Legislature(2001 - 2002)
03/28/2002 08:04 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 206-DISABLED PARKING AND REGISTRATION PLATES CHAIR COGHILL announced that the next order of business would be 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." Number 1380 SENATOR DAVE DONLEY, Alaska State Legislature, testified as the sponsor of SB 206. He explained that SB 206 updates Alaska's parking laws for disabled persons. For the last three years Senator Donley has sent requests [for input and interest in this legislation] to all groups and individuals that his office could identify as representing the disabled community. Over the three years there were many changes, which ultimately resulted in SB 206. Senator Donley pointed out that under current law it's not clear whether the handicapped individual has to be in the vehicle in order for the handicap permit to be used. This bill makes it clear that to the use the handicap permit there must be a handicapped/disabled individual in the vehicle getting in and out of the vehicle. Additionally, the fine for illegally parking in a handicap parking spot is increased to $125 and places two points on a person's driver's license for any offense after the first offense. Moreover, the bill creates a new fine of $250 and two points on a person's driver's license if an individual misuses a disabled permit. SENATOR DONLEY noted that the original version of SB 206 was patterned after legislation in other states that require some sort of photo identification so that the permits could be matched to the actual individual that was supposed to use the permit. After talking with the Division of Motor Vehicles (DMV), the division was able to modify its computer programming such that when police officers check for an individual's license and registration, there will be a record as to whether the individual is authorized to use a handicap parking permit. Therefore, the identification wouldn't be necessary. Senator Donley remarked that this legislation adds protections for those who really need handicap parking spaces. Number 1563 REPRESENTATIVE WILSON said this is important legislation. REPRESENTATIVE STEVENS inquired as to the rules that businesses must follow when designating handicap parking spots. Number 1680 CHUCK HOSACK, Deputy Director, Division of Motor Vehicles, Department of Administration, testified via teleconference. In most cases, the number of parking spaces is governed by municipal code. There is no state requirement. Some of the stores with more than the minimum [municipal] requirement have done so by their own choice. SENATOR DONLEY recalled that per the federal Americans with Disabilities Act (ADA) there are specifications with regard to the size of handicap parking spaces as well as how they should be identified. MR. HOSAK agreed. He explained that handicap parking spaces must be a certain dimension and allow wheelchair access. The ADA also provides guidelines for the ratio of handicap parking to regular parking. Number 1765 WILLIAM CRAIG, Alaska Independent Blind, expressed support of [CSSB 206(TRA)]. Mr. Craig related his experience with folks who are not disabled parking a car with disabled plates in a handicap space. Although parking permits for disabled individuals is a good idea, some of the loopholes need to be closed. This legislation appears to do just that. CHAIR COGHILL highlighted that intent [language] for citizen volunteers. Therefore, he inquired as to how the issuance of these parking permit fines interacts with the citizen groups. SENATOR DONLEY explained that when comments were solicited on the first draft legislation, one of the more common responses was to provide for voluntary enforcement. Quite a few municipalities in other states have authorized citizens to issue a citation or some sort of enforcement action. Although that option already exists under Alaska law, many of the local governments weren't utilizing that option. Therefore, the intent language was inserted in order to encourage local governments to use this option. REPRESENTATIVE FATE directed attention to page 4, line 27, which refers to a fine of $250 and eight hours of community service for a violation under AS 28.10.181. He inquired as to why the penalty is almost double under AS 28.10.181. SENATOR DONLEY clarified that the aforementioned penalty is assessed when an individual intentionally misuses a permit and thus there is an element of fraud. REPRESENTATIVE JAMES asked if the aforementioned fine could be issued in a situation in which a person who isn't handicap is driving a car that has handicap license plates without the handicap person in the car and parks in a handicap parking space. SENATOR DONLEY replied yes. Number 1995 CHAIR COGHILL turned to Section 8, which inserts a new subsection that speaks to municipalities. This new subsection seems to increase the awareness of the municipalities. SENATOR DONLEY agreed. He pointed out that some municipalities in Alaska have adopted their own parking and traffic codes. This language allows the local governments the option to adopt their own [ordinances] in order to do their own enforcement using their own local resources. REPRESENTATIVE STEVENS mentioned his frustration when he sees seemingly healthy individuals [park in] handicap parking spaces. However, he has been concerned that those people might have a disability that he couldn't see or understand. SENATOR DONLEY specified that Alaska law is consistent with the federal ADA criteria, although Alaska could adopt its own law if it wanted. He offered to provide the committee with a description of that federal law. In further response to Representative Stevens, Senator Donley clarified that SB 206 doesn't change existing standards nor does it deviate from the national standards. REPRESENTATIVE JAMES indicated that [ADA] specified a [maximum] length, perhaps 200 feet, that a handicap individual could walk and thus for that length the individual may not look handicap. Number 2203 REPRESENTATIVE FATE moved to report CSSB 206(TRA) out of committee with individual recommendations and the accompanying zero fiscal notes. There being no objection, CSSB 206(TRA) was reported from the House State Affairs Standing Committee.
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