SB974 HD1

SECTION 1. The legislature finds that the statewide parking program for persons with disabilities, established under part III of chapter 291, Hawaii Revised Statutes, pursuant to P.L. 100-641, and administered by the disability and communication access board, provides individuals with mobility disabilities the ability to travel and park in accessible parking stalls.

The legislature further finds that the exemption from payment of parking meter fees for the first two-and-a-half hours or the maximum time the meter allows, whichever is longer, was a privilege not intended as a benefit for persons with mobility impairments who qualified for a disability parking permit. The exemption was established as a broad exemption for permittees because the legislature recognized that some permittees who were licensed drivers could not reach or operate a parking meter because of a disability.

The legislature finds that the rationale for exempting such individuals is still justified; however, the exemption should not extend to permittees who are able to reach and operate parking meters or to permittees who are transported in vehicles driven by another person because the driver is able to reach and operate a parking meter.

The legislature further finds that it is necessary to distinguish permittees who are licensed drivers and not able to operate parking meters because of a disability from other permittees who are able to operate parking meters. To address this issue, the disability and communication access board should develop a disability parking permit that is different in appearance from those currently issued or a decal that is affixed onto current disability parking permits that indicates to law enforcement that a vehicle displaying such a disability parking permit or decal is authorized to park in metered parking spaces without payment of parking meter fees for the first two-and-a-half hours or the maximum time the meter allows, whichever is longer.

The purpose of this Act is to limit the privilege of parking a vehicle in a metered parking space without payment of parking meter fees for the first two-and-a-half hours or the maximum time the meter allows, whichever is longer, only to permittees who are licensed drivers and are not personally able to operate parking meters because of a physical disability.

SECTION 2. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§291- Issuance of distinguishing parking permit or decal. The issuing agency shall issue one distinguishing parking permit or decal to each applicant who presents a certificate of disability which verifies that the applicant is licensed to drive a motor vehicle and cannot reach or operate parking meters because of the applicant's physical disability. The distinguishing parking permit or decal shall have the same expiration as the removable windshield placard, temporary removable windshield placard, or special license plates issued to the applicant."

SECTION 3. Section 291-51, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Distinguishing parking permit or decal" means a two-sided, hanger-style placard, a decal to be affixed to a disability parking permit, or a document to be displayed on a dashboard that indicates that the individual to whom the permit or decal is issued pursuant to this part is licensed to drive a motor vehicle and cannot reach or operate a parking meter because of a physical disability."

SECTION 4. Section 291-55, Hawaii Revised Statutes, is amended to read as follows:

"§291-55 Metered parking privileges. Any vehicle displaying [~~special license plates, a removable windshield placard, or a temporary removable windshield placard~~] a distinguishing parking permit or decal issued [~~under this part~~] pursuant to section 291- shall be permitted to park, without payment of metered parking fees, in any metered parking space for [~~a maximum of~~] the first two-and-a-half hours or the maximum amount of time the meter allows, whichever is longer. All parking fees not specifically exempted under this part shall remain in effect. The vehicle shall prominently display the distinguishing parking permit or decal when parked in a metered parking space."

SECTION 5. Section 291-56, Hawaii Revised Statutes, is amended to read as follows:

"§291-56 Rules. The disability and communication access board shall adopt rules under chapter 91 to carry out the purposes of this part, including rules for:

(1) The issuance, renewal, confiscation, revocation, and suspension of removable windshield placards, temporary removable windshield placards, distinguishing parking permits or decals, and special license plates;

(2) Decertification, reciprocity, and the replacement of placards, distinguishing parking permits or decals, and identification cards;

(3) The design of the placard, identification card, distinguishing parking permit or decal, and special license plates;

(4) The establishment of transaction fees for placards;

(5) Signage and marking of parking spaces;

(6) Reimbursement rates to the counties; and

(7) Penalties."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 3000.

THE SENATE	S.B. NO.	974
TWENTY-NINTH LEGISLATURE, 2017		S.D. 2
STATE OF HAWAII		H.D. 1