Senate Bill No. 214

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act requiring municipalities to erect signs designating parking spaces for persons with disabilities; authorizing municipalities and county governments to recruit and train volunteers to issue citations to motor vehicle owners or operators who violate disabled parking regulations; and amending section

61-8-704, MCA."

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

Section 1.  Section 61-8-704, MCA, is amended to read:

"61-8-704.   Erection of signs. (1) No operator An operator of a motor vehicle may not be arrested under 61-8-703 unless signs have been placed at or near the state line on the primary highway system, outside towns or cities having over 2,500 population, and outside county seats on the primary highways to indicate the legal rate of speed.

(2)  Any A municipality which that uses radio microwaves or other electrical device devices for law enforcement purposes shall erect and maintain appropriate signs giving notice of such use of the devices at a conspicuous place at or near the corporate limits of the municipality, upon each state highway and arterial street or highway entering the municipality, and at such other places as may be deemed considered necessary by the municipal authorities for the information of the traveling public.

(3)  Signs giving notice that the speed of vehicles may be measured by radio microwaves or other electrical device devices shall must be placed as required for speed signs in subsection (1) above. However, the absence of such signs shall not may not in itself invalidate an otherwise proper arrest.

(4) (a) A municipality shall erect and maintain signs designating special parking spaces reserved for persons with disabilities as provided in 49-4-302. The signs must contain:

(i) notice of the $100 penalty for violating 49-4-302 as provided in 49-4-307;

(ii) the international symbol of accessibility; and

(iii) an indication that a permit is required to park in the designated space.

(b) The state shall either provide the signs to municipalities or reimburse the municipalities for the purchase of the signs."

NEW SECTION. Section 2.  Ticketing officers -- authorization -- training. (1) For the purposes of this section, "ticketing officer" means a volunteer recruited and trained by a municipality or county government to issue citations for violations of 49-4-302(2).

(2) A municipality or county government may recruit and train volunteers to issue citations to motor vehicle owners or operators without permits who park in spaces reserved for persons with disabilities in violation of 49-4-302(2).

(3) To be certified as a ticketing officer, a person must successfully complete a training program conducted by the municipal police department or county sheriff's department. The training program may include:

(a) identifying the special license plates and cards provided by the department of justice that allow a person with a disability, meeting the criteria in 49-4-301, to park in a space reserved under 49-4-302;

(b) identifying imitation plates or cards;

(c) an overview of the sections of Montana law governing the rights of persons with disabilities and the penalty for violating 49-4-302; and

(d) any other issues considered appropriate by local law enforcement.

(4) A ticketing officer may only issue citations and does not have arrest authority beyond that granted to a private person under 46-6-502.

NEW SECTION. Section 3.  Codification instruction. [Section 2] is intended to be codified as an integral part of Title 49, chapter 4, part 3, and the provisions of Title 49, chapter 4, part 3, apply to [section 2].