STAND. COM. REP. NO. 2765
Honolulu, Hawaii
RE: S.B. No. 3272
S.D. 2
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2006
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred S.B. No. 3272, S.D. 1, entitled:
"A BILL FOR AN ACT MAKING AN APPROPRIATION FOR THE REIMBURSEMENT TO THE COUNTIES FOR THE ISSUANCE OF PARKING PLACARDS TO PERSONS WITH DISABILITIES,"
begs leave to report as follows:
The purpose of this measure is to appropriate funds to reimburse the counties for the cost of administering programs for parking for disabled persons.
Your Committee finds that, pursuant to federal law, the administration of programs for parking for disabled persons is a state responsibility. This responsibility, however, has been delegated to the counties under part III of chapter 291, Hawaii Revised Statutes.
Your Committee also finds that the counties have issued approximately 25,559 removable windshield placards and temporary removable windshield placards in fiscal year 2004-2005 to qualified disabled persons. Additionally, under rulings by the federal courts, the imposition of a fee on qualified persons with disabilities is an impermissible surcharge under the Americans with Disabilities Act. Thus, the counties have been unable to collect a fee for administering the program.
The legislature further finds that the State should reimburse the counties for the costs related to administering these programs. The state reimbursement to the counties in fiscal year 2005-2006 was $105,300. However, based upon a unit cost of $10 per placard, reimbursement to the counties should have been $255,590.
This measure reimburses the counties for the remaining balance of the cost of administering programs for parking for disabled persons.
Your Committee has amended the measure by:
(1) Changing the funding date to fiscal year 2006-2007 and changing the effective date of the measure to July 1, 2006;
(2) Changing the appropriations to unspecified amounts for the purpose of furthering discussion;
(3) Adding boilerplate language related to the State's share of mandated programs under article VIII, section 5, of the state constitution; and
(4) Making technical amendments for purposes of clarity and style.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3272, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3272,
S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
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____________________________ BRIAN T. TANIGUCHI, Chair |
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