STAND. COM. REP. 993

Honolulu, Hawaii

, 2003

RE: S.B. No. 684

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred S.B. No. 684, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PARKING FOR PERSONS WITH DISABILITIES,"

begs leave to report as follows:

The purpose of this bill is to improve and strengthen the statewide program on parking for persons with disabilities by:

(1) Including "vascular" conditions and "extreme colitis" as a qualification for disabled parking privileges to recognize that other medical conditions other than the inability to walk more than 200 feet may require an individual to have closer access to a particular area;

(2) Including the access aisles that are adjacent to parking spaces as part of the parking spaces for persons with disabilities;

(3) Authorizing the replacement of stolen placards through the same procedure as replacement of lost or mutilated placards;

(4) Clarifying that parking privileges for persons with disabilities apply to public parking spaces;

(5) Lowering the penalty for failure to display the proper permit or identification card; and

(6) Providing penalties for illegally parking in an access aisle adjacent to a parking space for a person with a disability.

The Honolulu Police Department and Disability and Communication Access Board testified in support of this measure.

Your Committee finds that violations of disabled parking laws continue to be a problem and often result in the inability of disabled individuals to complete daily activities. The statewide program on parking for persons with disabilities requires clarification to make it more effective in assisting these individuals.

Your Committee has amended this measure by deleting its contents and replacing it with the provisions of H.B. No. 1572, H.D. 3. As amended, this measure:

(1) Authorizes a law enforcement officer, and, under certain conditions, a commissioned volunteer enforcement officer, to access the property of a private entity to enforce disabled parking laws;

(2) Prohibits parking in access aisles adjacent to disabled parking stalls;

(3) Defines "removable windshield placard" to mean a two-sided, hanger-style placard issued to a person with a disability who presents a certificate of disability that verifies that the applicant's disability is expected to last for at least four years;

(4) Defines "temporary removable windshield placard" to mean a two-sided, hanger-style placard issued to a person with a disability who presents a certificate of disability that verifies the person's disability in monthly increments, which shall not exceed six months;

(5) Repeals certain restrictions and requirements relating to the issuance of removable windshield placards, temporary removable windshield placards, and identification cards;

(6) Repeals the provision allowing a county to charge a replacement fee to be paid to the issuing agency when a placard is lost;

(7) Increases the penalty for fraudulent manufacture, alteration, or use of a placard or identification card from a petty misdemeanor to a misdemeanor.

(8) Repeals references to the international symbol of access in the section allowing vehicles displaying this symbol or special license plates, a removable windshield placard, or a temporary removable windshield placard to park in any metered parking space for a specified time without paying meter fees;

(9) Expands the list of parking infractions involving the use or failure to use removable windshield placards, temporary removable windshield placards, or special license plates;

(10) Allows any citation refused by the violator to be mailed to the violator pursuant to summons or citation provisions under the Traffic Code; and

(11) Provides that when a citation is mailed to a violator who has refused the citation, it must be sent by certified or registered mail that is postmarked within 72 hours of the time of the incident, subject to certain exceptions for Saturdays, Sundays, and holidays.

Other technical, nonsubstantive amendments were made for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 684, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 684, S.D. 2,

H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

____________________________

JOSEPH M. SOUKI, Chair