230.
(2) Upon presentation of the required documentation,
the applicant shall be issued the requested number of special
access or disability access distinctive license plates upon
the payment of the regular license fee, as provided by law.
(b) Any private agency, nursing home, church, or
charitable institution that submits to the licensing authority
proof satisfactory to the commissioner that it operates a
motor vehicle for the primary purpose of transporting one or
more individuals with disabilities may apply for the
distinctive plates. Applicants shall pay the regular fees for
license plates, as provided by law.
(c) Any government agency that applies for a license
plate for a vehicle that it owns for the primary purpose of
transporting individuals with disabilities shall be issued the
requested number of license plates according to Section
40-12-250, with the plate displaying the Dynamic Accessibility
Symbol embossed on the plate.
(d) The distinctive license plates shall be used only
upon and for personally-owned, private, or government owned
and operated passenger vehicles, including, but not limited
to, vans, station wagons, buses, motorcycles, and pickup
trucks, registered in the name of the individual or public or
private agency, nursing home, church, or charitable
institution making application therefor, and when issued to
the applicant shall be used upon the vehicle for which issued
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the applicant shall be used upon the vehicle for which issued
in lieu of the standard license plates normally issued for the
vehicle. This division shall not be construed to require an
individual with a disability to display a distinctive special
access or disability access license plate. It is specifically
provided that this division shall be construed in pari materia
with Section 32-6-231. The commissioner may adopt any rules
necessary to carry out this division.
(e) The commissioner may require all individuals with
long-term disabilities to be recertified by a licensed
physician before special access parking or disability access
parking license plates may be reissued.
(f) Notwithstanding any provision of this section, a
motor vehicle may not be parked in an area reserved for
individuals with disabilities to park , in a manner that
violates Section 32-6-233.1, shall be subject to the penalties
provided therein. unless the individual with a disability is
in the vehicle ."
Section 4. (a) On or after January 1, 2027, the
Department of Revenue shall develop and implement an
electronic scanning system through which a scannable barcode
or quick response code shall appear on disability placards
and, upon scanning, shall link to the disability placard
holder's name and the status of the disability placard.
(b) The Commissioner of Revenue shall adopt rules as
necessary to implement this section. At a minimum, the rules
shall address all of the following:
(1) The creation of a scannable barcode or quick
response code linked to a disability placard holder's name and
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response code linked to a disability placard holder's name and
the status of the disability placard as active or expired.
(2) The appearance of the scannable barcode or quick
response code on disability placards.
(3) That the system and the information contained
within the system may only be accessed by the Department of
Revenue and law enforcement agencies enforcing Sections
32-6-233 and 32-6-233.1, Code of Alabama 1975.
Section 5. This act shall become effective on October
1, 2026, except Section 2 shall become effective October 1,
2028.
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2028.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB94
Senate 19-Feb-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 07-Apr-26
Senate concurred in House amendment 07-Apr-26
By: Senator Melson
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