HS HB 389 -- PARKING FOR THE PHYSICALLY DISABLED

This bill increases the maximum fine for persons found guilty of
parking in a designated space reserved for the physically
disabled from $200 to $300.

A removable windshield placard may be displayed for 6 months and
renewed once for an additional 6 months.  Any placard issued
will only be used when a physically disabled occupant is in the
motor vehicle at the time of parking or when a physically
disabled person is being delivered or collected by a properly
marked vehicle which is parked for the sole use of the
physically disabled person.

The Director of Revenue upon receiving a physician's statement
will be required to check with the State Board of Registration
for the Healing Arts to determine whether the physician is duly
licensed and registered.  The board will be required to
cooperate and assist the department in establishing a list of
all physicians and any other information necessary to carry out
the department's requirement.

The Director of Revenue after September 1, 1998, and prior to
August 31, 1999, will be required to authorize a one-time
recertification and review of all permanent disabled person
license plates and windshield placards, including requiring the
presentation of a new or current physician's license numbers and
related information.

Parking spaces designated for disabled parking must meet the
requirements of the federal Americans with Disabilities Act.

The bill contains clarifying language relating to law
enforcement involvement in removing improperly parked vehicles
from public offstreet parking.

Handicapped persons will be allowed to operate all-terrain
vehicles for short distances occasionally only on state
secondary roads between the hours of sunrise and sunset.

HS HB 389 -- PARKING FOR THE PHYSICALLY DISABLED (Luetkenhaus)

This substitute requires that persons found guilty of parking in
a designated space reserved for the physically disabled be
punished by a fine of not less than $50 nor more than $300.

A removable windshield placard may be displayed for 6 months and
renewed once for an additional 6 months.  Any placard issued
will only be used when a physically disabled occupant is in the
motor vehicle at the time of parking or when a physically
disabled person is being delivered or collected by a properly
marked vehicle which is parked for the sole use of the
physically disabled person.

The Director of Revenue upon receiving a physician's statement
will be required to check with the State Board of Registration
for the Healing Arts to determine whether the physician is duly
licensed and registered.  The board will be required to
cooperate and assist the department in establishing a list of
all physicians and any other information necessary to carry out
the department's requirement.

The Director of Revenue after September 1, 1998, and prior to
August 31, 1999, will be required to authorize a one-time
recertification and review of all permanent disabled person
license plates and windshield placards, including requiring the
presentation of a new or current physician's license numbers and
related information.

Parking spaces designated for disabled parking must meet the
requirements of the federal Americans with Disabilities Act.

The substitute contains clarifying language relating to law
enforcement involvement in removing improperly parked vehicles
from public offstreet parking.

FISCAL NOTE:  Estimated Net Cost to Highway Fund of $3,731 for
FY 1998, $6,934 for FY 1999, and $0 for FY 2000.

HB 389, HCA 1 -- HANDICAPPED PARKING SPACES

SPONSORS:  Luetkenhaus

COMMITTEE ACTION:  Voted "do pass" by the Committee on Motor
Vehicle and Traffic Regulations by a vote of 12 to 0.

This bill requires that persons found guilty of parking in a
designated space reserved for physically disabled persons be
punished on the first conviction by a fine of not less than
$100, on the second conviction by a fine of not less than $500,
and on the third and any subsequent convictions by a fine of not
less than $1,000.  Any person found guilty of parking in a space
reserved for physically disabled persons on the second and third
offense will be subject to an assessment of 12 points on their
driving license.

A removable windshield placard may be displayed by a physically
disabled person or certain other people and entities for 6
months and renewed once for an additional 6 months.  After the
expiration of the 6 month renewal period the person or entity
will not again be qualified to possess and display such a
placard.    Any placard issued will only be used when a
physically disabled occupant is in the motor vehicle at the time
of parking or when a physically disabled person is being
delivered or collected by a properly marked vehicle which is
parked for the sole use of the physically disabled person.

HCA 1 -- Raises the current penalty of $50 to $100 for parking
in a designated handicapped parking space.  Parking space widths
will be 8 feet wide with an access aisle of 5 feet wide or
greater.  The amendment spells out how many handicapped parking
spaces must be placed per number of total parking spaces.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that reserved handicapped parking
spaces are not being looked upon seriously by the general public.

Testifying for the bill were Representative Luetkenhaus; and
Governor's Council on Disability.

OPPONENTS:  There was no opposition voiced to the committee.

Robert Triplett, Research Analyst

HB 389 -- Handicapped Parking Spaces

Sponsor:  Luetkenhaus

This bill requires that persons found guilty of parking in a
designated space reserved for physically disabled persons be
punished on the first conviction by a fine of not less than
$100, on the second conviction by a fine of not less than $500,
and on the third and any subsequent convictions by a fine of not
less than $1,000.  Any person found guilty of parking in a space
reserved for physically disabled persons on the second and third
offense will be subject to an assessment of 12 points on their
driving license.

A removable windshield placard may be displayed by a physically
disabled person or certain other people and entities for 6
months and renewed once for an additional 6 months.  After the
expiration of the 6 month renewal period the person or entity
will not again be qualified to possess and display such a
placard.    Any placard issued will only be used when a
physically disabled occupant is in the motor vehicle at the time
of parking or when a physically disabled person is being
delivered or collected by a properly marked vehicle which is
parked for the sole use of the physically disabled person.