Bill Text: HI HB1108 | 2018 | Regular Session | Amended
Bill Title: Relating To Parking For Disabled Persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-17 - Re-referred to HHS, TRN, FIN, referral sheet 1 [HB1108 Detail]
Download: Hawaii-2018-HB1108-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1108 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PARKING FOR DISABLED PERSONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 Public Law 100-641, and administered by the disability and communication access board, assists individuals who have mobility disabilities in travelling freely in the community by ensuring that accessible parking facilities are available to them.
Current law exempts individuals who qualify for a windshield placard or special license plates from payment of parking meter fees for the longer of two-and-a-half hours or the maximum time the meter allows. The legislature finds that this exemption was established out of a recognition that some individuals who are licensed drivers cannot reach or operate a parking meter because of a disability although they are capable of driving.
The legislature finds that the rationale for exempting such individuals is still justified; however, the exemption should be limited to drivers with a disability who are not able to operate a parking meter and are not driven by a non-disabled person.
This limitation requires a means to distinguish persons with a disability who are licensed drivers but are not able to operate parking meters because of a disability from those who are or are driven by individuals who are able to do so. This can be accomplished by issuing either distinguishable disability parking permits or decals to be affixed to uniform disability parking permits to indicate whether the permittee is exempt from parking meter fees.
The purpose of this Act is to limit the exemption of drivers with a disability from payment of parking meter fees only to individuals who are licensed drivers and who are not personally able to operate parking meters because of a disability. This Act additionally clarifies the original intent behind the exemption by clarifying the time limitations applicable to the exemption.
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 is licensed to drive a motor vehicle and presents a certificate of disability which verifies that the applicant 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 person 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 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, 2090.
Report Title:
Persons with a Disability; Parking Meters; Exemption
Description:
Limits the exemption from parking meter fees to drivers with a disability who are unable to operate a parking meter because of the driver's disability and who display a distinguishing parking permit or decal that so indicates. Clarifies time limits applicable to the exemption. (HB1108 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
