Legislature(2001 - 2002)

02/12/2002 01:36 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
         SB 206-DISABLED PARKING AND REGISTRATION PLATES                                                                    
                                                                                                                              
SENATOR DONLEY,  sponsor SB  206, explained it  was the  result of                                                              
three years  of work.  Around  the country there had  been several                                                              
initiatives  to  improve on  the  current  system states  use  for                                                              
disabled  parking  permits.    He had  personal  friends  who  are                                                              
seriously disabled  and they  had over  the years expressed  their                                                              
dismay when they  try to find a place to park  and there are other                                                              
people in those spots that are not  disabled but have permits.  He                                                              
had done research and found several  things that could be reformed                                                              
in Alaska.   Three years  ago he started  the process  of reaching                                                              
out to  the various  groups around  the state  that represent  the                                                              
people that would use disabled license  plates and solicited their                                                              
comments annually.   Based  on those comments  and a  meeting held                                                              
with  Department of  Motor  Vehicle (DMV)  experts  in that  area,                                                              
members of the  public and his staff, they suggested  the existing                                                              
laws needed to be reformed.  That is where SB 206 came from.                                                                    
                                                                                                                                
SENATOR DONLEY said  SB 206 would beef up the  penalty for someone                                                              
who illegally  parks in a  handicapped/disabled parking spot.   It                                                              
would also for the first time have  a separate penalty for someone                                                              
who misused a permit.                                                                                                           
                                                                                                                                
SEANTOR  DONLEY described  a  time he  caught  someone misusing  a                                                              
permit.  Because  he had been so  interested in this issue  he had                                                              
been  watching   and  when   walking  back   to  the   Legislative                                                              
Information Office  in Anchorage  he noticed an individual  parked                                                              
in the  disabled parking  spot in front  of the Federal  Building.                                                              
He had a temporary  Handicap Permit and jumped out  of the car and                                                              
ran into the Forth Avenue Theater.   He followed the young man and                                                              
found he  was working there.   He approached  him and told  him he                                                              
didn't understand,  he was  parked in a  handicapped spot  but did                                                              
not look disabled  in any way.   The man answered that  he was not                                                              
disabled it was his friend's permit.   Senator Donley asked why he                                                              
felt justified in using that space.   He answered because he had a                                                              
permit.   Senator  Donley told  him the  permit was  not his.   He                                                              
said, yea, but his  friend loaned it to him.   Senator Donley said                                                              
that was not going  to cut it and gave him the  choice to move the                                                              
car or he would call the parking  enforcement people and tell them                                                              
what he  was doing.  He  chose to move  his car.    Senator Donley                                                              
said if as  an individual walking  down the street he  can observe                                                              
this kind of behavior it certainly  did indicate that something is                                                              
going on out there.   He said he understood those  in the disabled                                                              
community severely resent that kind of behavior.                                                                                
                                                                                                                                
This bill would,  for the first time, clarify that  people who are                                                              
not truly  disabled should  not be using  disabled permits.   Just                                                              
because they have  a permit did not make it right  for them to use                                                              
a disabled spot.   This would tighten up the law and  say to use a                                                              
disabled permit  you need  to have a  disabled person with  you in                                                              
the automobile that is actually going  to be getting in and out of                                                              
the automobile.                                                                                                                 
                                                                                                                                
SENATOR  DONLEY  explained  another excuse  they  encountered  was                                                              
people saying  their friend  had a disabled  permit and  they were                                                              
going to  the store  for them.   In  that case  they should  use a                                                              
regular parking  spot.  Just because  they are serving  a function                                                              
for somebody who  could use disabled parking it did  not give them                                                              
authority to use a disabled parking  space.  This bill would adopt                                                              
a new  separate penalty for  misusing a permit  and it would  be a                                                              
higher penalty  because that  was a more  serious abuse  than just                                                              
parking without a permit.                                                                                                       
                                                                                                                                
He said in  working with DMV good  progress had been made  so some                                                              
of the elements of the original bill  were not necessary.  DMV had                                                              
been very  good to work  with and very  supportive in  the matter.                                                              
When somebody is issued a drivers  license it will now have a code                                                              
indicating if they are eligible to  use a disabled parking permit.                                                              
Police can  identify whether that  specific person is  entitled to                                                              
use  the permit.    There are  a  lot of  people  who are  legally                                                              
disabled  who do  not always  look  like they  might be  disabled.                                                              
This enforcement  challenge was addressed with the  cooperation of                                                              
DMV  people   who  had  also   been  helpful  in   developing  the                                                              
legislation.                                                                                                                    
                                                                                                                                
SENATOR DONLEY  said this gave the  committee an idea of  what was                                                              
in the  proposed CS.   It was to toughen  up and clarify  the law.                                                              
It wasn't  intended for  people to use  permits who are  not truly                                                              
disabled.   He wanted to insure  those parking spots  are reserved                                                              
for people who actually really need those spots.                                                                                
                                                                                                                                
SENATOR WARD  moved to adopt  the CS for SB  206.  There  being no                                                              
objection, the CS was adopted.                                                                                                  
                                                                                                                                
SENATOR WARD asked  how many violations there  are for handicapped                                                              
permits.                                                                                                                        
                                                                                                                                
SENATOR DONLEY  said he did not  know because they are  not coded.                                                              
He  could probably  get  the number  of  tickets  written but  the                                                              
question becomes  how many are the  misuse of a permit  verses how                                                              
many are people without a permit  parked in the spots because they                                                              
are all treated the same.                                                                                                       
                                                                                                                                
SENATOR WARD asked why he did not  propose in the adopted CS to go                                                              
directly  to a  $250  fine and  four points  instead  of a  tiered                                                              
approach.                                                                                                                       
                                                                                                                                
SENATOR DONLEY  thought there was the circumstance  where somebody                                                              
could actually  park one foot  over the line.   He was  willing to                                                              
give  everybody  the  benefit  of  the doubt  the  first  time  it                                                              
happened but  the second  time there was  a much stronger  case of                                                              
intentional  abuse.   They ought  to take it  more seriously  when                                                              
somebody  intentionally  misuses  a  permit  verses  somebody  who                                                              
negligently or  illegally parks.  There  is more of an  element of                                                              
fraud when  somebody is  sophisticated enough  to actually  misuse                                                              
somebody else's permit.                                                                                                         
                                                                                                                                
SENATOR WARD  said first  of all  they passed  laws and  took away                                                              
parking  spaces and  designated  them for  disabled  parking.   He                                                              
asked if  somebody was to drive  someone disabled to a  place that                                                              
had a  disabled parking  spot then they  would be eligible  to sit                                                              
there in the vehicle while they went in and did shopping.                                                                       
                                                                                                                                
SENATOR DONLEY  said the  way the  bill is  drafted the  permit is                                                              
usable by  somebody who  gets in and  out of the  car.   The whole                                                              
purpose of having  the permit is because you are  going someplace.                                                              
If  the person  getting  in and  out  of the  vehicle  is not  the                                                              
disabled person  they should  not be using  the permit.   That was                                                              
how they tried to narrow down the definition.                                                                                   
                                                                                                                                
SENATOR WARD  said his  question was  if somebody is  chauffeuring                                                              
somebody  around  that  has  a  permit,   under  this  law  is  it                                                              
completely OK for him or her to park in the handicapped parking.                                                                
                                                                                                                                
SENATOR DONLEY said  not if the disabled person is  not the person                                                              
getting in and out of the vehicle.                                                                                              
                                                                                                                                
SENATOR  WARD said  he  disagreed with  that.   He  had taken  his                                                              
mother to Carrs  grocery store many times.  He drives  the car and                                                              
she makes  him park  right  by the front  door even  though  he is                                                              
fully capable  of moving it into  the general parking in  the lot.                                                              
But whenever she  comes out she wants the car  right there because                                                              
she is out of breath.                                                                                                           
                                                                                                                                
SENATOR DONLEY said  it would cover that circumstance  because she                                                              
had gotten out of the car and gone in shopping.                                                                                 
                                                                                                                                
SENATOR  WARD asked  even if  she  is not  the driver,  he is  the                                                              
driver.                                                                                                                         
                                                                                                                                
SENATOR DONLEY  said it is OK  if the disabled person  is actually                                                              
getting in and out of the car.                                                                                                  
                                                                                                                                
SENATOR TAYLOR  said what would not  work is if his  mother stayed                                                              
in the car.                                                                                                                     
                                                                                                                                
SENATOR  WARD said  he could  park anywhere  but she  wants to  go                                                              
herself and  this is  something that  he does twice  a week.   She                                                              
wants  to  park right  by  the  door and  go  in  and do  her  own                                                              
shopping.  He sits  there as a healthy person and  it always makes                                                              
him feel  a little funny  too because  it seems like  everybody is                                                              
looking at him.                                                                                                                 
                                                                                                                                
SENATOR DONLEY said  he had the same situation with  his dad.  His                                                              
dad had  a disabled permit  and sometimes  he would drive  him but                                                              
his  dad would  always  get out  of  the car  when  they used  the                                                              
permit.   The purpose of the  disabled permit is for  the disabled                                                              
person to have  easier access.  It  is defined in the  bill if the                                                              
disabled  person is  getting in  and out  of the  vehicle that  is                                                              
fine.                                                                                                                           
                                                                                                                                
SENATOR  TAYLOR  asked  what  Senator  Donley  was  doing  on  the                                                              
temporary  permits and  how  do they  eradicate  those over  time.                                                              
They are  made out  of good heavy  plastic and  last a  long time.                                                              
These  permits are  for  people who  get  injured,  for example  a                                                              
broken leg and have  to be on crutches.  They  really are disabled                                                              
and have a hard time getting around.   It is appropriate they have                                                              
the permit  while they  are healing  but within  six months  or so                                                              
they are done with their rehabilitation  and still have the permit                                                              
hanging off of the rearview mirror.                                                                                             
                                                                                                                                
DON BRANDON,  Americans with  Disabilities Act Coordinator  (ADA),                                                              
Department of Labor, said the temporary  permits are dated and are                                                              
different colors.  The blue ones  have a life of about three years                                                              
and the red ones  have a life of anywhere from a  month to no more                                                              
than ninety  days.   Enforcement  officials can  look and see  the                                                              
date and  see if it is  being abused.  He  said it is made  out of                                                              
plastic but intended to last for a short period of time.                                                                        
                                                                                                                                
SENATOR  TAYLOR  said  part  of his  concern  was  the  discretion                                                              
exercised by  officers in  the field.   He related a  circumstance                                                              
where  he was  using  his  car to  transport  people  home from  a                                                              
banquet where  there had been  considerable drinking going  on and                                                              
he did not want  anybody driving home.  He pulled  into the police                                                              
parking lot  at 2:30 AM where  there were six  handicapped parking                                                              
spaces  covered with  snow and apparently  he  pulled into  one of                                                              
those.   He  did not  expect  a big  flood  of handicapped  people                                                              
showing up at the police department  at 2:30 in the morning but he                                                              
got a $100 ticket.   He said he would hate to think  that all of a                                                              
sudden  they would be  hitting people  with $250  fines and  eight                                                              
hours  of community  service  and  four  points on  their  drivers                                                              
license because  some parking  fairy decided  they are  six inches                                                              
over a line.  He was concerned about that aspect of the bill.                                                                   
                                                                                                                                
SENATOR DONLEY said that was why  this bill did not do that.  This                                                              
proposal  only invokes  the $250  fine when  somebody is  actually                                                              
misusing a  permit.  He thought there  was a whole other  level of                                                              
culpability there.                                                                                                              
                                                                                                                                
SENATOR WARD asked how many citations  had been issued in the last                                                              
year.                                                                                                                           
                                                                                                                                
MR. BRANDON said  the information could be gathered.   He said the                                                              
question was a good one and if Senator  Ward drove around with him                                                              
he could  show him two  or three violations  a day but  they don't                                                              
all get tickets.   It is a  real prevalent issue because  a lot of                                                              
people are  using the  mentality that  Senator Taylor was  talking                                                              
about, where  I am only  going to be here  a second.   Often times                                                              
that 10 or  20 minutes they are  parked there is the  time when he                                                              
drives by  and needs the  accessible parking  place and it  is not                                                              
available.                                                                                                                      
                                                                                                                                
SENATOR  WARD said  he  had seen  it right  in  the State  Capital                                                              
Building parking  lot every other day.   He did not see  a license                                                              
plate  or the  temporary permit  but  people are  parking in  that                                                              
handicapped  space.   He asked how  many people  had been  charged                                                              
with it.                                                                                                                        
                                                                                                                                
MR. BRANDON  said DMV had a list  of how many fines they  have put                                                              
out so that information could be gathered.                                                                                      
                                                                                                                                
SENATOR ELTON said he thought they  should throw the book at them.                                                              
He thought one of the most egregious  examples of abuse was from a                                                              
report about a year ago where seven  or eight members of a college                                                              
football team, including  the star quarterback, had  gotten a hold                                                              
of these permits and were using them.   He thought a $250 fine was                                                              
not nearly enough.                                                                                                              
                                                                                                                                
JAY. C.  BUSH, Planner, Gov.  Council on Disabilities  and Special                                                              
Education, said  at the request of  the council he  was testifying                                                              
in support  of SB 206 and  appreciated Senator Donley  bringing it                                                              
forward.                                                                                                                        
                                                                                                                                
JIM BRADY, Kenai  Peninsula Independent Living Center,  said there                                                              
was  a lack  of language  that specifically  required a  qualified                                                              
permit  holder to  be  getting out  of the  vehicle  when using  a                                                              
designated accessible space.  He  said there had been comment that                                                              
the bill did address that but he  could not find that in the bill.                                                              
He said  validly  permitted individuals  are dropping  able-bodied                                                              
companions off in accessible spaces.   The accessible space should                                                              
be for  the use of individuals  with disabilities who  are exiting                                                              
their vehicle and the language in the bill should be clear.                                                                     
                                                                                                                                
He said there was also a need for  clear prohibition of parking in                                                              
access  isles adjacent  to  designated accessible  parking  space.                                                              
The access isles  are necessary for the use of  the parking space.                                                              
He witnessed  on at least a  weekly basis people, who  because the                                                              
accessible  space is  occupied, park  in the  access isle  because                                                              
they think that a valid parking permit  allows them to do so.  The                                                              
same penalty should apply to parking  in an access isle as applies                                                              
to illegally parking in the accessible  space.  The penalty should                                                              
be assessed regardless of whether  the vehicle or the operator has                                                              
a valid permit.                                                                                                                 
                                                                                                                                
SENATOR  DONLEY said  Mr. Brady's  first  comment was  one of  the                                                              
comments they had  previously received.  The witness  probably not                                                              
had a chance  to see the  CS where on page  4, lines 11 and  12 it                                                              
specifically references actually  exiting or entering the vehicle.                                                              
                                                                                                                                
He said he did not remember getting  the second comment earlier so                                                              
had not examined the access isles.                                                                                              
                                                                                                                                
SENATOR  WARD said  his  understanding was  the  access isles  are                                                              
considered a  part of the handicapped  parking so it did  not need                                                              
to be clarified because it is a part of the space.                                                                              
                                                                                                                                
MR.  BRADY  said  there  is  a  validly   parked  vehicle  in  the                                                              
accessible space and  someone else comes with  an accessible plate                                                              
or permit  and parks in the  access isle, which makes  the parking                                                              
space completely  unusable.   The  access isle  is designed  so an                                                              
individual in a  wheel chair or using a walker can  get in and out                                                              
of the vehicle.   If the access isle is blocked  by a car, whether                                                              
or not it has a valid permit, it makes the space unusable.                                                                      
                                                                                                                                
SENATOR WARD asked if he was saying  in wintertime they do not see                                                              
the stripping,  it is covered  up and they  are parking as  if the                                                              
van access  isn't there.   They think  it is just another  parking                                                              
spot.                                                                                                                           
                                                                                                                                
MR. BRADY said  it doesn't have to  be in the wintertime,  he sees                                                              
it in the summertime.   People park there because  they think they                                                              
have  a right  to park  in  the access  space.   A  lot of  people                                                              
consider the access isle as part of the parking space.                                                                          
                                                                                                                                
SENATOR  TAYLOR  clarified  it was  two  people  with  handicapped                                                              
parking  permits,  one of  them  parking  legally, the  other  one                                                              
parking in the walkway.                                                                                                         
                                                                                                                                
MR.  BRANDON said  Mr. Brady  is exactly  right.   Two people  are                                                              
qualified  to  use  the  accessible  space and  one  is  using  it                                                              
errantly.  Part of the reason for  that is the need to define what                                                              
an accessible parking place looks  like for Alaska.  He said maybe                                                              
it  is something  that  can be  addressed  in  regulation if  they                                                              
cannot get it in the bill.                                                                                                      
                                                                                                                                
The ADA,  is the federal law  that requires accessible  parking in                                                              
public areas.   It says the  only thing that designates  the space                                                              
is the sign that  is viewable over a vehicle parked  in the space.                                                              
It gives certain  dimensions that are required but  the blue lines                                                              
and blue  bumpers and  curbs are  not a  requirement.  He  thought                                                              
either  in  regulation  or  in  the  law  itself  giving  a  clear                                                              
definition of what the accessible space is would help.                                                                          
                                                                                                                                
MR. BRANDON explained  sometimes people who are  newly injured are                                                              
not  using  accessible  parking  correctly  or it  is  not  signed                                                              
appropriately.                                                                                                                  
                                                                                                                                
He  gave an  example where  a van  accessible space  looks to  the                                                              
common driver like two spots.  One  space is painted blue with the                                                              
access space beside it.  Fred Meyers  painted all 16 feet of their                                                              
curb blue  but did  not demarcate  it with lines.   They  hava one                                                              
sign up  because it is  supposed to be  one van accessible  space.                                                              
Someone  parks in  the accessible  spot  and someone  that is  not                                                              
disabled  parks right  beside it  in the access  isle not  knowing                                                              
what it is there for.                                                                                                           
                                                                                                                                
MR.  BRANDON said  they do  not have  consistency for  demarcating                                                              
what accessible  parking  spaces should  look like throughout  the                                                              
state.   Some  people  think putting  up the  sign  in a  standard                                                              
parking place  with no access isle  is appropriate.  He  sees that                                                              
error a  lot from parking  owners that  put the signs  up wrongly.                                                              
He said  some definition of what  an accessible parking  space for                                                              
the State  of Alaska should  look like  should be included  in the                                                              
regulation.  They are not clearly marked and consistent.                                                                        
                                                                                                                                
SENATOR  ELTON said  that could  be  handled in  regulation.   The                                                              
statutes govern  handicapped parking  and he  thought it  would be                                                              
appropriate for  DMV to address  the different styles  of handicap                                                              
parking including signage in regulation.                                                                                        
                                                                                                                                
FRANK DILLION, speaking  as an Anchorage citizen,  wanted to voice                                                              
his  support for  SB  206.   He  saw handicapped  spaces  commonly                                                              
misused  and felt  increasing the  penalty might  help solve  this                                                              
problem so  the people who need those  spaces could use  them.  He                                                              
suggested the  access spaces  could perhaps  be posted  no parking                                                              
period.                                                                                                                         
                                                                                                                                
SENATOR TAYLOR thanked  the sponsor and moved CSSB  206 (TRA) from                                                              
committee  with  individual  recommendations.     There  being  no                                                              
objection the motion carried.                                                                                                   

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