Establishes the Parking for Persons with Disabilities Special Fund to be administered by the Disability and Communication Access Board. (HB2520 HD1)
HOUSE OF REPRESENTATIVES
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE ADMINISTRATION OF PARKING FOR PERSONS WITH DISABILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that administration of the program to issue parking placards to qualified persons with disabilities is a state responsibility. The Uniform System for Handicapped Parking, Public Law No. 100-641, was enacted on November 9, 1988, and established guidelines for the uniform issuance and use of parking placards to persons with disabilities meeting specific eligibility criteria, thereby allowing them to park in stalls designed and reserved for persons with disabilities. The enabling regulations implementing Public Law No. 100-641, issued by the United States Department of Transportation on March 11, 1991, set guidelines for states to use in establishing a uniform parking system to enhance access and safety of persons with disabilities which limit or impair their ability to walk. The rules establish the parameters for the states to follow, including the design of the placard, definition of eligible persons, issuance of permanent or temporary placards, and issuance of special license plates.
The State of Hawaii has had a program for the issuance of parking permits to persons with disabilities which was implemented in statutory language contained in part III of chapter 291, Hawaii Revised Statutes.
The four counties have issued the parking placards to eligible persons with disabilities since the inception of the program. Consistent with other functions of traffic control and customer service, permitting, and licensing, such as issuance of drivers' licenses that the counties have undertaken on behalf of the State, the issuance of parking permits has functionally been integrated into most county offices to the benefit of the public.
Approximately thirty-three thousand removable windshield placards and temporary removable windshield placards were issued in 2000 by the four counties to qualified persons with disabilities. The counties recovered the marginal administrative costs by charging a fee to applicants to process the issuance of the placards in a manner similar to the charging of a fee for drivers' licenses and other permits. However, the federal courts have ruled that the imposition of a fee on qualified persons with disabilities is an impermissible surcharge under the Americans with Disabilities Act (Dare v. State of California, 191 F.3d 1167 (9th Cir. 1999), and Emerick v. City and County of Honolulu, 205 F.3d 1351 (9th Cir. 1999). As a result of the courts' rulings, the counties are no longer able to recoup any of the administrative costs related to the issuance of the removable windshield placards.
The legislature further finds that it is in the interest of the State to have the counties continue administering the program on behalf of the State.
The purpose of this Act is to establish a parking for persons with disabilities special fund to be administered by the disability and communication access board. A small portion of the State's share of the annual motor vehicle registration fee, 70 cents per vehicle per year, will be deposited into the special fund and will finance the statewide program on parking for disabled persons, in accordance with part III of chapter 291. The special fund creates a non-general fund revenue source for the statewide program on parking for disabled persons. Permissible uses of the fund include, but are not limited to, the purchase of placards, decals, identification cards, application forms, and instruction sheets; the establishment and maintenance of a statewide parking permit database; public education and outreach to persons with disabilities, physicians, law enforcement, public and private entities that provide parking, and the general public; state positions related to the program; other related costs of the program; and payment to counties for the administrative costs of issuing the permits and implementing a volunteer disabled person parking enforcement program.
SECTION 2. Chapter 348F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§348F- Parking for persons with disabilities special fund. (a) There is established in the state treasury the parking for persons with disabilities special fund to be administered by the disability and communication access board, into which shall be deposited:
(1) A portion of the revenues from the state vehicle registration fee, as provided in section 249-31; and
(2) Appropriations made by the legislature to the parking for persons with disabilities special fund.
(b) Moneys in the parking for persons with disabilities special fund shall be used for the following purposes:
(1) Administering part III of chapter 291, the statewide program for parking for disabled persons;
(2) Payment to the counties for administrative costs relating to the issuance of permits to qualified persons with disabilities and implementing a volunteer parking enforcement program; and
(3) Any other purpose deemed necessary by the disability and communication access board that relates to the statewide program for parking for disabled persons."
SECTION 3. Section 249-18, Hawaii Revised Statutes, is amended to read as follows:
"§249-18 Highway fund. All taxes collected under this chapter, except those collected pursuant to sections 249-14 and 2349-14.5, and as provided in section 249-31, shall be deposited in a fund to be known as the "highway fund" and shall be expended in the county in which the taxes are collected for the following purposes:
(1) For acquisition, designing, construction, improvement, repair, and maintenance of public roads and highways, including without restriction of the foregoing purposes, costs of new land therefor, of permanent storm drains or new bridges, as well as repairs or additions to storm drains or bridges;
(2) For installation, maintenance, and repair of street lights and power, and other charges for street lighting purposes, including replacement of old street lights, on county maintained public roads and highways;
(3) For purposes and functions connected with traffic control and preservation of safety upon the public highways and streets;
(4) For payment of interest on and redemption of bonds issued to finance highway and street construction and improvements;
(5) In the case of the city and county of Honolulu, for appropriation for the police department up to the sum of $500,000. No expenditures shall be made out of this fund which will jeopardize federal aid for highway construction;
(6) For purposes and functions connected with mass transit; and
(7) For the acquisition, design, construction, improvement, repair, and maintenance of bikeways."
SECTION 4. Section 249-31, Hawaii Revised Statutes, is amended to read as follows:
"§249-31 State registration fee. All vehicles and motor vehicles in the State as defined in section 249-1, including antique motor vehicles, except as otherwise provided in sections 249-3 to 249-6, shall be subject to a [
$20] $20.70 annual vehicle registration fee. The fee shall become due and payable on January 1, and shall be paid before April 1 in each year together with all other taxes and fees levied by this chapter; provided that should any county elect to renew motor vehicle registrations on a staggered basis as authorized by section 286-51, the state registration for that county shall likewise be staggered so that the state registration fee is due and payable at the same time and shall be collected together with the county fee. The state registration fee shall be deemed delinquent if not paid with the county registration fee. The respective counties shall collect this fee together with the vehicle registration tax collected for the county and shall [ transfer] remit the moneys collected under this section to the State [ to be paid into the state highway fund.], which shall be deposited as follows:
(1) $20 of each annual state vehicle registration fee to the credit of the state highway fund; and
(2) 70 cents of each annual state vehicle registration fee to the credit of the parking for persons with disabilities special fund."
SECTION 5. There is appropriated out of the parking for persons with disabilities special fund the sum of $600,000 or so much thereof as may be necessary for fiscal year 2002-2003 to carry out the purposes of this Act.
The sum appropriated shall be expended by the disability and communication access board.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on September 1, 2002.