Legislature(2001 - 2002)
05/11/2002 05:50 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 247(FIN)
An Act making and amending appropriations and
reappropriations; making appropriations under art. IX,
sec. 17(c), Constitution of the State of Alaska, from
the constitutional budget reserve fund; and providing
for an effective date.
Co-Chair Williams explained his intent regarding the capital
budget amendment process. He asked if there was any public
testimony. There being no one on line or present in
Committee to testify, public testimony was closed.
SB 247 was HELD in Committee for further consideration.
#SB180
CS FOR SENATE BILL NO. 180(FIN)(efd fld)
An Act implementing pay differentials based on
geographic areas for certain state employees and for
members of the Alaska State Defense Force; relating to
cost-of-living differentials for state aid to
municipalities.
Co-Chair Mulder MOVED to RESCIND previous action taken on
adopting Amendment #2. There being NO OBJECTION, the action
was rescinded.
Co-Chair Mulder MOVED to WITHDRAW Amendment #2. There being
NO OBJECTION, the amendment was withdrawn.
Co-Chair Mulder MOVED to report HCS CS SB 180 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
HCS CS SB 180 (FIN) was reported out of Committee with a "do
pass" recommendation and with new fiscal notes by the
Department of Administration and the Alaska Court System.
#SB206
CS FOR SENATE BILL NO. 206(TRA)
An Act relating to registration plates and parking
permits for persons with disabilities and to illegal
use of parking spaces for persons with disabilities.
JOSH GOVAARS, STAFF, SENATOR DAVE DONLEY, stated that the
committee substitute for SB 206 (TRA) would help to insure
the availability of priority parking for truly disabled
Alaskans and was intended to prevent many of the instances
of abuse that currently exist in our State's disabled
parking system. The bill would accomplish that by improving
the issuing process for disabled parking permits and
cracking down on individuals convicted of illegally parking
in disabled parking areas or convicted of misusing disabled
parking permits.
To provide better access to disabled parking spaces for the
truly disabled, the State of Washington toughened its laws
to combat widespread abuse of disabled parking placards.
Other states have also tightened up their disabled parking
laws.
Mr. Govaars noted that it is often difficult to identify
whether or not individuals who have parked an automobile in
a disabled parking space are disabled. Working closely with
the Division of Motor Vehicles (DMV), it has been determined
that their computer system indicates whether an individual
has been issued a disabled parking placard and/or license
plates. The Division was able to make the information
available to troopers and police officers when they perform
a records check on either a license plate or a person's
identification. That would allow law enforcement officials
to determine if a placard or license plate was being used
fraudulently.
Mr. Govaars added that under current law, anyone might park
in a disabled parking space as long as their vehicle has a
disabled placard or license plate. The legislation would
clearly define whom "may park" in a parking place reserved
for disabled individuals. A new provision was added
specifying that the person issued a special permit must be
occupying or operating the vehicle; or that the person
operating the vehicle was doing so for the purpose of
transporting a disabled person and that the disabled person
must actually exit or enter the vehicle.
Mr. Govaars concluded that the legislation would increase
the penalties for illegally parking in a disable parking
space and for misusing a disabled permit to park in a
disabled parking space. Under existing law, violators are
fined $100 dollars if they are convicted of either of those
offenses. Under the bill, individuals convicted of
illegally parking in a disabled parking space would be fined
$125 dollars for the first offense
Representative Croft inquired what the current requirement
was.
Mr. Govaars explained that as statute is now, if there is a
permit in the vehicle, any person has the right to use the
space. The proposed legislation guarantees that only the
person actually issued the permit is able to use the space.
To use it, the person must get in and out of the vehicle.
Representative Croft asked what was being corrected.
Mr. Govaars responded that there have been people caught in
Anchorage with someone else's permit in their car, which is
legal under current statute. The bill would change that.
Representative Hudson asked if the disabled person had to be
the driver.
Mr. Govaars responded that in order to use the spot, the
disabled has to be in the vehicle and must either enter or
exit the vehicle when it is parked.
Representative Hudson suggested that the legislation could
be "over" restrictive.
Discussion following between Mr. Govaars and Representative
Hudson regarding a particular situation with a handicapped
friend of his.
Vice-Chair Bunde noted that the legislation would be
establishing a new standard.
Representative Davies asked if consideration had been given
to how many spaces were available at each lot.
Mr. Govaars responded that federal law mandates a certain
number and size of spaces to be allocated. The persons
owning the lot decide the number of spaces.
Representative Davies understood that all the handicap
spaces were open and that the driver could remain in the car
to guarantee that the space remains available.
Mr. Govaars clarified that the legislation would not account
for people borrowing a spot, which would be considered an
inappropriate use of that spot. The disabled parking spots
are designed for those people that need to have access.
Representative Davies pointed out that there are
circumstances in which no other parking places are available
outside of those designated. He thought it was reasonable
that as long as there were spaces available and there was a
driver in the car, it should be okay to park there.
Mr. Govaars did not know how to make the legislation "fit"
into that example.
WILLIAM CRAIG, ALASKA INDEPENANT BLIND, SITKA, spoke in
favor of the bill and urged that it pass from Committee.
HELEN CRAIG, SITKA, testified in support of the legislation.
Representative Croft referenced Page 4; the phrase used
throughout, "is operated by or used for the purpose of
transporting a person with a disability". He noted that the
problem exists that Section 2 adds, "The person who has the
special permit actually exits or enters the vehicle". He
stated that language should address the concern.
Representative Croft MOVED to DELETE language on Page 4,
Lines 11 & 12, "and the person who has the special permit
actually exits or enters the vehicle".
Vice-Chair Bunde OBJECTED. He stated that the person
driving does not need the special space. The person with
the disability would not be inconvenienced if they were not
getting into or exiting the vehicle.
Representative Hudson referred to a personal situation in
which his friend remained in the car but he had parked in a
designated space in order to take care of her pharmacy needs
from that establishment. He understood that he could have
backed out and parked in another space.
Vice-Chair Bunde reiterated that if the driver is capable,
they should not use the designated handicap spot.
Representative Davies interjected that there are handicap
persons that are mobile that might only need assistance.
Vice-Chair Bunde commented that person would be driving with
handicap plates or a handicap sticker.
Discussion followed between Vice-Chair Bunde, Representative
Davies and Representative Croft regarding the handicap
plates and ticketing potential.
Representative Davies thought that "handicap" should be
clarified.
Vice-Chair Bunde pointed out that the legislation stipulates
that the handicap person must either enter or exit the
vehicle. The person does not have to do both to avoid the
ticket.
Co-Chair Mulder voiced concern with language written on Page
4 and the number of points charged for a non-moving
violation. He stated that he did not object to a fine,
however, the points affect the amount that person pays for
insurance. He reiterated that would be an inappropriate
point charge. He referenced Lines 22-31, recommending a
conceptual amendment which would double the fine and delete
language regarding the points against the person's driving
record.
Co-Chair Mulder MOVED to ADOPT that conceptual amendment.
Representative Foster MOVED to report HCS CS SB 206 (FIN)
out of Committee with individual recommendations and with
the accompanying fiscal notes. There being NO OBJECTION, it
was so ordered.
HCS CS SB 206 (FIN) was reported out of Committee with a "do
pass" recommendation and with zero fiscal notes, #2 by the
Department of Public Safety and #3 by the Department of
Administration.
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