STAND. COM. REP. NO.559

Honolulu, Hawaii

, 2003

RE: S.B. No. 684

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs, and Government Operations and Health, to which was referred S.B. No. 684 entitled:

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

beg leave to report as follows:

The purpose of this measure is to amend the statewide program on parking for persons with disabilities by:

(1) Clarifying definitions;

(2) Deleting statutory language that is duplicative of language already contained in administrative rules;

(3) Making standards for replacement of a stolen placard consistent with those for the replacement of lost and mutilated placards;

(4) Clarifying that disabled parking privileges at metered spaces only apply to public metered spaces;

(5) Expanding the enforcement provisions by establishing penalties for illegally parking in a disabled parking space without a permit and for entities that fail to provide parking spaces that are in compliance with statutory requirements; and

(6) Authorizing the Disability and Communication Access Board to adopt rules for the revocation of disabled parking permits, decertification process, ID card design, and fees.

Testimony in support of this measure was submitted by the Disability and Communication Access Board and the Honolulu Police Department.

Your Committees find that this measure makes necessary improvements to the statewide program on parking for persons with disabilities, by amending chapter 291, Hawaii Revised Statutes. Your Committees further find that the Disability and Communication Access Board, an agency administratively attached to the Department of Health, currently has authority over the administrative rules governing the program.

Your Committees find that this measure would make it a violation to park in a disabled access aisle. In the past, people would park in the access aisle, impeding individuals with disabilities from entering or exiting their vehicles, but the police were unable to take any action because the conduct did not violate a specific statute or ordinance. Your Committees believe that the expanded enforcement provisions will help to ensure that the parking spaces and access aisles remain reserved for the use of individuals with disabilities.

Your Committees have amended this measure by:

(1) Providing that citations may be mailed to the violator;

(2) Amending section 291C-165(b) by providing a procedure for disposing of the summons or citation issued under this section;

(3) Deleting section 12 of the measure, leaving section 291-58, Hawaii Revised Statutes, unamended; and

(4) Making technical nonsubstantive stylistic and formatting amendments.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs, and Government Operations and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 684, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 684, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Transportation, Military Affairs, and Government Operations and Health,

____________________________

ROSALYN H. BAKER, Chair

____________________________

CAL KAWAMOTO, Chair