STAND. COM. REP. NO. 541

Honolulu, Hawaii

RE:    S.B. No. 975

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Public Safety, Intergovernmental, and Military Affairs and Transportation and Energy, to which was referred S.B. No. 975 entitled:

"A BILL FOR AN ACT RELATING TO PARKING FOR DISABLED PERSONS,"

beg leave to report as follows:

     The purpose and intent of this measure is to allow law enforcement officers and commissioned volunteer enforcement officers to confiscate removable windshield placards, temporary windshield placards, and special license plates for:

     (1)  Fraudulent manufacture or alteration;

     (2)  Any unauthorized use; or

     (3)  Display of an invalid removable windshield placard, an invalid temporary removable windshield placard, or invalid special license plates.

     Your Committees received testimony in support of this measure from the Disability and Communication Access Board, Downtown-Chinatown Neighborhood Board No. 13, and two individuals.  Your Committees received testimony in opposition to this measure from one individual.

     Your Committees find that the statewide parking program for persons with disabilities is a vital component for ensuring the welfare of vulnerable citizens.  To properly maintain this program for persons with disabilities, it is necessary to allow law enforcement officers, or those authorized by law enforcement, to confiscate removable disability parking placards and special license plates that are noncompliant with the provisions of the program or are being used by unauthorized persons.  Further, your Committees note the testimony of the Disability and Communication Access Board and its recommendations for broadening this measure to further strengthen the enforcement of disability parking placards and specialty license plates. Your Committees find that the Disability and Communication Access Board's proposed amendments would broaden the circumstances under which enforcement officers may confiscate items and increase deterrence of acts contrary to the intent of the statewide parking program for persons with disabilities.

Accordingly, your Committees have amended this measure by:

     (1)  Inserting language to establish, as a misdemeanor offense, the sale or purchase of a removable windshield placard, a temporary removable windshield placard, or special license plates issued to an applicant, and authorizing confiscation of any placard or plates unlawfully sold or purchased;

     (2)  Clarifying that the display of an invalid removable windshield placard, an invalid temporary removable windshield placard, or invalid special license plates may result in confiscation of the invalid placard or plates, rather than valid ones;

     (3)  Inserting language to authorize an invalid removable windshield placard, an invalid temporary removable windshield placard, or invalid special license plates to be confiscated by a law enforcement officer or commissioned volunteer officer for the display or use of the invalid placard or plates; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Public Safety, Intergovernmental, and Military Affairs and Transportation and Energy that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 975, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 975, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Public Safety, Intergovernmental, and Military Affairs and Transportation and Energy,

________________________________ LORRAINE R. INOUYE, Chair

________________________________ CLARENCE K. NISHIHARA, Chair